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HomeMy WebLinkAboutMINUTES - 12161997 - D3 t 3 To: BOARD OF SUPERVISORS IOC-01 Contra 1 r' FROM: .s Costa INTERNAL OPERATIONS COMMITTEE � �< X �_ ,::... County December 9 n DATE: 16 1997 ^_: .`�� , SUBJECT: REPORT ON AMENDMENTS TO THE CAMPAIGN SPENDING REFORM ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: INTRODUCE the attached Ordinance amending the Campaign Spending Reform Ordinance, WAIVE reading of the Ordinance, and FIX January 6, 1998 for adoption of the Ordinance. BACKGROUND: On March 18, 1997, our Committee considered several provisions relating to the County's Campaign Ordinance and directed the County Counsel's Office to prepare an ordinance to accompany our Committee's report to the Board on April 1, 1997. At the request of Supervisor Rogers, consideration of our Committee's report was deferred until April 22, 1997 in order to provide an opportunity for our Committee to meet with the Finance Committee and further consider this subject. On May 20, 1997, our Committee met with the Finance Committee and reviewed their proposed alternative ordinance. At the conclusion of that meeting, our Committees asked the County Counsel's office to prepare a side-by-side comparison of current law, the Internal Operations Committee's proposal and the Finance Committee's proposal. We also asked the organizations that were represented at our meeting to submit whatever comments they wished to have considered by the Internal Operations and Finance Committees on June 17, 1997. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD OMMITTE APPROVE 77_OCHER SIGNATURE(S): IM ROG RS DONNA GES ER ACTION OF BOARD ON December 16, 1997 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I EBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CO CT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERE THE MINUTES OF THE BOARD ABSENT: ABSTAI OF SUPERVISORS O HE DATE SHOWN. ATTESTED Contact: PHIL BATCHELOR,CLERK HE BOARD OF cc: Count dministrator SUPERVISORS AND COUNTY AD STRATOR Di ict Attorney ounty Counsel County Clerk-Recorder BY 9PUTY IOC-01 On June 17, 1997, our Committee and the Finance Committee reached agreement on most items and identified those on which additional discussion was needed. We agreed to another joint meeting on July 15, 1997. On July 15, 1997, our Committee and at least one member of the Finance Committee reached complete agreement on all items except one. This one exception is the point at which the escalator provisions become effective.when,a candidate who has not accepted the voluntary expenditure limit receives contributions or makes expenditures or when an independent expenditure committee makes contributions either to oppose a candidate or to support the candidate's opponent and the precise manner in which those provisions are to be implemented. That issue has been dropped from our Committee's report and will be addressed by Supervisor Rogers as a separate item. The attached ordinance does the following, which are set forth in more detail in the attached cover memo from Deputy County Counsel Mary Ann Mason. Our objective here is to eliminate provisions from our Ordinance which duplicate existing State law or Proposition 208 and to conform our Ordinance to Proposition 208: ✓ Repeals definitions of "Election cycle" and "Broad-based political committee" which are rendered obsolete with the passage of Proposition 208. ✓ Repeals provisions authorizing the County Clerk to adopt regulations implementing the Ordinance and the requirement that the County Clerk hold informational meetings about the Ordinance with candidates for County office. ✓ Repeals contribution limits and voluntary expenditure ceilings for non- supervisorial county offices because they exceed the limits imposed by Proposition 208. These offices would be subject to the contribution limits imposed by Proposition 208. ✓ Repeals sections of the Ordinance addressing return of excess contributions for both supervisorial and non-supervisorial offices. This subject would be governed by State regulations which provide for a 14-day period in which to return excess contributions. ✓ Repeals a provision of the Ordinance prohibiting public financing of campaign which duplicates a provision in the Government Code which already prohibits public financing of campaigns. ✓ Repeals a provision of the Ordinance which sets small contributor committee limits at different levels than does Proposition 208. Candidates would be governed by the provisions of Proposition 208. ✓ Repeals a provision of the Ordinance which limits the amount a candidate can loan his or her campaign. Supervisorial candidates would be subject to the provisions of Proposition 208. -2- IOC-01 ✓ Repeals a provision of the Ordinance which addresses the manner in which a contributor's contributions to a candidate and to independent expenditure committee are cumulated. Supervisorial candidates would be subject to the provisions of Proposition 208. ✓ Repeals a provision of the Ordinance which requires the County Clerk to review and monitor candidates' campaign statements, to notify candidates of apparent violations and to report uncorrected violations to the District Attorney. ✓ The Ordinance would be amended to remove the requirement for an additional county campaign report and an independent expenditure report on the seventh day before the election. There would still be one additional county report required on the Friday before the election. ✓ The Ordinance would be amended to require that candidates and committees specify in campaign reports the name and address of donors who contribute amounts between $25 and $99. ✓ Amends the Ordinance section on disclosure of contributors to independent committees to specify the financial limits which would trigger the disclosure, clarifies that the disclosure requirements apply to mass mailings by independent expenditure committees, that independent expenditure committees would have to disclose the five top contributors to the committee in the past 12 months, addresses out-of-county contributors and makes other changes to the manner in which the disclosure is shown on a mass mailing. ✓ Other technical amendments are made to the Ordinance to conform it with Proposition 208 and existing State law. The Internal Operations Committee recommends that the Ordinance be introduced, that reading�be waived and that the Ordinance be set for adoption on January 6, 1998. -3- COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ,CALIFORNIA Date: December 9, 1997 To: Board of Supervisors From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Proposed revisions to Election Campaign Ordinance We have prepared a draft ordinance which would modify Division 530 "Election Campaign." This draft ordinance is identical to those circulated to the Board of Supervisors with our memorandum of July 28, 1997, except that this draft ordinance does not include any proposed modification of the existing provisions for escalation of the voluntary expenditure ceiling applicable to supervisorial campaigns. In the attached draft ordinance, deletions are shown by str-ikeeut and additions are shown byW.difi Ordinance Sections to be Repealed Ordinance sections 530-2.212 "Election cycle" and 530-2.216"Broad based political committee" define terms which became obsolete with the passage of Proposition 208. These sections would be repealed. Ordinance section 530-2.218 "Regulations" authorized the County Clerk to adopt regulations implementing the campaign ordinance, and section 530-2.220"Informational meeting" required the County Clerk to hold an informational meeting about the ordinance for candidates for County office. These sections would be repealed. Ordinance sections 530-2.402"Individual Campaign Contributions," 530-2.403 "In-kind contribution of campaign office space," and 530-2.404"Broad based political committees" contain contribution limits applicable to candidates for non-supervisorial county offices. These contribution limits exceed the contribution amounts permitted under Proposition 208 and would be repealed. As revised, the Election Campaign Ordinance would neither set contribution limits nor establish a voluntary expenditure ceiling for non-supervisorial candidates. Non-supervisorial candidates would be subject to the contribution limits imposed in Proposition 208: $250 for individuals and $500 for small contributor committees. (Gov't. Code §§ 85301 (b), 85302.) Ordinance sections 530-2.405 "Return of excess contributions" (non-supervisorial campaigns) and 530-2.705 "Return of excess contributions" (supervisorial campaigns) are preempted by Title 2 California Code of Regulations section 18531 which provides that a contribution in excess of the limits may be returned prior to negotiation or deposit within 14 days of receipt. These ordinance Board of Supervisors 2 December 9, 1997 sections would be repealed. Ordinance section 530-2.406"Governmental entities", a prohibition against public financing of campaigns, duplicates the later enacted Government Code section 85300.which prohibits public financing of campaigns. This ordinance section would be repealed. Ordinance section 530-2.704 "Small contributor committee campaign contributions" sets the contribution limits for small contributor committees at $200 for a supervisorial candidate who does not accept the voluntary expenditure ceiling and at $1,000 for a candidate who does accept the ceiling. This section would be repealed. Thereafter supervisorial candidates would be subject to the small contributor committee contribution limits under Proposition 208: $500 for a supervisorial candidate who does not accept the expenditure ceiling and $1,000 for a candidate who does accept the ceiling. Ordinance section 530-2.706"Limitation on personal loans" provides that a supervisorial candidate who accepts the voluntary expenditure ceiling may loan his or her campaign up to $20,000 per election, and a candidate who does not accept the ceiling may loan his or her campaign up to $5,000 per election. This section would be repealed. Thereafter, supervisorial candidates would be subject to Government Code section 85307 which prohibits any candidate from loaning his or her campaign more than $20,000 per election. Ordinance section 530-2.710 "Contributions cumulated" provides that if a contributor gives at least $100 to a supervisorial candidate, the contributor's contributions to the candidate and the contributor's contributions to independent expenditure committees on behalf of the candidate are cumulated for purposes of the contribution limits applicable to the candidate. This section would be repealed. Thereafter, only the cumulative contribution limit established by Proposition 208 would apply. Government code section 85500 (c) specifies that if a contributor gives $100 to a candidate, the contributor's contributions to the candidate and the contributor's independent expenditures on behalf of the candidate or in opposition to the candidate's opponents, are cumulated for purposes of the contribution limits applicable to the candidate. Ordinance section 530-2.1002"Clerk and district attorney review" requires the County Clerk to monitor candidates' campaign statements, notify candidates of apparent violations of Election Ordinance requirements, and report uncorrected apparent violations to the District Attorney. The District Attorney performs the same functions as to statements filed by the County Clerk. This section would be repealed. Ordinance Sections to be Amended Ordinance section 530-2.702 "Application" which addresses the application of Article 530- 2.7"Supervisorial Campaigns" would be amended to delete references to repealed provisions. Ordinance section 530-2.707"Voluntary expenditure limits" addresses the voluntary expenditure ceiling applicable in supervisorial campaigns. Subsection(a) "Statement adopting i . Board of Supervisors 3 December 9, 1997 expenditure ceiling" would be amended to delete repealed sections on small contributor committee contribution limits and personal loan limits for supervisorial candidates. Ordinance section 530-2.707"Voluntary expenditure limits" subsection(b) "Time for filing statement adopting expenditure ceiling"would be deleted. That subsection permitted a supervisorial candidate to file a statement adopting the expenditure ceiling at any time after the date which is twelve months before the primary election. Subsection (b) is preempted by Government Code section 85401 which requires candidates to file a statement of"acceptance or rejection" of voluntary expenditure ceilings before accepting any contributions. The Fair Political Practices Commission adopted a regulation specifying the time and manner for filing a statement adopting the expenditure ceiling and created Form 500 for this purpose. (See 2 C.C.R. § 18541.) Ordinance section 530-2.707"Voluntary expenditure ceiling" subsection(k)"Exclusions" which addresses expenditures not subject to the ceiling would be amended to modify the definition of "office holder expenses" for consistency with new Government Code section 85313 "Officeholder expense account." As amended, subsection (k)would specify that office holder expenses means "expenses related to assisting, serving or communicating with constituents, or with carrying out the official duties of the elected officer." (See Gov't. Code § 85313 (a).) One of the items listed as an office holder expense, "the cost of tickets to political events" would be deleted from subsection (k) (3). Government Code section 85313 (a)prohibits the use of funds in an office holder account for an expenditure"made in connection with any campaign for elective office or ballot measure." Ordinance section 530-2.802 "Candidate and committee reports" would be amended to delete the requirement that candidates and committees must file an additional county campaign report and an independent expenditure report on the seventh day before the election. Candidates and committees would still have to file all reports required by State law and one additional county report on the last Friday before the election. Ordinance section 530-2.804 "Campaign statement" would be amended to require that candidates and committees specify in campaign reports the name and address of donors who contribute amounts between $25 and $99. Ordinance section 530-2.902 "Disclosure of contributors to independent committees" would be amended to specify that the section applies to independent expenditure committees making expenditures exceeding $1,000 for or against a candidate for county office, or exceeding $5,000 for or against the qualification, or passage, of a local ballot measure; that the disclosure requirements would apply to mass mailings by independent expenditure committees, delivered to residences by any means, including hand-delivery; that regardless of the amount of contribution, an independent expenditure committee would have to disclose the top five contributors to the committee during the twelve months preceding the most recently passed campaign reporting period; that if one-third of the committee's funding is received from large out-of-county contributors during the twelve months preceding the most recently passed campaign reporting period, the committee must so specify; that the committee would have to use the bottom one-third of the front page of the mass mailing solely for the purpose of making Board of Supervisors 4 December 9, 1997 the required disclosures; that the same type size would have to be used for all words in the disclosure, and parameters for margins and space between lines of type would be specified. MAM\am attachments cc: County Clerk District Attorney Attn: Jim Sepulveda, Deputy ORDINANCE NO. 97- (Amendments to Division 530 Election Campaign) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code). SECTION I. SUMMARY. This ordinance amends division 530 "Election Campaign" to repeal various provisions preempted by or addressed in Proposition 208, to repeal various provisions imposing duties on the County Clerk, to modify the definition of office holder expenses to conform to Proposition 208, to modify the number of additional county campaign statements candidates and committees must file, to impose additional candidate and committee reporting requirements as to small contributors, and to impose additional campaign advertising disclosure requirements for independent expenditure committees. SECTION II. Sections 530-2.212 "Election cycle", 530-2.216"Broad based political committee", 530-2.218"Regulations", 530-2.220"Informational Meeting", 530-2.402 "Individual campaign contributions", 530-2.403 "In-kind contribution of campaign office space", 530-2.404 "Broad based political committees", 530-2.405 "Return of excess contributions", 530- 2.406"Governmental entities", 530-2.704 "Small contributor committee campaign contributions", 530-2.705 "Return of excess contributions", 530-2.706"Limitation on personal loans", 530-2.710 "Contributions cumulated" and 530-2.1002 "Clerk and district attorney review" are hereby repealed. SECTION III. Section 530-2.702 is amended to read: 530-2.702 Application. (a) This Article applies only to candidates for the office of County Supervisor. Unless otherwise specified, "candidate" includes recall candidates. "Recall candidates" means those candidates who are running to replace an incumbent Supervisor who is the subject of a ballot measure calling for his or her recall. (b) OFdinanee Code seoiens 530 2.402, 530 2.403, 530 2.404, 530 2.405 and 530 2.6 shed! net apply te eand-ic-IA-t.f--q- .fA-r-s.beeffieeefGeuntySupe 00. To the extent that there is any conflict between the provisions of this article and the 1 other provisions of Chapter 530-2, the provisions of this article shall prevail as to campaigns for the office of County Supervisor. (Ords. 97- §3, 96-48, 95-8.) SECTION IV. Section 530-2.707 is amended to read: 530-2.707 Voluntary expenditure limits. (a) Statement accepting expenditure ceiling. All candidates who adopt the expenditure ceiling specified in subsection (ne) may accept contributions in the amounts specified in section 530-2.703, subsection (b).and seefien 530 2.794, . Before accepting any contributions dag-any Jeans within the amounts specified in sections 530-2.703, subsection(b), 530 2.704, .,..bsee fie (b) and 530 2.706, subserAien , a candidate for a primary, general, or recall election must file with the Count Clerk-election division a statement ltdjjj:;thetdit ; Y ........:.........::....:.Y.....::....:...:..:. ............................................................................. lolipal ctces Commission, signed under penalty of perjury, which states that the candidate adopts the expenditure ceiling specified in subsection (eb)below. (b) Time for filing statement adopting expenditure eeilingz The statement mbe filed by a eandidate, ether-than a r-erall eandida aftef that date vA�eh is twely time after-the primary eleefien Fesults are final until thiFty days prier-te the general elee4ien. Feeall eandideAe may file the statement adepting the expenditer-e eeiling at any time after-the d (fie) Amount of expenditure ceiling. For an election, candidates who agree to accept the voluntary expenditure ceiling shall not incur campaign expenditures exceeding eighty thousand dollars ($80,000), except as set forth in subsections ( ), (rI) and (e) below. ( )In r.6" in:eeil ng; smail contributions from individuals). For an election, a candidate who accepts the voluntary expenditure ceiling and who raises twenty percent of the amount of that ceiling in contributions of one hundred dollars($100) or less from individuals residing in the supervisorial district in which the candidate stands for election, may incur ten thousand dollars($10,000) in campaign expenditures in addition to that amount permitted in subsection(e ). (fie) Candidate whose opponent does not adopt ceiling. For an election, for a candidate who accepts the voluntary expenditure ceiling and whose opponent or opponents do not accept the expenditure ceiling, the amount of the voluntary expenditure ceiling specified in subsection ($e) shall increase by ten thousand dollars ($10,000) each time the opponent or 2 opponents not accepting the ceiling either receive cumulative contributions of ten thousand dollars($10,000) or make cumulative expenditures of ten thousand dollars ($10,000.) For purposes of determining whether the ten thousand dollar threshold for cumulative contributions is reached, the contributions received by all opponents not accepting the limits shall be added together. For purposes of determining whether the ten thousand dollar threshold for cumulative expenditures is reached, the expenditures of all such opponents shall be added together. To be eligible for a ten thousand dollar increase in the ceiling, the candidate must have received disclosures pursuant to subsection ( i) which show either cumulative contributions often thousand dollars ($10,000) received by an opponent or opponents who did not accept the ceiling or cumulative expenditures often thousand dollars ($10,000)by such opponent or opponents. Each subsequent increase in the ceiling must be based on amounts disclosed pursuant to subsection ( )which were not counted for purposes of any previous increase in the ceiling. ( Independent expenditures against candidate or on behalf of candidate's opponent. For an election, for a candidate who accepts the voluntary expenditure ceiling, the amount of the voluntary expenditure ceiling specified in subsection (die) shall increase by ten thousand dollars ($10,000) each time a committee or committees make independent expenditures opposing the candidate or supporting his or her opponent(s) in the cumulative amount of ten thousand dollars($10,000) or receive cumulative contributions in the amount of ten thousand dollars($10,000.) For purposes of determining whether the ten thousand dollar threshold for cumulative contributions is reached, the contributions received by all committees making independent expenditures for or against a candidate shall be added together. For purposes of determining whether the ten thousand dollar threshold for cumulative independent expenditures is reached, the independent expenditures of all such committees shall be added together. To be eligible for a ten thousand dollar increase in the ceiling, the candidate must have received disclosures pursuant to subsection (" which show either cumulative contributions of ten thousand dollars ($10,000) received by the committee or committees, or cumulative independent expenditures of ten thousand dollars ($10,000) by the committee or committees. Each subsequent ten thousand dollar increase in the ceiling must be based on amounts disclosed pursuant to subsection (1j) which were not counted for purposes of any previous increase in the ceiling. (fig)Notwithstanding subsections( d), (de) and (e), the amount of the voluntary expenditure ceiling shall not exceed one hundred and sixty thousand dollars ($160,000) in any event. ( h) Notification by candidate who exceeds ceiling. A candidate, other than a candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsections(cd), (de) or( , who receives aggregate contributions exceeding the amount of the expenditure ceiling specified in subsection (be) shall notify the County Clerk-election division both by telephone and guaranteed overnight mail on the day such contributions exceeding that amount are received. A candidate, other than a candidate who has 3 accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsections( d), ( e) or(e), who makes aggregate expenditures exceeding the amount of the expenditure ceiling specified in subsection ( s) shall notify the County Clerk-election division both by telephone and guaranteed overnight mail on the day such expenditures exceeding that amount are made. A candidate who has accepted the voluntary expenditure ceiling and has qualified to incur additional campaign expenditures as specified in subsections( ), (fie), or(ef), who receives aggregate contributions exceeding the amount of the respective ceiling specified in subsections(ed), (ire), or( shall notify the County Clerk-election division both by telephone and guaranteed overnight mail on the day such contributions exceeding that amount are received. A candidate who has accepted the voluntary expenditure ceiling and who makes aggregate expenditures exceeding the amount of the respective ceiling specified in subsections( d), (de) or(ii) shall notify the County Clerk-election division both by telephone and guaranteed overnight mail on the day such expenditures exceeding that amount are made. If the day on which notice is required is not a business day, notice shall be given on the next business day. ( ) Notification by candidate who has not adopted voluntary expenditure ceiling. During the period which is more than twenty(20) days prior to the election, a candidate who has not adopted the voluntary expenditure ceiling shall notify the County Clerk-election division and all opponents running for the same seat, within 72 hours whenever the candidate has either received cumulative contributions, or made cumulative expenditures of ten thousand dollars ($10,000), twenty thousand dollars($20,000), thirty thousand dollars ($30,000) and so on in multiples of ten thousand. The notification shall state either that the candidate has received cumulative contributions, or has made cumulative expenditures of ten thousand dollars($10,000) and so on in multiples of ten thousand. During the period which is twenty days or less before the election, a candidate who has not adopted the voluntary expenditure ceiling shall notify the County Clerk-election division and all opponents running for the same seat, within 24 hours whenever the candidate has either received cumulative contributions, or made cumulative expenditures of three thousand dollars($3,000), six thousand dollars($6,000), nine thousand dollars($9,000) and so on in multiples of three thousand. The notification shall state that the candidate either has received cumulative contributions, or has made cumulative contributions of three thousand dollars ($3,000) and so on in multiples of three thousand. Whenever the candidate has either received contributions or made expenditures in a threshold amount ($10,000 or $3,000), the candidate shall disclose the item(either contributions or expenditures)for which the threshold was reached, but not the other item. When the same threshold is reached for the item not disclosed, the candidate shall not have to disclose that item. All notifications shall be made by facsimile transmission or guaranteed overnight mail. ( ) Notification by committee making independent expenditures. During the period which is more than twenty (20) days prior to the election, any committee which makes independent expenditures in support of or in opposition to any candidate for supervisorial office shall notify the County Clerk-election division and all candidates running for the same seat, within 72 hours whenever the committee has either received cumulative contributions, or made 4 cumulative expenditures of ten thousand dollars ($10,000), twenty thousand dollars($20,000), thirty thousand dollars($30,000)and so on in multiples of ten thousand. The notification shall state either that the committee has received cumulative contributions, or has made cumulative expenditures of ten thousand dollars($10,000) and so on in multiples of ten thousand. During the period which is twenty days or less before the election, a committee making independent expenditures for or against supervisorial candidates shall notify the County Clerk-elective division and all candidates running for the same seat, within 24 hours whenever the committee has either received cumulative contributions, or made cumulative expenditures of three thousand dollars ($3,000), six thousand dollars ($6,000), nine thousand dollars ($9,000) and so on in multiples of three thousand dollars($3,000). The notification shall state that the committee either has received cumulative contributions, or has made cumulative contributions of three thousand dollars ($3,000) anal so on in multiples of three thousand. Whenever the committee has either received contributions or made expenditures in a threshold amount ($10,000 or$3,000), the committee shall disclose the item (either contributions or expenditures) for which the threshold was reached, but not the other item. When the same threshold is reached for the item not disclosed, the committee shall not have to disclose that item. For purposes of this subsection, "cumulative contributions" as used herein means all contributions received as to any supervisorial candidate. As used in this subsection, "cumulative expenditures" means all expenditures made as to any supervisorial candidate. All notifications shall be made by facsimile transmission or guaranteed overnight mail. (jk) Exclusions. For purposes of this Article, expenditures(see California Government Code section 82025) subject to the expenditure ceiling do not include: (1) expenditures for campaigns for other offices; (2) expenditures for campaigns for the office of Supervisor which occurred prior to the effective date of this ordinance; (3) expenditures for office holder expenses. "Office holder expenses" means those tlatct:to<z�ssistig, sig,or cornmunca#ug x #h:;c±onstttu+ ts,vr;±vt :fig a s a the IX- .... c . "Office holder expenses" include but are not limited to, (a) donations to charitable organizations; the cost of postage, office supplies, stationary and similar expenses related to the conduct or performance of the office holder's governmental duties;(c)'reasonable expenses for travel to conferences, seminars, educational events and similar activities related to the office holder's position; the cost of books or publications reasonably related to the office holder's position; ( litigation expenses related to the office holder's actions as a supervisor. The expenses listed in items(a)through( } shall not be considered "office holder expenses" if they are used in connection with any office holder's campaign for a future term of office as a Supervisor. (4)Repayment of debt itself during the ninety day period following the election. ( )Adoption of expenditure ceiling irrevocable. A candidate who adopts the expenditure ceiling for a particular primary election, may not thereafter revoke his or her adoption 5 of the expenditure ceiling as to that election. A candidate who is not elected to office in the primary election, enters the runoff election, and adopts the expenditure ceiling for the general election, may not thereafter revoke his or her adoption of the expenditure ceiling as to that election. (Ords. 97- §4, 96-24, 95-47, 95-35; 95-8.) SECTION V. Section 530-2.802 is amended to read: 530-2.802 Candidate and committee reports. (a)Each candidate, each committee supporting or opposing a candidate for county office, each committee supporting or opposing a local ballot measure.which is being voted on only in Contra Costa and each county general purpose committee which supports or opposes candidates for county office or local ballot measures being voted ononly in Contra Costa County, shall file a campaign statement in the county clerk-election division office, on every date a statement is required by the Political Reform Act covering the same time period as the statement filed pursuant to state law and two i t e additional statements. The fiFst addifienal statement shall be filed b stmement filed and twelve midnigh! ef the eighth day befeFe the . The seeend additional statement shall be filed by twelve noon on the last Friday before the election covering the period between the previous statement filed and twelve midnight of the last Thursday before the election. These additional filings must be timely received by the filing officer and afe is not accomplished by deposit in the mail. ThesC` 115 statements shall include, in addition to all matters required by this section, the same disclosures required for the last campaign statement before the election by the Political Reform Act. (b)Each committee supporting or opposing the qualification of a local ballot measure to be voted on only in Contra Costa County shall file in the county clerk-election division office a statement of organization and a campaign statement on every date such statements are required by the Political Reform Act covering the same time period as the statement filed pursuant to state law, t-he1 additional campaign statements on the fifth day after filing the statement of organization and the fifth day of every month thereafter until petitions are filed or the deadline for filing petitions, whichever is earlier. The closing date for the period covered by an additional campaign statement shall be five days prior to the deadline for filing the statement. (c) In addition to campaign statements, each candidate, each county general purpose committee, and each committee supporting or opposing a candidate for county office or the qualification or passage of a local ballot measure which is being voted on only in Contra Costa County, which makes independent expenditures for or against any candidate for county office or for or against the qualification of, or passage of any local ballot measure, shall file an independent expenditure report in the county clerk-election division office, on every date a report is required by the Political Reform Act covering the same time period as the report filed pursuant to state law, and tive rie additional reports. 6 4 I the seventh do befer-e the eleefien eeYer-ing the peried between the pr- filed and- The seeend additional report shall be filed by twelve noon on the last Friday before the election covering the period between the previous report filed and twelve midnight of the last Thursday before the election. These 'Is filings must be timely received by the filing officer and e&e is not accomplished by deposit in the mail. Each independent expenditure report shall contain the same disclosure required by Government Code section 84203.5(b). (Ords. 97- §5, 95-8, 92-9, 92-1, 91-10, 84-15, 84-9). SECTION VI. Section 530-2.804 is amended to read: 530-2.804 Campaign statement. Each county campaign statement required to be filed by candidates for county office, county general purpose committees, committees supporting or opposing a candidate for county office, or committees supporting or opposing the qualification of, or passage of, a local ballot measure which is being voted on only in Contra Costa County shall contain: (1)(a) The total amount of all contributions received during the period covered by the campaign statement that equaled twenty-five dollars, or more, and (b) the total of all contributions of less than that amount. ................ (2) If the cumulative amount of contributions dUFifig the eler.4ienC'E from a person is more than twenty-five dollars and less than one hundred dollars and a contribution has been received from that person during the period covered by the campaign statement, the statement shall me n-deice spe fy1 dad©r:s name d ddr+essF :t e ;I + amount and type of each contribution, such as monetary or nonmonetary(in-kind contribution). In the case of in-kind contributions, the fair market value shall be reported. If the value is unknown, a written valuation shall be obtained from the donor and this valuation reported. ................ (3) If the cumulative amount of contributions �` from a person is one hundred dollars or more and a contribution has been received from that person during the period covered by the campaign statement, the statement shall contain the same disclosures required by Government Code section 84211 , (4) The statement shall contain the same disclosures of expenditures required by Government Code section 84211 (i), 6); , (6.$) In the case of campaign statements filed by a committee, other than a candidate-controlled committee, the statement shall contain the full name, and street address of any person or persons who direct or control the contributions or expenditures made by the committee. (3 6) Candidates and committees need not duplicate any reports of contributions, loans or expenditures required by state law but may certify that reports made pursuant to this section are in addition to those made pursuant to this section are in addition to those made pursuant to state law. 7 (Ords. 97- §6, 95-8, 92-9, 92-1, 91-10, 84-9). SECTION VII. Section 530-2.902 is amended to read: 530-2.902 Disclosure of Contributors to Independent Expenditure Committees. ( )Any committee that makes, during the calendar year in which the election is held, more than lee-thousand dollars($1, >$3;A99) in independent expenditures for or against a _ _ ........................................................................................................................................... candidate for county office orore that eve thvund dllrs($S€ 0)updE ................................. Ox 3iesfor or against the qualification, or passage, of a local ballot measure being voted on only in this county shall list the following information in a clear and legible manner on the bottom one-third of the front page of an mass mailin ent _.. .._ _ . P 8 Y 8.; e�tv�r.ed.;tc�resdencesy ani mens ............................................................. b the committee in the election for which the independent expenditures tnctu���g handdet�very�; Y P P were made. ................................................ The narnesand ocupatcrns 0:5.q.dvuals d th ;rames and bustnss interes#s _...: __ ..:... ts#` ton»dv�duals, of the ve:Largest'ccm utars t©aha comitt�ee iut'tt�g i helve tportt .s pi ng a most rete itt�r passed campaign rLpC�t ng t?OM:— :�i$ted in order�►f tie aunt O f _.... ................................. G ..nutns4t . j .......... . .......... If two©r mare of tl7e largest contnbutors have contributed tie A%%%::%% ant.0 they etaalt be tasted accoid ng to rh onal g ea equ ace o►f iatt ti ;The disclosure shall read: "Major funding by (name and occupation or business interest)" . In the case of contributions from committees, the disclosure shall read: "Major funding by: (name of committee); Expenditures directed by: (name and occupation or business interest of persons or non-individuals who direct or control the expenditures of the committee)"; and (2) If the committee has received at least one third of its total contributions during the twelve months preceding the most recently passed campaign reporting period from large out- .............................................................................. ............................................................................. of-county contributor(s), th�wh±oJe:tap vine third of the disclosure shall state"Major funding from large out-of-county contributors." "Large out-of-county contributors" means a) those contributors who either are not residents of the county or do not have a principal place of business in the county and b)whose cumulative contributions to the committee are fiye hundred ........... .......... dellar-s`$ttJ :or more for the twelve month period preceding the most recently passed campaign reporting period. (b)<V hen;mikii g the drsc osures r equved; n sut section(aj: t),tt oma» e:n t a se r t#a same ape Aze f©rail tyords i!i that dlsctvsur when rna ng thE:displospres r �r� m. s+ tr ` a2 , tie ramirutee xrst sibe she type sizer��r vs►c�rs art bat dclstre et and rgt and top aid bottom mergnsf the diselasurea malt oatxci ane+ C ntcl;` spa ce, tween tines Qf type shat oat die mare Than floe half©fthe type side The cmitt irist.hsteach:crttribtitor.on, new; ne The eomintt .shall use thhatta�n:one»thirdf the ..... pig of the mass wiling solei�Eor the pur .0 �f making the r iscl�suYc UW. .411 .................................... secoa'; :::...::..::::::.:::.::::..::: ... (C;)I;Or purposes flf this 8 1©n X. .0 t page"shall mead the nvelo pag yr:.p 8 `e :..address iss or.in the case un ddressed 3ternrns am t uts p panel (aM This section does not apply to communications from an organization to its members. (Ord. 97- §7; 95-5.) SECTION VIII. EFFECTIVE DATE, This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the , a newspaper published in this County. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the. Board and County Administrator By: Deputy Board Chair [SEAL] A:\jtcmte-d-12-97.wpd 9 Request to Speak Form �-3 ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' rostrum before addressing the Board. Name: �� /�� �� �`1 1 ��-- phone: �2� - ,� �o/ Address: y ®tic' /<- 1 am speaking for myself-��'or or ,anlrasm. dame Of oraantzatWo ECK I wish to on Item speak Agenda �„� dater MY corful s will be: general _for_aga nd 1 wish to speak on the Khjecrt I do not wish to speak but leave ffiese comments for the Board to consider: Request to Speak ForM6) 0. 3 � p,q ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name; Rei W G Veens-�dc&,/ phone: 2 Z fr-.Cv�l Addrem-, /-(6Z- A ti wovzt Dr., 1 am speaking for myself,_or GYQem AV► v j rj,� Corfq om me of o�,antutioN ONE: 1 wish to speak on Agenda item # D3 Dat 12- A My comments wilt be; generaf 1 wish to speak on the WWect of do not wish to speak but leave these oomrnents for the Board tocam . Request to Speak For ( THREE (3) MINUTE LIMIT Complete this form and place It in the box near the speakers' rostrum before addressing the Board Name: Phone: 93 7 /VO�o Address: as Ckr I am speaking for myself_or organization: o IsadtioN CH! NNE _ I wish to speak on Agenda flan C3 Oatw My com C®, 9V= will be: general _for,_agai I wish to speak on the subject of .: _ t do not wish to speak but leave these comrnents for the Board to consider: