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HomeMy WebLinkAboutMINUTES - 12142004 - D2 D»2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adaptec! this Order on December 14 2004, by the following vote: AYES. Supervisors Gioia, Uilkema, Greenberg, and DeSaulnier ABSENT: Federal D. Glover ABSTAIN: bone SUBJECT: CONTINUED TO JANUARY 11, 2004 TO CONSIDER creation of a Voluntary Fair Campaign Program for Independent Expenditures and the establishment of a County Ethics Commission. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: DECEMBER 14 2004 John Sweeten, Clerk of the Board Of Supervisors and County Administrator 11 ,t r f. By ! Deputy Clerk TO: BOARD OF SUPERVISORS FROM: Supervisor Mark.DeSaulnier Contra Costa DATE: December 14, 20014 _ COL2rIty SUBJECT: Creation of a Voluntary Fair Campaign Program for Independent Expenditures and the Establishment of a County Ethics Commission SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION ACKNOWLEDGE the successful operation of ethics commissions in the City and County of San Francisco,and the cities of Oakland, Los Angeles, and Burbank, as well as the State of California. REFER.the following items for consideration to the Internal Operations Committee as part of their ongoing discussion of a proposed lobbying ordinance. REFER to the Internal Operations Committee the creation of a seven(7)member Ethics Commission;one(1)to be appointed by each member of the Board of Supervisors:two(2) additional members to be nominated by the Internal Operations Committee. Terms will be staggered and positions Dept from running concurrent with Board members' terms. Members shall not have any financial interest that might come before the Board of Supervisors. The Commission*will oversee and make recommendations to the Board on all campaign related ordinances including the Lobbyist Ordinance and Voluntary Fair Campaign Pledges for candidates and independent expenditures. Commission would develop a clean campaigns program similar to that of the Rochester,New York's League of Women Voters(attached). The Internal Operations Committee of the Board of Supervisors would consider the development of a voluntary Fair Campaign Pledge for all major contributors to independent expenditure committees and for all filers, similar to the Candidates' Fair Campaign Pledge. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGMA S ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE I N.4NIhI0 5 (ABSENT___________) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: _ .AND ENTERED ON THE MINUTES OF THE BOARD ABSENT-_ _, ABSTAIN:-- OF SC;PERVISORS ON THE DATE SHOW;w. ATTESTED _ JOHN SWEETEN,CLERK OF THE BOARD OF FISCAL IMPACT—None. All programs must be self-supporting BACKGROUND: National polls continue to show voters' deep concern over the influence of special interests in our democratic process. Contra Costa as a leader in open government should consider our opportunity to increase transparency in all our activities. Independent campaign expenditure groups proliferated during the recent campaign season. In light of these activities and the potential impact of these expenditures, it is only reasonable that there be significant concern about the responsible conduct of future election activities. There is a period now, before the next election cycle to review and discuss a reasonable voluntary program for positive campaigning. r A (� S t.7 i t yy^.r� +y .t� iJ t E I� Ni I S�i` Fp H 1. �1 4 F IdC L L r C 4 1 4� L J f J kms 't N#w ;A M T'he LMAb is-Xions aiLm s.Luid� Mctiow MOO MMgg Ls Guj& POSITIVE CAMPAIGNS i FAIR CAMPAIGN PLEDGES I SAFEGUARDS "PROJECT POSITIVE CAMPAIGNING" from the League of Women Voters, Rochester/MetropolitanArea May 2000 The Project Positive Campaigning Committee, League of Women Voters, Rochester/Metropolitan Area, came into existence in January, 1995, in response to the negative campaigning that preceded the 1994 election. Since its formation, the Committee's members have worked to promote positive political campaigning and, at the same time, to encourage active participation of voters in the political process. Advice from an advertising agency and support from cosponsoring groups in the community helped the Committee mount its first publicity campaign. The goals of this campaign were; to convince candidates that voters are entitled to positive political campaigns and to convince voters to rebuke candidates who are not acting in accordance with this entitlement. Since 1995, the work of the PPC Committee promulgates the message of positive campaigning. The Committee, along with The Interfaith Alliance, sponsors the annual Candidates' Pair Campaign Pledge-Signing Ceremony held at the Monroe County Office Building. Public Service Announcements (produced for the Committee) on the subject of positive political campaigning are aired on radio. The Committee has published thousands of brochures, buttons, bookmarks, bumper stickers, each advertising the message of positive campaigning. Signs with this message decimated Rochester's buses during the 1995-1998 fall elections. Committee members are guests on radio and television talk shy end make presentations to community groups and high school classrooms. In 1998, the PPC Committee produced a 20-minute video entitled YOU CAN VOTE SMARTER. The video comprises television advertisements of real political candidates in recent elections. A discussion guide accompanies the video. Video and guide are designed particularly for middle and high school students. On October 4, 1999, the Committee premiered its latest, arra most exciting, project. KEEP IT CLEAN! is a 30-second television ad produced in conjunction with Saphar &Associates, Inc., a public relations and marketing communications agency, and Post Central, a production company. Saphar donated its services to create and direct the ad. In August, PPC received grant money, $15,000, from Rochester Area http://www.lxvvnj,org/faircanipaigns.htmi 12/812044 M K DE 4'.h!UL!,,IIEF ;'� y 4., " 0f5 Community Foundation; the grant enabled PPC to purchase broadcast time on the major network channels and Time Warner before the 1999 November election. The striking visuals and forceful message of Keep It Glean! draw voters' attention to the subject of positi Dec .120411. 4 +IpM ,�Y, t, �( �t fi, a�� L_ �AUl�N R' P1 ,'. of discuss the issues and participate in fair public debate with respect to my views and qualifications. I will not engage in, nor permit defamatory attack upon, the character of my opponent(s) nor shall I engage in unwarranted invasions of personal privacy unrelated to campaign issues. I snail not appeal to, and I shall condemn appeals to, prejudice based on race, Creed, sex, sexual orientation, national origin, or political affiliation. I will not permit the use of any campaign material or advertisement which misrepresents, distorts, or otherwise falsifies the facts regarding my record or that of any other candidate. Finally, I will publicly repudiate support deriving from any individual or group whose activities would violate this Fair Campaign Practices Pledge. In signing this pledge, I assume personal control and responsibility for the conduct of my campaign AFEGU RDS IIS! USING THE PLEDGE from Eleanor Revelle, LWVUS Board August f, 19,98 Enforcing a Fair Campaign Pledge is hazardous ground for the league, which must avoidbeing seen as supporting or opposing any candidate. In my view, the best role for the League is to help citizens hold candidates accountable for their actions. 1) The legal implications for involvement in a campaign conduct project are very different for an organization designated by the IRs as a 501(c)(3) organization (e.g. an education fund)and for one that is classified as a 509(c)(4) organization (e.g. a state or local League). A 501(c)(3) organization is absolutely prohibited from participating in any activity that could be seen as directly or indirectly benefiting one candidate over another. The IRS has interpreted this prohibition on "electioneering" so broadly that even unforeseen, unintended benefits resulting from activities that are strictly nonpartisan could cause the organization to lose its tax exempt status. Asking a candidate to sign a campaign code of conduct, publicizing the names of candidates who have signed, or not signed, a campaign pledge, and monitoring or reporting on whether candidates are honoring a campaign pledge are all activities that could be interpreted as intervening in an election and are therefore inappropriate for a 501(c)(3) organization. http://NvNv-.v.]Nvvnj.org/faircampaigns.htmt 12/8/2004 C c %OU`i4i1 2'11P SiUPEF\/IS')r MARK DE SAlii.NIEF PxP ' 51csf5 2)As 501(c)(4) organizations, state and local Leagues are not bound by this prohibition on electioneering and may undertake campaign conduct projects -with caution. Both 501(c)(4) Leagues and 501(c)(3) Ed Funds are stewards of the League's nonpartisan reputation. State or local leagues that make use of campaign pledges, therefore, will want to structure their projects very carefully to avoid being seen as supporting or opposing any candidate(s). In addition, Leagues should ensure that no Ed Fund money is used for these projects. 3) There are some campaign cede-related activities that are appropriate for bath 501(c)(3) and 501(c)(4) organizations. These include drafting a code of conduct, fostering public awareness of the code, encouraging citizens to hold candidates accountable for their campaign conduct, and making a general call to all candidates to consider the code in their daily campaigning. (The Rochester, NY League's Project Positive Campaigning puts this kind of emphasis on engaging citizens in promoting fair, issue-oriented campaigns.) 4)The legal and public relations issues involved in a campaign code project are considerable. Any league that is contemplating such a project is strongly advised to consult with an attorney who is knowledgeable in the area of election and tax law. 0 & A on Fair Campaign Pledges Q: May our League Education Fund draft a code of conduct, publicize the code, encourage citizens to hold candidates accountable for their campaign conduct, and make a general call to all candidates to consider the code in their daily campaigning? A: Yes, those would all be appropriate activities for a League Education Fund, but it cannot ask candidates to sign a pledge to fallow the code of conduct or tape any action if a candidate violates the cede. The LWVEF board was advised several years ago that asking candidates to sign a code of conduct or publishing information about whether candidates did, or did not, sign such a code could be interpreted as intervening in an election. A 501(c)(3) organization, such as a League Education Fund, is prohibited absolutely from participating in such activities. Legal guidelines developed by the Alliance for Better Campaigns echo this position, noting that a 501(c)(3) organization "may never publicize, compare, criticize, praise, complement, or otherwise comment on individual candidates who have or have not signed a code of conduct. . . [it] may not assess or report on whether candidates are honoring the code, likewise, it may not publicize the charges of other candidates or members of the public or any candidate's response to charges of violation." 0: Could the League itself ask the candidates to sign the pledge and publicize the names of hose who do sign the pledge"? A: A 501(c)(4) entity like a state or local League is not bound by the IRS http://www.iwvnj.org/fairearnpaigns.html 12/8/2004 D.2 ADDENDUM TO D.2 DECEMBER 14,2004 On this day the Beard considered creation of a Voluntary Fair Campaign Program for Independent Expenditures and the establishment of a County Ethics Commission. The Board requested the opinion of the public,but there were no speakers. Supervisor Millie Greenberg suggested the Board tape a look at the current campaign expenditure ordinance, and commented on a great disparity among the number of registered voters in each of the five districts. She also suggested the Press be included in this discussion. Supervisor John Gioia expressed his concern on the expenditure ceiling for candidates and stated the$95,000 expenditure limit was too low, and that rather having the candidate spend the money, it would force the expenditures into the Independent Expenditure Committees; therefore raising the expenditure ceiling for candidates would protect this from happening again. Supervisor Mark DeSaulnier recommended having these discussions at the Internal Operations Committee meeting, and that the issue be brought back with a series of recommendations to reform the electoral process in Contra Costa County,which would include some form of a lobbying ordinance. Supervisor Mark DeSaulnier further suggested after the Internal Operations Committee reviews this,the proposed Ethics Commission would look at it after elections, and say whether or not independent expenditures were contradictory to the Fair Campaign Pledge. It was the consensus of the Board to continue this matter to January 11, 2004 at the request of the Chair, Supervisor Federal D. Clover. After further discussion Supervisor Mark DeSaulnier referred the following items for consideration to the Internal Operations Committee as part of their ongoing discussion of a proposed lobbying ordinance.