HomeMy WebLinkAboutMINUTES - 01112005 - D5 TO: BOARD OF SUPERVISORS
• �� Contra
FROM: Supervisor Mark DeSaulnier f`it .. •,
Costa
DATE: January 115 2005
County
SUBJECT: Creation of a Voluntary Fair Campaign
Program for Independent Expenditures and the Establishment of a County
Ethics Commission
SPECIFIC REQUEST(S)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 kept 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: �,Mgt,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO N OF BOARD COMMITTEE
APPROVE OTHER
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS -
/�W(- /J I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED V! V
JOHN SWEETEN,CLERK OF TI1rAOARD Olt
�, t ERVISORS AND COUNTY ADMIN TRATOR
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Contact: BY / - DEPUTY
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FISC A I,IMPAC-71—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.
ADDENDUM TO
D.5 JANUARY 11, 2005
On this day the Board considered creation of a Voluntary Fair Campaign Program for
Independent Expenditures and the establishment of a County Ethics Commission.
Supervisor Gayle B. Uilkema invited the public to speak. There was no public comment.
Supervisor Mark DeSaulnier suggested the Internal Operations Committee
simultaneously consider the creation of a Campaign Pledge and an Ethics Commission,
and the Lobbying Ordinances.
As a matter of background,Mary Ann Mason of County Counsel noted that several years
ago Supervisor Rogers proposed major revisions to the Ordinance No. 96-48, including a
pledge that members of the Board not engage in certain kinds of conduct,but that section
of the Ordinance was repealed and currently there is no pledge of that nature addressing
campaign conduct.
❑ Refer the Ethics Commission and the Fair Campaign Pledge concurrently to
the Internal Operations Committee
❑ As participants of the Finance Committee, Supervisors John Gioia and Mary
N.Piepho will review and streamline where possible the County's existing campaign
finance rules, and refer those findings back to the Internal Operations Committee.
❑ Internal Operations should also refer its findings to the Finance Committee
for evaluation, after which the Internal Operations Committee will bring the
resultant findings back to the Board.
The motion passed by unanimous vote with all Supervisors present.
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POSITIVE CAMPAIGNS 1 FAIR CAMPAIGN PLEDGES I SAFEGUARDS
"PROJEC T 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' Fair 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 decorated Rochester's buses during the 1996-1998 fall elections.
Committee members are guests on radio and television talk sh -nd 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, and 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
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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 Clean! draw voters" attention to
the subject of positive campaigning
Looking ahead to the 2000 election, PPC members will ask broadcasters in the
Rochester area to show the ad as a PSA before the 2000 election. In May, letters
were sent from New York State League to 130 or so network and cable stations in
New York State. The letter, containing personal endorsements of the ad and news
about the Telly Award, encourages broadcasters around the state to show the ad
before November's election. A VHS copy of the ad was enclosed with each letter. A
radio version of the ad will be completed in May 2000.
As the 2000 election season moves forward, the Committee calls again upon
candidates to commit themselves to fair campaign tactics and appeals again to
voters to reject negative campaign tactics. Voters benefit when candidates discuss
the issues rather than engage in personal attacks. Negative campaign tactics hold
voters back from the truth and turn voters off to voting. Negative campaign tactics
damage the election process and, ultimately, our democratic system of
government.
Contact: Shirley Eberly
Rochester Metro's Project Positive Campaign products are available
through the NY League office: phone: 518-465-4162, fax: 518-465-
0812, e-mail: lwvny@lwvny.org, website: www.lwvny.org
"Clean It Up..-Keep It Clean" video with dramatic 10 & 30 second
television ads are $25 for members, $35 for non-members for VCR
tape/$75/$85 for 3/4 inch tape.
You CAN Vote Smarter" 20 min Video and Discussion Guide is $25/$35
for non-members
Positive Campaign Brochure is $.151$.25
"Support Positive Campaigns" Buttons are $11$2
"Support Positive Campaigns With Your Vote"
"The League of Women Voters" Bumper stickers are $1/$2
"Support Positive Campaigns with your Vote" bookmarks are $'11$2
A SAMPLE FAIR CAMPAIGN PRACTICES PLEDGE
I pledge to conduct my campaign for public office openly and fairly. I will
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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 shall 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
SAFEGUARDS IN USING THE PLEDGE
from Eleanor Revelie, LWVUS Board
August 1, 19,98
Enforcing a Fair Campaign Pledge is hazardous ground for the League, which must
avoid being 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
o,
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 501(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.
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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 code-related activities that are appropriate for both
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.
Q & 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 follow the code of conduct or take any
action if a candidate violates the c*de. 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 those who do sign the pledge?
A: A 501(c)(4) entity like a state or local League is not bound by the IRS
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• CONTINUE this matter to January 11, 2005 with all comments from the Board
Members;
o REFER to the Internal Operations Committee the creation of a seven (7) member
Ethics Commission; (1) to be appointed by each member of the Board of
Supervisors, (2)additional members to be nominated by the Internal Operations
Committee. Terms to be staggered and positions kept from running concurrent
with Board members'terms;
• Members shall not have any financial interest that might come before the Board
of Supervisors;
• The Ethics 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;
The Ethics Commission would develop a clean campaign 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.
The vote on the motion was as follows:
Ayes: Supervisors Gioia,Uilkema, Greenberg and DeSaulnier
Noes: None
Absent: Supervisor Federal d. Glover
Abstain:None