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HomeMy WebLinkAboutMINUTES - 02071984 - T.3 � 3 , F THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 7, 1984 , by the following vote: AYES: NOES: Motes are reflected in the body of the Order ABSENT: ABSTAIN: SUBJECT: CAMPAIGN REFORM ORDINANCE The Board on January 17, 1984 having directed County Counsel to return to the Board with a revised Campaign Reform Ordinance; and County Counsel having submitted a proposed ordinance with a memorandum dated February 3, 1984; and T. J. Nelson having submitted some written suggestions for improving the language of the ordinance, and having requested clarification as to whether the ordinance applies only to members of the Board of Supervisors or to all county offices; and Lon Underwood, Assistant County Registrar, having clarified that the ordinance before the Board applies to all county offices based on a meeting of the Ad Hoc Committee held February 2, 1984; and George Prall and Barbara Kendall having objected that copies of the ordinance were not available for review by members of the public prior to the Board meeting, but having urged that the Board adopt an ordinance immediately; and Leslie Stewart, on behalf of the League of Women Voters, having submitted written comments urging that an ordinance be adopted; and Mr. Underwood having clarified that the County Clerk cannot establish a fine for violation of the ordinance because only the Board of Supervisors can do so; and Board Members having raised questions regarding whether third party or uncontrolled committees can be required to submit campaign materials for prior approval , or whether the Board could at least require that such materials be filed with the County Clerk at the time they are published; and County Counsel having suggested that these requirements raise constitu- tional issues, and having recommended that such provisions not be included in the ordinance at this time; and The Board having ordered that Mr. Nelson' s written suggestions be referred to County Counsel and the Assistant County Registrar for report back to the Board at the time the ordinance receives its second reading; and Supervisor Schroder having expressed concern about including other elected county officials in the ordinance since the ordinance had not been shared with them in advance; and Mr. Underwood having noted that he delivered the ordinance to each affected official on February 6, 1984; and Supervisor Powers having suggested that there is no need to include offices other than members of the Board of Supervisors; and Supervisor Schroder having suggested that the Board is trying to start a movement which will encourage city councils, and other elected bodies both locally and statewide, to adopt similar ordinances; and 292 2 - Supervisor Powers having moved to waive reading and adopt on an urgency basis an ordinance adding Article 530- 2 .6 , Candidates Fair Campaign Pledge , to the Ordinance Code, in order to allow its provisions to apply to the next election ; and Supervisor McPeak having seconded the motion; The motion was APPROVED UNANIMOUSLY; and Supervisor Powers having moved adoption of an ordinance on campaign disclosure consisting of Section 530-2 . 804 in the version of the ordinance submitted by County Counsel ; and Supervisor McPeak having seconded the motion; The motion was APPROVED TTNANIMOTTSLY; and Supervisor McPeak having moved to waive reading of the ordinance submitted by County Counsel ; The motion was APPROVED UNANIMOUSLY ; and Supervisor McPeak having moved to introduce the entire Campaign Reform Ordinance as submitted by County Counsel ; and Supervisor Schroder having seconded the motion; and Supervisor Fanden having indicated she was opposed to the ordinance because of the $ 500 individual campaign con- tribution limit which she believes is too high ; and Supervisor Powers having indicated that because of the contribution limit the ordinance will not accomplish anything and is simply a paperwork burden on candidates ; and Supervisor Schroder having indicated. that he is opposed to the $15 ,000 aggregate limit on contributions from Political Action Committees , believing that that figure is far too high , but that he will vote in favor of the ordinance despite his concerns ; and Supervisor Torlakson having indicated he would vote for the ordinance , but would prefer lower individual contribution limits , as reflected in his earlier votes on motions for a $250 limit and a $350 limit , neither of which carried ; and Supervisor McPeak having noted that she believes that the Board is finally at the point of adopting the ordinance ; IT IS BY THE BOARD ORDERED that said ordinance is introduced and February 14 , 1984 is set for the adoption of same . The foregoing order was passed by the following vote : AYES: Supervisors Schroder, McPeak, Torlakson NOES: Supervisors Powers , Fabden I hereby certify chat this is a true and correct copy of an ection taken and entered on the m1nutes of the Board of Supervisors on the dete shcv:n. ATTESTED: % /fiv cc: County Administrator dr J, , Ol.SS�Td, COUNTY CLERKCounty Counsel Elections Department and eu cfficlo Cicrk of the Board By �`t�.� Deputy 293 ORDINANCE 84- 5 (Election Campaign Reform; Urgency) 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. "Division 530 - Election Campaign Ordinance" , Article 530-2 . 6 is added to the County Ordinance Code to read: ARTICLE 530-2 . 6 CANDIDATE' S FAIR CAMPAIGN PLEDGE 530-2. 602 Pledge. The County Clerk when he issues the Declaration of Candidacy, shall also issue to each candidate for county office, a form for a voluntary campaign pledge which shall read as follows : Fair Campaign Pledge 1 . I shall conduct my campaign for County Office openly and fairly. 2 . I shall discuss the issues and participate in fair debate with respect to my views and qualifications. 3. I shall not engage in, or permit, defamatory attacks on the character of my opponents; nor shall I engage in unwarranted invasions of personal privacy unrelated to campaign issues. 4 . I shall not at any time use or permit the use of any campaign material or advertisement which misrepresents , distorts, or otherwise falsifies the facts regarding any candidate or the candidate' s position on issues. 5. I shall clearly identify myself, or my campaign commit= tee (s) , as the sender of all of my campaign mailings.. 6. I shall personally approve in writing all of my campaign material, advertisements, or mailings, prior to their use. 7. I shall publicly repudiate support derived from any individual or group whose activities would violate this Fair Campaign pledge. 8 . I shall file all campaign statements as required by the California Political Reform Act and the Contra Costa County Election Campaign Ordinance, on time and with full disclosure of campaign contributions and expenditures. 9. I shall not duplicate or use any lists of contributors filed by any other candidates for the purpose of compiling my own mailing lists without the permission of the other candidate. ORDINANCE NO. 84-5 294 10 . I, the undersigned candidate for election to a County Office in the County of Contra Costa, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices. Date Signature Please print name, office sought, and date of election (Ord. 84- 5 . ) 530-2 . 604 Voluntary Pledge. Each candidate may choose to sign or not sign the campaign pledge. 530-2. 606. Filing. Any candidate may file the pledge with his Declaration for Candidacy. (Ord. 84- 5 530-2 . 608 . Clerk' s Duties. At the close of the nomination period for County Office, the County Clerk shall issue a general press release stating the name of each candidate for County Office who has , and who has not, subscribed to the Pledge of Fair Campaign Practices. (Ord. 84- 5 . ) SECTION II . URGENCY. This ordinance is for the immediate preservation of the public peace, health and safety within the meaning of Government Code §25123 and Elections Code Section 3751. Passage as an urgency measure will allow the provisions to apply to the next election. SECTION III. SEVERABILITY. This Board declares that, if the urgency nature of this ordinance is invalidated, it intends SECTION I to remain valid and effective and that it would have passed SECTION I even without the urgency provisions . Therefore, the Board directs that this ordinance be treated and published, effective and operative, as both an urgency and a non-urgency ordinance as provided in SECTION IV. SECTION IV. EFFECTIVE and OPERATIVE DATES. As an urgency ordinance, this ordinance becomes effective and operative immediately on intro- duction and passage. As a non-urgency ordinance, it becomes effective 30 days after passage (on second reading) , and within 15 days of passage shall be published once : with the names of super visors voting for and against it in the CONTRA COSTA TIMES a newspaper published in this County. PASSED on February 7, 1984 by the following vote : AYES: Supervisors - Powers, Fanden., Schroder, "'cpeak, Torlakson. NOES: Supervisors - None. ABSENT: Supervisors - None. ATTEST: J.R.Olsson, County Clerk & ex officio Clerk of the Board �or✓r �� ` Chairman of the Boar B Deputy Diana M. Herman [SEAL] 295 oRDIt,p,:CF ^i0. 84-5 i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 7, 1984 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak, Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: CAMPAIGN REFORM ORDINANCE The Board earlier in the day having introduced a Campaign Reform Ordinance without certain provisions which require additional legal research; IT IS BY THE BOARD ORDERED that County Counsel and the Assistant County Registrar are to determine the extent to which the Board has the authority to require advance disclosure or filing with the County Clerk at the time campaign materials are published by third party or uncontrolled committees, and that they are further ordered to determine the extent to which the Board can require that a campaign contributor' s statement be required to reveal the nature of business conducted by a contributor' s employer in cases where the name of the company alone does not clearly indicate the nature of its business, and return to the Board with a report on these subjects. I hereby certify that this Is a true and correct copy of an action taken and entered cir.the :-: u:ae of the Board of Super0sors on tao Izt� ATTESTED: %-?-AA- � J.R. OLSSON, COUN "Y CLERK and ex officio Cltrk of the Board By 6t' J� Deputy Orig. Dept.: County Administrator cc: County Counsel Assistant County Registrar 2,96 At 1:45-p.m. the Board recessed to meet in Closed Session in the James P. Kenny Conference Room, room 105, County Administration Building, Martinez, CA to discuss litigation, personnel and labor negotiations. At 3 : 00 p.m. the Board reconvened in its Chambers and proceeded with the scheduled hearings.