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HomeMy WebLinkAboutMINUTES - 04031990 - T.1 T. 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April- 3 , 1990 , by the following vote: AYES: Supervisors Powers , Schroder, Torlakson, Fanden NOES: None ABSENT: Supervisor McPeak SUBJECT: In the Matter of Adoption) of a Policy for Sale of ) Data Processing Election ) Registration Information ) The Board of Supervisors having been advised by the County Administrator that an increasing number of requests are being received from non-governmental agencies for the use of the County' s Election registration data processing tapes , and that in accordance with State regulations which .provide procedures for the sale of such tapes , the Election Division of the Office of the County Clerk-Re- corder has developed procedural requirements for the sale of such tapes and the County Administrator having recommended that such requirements be adopted as Board Policy; IT IS BY THIS BOARD RESOLVED THAT, in accordance with Calif- ornia Administrative Code , Sections 19001 through 19009 , that the County Clerk-Recorder of the County of Contra Costa be hereby authorized to prepare and sell copies of reels of electronic data processing tape of the Election Registration Master File at those times deemed necessary by the County Clerk-Recorder upon the follow- ing conditions : A. That the County Clerk-Recorder has first determined that the preparation and furnishing of a copy of such tapes will not disrupt the functioning of the Election Division of the Office of the County Clerk- Recorder. If it is so determined that such additional workload cannot be accomplished without disrupting normal County operations , the County reserves the right to refuse the application and shall refer the applicant to the Secretary of State to acquire such registration information. B. That there has been filed with the County Clerk-Recorder a completed application in the form shown in attached Exhibit A which, among other things , requires assurances relating to the used of such materials obtained. C, There has been paid to the County Clerk-Recorder at the time of submitting the application the amount of $250 for each complete set of tapes . D. That the applicant shall provide at his own expense the number of reels of tape necessary for the reproduction of the Election Registration Master File. E. That no partial or segregated tapes shall be prepared for sale under this Resolution; i.e . , only a complete set of tapes may be purchased. 1 hereby cw*that this b a true atd Boned eopfr o� anactlon taken and entered an the minutee W_the Orig. Dept.: County Clerk — Recorder Board of su�leorre 1 the date shown. t�sTEtx p r 1 cc: PHIL BATCHELOR,Clerk of the board of Supervisors and County AdminMWf1F Registrar of Voters County Administrator By op�ty County Counsel ' EXHIBIT A t, OiT ELECTIONS DIVISION of (916) 445-0820 Office of the Secretary of State 1230 J Street March Fong Eu Sacramento, California 95814 For Hearing and Speech Impaired Only: ��[IIOpM• 4 (800)833-8683 APPLICATION TO PURCHASE OR VIEW VOTER REGISTRATION INFORMATION TYPE OR PRINT LEGIBLY IN INK FULL NAME OF COMMITTEE OR ORGANIZATION (If Committee,state name of beneficiary) Mailing Address: City state Zip Code Telephone No. Name of applicant/agent: Last First Middle DOB mo/daytyr Drivers License No. Residence Address: City State Zip Code Residence Telephone No. Title or Position: The above-named applicant, hereby applies to the State of California, Office of the Secretary of State, through a source agency, , County, for: Electronic Data Processing Tapes of Registered Voters in (Location) Printed Cheshire Labels of Registered Voters in (Location) Computer Printed Listings of Registered Voters in (Location) Microfiche Listings of Registered Voters in (Location) Indices of Registered Voters in (Location) Other Medium/Media in -- --- - (Location) The Applicant hereby agrees that the aforementioned information set forth in Affidavits of Registration of voters and any information derived from said Electronic Data Processing Tapes, Printed Cheshire Labels, and/or Computer Printed Listings (hereinafter collectively referred to as 'registration information] will be used ONLY FOR ELECTION OR GOVERNMENTAL PURPOSES, or research as defined by Title 2, Division 7, Article 1, Section 19003 of the California Code of Regulations, and Elections Code section 615 and Government Code section 6254.4. The applicant further agrees NOT to sell, lease, loan, or deliver possession of the registration infomilation, or a copy thereof, or any portion thereof, to any person, organization or agency without fust receiving written authorization to do so from the Secretary of State or from the source agency. Subject to provisions of Title 2, Division 7, Article 1, Sections 19001 through 19007 of the California Administrative Code, the Applicant agrees to pay the State of California, or the source agency, as compensation for any UNAUTHORIZED USE OF EACH INDIVIDUAL'S REGISTRATION INFORMATION, an amount equal to the sum of fifty cents ($.50) multiplied by the number of times each registration record is used by the Applicant in an unauthorized manner. Our/my intended use of the above requested voter registration information is as follows: r %pplication to Purchase or View Voter Registration Information gage 2 _ t 'ENALTIES: ,aftfomia Elections Code, Division 17 Penal Provisions, section 29207: 'Any person in possession of iittomtation obtained pursuant to Section 604 for elections purposes,or pursuant to Section 607 for electsoit, scholarly or poltical research, or governmental purposes, who imowingty uses or penruTs the use of all or any part of that information for any purpose other than an election,scholarly or poetical research, or govenwriental purpose, or who furnishes that information for the use of another, unless the information Is furnished for ekxWM scholarly or poldicai research, or governmental purposes, Is guilty of a misdemeanor.' Signature of Applicant/Agent Date Title Telephone Number FOR OFFICE USE ONLY: Approved by: Date: STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA In the Matter of NOTICE ....................•-------.....---...------......---.-•-----------------•------......------------........ ---------------------------------•-----------...................----•---------............................ Affidavit of Publication ....................................................•-----.........----------....---...................... STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA SS' —NOT—ICE-1 —� Robert V. Osmond ............................................................being duly sworn, NOTICE HEREBY GIVEN. that on April 3,1990 at 11:00 deposes and says, that at all times herein named was, and now is -a.m. In the Board of Super- a citizen of the United States of America, over the age of eighteen j visors Chambers at 851 Pine years, and a resident of said County of Contra Costa. That he is Street, let Floor, Martinez, CA a public hearing will be not nor was at any time hereinafter named a party to the above held to Increase fees for data entitled proceedings, or interested therein, and that all of said I processing election reglstra- time was, and now is the principal clerk of the printer of the tion Information. A copy of the fee proposal Is on file In MARTINEZ NEWS-GAZETTE, a newspaper printed, published and the Clerk of the Board Of circulated in said Contra Costa County, and as such principal Supervisor's Office at 851 Pine Street, 1st Floor, Mar- clerk had charge of all advertisements in said newspaper. That tinez,CA. the said MARTINEz NEWS-GAZETTE, is a newspaper of general circulation as that term is defined by Section 6000 of the Government STEPHEN L.WEIR County Clerk Recorder Code of the State of California, in the said County of Contra Costa NO. 12718 published for the dissemination of local and telegraphic news and March 10, 15, 1990 intelligence of a generil character,having a bona fide subscription list of paying subscribers and which has been established, printed and published in said county for more than one year last past, and which is not devoted to the interests or puNished for the cntcrtainmcnt of a particular class, profession, trade, calling, race or denomination, or any number thereof. That the...Notioe .......................................................................................................... of which the annexed is a printed copy, was printed and published in said paper at least......TAP---(2.)...times................................... to wit: from the......1QUI....day of.....Mar'Ch.......................19..9.Q. to the.....................151h...day of.....MAr.Qh.......................19AQ. both days included, to wit: March 10, 15, 1990 ................................•------......---------•---•--...----•.....------.......................... ---------------------------------------------•-----.....----...................-----...--•----•----....... ........................... ............................... . --....----. ........----.......-----....... That the said cite was published in the n w paper proper and not a p e en 4 ........ ..... ............. V......... ........................... Subscribed and sworn to before the this 28th as of March 19 90 y Notary Public in and for the County of Solan State of California. OFFICIALSEAL H.H. CRISWELL ? ° NOTARY PUBLIC-CALIFORNIA SOLANO COUNTY . MY COMM. EXP. APR.-21,1991 j Y i TO: BOARD OF SUPERVISORS FROM: Stephen L. Weir, Clerk-Recorder DATE: February 12, 1990 SUBJECT: Public Hearing Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATION: Fix April 3, 1990, at 11:00 a.m. for a public hearing on proposed revision of fee on sale of Data Processing Election Registration Information. FINANCIAL IMPACT: An increase of $3,000.00 in revenue is anticipated for the 1990-91 Fiscal Year. REASONS FOR RECONMENDATION/BACKGROUND: Under Government Code Section 54994.1, the Board of Supervisors must hold a noticed public hearing prior to increasing or adopting new fees for Clerk- Recorder. The proposed time and data for the public hearing were obtained from the Clerk of the Board. A copy of the proposed fees will be on file at the Clerk of the Board's Office, Room 106, 651 Pine Street, ten (10) days prior to the date of the Hearing. CONTINUED ON ATTACHMENT: YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s): Action of 'Board on: FEB Z 7 1990 Approved as Recommended X Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. .Absent: Abstain: Z 7 1990 Attested: FEEIDO cc: County Administrator Phil Batchelor, Clerk of Clerk-Recorder the Board of Supervisors Auditor-Controller and County Administrator By: & -� DEPUTY THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on by the following vote: AYES: NOES: ASSENT: SUBJECT: In the Matter of Adoption) of a Policy for Sale of RESOLUTION NO. Data Processing Election Registration Information The Board of Supervisors having been advised by the County Administrator that an increasing number of requests are being received from non-governmental agencies for the use of the County's Election registration data processing tapes , and that in accordance with State regulations which provide procedures for the sale of such tapes , the Election Division of the Office of the County Clerk-Re- corder has developed procedural requirements for the sale of such tapes and the County Administrator having recommended that such requirements be adopted as Board Policy; IT IS BY THIS BOARD RESOLVED THAT, in accordance with Calif- ornia Administrative Code, Sections 19001 through 19009 , that the County Clerk-Recorder of the County of Contra Costa be hereby authorized to prepare and sell copies of reels of electronic data processing tape of the Election Registration Master Vile at those times deemed necessary by the County Clerk-Recorder upon the follow- ing conditions : A. That the County Clerk-Recorder has first determined that the preparation and furnishing of a copy of such tapes will not disrupt the functioning of the Election Division of the Office of the County Clerk- Recorder. If it is so determined that such additional workload cannot be accomplished without disrupting normal County operations , the County reserves the right to refuse the application and shall refer the applicant to the Secretary of State to acquire such registration information. B. That there has been filed with the County Clerk-Recorder a completed application in the form shown in attached Exhibit A which, among other things , requires assurances relating to the used of such materials obtained. C. There has been paid to the County Clerk-Recorder at the time of submitting the application the amount of $250 for each complete set of tapes. D. That the applicant shall provide at his own expense the number of reels of tape necessary for the reproduction of the Election Registration Master File. E. That no partial or segregated tapes shall be prepared for sale under this Resolution; i.e. , only a complete set of tapes may be purchased. Orig. Dept.: County Clerk - Recorder cc: Registrar of Voters County Administrator County Counsel RESOLUTION NO. EXHIBIT A ELECTIONS DIVISION o •; (916) 445-0820 Office of the Secretary of State 1230 J Street t For Hearing and Speech Impaired March Fong Eu Sacramento, California 95814 o Only: pp��t�� �p�7 C,L I I O P%� (800)833-8683 APPLICATION TO PURCHASE OR VIEW VOTER REGISTRATION INFORMATION TYPE OR PRINT LEGIBLY IN INK FULL NAME OF COMMrTTEE OR ORGANIZATION (If Committee,state name of beneficiary) Mailing Address: City State Zip Code Telephone No. Name of applicant/agent: Last First Middle DOB mo/day/yr Drivers License No. Residence Address: City State Zip Code Residence Telephone No. Title or Position: The above-named applicant, hereby applies to the State of California, Office.of the Secretary of State, through a source agency, , County, for: Electronic Data Processing Tapes of Registered Voters in (Location) Printed Cheshire Labels of Registered Voters in (Location) Computer Printed Listings of Registered Voters in (Location) Microfiche Listings of Registered Voters in (Location) Indices of Registered Voters in (Location) Other Medium/Media in -- --- - (Location) The Applicant hereby agrees that the aforementioned information set forth in Affidavits of Registration of voters and any information derived from said Electronic Data Processing Tapes, Printed Cheshire Labels, and/or Computer Printed Listings (hereinafter collectively referred to as 'registration information] will be used ONLY FOR ELECTION OR GOVERNMENTAL PURPOSES, or research as defined by Title 2, Division 7, Article 1, Section 19003 of.the California Code of Regulations, and Elections Code section 615 and Govemment Code section 6254.4. The applicant further agrees NOT to sell, lease, loan, or deliver possession of the registration information, or a copy thereof, or any portion thereof,to arty person, organization or agency without fust receiving written authoraa tion to do so from the Secretary of State or from the source agency. Subject to provisions of Title 2, Division 7, Article 1, Sections 19001 through 19007 of the California Administrative Code, the Applicant agrees to pay the State of California, or the source agency, as compensation for any UNAUTHORIZED USE OF EACH INDIVIDUAL'S REGISTRATION INFORMATION, an amount equal to the sum of frfty cents ($.50) multiplied by the number of times each registration record is used by the Applicant in an unauthorized manner. Our/my intended use of the above requested voter registration information is as follows: r.--r \pplication to Purchase or View Voter Registration Information 'age 2 :IENALMES: .,alffomia Elections Code, Division 17 Penal Provisions, section 29207: $Any person In possession of Information obtained pursuant to Section 604 for elections purposes.or pursuant to Section 607 for election, scholarly or political research, or governmental purposes, who knowingly uses or permits the use of all or any part of that Information for arry purpose other than an election,scholarly or pollifical research, or governmental purpose, or who furnishes that information for the use of arx*w, unless the Information Is furnished for ekxuxi, scholarly or political research, or governmental purposes, Is guilty of a misdemeanor:' Signature of Applicant/Agent Date Title Telephone Number FOR OFFICE USE ONLY: Approved by: Date: The Board of Supervisors Contra Phil Batchelor Clerk of the Board and Costa '1^sta County Administrator County Administration Building IV.{✓] (415)646-2371 651 Pine St., Room 106 County Martinez, California 94553 Tom Powers.1 st District Nancy C.Fanden.2nd District 110 Robert t.Schroder.3rd District SII Sunne Wright McPeak 4th District :. . Tom Torlakson,5th District '� ��_ =i March 7 , 1990 Building Industry Assn of N. Ca. 1280 Boulevard Way, Suite 211 Walnut Creek, CA 94595 'Dear SirN : On March 5 , 1990 , we inadvertently mailed to you a copy of Resolution No. 90/127 dated February 27 , 1990 with respect to revision of data processing, fees . The resolution was issued in error. I am enclosing a copy of the correct Board Order Netting the hearing date for adovtion of the reso- lution for April 3 , 1990, along with an unsigned copy of the fee increase resolution. We apologize for any inconvenience. Yours truly, Carolyn Matthews Deputy Clerk enclosure: 2, BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of ) Data ProcesFing Election ) RegiFtration Information ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been , a citizen of the United States , over age 18; and that today I deposited in the United States Postal Service in Martinez , California , postage fully prepaid , a certified copy of Notice of Public Meeting April 3 , 1990 at 11 : 00 a.m. on proposed riviFion of feep . to the following : Garrow & Cardinale Gr . ory Hodes, Dev qr. P. 0. Box 367 Citat' B<!' Antioch, CA 94509 597 Ce Suite 150 Inez, 53 The Hofmann Company Steve Millar Attn: David Lennon Warminaton Homes P. 0. Box 907 3160 Crow Canyon Place, Ste 200 Concord, CA 94522 San Ramon, CA 94583 Building Industry Assn Of N.CA 1280 Boulevard Way, Suite 211 walnut Creek, CA 94595 I declare under penalty of perjury that the foregoing is true and correct. Dated " zz�'�z�Gt S' D _ 1 9� at Martinez , California . C� r Deputy Clerk 3