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HomeMy WebLinkAboutMINUTES - 04111995 - IO.5 TO: BOARD OF SUPERVISORS 1 .0. -5 Contra FROM: ' INTERNAL OPERATIONS COMMITTEE - fit'''.' Costa ;:f_� ;< County DATE: April 3, 1995 SUBJECT: CAMPAIGN REFORM ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . REINTRODUCE, WAIVE READING, and FIX April 25, 1995 for adoption of the attached Ordinance, labeled Attachment A. Both members of our Committee concur with this recommendation. 2 . INTRODUCE, WAIVE READING, and FIX April 25, 1995 for adoption of the attached Ordinance, labeled Attachment B. Only Supervisor DeSaulnier concurs with this recommendation. 3 . REMOVE this matter as a referral to our Committee. BACKGROUND: On February 28, 1995, the Board of Supervisors referred to our Committee the proposed Campaign Reform Ordinance which had been introduced by Supervisors Rogers and Smith on February 14, 1995 . Concern had been expressed by Supervisor Smith that the proposed Ordinance favored incumbents and required further amendments . On March 20, 1995, our Committee considered this item and heard testimony from a number of individuals . The testimony which was presented is reflected in the attached memorandum from the Assistant County Administrator dated March 21, 1995 . At the conclusion of testimony, our Committee asked the County Counsel ' s Office to prepare two changes to the Ordinance and set another meeting on this subject for April 3, 1995 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED. X OTHER X IT IS BY THE BOARD ORDERED thati.recommendation 1 is APPROVED,;:i:.and the Internal Operations Committee is REQUESTED to continue to look at opportunities for further refinement of issues discussed by the Board today. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _X 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 April 11 , 1995 Contact: IJ PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 4 SUPERVISOR AND COUNTY ADMINISTRATOR BY DEPUTY I .O. -5 On April 3, 1995, our Committee reviewed the changes which had been drafted by the County Counsel ' s Office. We heard additional testimony from those present, generally dealing with the issue of whether and to what extent contractors with the County and those with discretionary applications pending before the Board of Supervisors should be allowed to make campaign contributions . From this discussion, our Committee has agreed on the following changes to Ordinance 95-8 as it was introduced on February 14, 1995 : A. 1 . Language allowing the maximum voluntary contribution limit to be changed by the Board of Supervisors by Resolution should be deleted, meaning that the maximum voluntary contribution limit could only be changed by adoption of another Ordinance. A.2 . Disclosure of the source and size of campaign contributions toward the end of the campaign should be increased by requiring an additional report to be filed by 12 : 00 Noon on the Tuesday before the election, covering the period from the last previous reporting period through 12 : 00 Midnight on the next to the last Monday before the election. A. 3 . Loans to a campaign by a candidate who accepts the voluntary expenditure limit would be limited to $30,000, rather than unlimited as was provided in the original version of Ordinance 95-8. A.4 . Any candidate who has voluntarily agreed to observe the maximum campaign spending limit (proposed to be $80,000) should be allowed to increase his or her campaign spending by $10,000 where the candidate raises at least 20% of the value of the voluntary campaign spending limit ($80,000) from .individual contributors residing within the Supervisorial District in amounts which do not exceed $100 per contributor. The proposed Ordinance which is attached and is marked "Attachment All contains these changes, but is otherwise the same as Ordinance 95-8 . These changes are proposed for the following reasons : ✓ In the case of using a Resolution versus an Ordinance, our Committee believes that there should be a public hearing and two readings of the Ordinance before the voluntary contribution limit could be changed. ✓ In an effort to increase disclosure of the source and size of campaign contributions immediately before the election, we have agreed on one additional report which would cover contributions through midnight of the Monday one week before the election. This report would have to be filed by noon a week before the election. This would provide a challenger with a reasonable opportunity to call to the public ' s attention any contributions which are judged to be of an inappropriate size or source at the last minute. The current disclosure requirements provide for a report by 12 : 00 Noon on the Friday before the election, covering the period through Thursday midnight. However, this late a report provides another candidate with little if any opportunity to react to any seemingly inappropriate contributions and call them to the public ' s attention in any meaningful way. ✓ Several individuals recommended that the amount a candidate accepting the voluntary expenditure limits could loan to his or her own campaign be reduced below the amount of the expenditure limit as provided in the original form of the Ordinance. Despite differences in the way we would prefer to approach this issue, our Committee has agreed to compromise on a figure of $30,000 as the maximum amount a candidate could loan to his or her own campaign. 2 I .O. -5 ✓ In an effort to reward a candidate for not only voluntarily complying with the maximum spending limits, but for also actively seeking "small" contributions from individuals (not businesses) , a candidate who is able to raise at least 20% of the maximum contribution limit (currently $16,000 [20% of $80,000] ) would be allowed to spend an additional $10, 000 (currently to a total of $90,000) and still comply with the voluntary spending limits. Also attached is a second proposed Ordinance, labeled "Attachment B" . This Ordinance is recommended only by Supervisor DeSaulnier. Supervisor Rogers opposes this Ordinance. Ordinance "B" would address the issue of placing a limit or ban on contributions by some of those who are doing business with the County and who would, therefore, appear to have something to gain by making campaign contributions while they have issues pending with the County. This Ordinance would do the following: B. 1 . Limit contributions by persons having a contract with the County which was not entered into through competitive bidding to $250 during the term of the contract and for one year after the expiration of the contract. B.2 ., Limit contributions to $250 by persons who have pending before the Board of Supervisors an application for a project which requires a decision by the Board of Supervisors on and after the filing of the application and until one year after the Board of Supervisors has made its decision on the application, or where the initial decision is not made by the Board of Supervisors, until one year after the time within which the initial decision could have been administratively appealed to the Board of Supervisors. The definition of "project" would not include building permits or other ministerial acts, but would include General Plan amendments and rezonings . B. 3 . For purposes of item B.2 . above, define "a person who has filed an application" to include the LAFCO "conflict of interest" standard, which would include attorneys representing the applicant, consultants retained by the applicant and contractors hired by the applicant to perform work in connection with the application. B.4 . Impose an absolute ban on contributions to campaigns bythose individuals covered by points B. 1 . and B.2 . above from the next to the last campaign reporting cutoff at midnight on the Monday one week before the election until the close of that election cycle, which we understand to be about 30 days after the election. These changes are proposed for the following reasons : ✓ Our Committee was urged to ban or severely limit contributions to campaigns from those who are doing business with the County, in that they have a contract with the County to perform services, where this contract was entered into by the Board of Supervisors without competitive bidding. By limiting this provision to contracts entered into by the Board of Supervisors, we have already eliminated all contracts under $25,000, which do not go to the Board of Supervisors but are approved administratively by the Purchasing Agent. While it is recognized that there are others who might believe that they gain some access or favoritism by making campaign contributions, Supervisor DeSaulnier believes that major contractors with the County should be limited in the amount they can contribute to the campaigns of those running for County Supervisor. Supervisor Rogers reiterated his concern that such a provision will convince some candidates to refuse to abide by the voluntary spending limits if doing so would preclude accepting contributions from these contractors . 3 I .O. -5 ✓ Along the lines of item B. 1 . , item B.2 . limits contributions to candidates by those who have development applications pending before the Board of Supervisors . ✓ Supervisor DeSaulnier was concerned that the term "applicant" could be interpreted to exclude others associated with the application and that this would allow contributions from an applicant ' s attorney or consultants . The LAFCO "conflict of interest" standard includes all of these other associated individuals who are an integral part of the development application. ✓ In an effort to prevent a situation where a person who is a contractor with the County or has an application pending before the Board of Supervisors can contribute so late in the campaign that his or her contribution cannot be publicly noted and addressed, Supervisor DeSaulnier is proposing an absolute ban on any contributions from these persons after the next to the last reporting period (the one covering through midnight of the Monday a week before the election) through the end of the election cycle, which is understood to be about 30 days after the election. Supervisor Rogers continues his opposition to these provisions and this Ordinance on the basis that it not fair to exclude contributions from one set of persons but to allow contributions from other persons who may have just as much to gain from a decision by the Board of Supervisors . Supervisor Rogers noted that these provisions could be circumvented by having someone else make the contribution. It would also be difficult for candidates to determine exactly to whom the provisions apply. It was noted that every personal service contract the Board of Supervisors enters into would be included . Supervisor DeSaulnier repeated his principal goal which is to increase disclosure of the source of a candidate' s contributions . Supervisor Rogers reiterated his basic goal which was to get candidates to agree to the voluntary spending limits by providing advantages to the candidates who agree to the spending limits . He also indicated his interest in having individuals contribute to the candidate and decline to contribute to an independent committee which cannot be effectively controlled by the County. A number of other recommendations were made to our Committee. In this regard, we have attached the following documents : A. The Ordinance which our Committee recommends the Board of Supervisors introduce. B. The additional Ordinance which Supervisor DeSaulnier recommends the Board of Supervisors introduce. C. The memorandum dated March 21, 1995 from the Assistant County Administrator (including attached comments from Mark Mason of Richmond Neighbors) . D. Recommendations shared with our Committee on April 3, 1995 by Melody Howe Weintraub. E. Ordinance 95-8 as introduced February 14 , 1995 . cc: County Administrator County Counsel County Clerk-Recorder Assistant Registrar of Voters District Attorney 4 1 ORDINANCE NO. 95-8 Campaign Spending Reform Ordinance (Voluntary campaign expenditure limits for supervisorial campaigns; advertising disclosure requirements for independent expenditure committees ) 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 the Fair Campaign Ordinance to specify contribution limits for independent committees, to add additional reporting requirements for candidates and independent committees, to add Article 530-2 . 7 "Supervisorial Campaigns, " which specifies the contribution and voluntary expenditure limits for campaigns for the office of supervisor, and to add Article 530-2 .9 "Campaign Advertising Disclosure, " which specifies the advertising disclosure requirements for mass mailings sent by independent committees . SECTION II . Section 530-2 . 407 is added to the County Ordinance code to specify the limits for contributions to committees making independent expenditures, to read: 530-2 .407 Contributions to committees making independent expenditures . In any county election cycle, any committee that makes more than five thousand dollars ($5, 000 ) in independent expenditures for or against a candidate for the office of County Supervisor during the twelve months preceding the election for that office shall not accept contributions exceeding two thousand five hundred dollars ( $2,500 ) from a single source other than contributions from broad based political committees, which are limited to five thousand dollars ( $5,000 ) . (Ord. 95-8 §2 . ) SECTION III . Article 530-2 . 7 is added to the County Ordinance Code to specify the contribution and voluntary expenditure limits for supervisorial campaigns, to read: Article 530-2 . 7 Supervisorial Campaigns 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 . ORDINANCE NO. 95-8 1 (b) Ordinance Code sections 530-2 . 402, 530-2 .404 , 530-2 . 405 and 530-2 . 603 shall not apply to candidates for the office of County Supervisor. (c) To the extent that there is any conflict between the provisions of this article and the other provisions of Chapter 530-2, the provisions of this chapter shall prevail as to campaigns for the office of County Supervisor. (Ord. 95-8 § 3 . ) 530-2 . 703 Individual campaign contributions . (a) In a single election cycle, no person or political committee (other than the candidate or a broad based political committee) shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by that person or political committee in support of that candidate during that election cycle to exceed one hundred dollars ( $100 ) , except as provided in subparagraphs (b)and (c) below. (b) For candidates, except recall candidates, who adopt the voluntary expenditure ceiling defined in section 530-2 . 707 , in a single county election cycle, no person or political committee (other than the candidate or a broad based political committee) shall make, and *no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him, which will cause the total amount contributed by that person or political committee in support of that candidate during that election cycle to exceed seven hundred and fifty dollars ( $750 ) . (c) For recall candidates who have adopted the voluntary expenditure ceiling defined in section 530-2 . 707 , the contribution limits for special elections specified in Government Code section 85305 subsection(c) ( 1 ) and ( 2 ) shall apply. (Ord. 95-8 § 3 .) 530-2 . 704 Broad based political committee campaign contributions . (a) In a single election cycle, no broad based political committee shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by such broad based political committee in support of that candidate during that election cycle to exceed two thousand five hundred dollars ( $2,500 ) , except as provided in subparagraphs (b) and (c ) below. In a single election cycle, the total aggregate amount of ORDINANCE NO. 95-8 2 contributions from all broad based political committees which a candidate may accept shall not exceed ten thousand dollars ($10,000 ) except as provided in subparagraphs (b) and (c) below. (b) For candidates, except recall candidates, who adopt the voluntary expenditure ceiling defined in section 530-2 . 707 , in a single county election cycle, no broad based political committee shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by such broad based political committee in support of that candidate during that election cycle to exceed five thousand dollars ($5,000 ) . In a single county election cycle, the total aggregate amount of contributions from all broad based political committees which a candidate adopting the voluntary expenditure ceiling may accept shall not exceed forty thousand dollars ( $40,000 ) . (c) For recall candidates who adopt the voluntary expenditure ceiling defined in section 530-2 . 707 , during the special election cycle for the election to replace the incumbent subject to recall, the contribution limits for special elections specified in Government Code section 85305 subsection(c) (3 ) shall apply. In a single special election cycle, the total aggregate amount of contributions from all broad based political committees which a recall candidate adopting the voluntary expenditure ceiling may accept shall not exceed forty thousand dollars ( $40, 000) (Ord. 95-8 § 3 . ) 530-2 . 705 Return of excess contributions . If for any reason the contribution limits set forth in Section 530-2 . 703 and 530-2 . 704 have been exceeded, the candidate, other than a recall candidate, or campaign treasurer may within thirty days after receipt, return the excess amount of the contribution to the contributor without penalty. The return of excess contributions by recall candidates shall be governed by the provisions of the California Code of Regulations . (Ord. 95-8 § 3 . ) 530-2 . 706 Limitation on personal loans . (a) In a single election cycle, no candidate shall lend to his or her campaign or controlled committee any amount in excess of five thousand dollars ( $5 , 000) except as provided in subparagraph (b) below. (b) For candidates who adopt the voluntary expenditure ceiling defined in section 530-2 . 707 , in a single election cycle, the candidate shall not lend to his or her campaign or controlled committee any amount in excess of thirty thousand dollars ( $30 , 000 ) . (Ord. 95-8 § 3 . ) ORDINANCE NO. 95-8 3 530-2 . 707 Voluntary expenditure limits (a) Statement accepting expenditure ceiling. All candidates, other than recall candidates, who adopt the expenditure ceiling specified in subsection (b) below may accept contributions in the amounts specified in section 530-2 . 703, subsection (b) and section 530-3 .704, subsection (b) . All recall candidates who adopt the expenditure ceiling specified in subsection (b) below may accept contributions in the amounts specified in section 530-2 . 703, subsection (c) and section 530- 3 . 704, subsection (c) . Before accepting any contributions in the amounts specified in those sections, a candidate as specified in subsection (b) below, must file a statement with the County Clerk- election division at the time the candidate files the declaration for candidacy. (b) Amount of expenditure ceiling. During an election cycle, 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 subsection (c) below. (c) Contributions from individuals. During an election cycle, a candidate who accepts the voluntary expenditure ceiling and who raises twenty percent of the amount of that ceiling in contributions of less than one hundred dollars ($100 ) 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 (b) . (d) Notification by candidate who exceeds ceiling. A candidate who declines to accept the voluntary expenditure ceiling and who receives contributions or makes expenditures equal to or exceeding the amount of the expenditure ceiling shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day the expenditure ceiling is exceeded. (e) Exclusions . For purposes of this Article, expenditures 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 expenditures arising out of the . office holder' s official duties which directly assist the office holder in performing his official duties, or which directly relate to a governmental purpose. "Office holder expenses" include but are not limited to, (a) donations to charitable organizations; (b) the cost of tickets to political events; (c) the cost of postage, office supplies , stationary and similar ORDINANCE NO. 95-8 4 expenses related to the conduct or performance of the office holder's governmental duties; (d) reasonable expenses for travel to conferences, seminars, educational events and similar activities related to the office holder' s position; (e) the cost of books or publications reasonably related to the office holder' s position; (f ) litigation expenses related to the office holder's actions as a supervisor. The expenses listed in items (a) through (f ) 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. (Ord. 95-8 § 3 . ) I 530-2 . 708 . Separate and special election cycles . (a) There shall be separate election cycles for the primary election and for the general election, unless the candidate is elected to office in the primary election. (b) There shall be a special election cycle for the election to fill the seat of an incumbent Supervisor who is the subject of a ballot measure seeking the Supervisor' s recall . The special election cycle shall begin the date the recall measure is certified for the ballot and shall terminate the day of the special recall election. (Ord. 95-8 § 3 . ) 530-2 . 709 . Fair Campaign Pledge. For elections for the office of County Supervisor, paragraph 10 of the Fair Campaign Pledge shall read: "I shall limit my campaign expenses in each election cycle to no more than that amount permitted in Ordinance .Code section 530-2 . 707 "Voluntary Expenditure Limits . " (Ord. 95-8 § 3 . ) 530-2 . 710 Contributions cumulated. In a single election cycle, if an individual, committee, or broad based political committee contributes at least one hundred dollars to a candidate, then the cumulative amount of any contributions to that candidate and contributions to independent expenditure committees on behalf of that candidate made by such individual or committee shall not exceed seven hundred and fifty dollars ($750 ) , and in the case of broad based political committees shall not exceed five thousand dollars ( $5 , 000 ) . (Ord. 95-8 § 3 . ) SECTION IV. Section 530-2 . 802 of the County Ordinance Code is amended to require the filing of additional campaign and independent expenditure statements seven days prior to the election, 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 ORDINANCE NO. 95-8 5 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 on only 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 additional statements . The first additional statement shall be filed by 12 : 00 noon on the seventh day before the election covering the period between the previous statement filed and 12 : 00 midnight of the eighth day before the election. The second additional statement shall be filed by 12:00 noon on the last Friday before the election covering the period between the previous statement filed and 12 : 00 midnight of the last Thursday before the election. These additional filings must be timely received by the filing officer and are not accomplished by deposit in the mail . These 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, and 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 two additional reports . The first additional report shall be filed by 12 : 00 noon on the seventh day before the election covering the period between the previous report filed and 12 : 00 midnight of the eighth day before the election. The second additional report shall be filed by 12:00 noon on the last Friday before the election covering the period between the previous report filed and 12:00 midnight of the last Thursday before the election. These filings must be timely received by the filing officer and are not accomplished by ORDINANCE NO. 95-8 6 deposit in the mail . Each independent expenditure report shall contain the same disclosures required by Government Code Section 84203 . 5 (b) . (Ords . 95-8 § 4; 92-9 , 92-1 , 91-10, 84-14, 84-9 . ) SECTION V. Section 530-2 . 804 of the County Ordinance Code is amended to require disclosure of the identities of persons who direct or control independent committees, 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 during the election cycle 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 include the date, 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 during the election cycle 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 subsections ( f ) , (r) , and (u) . (4 ) The statement shall contain the same disclosures of expenditures required by Government Code section 84211 subsections (b) , (h) , (i ) , ( j ) , (m) , (s ) , (t) , and (v) . (5 ) 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 state law. ( 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 ORDINANCE NO. 95-8 7 persons who direct or control the contributions or expenditures made by the committee. (Ords . 95-8 § 5 , 92-9 , 92-1 , 91-10, 84-9 . ) SECTION VI . Section 530-2 . 806 of the County Ordinance Code is amended to require disclosure of the identities of persons who direct or control independent committees domiciled outside this county, to read: 530-2 . 806 Out-of-county committee reports . Committees domiciled outside this county which make independent expenditures or contributions for or against any candidate for county office, or for or against the qualification of, or passage of any local ballot measure which is being voted upon only in Contra Costa County shall file a report with the county clerk's elections division, in the time and manner required by Government Code Sections 84200 ff . and section 530-2. 804, subsection ( 6 ) for committees domiciled in this county which either support or oppose a candidate for county office or support or oppose a local ballot measure which is being voted on only in this county. (Ords . 95-8 S 6, 92-1, 91-10, 84-9 . ) SECTION VII . Article 530-2 . 09 is added to the County Ordinance Code to require disclosure of contributors on mailers by independent committees, to read: Article 530-2 . 09 Campaign Advertising Disclosure 530-2 . 902 Disclosure of contributors required. Any committee that makes, during the calendar year in which the election is held, more than. five thousand dollars ( $5, 000 . ) in independent expenditures for or against a candidate for county office or for or against the qualification of, 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 any mass mailing sent by the committee in the election for which the independent expenditures were made. ( 1 ) The names and occupations of individuals and the names and business interests of non-individuals, of the five largest contributors to the committee during the twelve months preceding the most recently passed campaign reporting period listed in order of the amount of contributions (except that no contributor with cumulative contributions of two hundred fifty dollars ( $250 ) or less need be listed) . 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 ORDINANCE NO. 95-8 8 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 ) , 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 $500 or more for the twelve month period preceding the most recently passed campaign reporting period. ( 3 ) This section does not apply to communications from an organization to its members . (Ord. 95-8 § 7 . ) 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] MAM\am a:\docs\campaign.ord ORDINANCE NO. 95-8 9 ORDINANCE NO. 95- (Limits on contributions by persons who contract with the County and file applications for projects requiring decision of the Board of Supervisors ) 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 adds section 530-2 . 711 which places limits on the amount persons who contract with the County and persons who file applications for projects requiring decision of the Board of Supervisors can contribute to campaigns for the office of County Supervisor and specifies the final date for such contributions . SECTION II . Section 530-2 . 711 is added to the County Ordinance Code to specify the contribution limits for persons contracting with the County and filing applications for projects requiring decisions of the Board of Supervisors, to read: 530-2 . 711 Limits on contributions by contractors and applicants (a) Contractors . No person who contracts with the County pursuant to a contract approved by the Board of Supervisors which was not obtained as the result of a competitive bidding process, shall make any contribution exceeding two-hundred and fifty dollars ( $250 ) to a candidate or to a committee authorized in writing by the candidate to accept contributions for the candidate, during the pendency of the contract and for one year after the contract is completed or otherwise terminated. (b) Applicants . No person who has filed or opposed an application for a project requiring a decision of the Board of Supervisors shall make any contribution exceeding two-hundred and fifty dollars ( $250 ) to a candidate or to a committee authorized in writing by the candidate to accept contributions for the candidate, on or after the filing of the application and until one year after the Board of Supervisors has made its decision on the application, or where the initial decision is not made by the Board of Supervisors until one year after the time within which the initial decision could have been administratively appealed to the Board of Supervisors . (c) Definitions . ( 1 ) For purposes of this section, "project" means any activity involving the issuance to a person of a lease, license, certificate, or other entitlement for use, including proposed General Plan amendments and rezoning, where the involved party is the applicant or is paying the County' s ORDINANCE NO. 95- 1 f cost of processing the application for rezoning and General Plan amendment. ( 2 ) For purposes of this section, "person who has filed or opposed an application" means any person who files or on whose behalf is filed, an application for a project, or his or her agent or any person who actively supports or opposes a particular decision on an application by lobbying County officers and employees, by testifying in person before the Board of Supervisors, or by otherwise acting to influence the Board of Supervisors or County staff. (d) Exclusions . This section shall not apply to applications for building permits, lot line adjustments or other ministerial approvals . (e) Time for contributions . After the eighth day before an election, no person to whom this section applies shall make a contribution to a candidate for County Supervisor or to a committee authorized in writing by the candidate to accept contributions to him or her. (Ord. 95- S 2 . ) SECTION III . EFFECTIVE DATE. this ordinance become 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] MAM\am MEM02 A:\KR$$.FIN ORDINANCE NO. 95- 2 ATTACHMENT C OFFICE OF THE COUNTY ADMINISTRATOR C O N T R A C O S T A C O U N T Y Administration Building 651 Pine Street, 11th Floor Martinez, California 94553 DATE: March 21, 1995 TO: INTERNAL OPERATIONS COMMITTEE Supervisor Mark DeSaulnier Supervisor Ji:rtsistant ge s FROM: Claude L. Van Mr County Administrator SUBJECT: SUMMARY OF CAMPAIG EFORM ORDINANCE DISCUSSION ON MARCH 20, 1995 Since there appears to be no point in making a status report to the Board of Supervisors on March 28, 1995 on this subject, this memo is intended to summarize my understanding of the discussion which took place, request certain information from the County Counsel ' s Office and serve to notify all interested parties of your Committee' s next meeting on this subject. Supervisor Rogers indicated that his purpose in proposing the Ordinance is to limit spending on Supervisorial campaigns . He is trying to accomplish this by setting a voluntary campaign spending limit of $80,000 per campaign cycle and encouraging candidates to abide by this voluntary limit by providing both incentives and penalties for not abiding by the spending limit. As a result, the draft Ordinance does not contain some of the "reform" features that some individuals and organizations would like to see, for fear that including them will drive some candidates to abandon the voluntary campaign spending limits and thereby undermine the whole thrust of the Ordinance. Supervisor DeSaulnier noted that he wanted to have public discussion of the Ordinance before it is adopted in an effort to insure that the Ordinance is as good as it is possible to make it before it is adopted, rather than taking the "adopt it and we' ll fix it later" attitude. Mark Mason of Richmond Neighbors handed out the attached list of proposed amendments and strongly urged their inclusion in the Ordinance before it is reported back to the Board of Supervisors . In summary, Mr. Mason' s points are intended to assist in "leveling the playing field" between candidates and incumbents by: 1 . Providing limits on campaign spending. 2 . Providing limits on individual contributions . 3 . Banning off-year contributions . Supervisor Rogers noted that it is important to address the problem of committees making independent expenditures . He also noted that the $80,000 spending limit includes loans to one's own campaign. Mark Mason indicated that according to court decisions the Board cannot limit "contributions" by a candidate to his or her own campaign but can limit "loans" to the candidate' s campaign and that the Board of Supervisors should do so. Jerry Scott, representing Common Cause of Contra Costa County, noted the three changes to the Ordinance that he would like to see: 1 . Ban off-year contributions . 2 . Restrict contributions from those doing business with the County. 3. Remove the clause allowing the Board of Supervisors to amend the $80,000 spending limit by Resolution. Supervisor Rogers suggested that if the Ordinance bans off-year contributions, it will tend to force candidates outside the system and they will refuse to abide by the voluntary spending limit. In regard to the restricting of contributions from those doing business with the County, he suggested that it was better to limit the overall level of spending in the campaign rather than artificially pick out certain groups and prohibit them from contributing to a candidate. He questioned a situation where the Tobacco Institute might be allowed to make contributions to Board members who were considering a limitation on tobacco advertising on billboards near schools, while a developer or contractor would be prohibited from making contributions. Supervisor Rogers agreed that since a Resolution could be adopted at a single Board meeting without necessarily having time for adequate public notice and discussion, it would be preferable to have any changes in the overall spending limit approved by Ordinance. Mark Mason agreed with Jerry Scott on the need to prohibit contributions from contractors or developers who are doing business with the County or have applications pending with the County. Supervisor DeSaulnier suggested that from his perspective,, disclosure of where a candidate has received his or her money from- is romis more important than trying to restrict or control contributions from certain groups of individuals. Jerry Scott urged the Committee to at least provide lower limits on contributions from contractors and developers doing business with the County than for other contributors . Mark Mason strongly urged the Committee to agree to limit loans to campaigns . 2 1 Joe Hogan, speaking on behalf of the League of Women Voters, suggested that the Committee not delay adoption of the Ordinance in order to make it perfect since that could lead to lengthy delays and months or years of study. He suggested that the draft Ordinance was a good step forward and that the Board of Supervisors should adopt something as quickly as possible. Mark Mason, on the other hand, said that the draft Ordinance was a bad Ordinance and needed to be improved before it was considered for adoption. Laurie Schuyler agreed with Joe Hogan that the Ordinance could be improved but that it is big step forward in its current form. The Committee agreed to further consider changes to the Ordinance as follows : Monday, April 3, 1995 9 :30 A.M. The Training Institute, The Bay Room George Gordon Education Center 500 Court Street, Martinez The Committee asked that the County Counsel ' s Office return to the Committee on April 3, 1995 with two sets of revisions to the Ordinance, so that the Committee can consider whether to recommend the inclusion of one or both sets of changes : 1. Changes to delete the provision that would allow the Board of Supervisors to change the spending limit by Resolution. This has the affect of requiring that a new Ordinance be adopted to change the provisions of an existing Ordinance. 2 . Language which would prohibit contributions by contractors doing business with the County and by developers who have applications for discretionary entitlements pending with the County. The Committee indicated that it intends to report the Ordinance. back to the Board of Supervisors on April 11, 1995 . CLVM:amb van3-37-95 Attachment cc: Gary T. Yancey, District Attorney Victor J. Westman, County Counsel Mary Ann Mason, Deputy County Counsel Stephen L. Weir, County Clerk-Recorder Bob Delevati, Assistant Registrar of Voters Campaign Reform Ordinance Mailing List 3 Recommended Amendments Con1C'C rCCCtri, C-)CUifltri% C�MPadgn rJnn r� (ie IR , �oaF M 0Fdo, JHIIPIC 0 20 March 1995 Mark Mason, Past President-Richmond Neighbors Cap candidate's loans to their own campaigns at $20,000 (accepting spending limits; Prohibit loans for candidates not accepting limits. Remove clause allowing supervisors to amend the spending limits by resolution. Define the entity: Broad-based political committee. Ban off-year contributions. Prohibit contributions from county contractors and real estate developers with permits pending before the county. Q Set contribution limits to independent spending committees at $500, thereby establishing a uniform limit. Require submission of campaign contribution/expenditure statements in computer-compatible form. Make such statements available through libraries and the internet. Entertain discussion about the effect on county government of retaining five (5) supervisorial seats for 122 years and a 100-fold increase in population. 1873 5 seats/300-400 voters per dist.; pop. 8,000 1990 5 seats/?voters per dist.; pop. 8001000+ What measures may be reasonably taken to restore the relatively close connection between the electorate and the Board of Supervisors? Current county government is anachronistic; retaining 5 seats for over 100 years is a failed experiment in representative government. With respect to the dynamic context (population increase), doing nothing—maintaining the status quo—is a radical undertaking. Elected officials are currently too distant from the constituents thereby engendering distrust, increasing campaign costs, and discouraging public participation in the electoral process. Consider increasing the number of seats from 5 to 15. ' ATTACHMENT E ORDINANCE NO. 95-8 Campaign Spending Reform Ordinance (Voluntary campaign expenditure limits for supervisorial campaigns; advertising disclosure requirements for independent expenditure committees) \ 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 the Fair Campaign Ordinanc, to specify contribution limits for independent committees, to add additional reporting requirements for independent committees, to add Article 530-2.7 "Supervisorial Campaigns, " which specifies the contribution and voluntary expenditure limits for campaigns for the office of supervisor, ,and to add Article 530-2.9 "Campaign Advertising Disclosure, " which specifies the advertising disclosure requirements for mass mailings sent by independent committees . SECTION II . Section 530-2 .407 is added to the County Ordinance code to specify the limits for contributions to committees making independent expenditures, to read: 530-2 .407 Contributions to committees making independent expenditures . In any county election cycle, any committee that makes more than five thousand dollars ($5,000) in independent expenditures for or against a candidate for the office of County Supervisor during the twelve months preceding the election for that office shall not accept contributions exceeding two thousand five hundred dollars ($2,500) from a single source other than contributions from broad based political committees, which are limited to five thousand dollars ($5,000 ) . (Ord. 95-8 §2 . ) SECTION III. Article 530-2.7 is added to the County Ordinance Code to specify the contribution and voluntary expenditure limits for supervisorial campaigns, to read: Article 530-2 .7 Supervisorial Campaigns 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. ORDINANCE NO. 95-8 1 r .) (b) Ordinance Code sections 530-2 .402, 530-2.404, 530-2 . 405 and 530-2 . 603 shall not apply to candidates for the office of County Supervisor. (c) To the extent that there is any conflict between the provisions of this article and the other provisions of Chapter 530-2, the provisions of this chapter shall prevail as to campaigns for the office of County Supervisor. (Ord. 95-8 S 3 . ) 530-2. 703 Individual campaign contributions . (a) In a single election cycle, no person or political committee (other than the candidate or a broad based political committee) shall make, and no candidate or. campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by that person or political committee in support of. that candidate during that election cycle to exceed one hundred dollars ($100) , except as provided in subparagraphs (b)and (c) below. (b) For candidates, except recall candidates, who adopt the voluntary expenditure ceiling defined in section 530-2 .707, in a single county election cycle, no person or political committee (other than the candidate or a broad based political committee) shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him, which will cause the total amount contributed by that person or political committee in support of that candidate during that election cycle to exceed seven hundred and fifty dollars ($750) . (c) For recall candidates who have adopted the voluntary ' expenditure ceiling defined in section 530-2. 707, the .contribution limits for special elections specified in Government Code section 85305 subsection(c) ( 1 ) and (2) shall apply. (Ord. 95-8 S 3 . ) 530-2 . 704 Broad based political committee campaign contributions . (a) In a single election cycle, no broad based political committee shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a' single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by such broad based political committee in support of that candidate during that election cycle to exceed two thousand five hundred dollars ($2,500 ) , except as provided in subparagraphs (b) and (c) below. In a single election cycle, the total aggregate amount of ORDINANCE NO. 95-8 2 contributions from all broad based political committees which a candidate may accept shall not exceed ten thousand dollars ($10, 000 . ) except as provided in subparagraphs (b) and (c) below. (b) For candidates, except recall candidates, who adopt the voluntary expenditure ceiling defined in section 530-2. 707, in a single county election cycle, no broad based political committee shall make, and no candidate or campaign treasurer shall accept, any contribution to or for a single candidate for County Supervisor or to or for a committee authorized in writing by the candidate to accept contributions to him or her, which will cause the total amount contributed by such broadbased political committee in support of that candidate during that election cycle to exceed . five thousand dollars ($5,000. ) . In a single county election cycle, the total aggregate amount of, contributions from all broad based political committees which a candidate adopting the voluntary expenditure ceiling may accept shall not exceed forty thousand dollars ($40,000. ) . (c) For recall candidates who adopt the voluntary expenditure ceiling defined in section 530-2 .707, during the special election cycle for the election to replace the incumbent subject to recall, the contribution limits for special elections specified in Government Code section 85305 subsection(c) (3) shall apply. In a single special election cycle, the total aggregate amount of contributions from all broad based political committees which a recall candidate adopting the voluntary expenditure ceiling may accept shall not exceed forty thousand dollars ($40, 000 . ) 530-2 . 705 Return of excess contributions . If for any reason the contribution limits set forth in Section 530-2.703 and 530-2 . 704 have been exceeded, the candidate, other than a recall candidate, or campaign treasurer may within thirty days after receipt, return the excess amount of the contribution to the contributor without penalty. The return of excess contributions by recall candidates shall be governed by the provisions of the California Code of Regulations . (Ord. 95-8 S 3 . ) 530-2 . 706 Limitation on personal loans . (a) In a single election cycle, no candidate shall lend to his or her campaign or controlled committee any amount in excess of five thousand dollars ($5,000) except as provided in subparagraph (b) below. (b) For candidates who adopt the voluntary expenditure ceiling defined in section 530-2. 707, the limitation on personal loans provided in subparagraph (a) above shall not apply. (Ord. 95-8 S 3 . ) ORDINANCE NO. 95-8 3 530-2 . 707 Voluntary expenditure limits (a) Statement accepting expenditure ceiling. All candidates, other than recall candidates, who adopt the expenditure ceiling specified in subsection (b) below may accept contributions in the amounts specified in section 530-2 . 703, subsection (b) and section 530-3 .704, subsection (b) . All recall candidates who adopt the expenditure ceiling specified in subsection (b) below may accept contributions in the amounts specified in section 530-2. 703, subsection (c) and section 530- 3.704, subsection (c) . Before accepting any contributions in the amounts specified in those sections, a candidate as specified in subsection (b) below, must file a statement with the County Clerk- election division at the time the candidate files the declaration for candidacy. (b) Amount of expenditure ceiling. During an election cycle, candidates who agree to accept the voluntary expenditure ceiling shall not incur campaign expenditures exceeding eighty thousand dollars ($80,000. ) , or as set by the Board of Supervisors by Resolution. (c) Notification by candidate who exceeds ceiling. A candidate who declines to accept the voluntary expenditure ceiling and who receives contributions or makes expenditures equal to or exceeding the amount of the expenditure ceiling shall notify the County Clerk-election division by both telephone and guaranteed overnight mail on the day the expenditure ceiling is exceeded. (d) Exclusions . For purposes of this Article, expenditures 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 expenditures arising out of the office holder's official duties which directly assist the office holder in performing his official duties, or which directly relate to a governmental purpose. "Office holder expenses" include but are not limited to, (a) donations to charitable organizations; (b) the cost of tickets to political events; (c) the cost of postage, office supplies, stationary and similar expenses related to the conduct or performance of the office holder's governmental duties; (d) reasonable expenses for travel to conferences, seminars, educational events and similar activities related to the office holder's position; (e) the cost of books or publications reasonably related to the office holder's position; (f) litigation expenses related to the office holder' s actions as a supervisor. The expenses listed in items (a) through (f ) shall not be considered "office holder expenses" ORDINANCE NO. 95-8 4 • i if they are used in connection with any office holder's campaign for a future term of office as a Supervisor. (Ord. 95-8 S 3 . ) 530-2.708. Separate and special election cycles . (a) There shall be separate election cycles for the primary election and for the general election, unless the candidate is elected to office in the primary election. (b) There shall be a special election cycle for the election to fill the seat of an incumbent Supervisor who is the subject of a ballot measure seeking the Supervisor's recall. The special election cycle shall begin the date the recall measure is certified for the ballot and shall terminate the day of the .special recall election. (Ord. 95-8 S 3. ) 530:-2.70.9:. Fair Campaign Pledge. For elections for the office of County Supervisor, paragraph 10 of the Fair Campaign Pledge shall read: "I shall limit my campaign expenses in each election cycle to no more than eighty thousand dollars ($80, 000 . ) , or as set by resolution of the Board of Supervisors . " (Ord. 95-8 .§ 3 . ) _ 530-2 . 710 Contributions cumulated. In a single election cycle, if an individual, committee, or broad based political committee contributes at least one hundred dollars to a candidate, then the cumulative amount of any contributions to that candidate and contributions to independent expenditure committees on behalf of that candidate made by such individual or committee shall not exceed five hundred dollars ($500 . ) , and in the case of broad based political committees shall not exceed five thousand dollars ($5,000) . (Ord. 95-8 S 3 . ) SECTION IV. Section 530-2.804 of the County Ordinance Code is amended to require disclosure of the identities of persons who direct or control independent committees, 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. ORDINANCE NO. 95-8 5 (2) If the cumulative amount of contributions during the election cycle 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 include the date, 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 during the election cycle 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 subsections (f) , (r) , and (u) . (4 ) The statement shall contain the same disclosures of expenditures required by Government Code section 84211 subsections (b) , (h) , (i) , ( j ) , (m) , (s) , (t) , and (v) . (5) 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 state law. (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. (Ords. 95-8 § 4, 92-9, 92-1, 91-10, 84-9 . ) SECTION V. Section 530-2.806 of the County Ordinance Code is amended to require disclosure of the identities of persons who direct or control independent committees domiciled outside this county, to read: 530-2. 806 Out-of-county committee reports . ' Committees domiciled outside this county which make independent expenditures or contributions for or against any candidate for county office, or for or against the qualification of, or passage of any local ballot measure which is being voted upon only in Contra Costa County shall file a report with the county clerk's elections division, in the time and manner required by Government Code Sections 84200 ff . and section 530-2 .804, subsection (6) for committees domiciled in this county which either support or oppose a candidate for county office or support or oppose a local ballot measure which is being voted on only in this county. (Ords . 95-8 S 5, 92-1, 91-10, 84-9 . ) ORDINANCE NO. 95-8 6 SECTION VI . Article 530-2 . 09 is added to the County Ordinance Code to require disclosure of contributors on mailers by independent committees, to read: Article 530-2.09 Campaign Advertising Disclosure 530-2 . 902 Disclosure of contributors required. Any committee that makes, during the calendar year in. which the election is held, more than five thousand dollars ($5,000 . ) in independent expenditures for or against a candidate for county office or for or against the qualification of, 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 any mass mailing sent by the committee in the election for which the independent expenditures were made. ( 1 ) The names and occupations of individuals and the names and business interests of non-individuals, of the five largest contributors to the committee during the twelve months preceding the most recently passed campaign reporting period listed in order of the amount of contributions (except that no contributor with cumulative contributions of two hundred fifty dollars ($250) or less need be listed) . 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) , 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 $500 or more for the twelve month period preceding the most recently passed campaign reporting period. (3) This section does not apply to communications from an organization to its members . (Ord. 95-8 S 6 . ) SECTION VTI . 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. ORDINANCE NO. 95-8 i 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] MAM\am a:\docs\campaign.ord ORDINANCE NO. 95-8 8 ATTACHMENT D ® _ ._ ... i € I #J �'IV C ` Of R R E D Melody Howe Weintraub, President Founded 1985 John M. Gilkison, Vice President Suggestions for changes in campaign finance reform ordinance submitted by Winning Results, Inc. and Melody Howe Weintraub 1. Loans from candidates should be limited to $20,000. 2. Campaign spending limits should be realistic and based on actual campaign costs. Lower the current ceiling on campaign spending from $150,000 per election cycle to a formula of $1 per registered voter in each Supervisorial District. As of January 19, 1995 the limits would be: District 1: $86,372 District 2: $101,655 District 3: $118,260 District 4: $93,738 District 5: $94,603 Each limit would be for the primary campaign and general campaign. To keep up with inflation, the ceiling should be reviewed every 4 years. 3. To promote and encourage smaller contributions from more individuals or single sources, an additional $20,000 per election cycle could be raised from contributions of $99 or less. This would be added to the limit of $1 per registered voter formula to give candidates added incentive to receive support from a wider range of people interested in government. 4) Contribution limits should stay the same, limiting individuals or single sources to a maximum contribution of $500 per election and PAC's to $2,500. The ceiling on contributions ranging from $100 to $500 and PAC"s would be the total of $1 per registered voter in each district. 5. Any changes to this campaign ordinance should be done by ordinance rather than resolution. 6. Require full disclosure of independent committee contributors prior to an election. ,Mailing Address: 47 LAFAYETTE CIACLE, SUITE 219 N LAFAYETTE, CA 94549 0 299-1612 FAX(510)299-1613 RcSdei Pope DATE: REQUEST TO .SPEAK FORM (THREE (3) MINUTE umrr) Complete this form and place it in the box near the speakers' rostrum before addressin the Board. NAME: ,/ PHONE: 7 Q ADDRESS• 02 X5-07 CITY: dz- I am speaking formyself OR organization: WAM T � � , Check one: I wish to speak on Agenda Item # My comments will be: general for against �. I wish to speak on the subject ofa4��� ? I do not wish to speak but leave these comments for the Board to consider. X SPEAKERS J 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speakers' microphone before your item is to be considered. 2. You will be called to make your presentation. Please speak into the microphone. 3..Begin by stating your name and address: whether you are speaking for yourself or as a representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation, if available. 5. Please limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard.) Date: REQUEST TO SPEAK FORM (Two [2] Minute Limit) Complete thisformand place it in the L box near the speakers' rostrum before addressing the Board. Name: S �n � Phone: ?31-92-9c)— Address: 3/-92-9c-- Address: 11 r I�- G" City: -Ala m C) 64 q I am speaking for: ❑ Myself OR �4 Organization: Lea 9 u e, 3,Q6 D NAME OF ORGANIZATION CHECK ONE: T !J , wish to speak on Agenda Item # My comments will be: ❑ General , For ❑ Against ❑ I wish to speak on the subject of: ❑ I do not wish to speak but leave these comments for the Board to consider: r SPEAKERS 1. Deposit the "bequest To Speak Form" (on the reverse side) in the box next to the speakers' microphone before your item-is to be considered. 2. You will be called to make your presentation. Please speak into the microphone. 3. Begin by stating your name and address; whether you are speaking for yourself or as a representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation, if available. 5. Please limit your presentation to two (2) minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard.) THE LEAGUE:,OF W.010,EN OF DIABLO VALLEY RECEIVE® I APR i i 1995 500 ST.MARY'S ROAD,#14,THE BOARDROOM,LAFAYETTE,CALIFO �I1h1 f�'A WR ISORS STATEMENT OF LEAGUE OF WOMEN VOTERS OF DIABLO VALLEY BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS REGARDING THE CAMPAIGN REFORM ORDINANCE, 95-8 APRIL 11, 1995 Hello: I am Sharon Burke, First Vice President of the League of Women Voters of Diablo Valley. Our chapter represents most of Contra Costa County except for the Richmond area. Our League supports the proposed Campaign Reform Ordinance as introduced by -- Supervisor Jim Rogers, based on our local League ' s position on campaign finance . Our position was agreed to by League members after extensive study. The Diablo Valley League believes we should support (and here I am quoting from our position) "timely, complete and easily accessible disclosure of the amount and source of campaign contributions . " Our local position further supports "campaign literature and political advertising which is clearly identified as to its source" . Our state League position further supports "measures which broaden the base of campaign financing" . We believe this ordinance 95-8 accomplishes these goals, in particular the provision which rewards candidates who seek out continued/ } Statement of League of Women Voters Campaign Reform Ordinance-April 11, 1995 Page 2 smaller contributions, increasing citizen involvement in the political process, which is a major mission of the League . Although all of our positions are more extensive than this ordinance, we believe it is more realistic for us to support any -- reform which accomplishes at least some of our goals . If you consider amendments in the future, we would urge you to consider the formation of an Ethics Committee or Campaign Oversight Committee, formed of civic-minded citizens to monitor the enforcement of this ordinance and recommend any changes to the Board. Such a committee is called for by our local position, and we believe it would be wise for the Board to consider this in order to encourage greater citizen involvement in the monitoring process . Thank you .