HomeMy WebLinkAboutMINUTES - 05181999 - C115 BOARD OF SUPERVISORS
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INTERNAL OPERATIONS COMMITTEE Costa
DATE: >"rr
County
May 10, 1999 vz
SUBJECT:
STATUS REPORT ON THE ELECTION CAMPAIGN ORDINANCE
SPECIFIC REQUESTS;OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to obtain written
advice from the Fair Political Practices Commission (FPLC), on behalf of the
individual Board members, on the methods for segregating officeholder and
campaign accounts.
BACKGROUND:
The Internal Operations Committee has met on several occasions to revise the
report we presented to the Board on April 13, 1999. The key issue remains how to
provide funds for officeholder expenses in light of State regulations concerning
campaign accounts. We are considering whether it would be advisable to amend
Ordinance Code section 530-2.214 "Exemptions" for consistency with State law
requirements and feel that it is desirable to obtain clarification of those requirements.
The County Counsel's Office received informal telephone advice from the Technical
Assistance Division of the FPPC as follows: Under the Political Reform Act, a
candidate can establish a campaign committee and open a campaign account for
an election, e.g., the 1993 election. After the election, the candidate can maintain
the account for officeholder expenses and may continue to raise funds for such
expenses. When the candidate decides to run for reelection, he or she can either
redesignate the old election account and campaign committee as the account and
committee for the new election or can open a new account and committee to raise
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE � THER a
► •-
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GNA tJRE sl. (aA L B. ILKEMA JOHN GIOIA
ACTION OF SOARD ON APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
XL€NANIMOUS(ABSENT m ) 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 May8_ 1QQQ
Contact: Each Member, Berard Of Supervisors PHIL SA7CHELOR,CLERK DF THE BOARD OF
County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
District Attorney
County Counsel
County Clerk-Recorder BY DEPUTY
IOC-01
money for reelection, e.g., the 2002 election. Under the second scenario, the
incumbent would have two accounts open at the same time, but each account would
be for a different election, e.g., one for the 1998 election and officeholder expenses
arising from that election, and one for the 2092 reelection campaign.
The County Counsel's Office has advised that informal telephone advice from FPPC
staff does not provide any basis for immunity from prosecution for violation of the
Political Reform Act [Title 2 Cal. Code. Regs. Section 18329 (c) {3}.] Therefore, to
ensure the reliability of the telephone advice, we would request written confirmation
from the FPPC's legal staff.
In addition, advice would be sought on an incumbent's ability to raise officeholder
expenses and pay them from a campaign account which, following the injunction of
the enforcement of Proposition 208, was redesignated as a campaign account for
a subsequent election.
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