HomeMy WebLinkAboutAgenda Report - June 16, 2004 I-02 ERAGENDA ITEM 1• Z
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AGENDA TITLE: Adopt Resolution Approving Regulations Pertaining to the Candidates'
Statements for the November 2, 2004 General Municipal Election
MEETING DATE: June 16, 2004
PREPARED BY: D. Stephen Schwabauer, Interim City Attorney
RECOMMENDED ACTION: That Council Adopt Resolution Approving Regulations Pertaining to
the Candidates' Statements for the November 2, 2004 General
Municipal Election.
BACKGROUND INFORMATION
I. Issues:
A. Whether using public money to pay for candidates statements violates Government Code
Section 85300's prohibition against the use of public money to run for political office?
B. May a standing council change existing policy on whether the City pays the charge without
a conflict of interest?
Short Answers?
A. No
B. Yes but the better practice may be to follow the salary Adjustment Procedure of making
the change effective for the first election after one of the council members has faced an
election.
Ill. Analysis:
A. Candidates Statements:
GC 85300 provides that "No public officer shall expend and no candidate shall accept any public moneys
for the purpose of seeking elective office." As you know the Elections code also allows candidates to
prepare candidate statements to be included in the sample ballot. Elections Code section 13307
provides that the City may require candidates to pay the cost (in our case about $1295) in advance but
seems to imply that the cost need not be charged to the candidates. Section 13307 reads in part as
follows:
(c) The local agency may estimate the total cost of printing, handling, translating, and mailing the
candidate's statements filed pursuant to this section, including costs incurred as a result of complying
with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate
filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition
of having his or her statement included in the vote's pamphlet. In the event the estimated payment is
APPROVED:
axon lynn, City anager
required, the receipt for the payment shall include a written notice that the estimate is just an
approximation of the actual cost that varies from one election to another election and may be significantly
more or less than the estimate, depending on the actual number of candidates filing statements.
Accordingly, the elections official is not bound by the estimate and may, on a pro rata basis, bill the
candidate for additional actual expense or refund any excess paid depending on the final actual cost. In
the event of underpayment, the elections official may require the candidate to pay the balance of the cost
incurred. In the event of overpayment, the elections official shall prorate the excess amount among the
candidates and refund the excess amount paid within 30 days of the election....
(e) Before the nominating period opens, the local agency for that election shall determine whether
a charge shall be levied against that candidate for the candidate's statement sent to each voter. This
decision shall not be revoked or modified after the seventh day prior to the opening of the nominating
period. A written statement of the regulations with respect to charges for handling, packaging, and
mailing shall be provided to each candidate or his or her representative at the time he or she picks up the
nomination papers.
Although not binding on a court, the question has been addressed persuasively by the Attorney General
in the Thompson Opinion Letter, 2002, 85 Ops. Cal. Atty. Gen. 49. Therein, the Attorney General's
Office concluded that "school districts and community college districts may pay for printing, handling,
translating, and mailing trustee candidate statements contained in the voter's pamphlet, notwithstanding
the language of Government Code Section 85300. The Fair Political Practices Commission reached the
same conclusion in the Jex Opinion Letter, 2001 Advice Letter A-00-271.
Accordingly, a City may legally pay the expense.
B. Policy Change by Existing Council.
In general, a council should not make changes that will affect it financially in its current term. For
example, a council cannot raise its salary in its current term. (Government Code § 36516.5) The
Government Code does however allow a council to change its salary effective the first term in which one
council member will have faced an election. (Id.) Following the same analysis above however, one could
argue that Elections Code Section 13307 which requires the council to make the determination every
election cycle also controls. Nevertheless, if Council is inclined to change existing practice, I do believe
the better practice is to follow the same procedure set forth to change a council salary. First, it allows
time for potential candidates to adjust their campaign fundraising efforts to achieve what has previously
been a City funded expense and second it cures any perception of a conflict of interest. Accordingly, I
recommend that if Council makes a change that it make it effective for the first election after November
2004.
A Resolution will be prepared consistent with Council direction following the meeting.
FUNDING: Dependent upon Council action.
Respectfully submitted,
D. n c wab
Interim City Attorney
RESOLUTION NO. 2004-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS
AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004
WHEREAS, §13307 of the Elections Code of the State of California provides that
the governing body of any local agency adopt regulations pertaining to materials
prepared by any candidate for a municipal election, including costs of the candidates
statement.
NOW, THEREFORE, THE CLTY COUNCIL- OF THE CITY OF LODI,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 of the
Elections Code of the State' of California, each candidate for elective office to be voted
for at an Election to be held in the City of Lodi on November 2, 2004, may prepare a
candidate's statement on an appropriate form provided by the City Clerk. The statement
may include the name, age, and occupation of the candidate and a brief description of
no more than 200 words of the candidate's education and qualifications expressed by
the candidate himself or herself. The statement shall not include party affiliation of the
candidate, nor membership or activity in partisan political organizations. The statement
shall be filed in the office of the City Clerk at the time the candidate's nomination papers
are filed. The statement may be withdrawn, but not changed, during the period for filing
nomination papers and until 5:00 p.m. of the next working day after the close of the
nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting
Rights Act, as amended, the City Clerk shall have all candidates statements translated
into Spanish.
SECTION 3. PAYMENT. The candidate shall be required to pay for the cost of
printing the candidates statement in English and Spanish in the voters' pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and
mailing the candidate's statements filed pursuant to this section, including costs incurred
as a result of complying with the Voting Rights Act of 1965 (as amended), and require
each candidate filing a statement to pay in advance to the local agency his or her
estimated pro rata share as a condition of having his or her statement included in the
voters' pamphlet. In the event the estimated payment is required, the estimate is just an
approximation of the actual cost that varies from one election to another election and
may be significantly more or less than the estimate, depending on the actual number of
candidates filing statements. Accordingly, the clerk is not bound by the estimate and
may, on a pro rata basis, bill the candidate for additional actual expense or refund any
excess paid depending on the final actual cost. In the event of underpayment, the clerk
may require the candidate to pay the balance of the cost incurred. In the event of
overpayment, the clerk shall prorate the excess amount among the candidates and
refund the excess amount paid within 30 days of the election.
Resolution No. 2004-124
June 16, 2004
Page Two
SECTION 4, ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 5. That the City Clerk shall provide each candidate or the
candidate's representative a copy of this resolution at the time nominating petitions are
issued.
SECTION 6. That all previous resolutions establishing Council policy on
payment for candidates statements are repealed.
SECTION 7. That this resolution shall apply only to the election to be held on
November 2, 2004, and shall then be repealed.
SECTION S. That the City Clerk shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions.
Dated: June 16, 2004
I hereby certify that Resolution No. 2004-124 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held June 16, 2004, by the following
vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock,. Howard, and
Land
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Hansen
ABSTAIN: COUNCIL MEMBERS — None
Susan J. Blackston
City Clerk
2004-124
Page 1 of 2
-Z
Jennifer Perrin
From: Susan Blackston
Sent: Tuesday, June 15, 2004 8:36 AM
To: 'carol'
Cc: City Council; Dixon Flynn; Steve Schwabauer
Subject: RE: Council needs to show consistency in "words spoken and deeds".
Dear Carol Cash:
This reply is to confirm that your message was received by the City ClerWs Office and each member of the City
Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for
informational purposes:
1) City Manager, and 2) City Attorney.
Thank you for expressing your views.
Is/ Susan J. Blackston, City Clerk
-----Original Message -----
From: carol [maiito:kettols@lodinet.com]
Sent: Monday, June 14, 2004 10:33 PM
To: Susan Blackston; Susan Hitchcock; Emily Howard; Keith Land; John Beckman; Larry Hansen
Subject: Council needs to show consistency in "words spoken and deeds".
Dear City Governing Body -1 appreciate the freedoms given to me to be able to
address you; thank you for your time.
in reading the Sentinel Monday morning ... I learned that our Council members in the
history of Lodi have never paid fees, other than the $25 mentioned, as a filing fee.
Quite interesting. Back in easier times and when we didn't have so many issues,
hardships and the current growth, it probably wasn't necessary, otherwise 1 would
like to think our past mayors and council members would have brought this to the
forefront then. Certainly we had some very wise citizens running our city, wouldn't
you agree? We now face serious financial issues with various lawsuits, outrageous
spending and mistakes made by those in "high places" in our city, pollution and
contamination and apparently unnecessary frivolous initiatives brought on by "so-
called" special interest groups that want the city to pay for their ideas. (Re: Refusal
of the dovolopmont of.9 Wal-Mart SuporContor)
Then as you look at page 4 in Monday's Sentinel, Mr. Carl Troupe echoed my
sentiments precisely..... why is it that the City of Lodi Residents have to finance what
2,825 people think they want (promoted by some Woodbridge residents by the way).
. , what about the other 50,000 or 55,000 residents... ? Why should there be an
expense to any of us? You need to make the decision to stop having the city
foot the bill for issues that belong to individual processes and responsibilities,
not have the entire community pay for everyone's "WHIMS". i say, ."Ifwou want to
serve the community, then you need to pay the necessary fees/dues to do so. if
you want to join a special club/group, pay the necessary fees/dues to belong. If you
want to put a special initiative together for the voters to vote on, then by all means
6/15/2004
Page 2 of 2
that individual or group should pay for it. " WHAT DO YOU SAY CITY COUNCIL
MEMBERS? So what will you do? How will you call it? 1 hope that you will say "yes"
to a fee for City Council candidates. By paying the fee, it definitely will be less
taxing on the finances of the City, & more meaningful to those candidates that
actually get voted in. You would be taking that step to saying now is the time to start
recovering unnecessary expenses. It was acceptable then not to pay a fee, but
certainly no longer. We are in over our heads and need to start digging our way out
by curbing what is spent, not just have our citizens suffer additional costs/taxes.
Why make the majority of the population of any city pay fees/dues of those
individuals that want to take action, promote, initiate, circulate or propagandize
anything that a small amount of the population is interested or involved in. It makes
sense then for the Council to say that the stand to take is to implement this new
procedure for the ease and consideration of the citizens of Lodi to adopt this plan for
candidates to take care of their own election -related expenses, and no longer be the
responsibility of the City of Lodi. if anyone is serious about this position and the
future of Lodi, this probably would be a minor issue. It also makes sense and is
consistent for the Council to insist that any present or future "special interest group"
will finance their own interest, solely and completely without the assistance of the
City Governing Body.
1 realize 1 am Joining two issues here, but 1 am seeing it as an example and an
opportunity for you as a group that serves the needs of our town, an example to
show the citizens that you leaders/servants at City Hall are doing your part by paying
dues/fees. No one is so high and mighty over this town that they don't have to do
their part or get someone else to pay their way. Let's be consistent and fair in ALL
areas, notiust some. You know we definitely have grown, the City has some big
issues and MONEY is the big one. We need to monitor and manage our money
better than before.
Groups/Individuals of people everywhere for any reason can pop up and expect our
City and citizens to pay for their expenses. Let the New Council and all future
Council members show that they have paid for what they want - to serve Lodi better
by being a voice on the Council. Thank you, Carol Cash - Resident of the growing
City of Lodi.
6/15/2004
CITY COUNCIL
LARRY D. HANSEN, Mayor
JOHN BECKMAN,
Mayor Pro Tempore
SUSAN HITCHCOCK
EMILY HOWARD
KEITH LAND
Deborah Hench
Registrar of Voters
P.O. Box 810
Stockton, CA 95201
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P,O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6702
FAX (209) 333-6807
citycirk@lodi.gov
June 17, 2004
RE: NOVEMBER 2, 2004, GENERAL MUNICIPAL ELECTION
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Cierk
D. STEPHEN SCHWABAUER
Interim City Attorney
Attached please find a certified copy of the following resolution pertaining to the
November 2, 2004, General Municipal Election, which was adopted by the Lodi City
Council at its June 16, 2004, regular meeting:
• Resolution adopting regulations for candidates for elective office pertaining to
candidates statements submitted to the voters at an election to be held on Tuesday,
November 2, 2004.
Should you have any questions regarding this matter, please feel free to give me a tali.
Sincerely,
Susan J. Black
City Clerk
JMP
Enclosures
cc: San Joaquin County Board of Supervisors (+ encl.)
election/corresp/lE]ectionRes3.doc