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HomeMy WebLinkAboutItem 8.2 CampgnContribLmt . '1 ~ \ . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 9, 1993 SUBJECT: Campaign contribution Limitation Ordinance Request for Policy Clarification Report by Elizabeth Silver, City Attorney and Kay Keck, city Clerk EXHIBITS ATTACHED: ~ /2) 3) / Dublin Municipal Code Chapter 2.28 Campaign contributions (Ordinance No. 21-87 adopted March 23, 1987) Memorandum from City Attorney dated August 2, 1993 Verification Form indicating compliance with Ordinance No. 21-87 ~ . Review and provide policy direction in order for Staff to appropriately administer the provisions of the campaign contribution Limitation Ordinance . If Ordinance is amended, direct Staff to schedule a public hearing at a future Council meeting. RECOMMENDATION: FINANCIAL STATEMENT: None DESCRIPTION: A question was recently raised related to the ability of a Councilmember to accept campaign contributions during a non-election period. In reviewing the provisions of the City's Campaign contribution Limitation Ordinance which was adopted in March of 1987, it became unclear as to the intent of the Council with regard to whether the $300 limitation applied only to an election period, and/or if contributions limitations would revert to the state limit of $1,000 during an off-election year, and/or if contributions were not to be accepted during an off-election year. Dublin's code currently states that a candidate cannot receive any contribution totaling more than $300 from any person during any election period. An election period is defined as beginning on July 1st of a municipal election year, and ending June 30th following an election. As is pointed out in the City Attorney's Memo, there is no restriction on an individual's use of his or her own money at any time. Chapter 2.28 may be amended by the Council to apply the $300 or any other dollar limitation during an "election period" and during the "off year" or to make it clear that contribution limitations, if any, in state law apply during "off years". Currently, the state has a $1,000 limitation. Because the code is silent on contributions during an off-election period, Staff requests that the Council provide direction in order that the Ordinance can be appropriately administered. Should the Council desire to amend the Ordinance, it would be appropriate to direct Staff to draft the language and schedule a public hearing at a future meeting. ---------------------------------------------------------------------- ITEM NO. 8. 2 COPIES TO ::-- CITY CLERK FILE ~ e 2,28.010 Chapter 2.28 CAMPAIGN CONTRIBUTIONS Sections: 2.28,010 2.28.020 2.28.030 Findings and purpose. Definitions. Limitations on contributions. Filing of verified declaration. Violation- Penalty, 2.28.040 2.28.050 2.28.010 Findings and purpose. Pursuant to the authority granted to the City Council in Government Code Section 81013 permitting the imposition of additional local requirements to the Political Reform Act of 1974, the City Council finds that it is in the public inter- est to place realistic and enforceable lim- its on the amounts which may be contributed to political campaigns in . municipal elections, (Ord, 21-879 1) 2,28.020 Definitions. For the purpose of this chapter, defini- tions codified in the Political Reform Act, beginning at Government Code Sec- tion 82000, et seq" shall apply with the addition of the following: "Election period" . means that period of time commencing July 1st, preceding the date of any municipal election, and ending June 30th, immediately following such municipal election, There shall be a separate ..election period" for each municip.al election. (Ord. 21-87 9 2) e '. ,:;l '~ 2.28,030 Limitations on contributions. A, No person shall, during an election period, make any contribution or contri- butions to a candidate or committee which exceed the cumulative amount of three hundred dollars ($300); nor shall any such contribution or contributions which exceed the cumulative amount of three hundred dollars ($300) be accepted by any candidate or committee from any person, B. The prohibitions stated in subsec- tion A of this section shall not apply to contributions made or received in sup- port of, or in opposition to, a ballot mea- sure, nor shall said prohibition apply to . contributions made by a candidate to his or her campaign. (Ord, 21-87 9 3) 2.28.040 Filing of verified declaration. A, To insure full compliance with this chapter, each candidate shall execute a declaration under penalty of perjury on a form provided by city stating that such candidate did not receive any contribu- tion or contributions totaling more than three hundred dollars ($300) from any person during any election period. B. The declaration required by sub- section A of this section shall be filed with the City Clerk with each preelection statement filed pursuant to state law and with the semi-annual statements required to be filed pursuant to state law. (Ord, 21-87 9 4) ." ."' j ,.':.:.:...;../,1 2.28,050 Violation-Penalty. A. Violation of any provision of this chapter is a misdemeanor punishable by a fine not to exceed five hundred dollars . ./ ',----"'. 32 -((f};0~ e ($500) or imprisonment for a tenn not exceeding six (6) months, or by both such fme and imprisonment. B, Whetherornot a violation is inadver- tent,negligent. or deliberate in the presence or absence of good faith, shall be consid- ered in applying the penalties of this chap- ter, (Ord, 21-87 9 5) e 2.28.050 33 (Dublin &.91) e - - e ..... ORDINANCE NO. 21 -87 (., AN ORDINANCE OF THE CITY OF DUBLIN REGULATING ELECTION CAMPAIGN CONTRIBUTIONS AND REPEALING ORDINANCE NUMBERS 01-84 and 03-84 The City Council of the City of Dublin does ordain as follows: ARTICLE 1. GENERAL Section 1. FINDING AND PURPOSE. Pursuant to the authority granted to the City Council of the City of Dublin in Government Code Section 81013 permitting the imposition of additional local requirements to the Political Reform Act of 1974, the City Council hereby finds that it is in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections. Section 2. DEFINITIONS. For the purpose of this ordinance, definitions codified in the Political Reform Act, beginning at Government Code Section 82000, et seq., shall apply witl1 the addition of (a) below: (a) "Election period" shall mean that period of time commencing July 1, preceding the date of any municipal election, and ending June 30, immediately following such municipal election. There shall be a separate "election period" for each municipal election. Section 3. LIMITATIONS ON CONTRIBUTIONS. (a) No person shall, during an election period, make any contribution or contributions to a candidate or committee which exceed the cumulative amount of Three Hundred Dollars ($300.00); nor shall any such contribution or contributions which exceed the cumulative amount of $300.00 be accepted by any candidate or conuuittee from any person. (b) The prohibitions stated in subsection (a) above shall not apply to contributions made or received in support of, or in opposition to, a ballot measure, nor shall said prohibition apply to contributions made by a candidate to his or her campaign. Section 4. FILING OF VERIFIED DECLARATION. ( ...... , (a) To insure full compliance with this ordinance, each candidate shall execute a declaration under. penalty of perjury on a form provided by City stating that such candidate did not receive any contribution or contributions 'totaling more than Three Hundred Dollars ($300.00) from any person during any election period. I e - - e 1;," /:--:~~~. ~. >.. . . (b) The declaration required by subsection (a) shall be filed with the City Clerk with each pre-election s.tatement filed pursuant to State law and with the semi-annual statements required to be filed pursuant to State law. Section 5. PENALTIES. Violation of any provision of this ordinance is a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. Whether or not a violation is inadvertent, negligent, or deliberate in the presence or absence of good '.' faith, shall be considered in applying the penalt~~~ of this ordinance. Section 6. REPEAL. Dublin Ordinance Numbers 01-84 and 03-84 are hereby repealed. Section 7. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at' least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 23rd day of Narch , 1987, by the following vote: AYES: Councilmembers Hegarty, Hoffatt and Vonheeder NOES: Councilmember Snyder and Mayor Jeffery ABSENT: None ATTEST: .~~~ Clty . , '........ -.,.' _.-. -- -----~~~-02-' '9;~~~---15: 36 I D :.ERS NRlJE ET RL TEL NO:510/35~81 1=1628 P02 -..~ M.lc:hMI a. Nave &eYen R. Meye1'll Sli1.abeth H. Silver MidYlet S. Ribaek Kenoedl A. Wilson MEYERS, NAVE, RIBACK & SILVER A Professional Law Corporation Peninsula Office Citrord P. c.mpOeU ~ F. RoiJriqucz ICathleen P.llbion F~ S. Etheridge WcA4y A Robcrt5 p.ws W. Slcinner Steven T. Matta RIet W. J.l.'YiI Vc1'Olll1ca A. N~ OateWl1Y Plaza m Davis Street, S\lite 300 San Leandro, CA 94577 Telephone: (510) :.\51-4300 Facsimile: (510) 351-4481 1220 Howard Avenue, Suite 250 Burlingame, CA 94010-4211 Telephone: (415) ~7130 Facsimile: (415) 342-0886 Sonoma Countv so Old Courthouse Square, Suite 603 Sanl.ll Rosa, CA 9S404 (707) 545-8009 (707) 54.5-6617 (Fax) Reply to: San l...eaDdJu Of coullllel: .AndJea J. Saltzman HEMORANOUM TOI Kay Keck, city Clerk DATIl August 2, 1993 I'ROK: Elizabeth H. silver, city Attorney RBI Campaign contribution Limitation Ordinance Chapter 2.28, Dublin Municipal Code 2Y~Btion A question was raised recently regarding the ability of a councilmember to accept a contribution. The question is whether a councilmember may accept a contribution which is not during the "election periodtl defined in Chapter 2.28 of the Dublin Municipal Code. ReSDouse It is not clear whether a councilmember or candidate for counci1 may accept a contribution during an "off year" or whether contributions less than $300 may be accepted. I recommend that we ask the Council for clarification regarding the application of its campaign contribution ordinance in this situation. Ana].ysis Chapter 2.28 of the Dublin Municipal Code prohibits any person from making a contribution to a "candidate" in excess of $300 during an "election period" and prohibits a "candidate" from accepting any such contribution in excess of $300. (DMC section 2.28.030.) This provision was enacted under the authority of Government Code section 81013 and is consistent with the leading Supreme court decision which holds that campaign contributions, but AUG-02-'93 MON 15:36 ID~ERS NAUE ET AL TEL NO:510/35411r81 j:t628 pm -'~- TOI nOM: RBz DATBI PAQII Kay Reck, city Clerk Elizabeth H. Silver, city Attorney campaign contribution Limitation Ordinance August 2, 1993 2 not campaign expenditures, may be restricted in amount. ~ Valeo (1976) 96 S.Ct. 612, 424 U.S. 1.) ( Buckle~ Chapter 2.28 defines "election period" as beginning on July 1 precedinq the date of any municipal election and ending June 30 following the municipal election. The next municipal election at which councilmembers will be elected is in November, 1994 and the "election period" for that election will, therefore, begin July 1, 1994, and end June 30, 1995. (Although there is an "election period" for the November, 1993 Eastern DUblin referendum, section 2.28.030 does not apply to contributions made in connection with ballot measures.) When the. city council enacted the first ordinance regulating campaign contributions, the ordinance defined the "election period" more broadly -- it included the time between the 58th day following any general or municipal election and ending on the fifth day before the next such election. (Ord. No. 01-84, sec. 2.) In contrast, when the council amended the campaign contributions ordinance in 1987, it defined "election period" to include only the time from July 1 before the election to June 30 following the election. (Ord. No. 21-87, sec. 2.) A "candidate" is defined in Government Code section 82007 as anyone listed on the ballot or who receives a contribution or makes an expenditure "with a view to bringing about his or her nomination of election . . . whether or not the specific elective office for which he or she will seek nomination or election is known at the time . . . and whether or not he or she has announced his or her candidacy. It Thus, under State law, an incumbent councilmember could be a "candidate" for office of councilmember at the November, 1994 election without having announced his or her candidacy. It is unclear whether the Council, in enacting Chapter 2.28, has restricted the ability of any such "candidate" to the receipt of contributions to the "election period" defined in the Municipal Code which does not begin until July 1, 1994. The minutes of the Council meetings in 1987, when the phrase "election period" was amended, do not indicate what the Council's intention was with respect to limiting contributions during the. "off year" (the period from July 1, 1993 to June 30, 1994). At the time Chapter 2.28 was enacted, state law did not limit campaign contrib,utions. In 1988, the people enacted Proposition 73 which added provisions to the Fair Political ~~ " AUG-02-'93 MON 15:37 ID~YERS NAVE ET AL TEL NO:510/35~481 t:l628 P04 TOa nONS RBI DATa t PAGB. Kay Reck, City Clerk Elizabeth H. Silver, City Attorney Campaign Contribution Limitation Ordinance August 2, 1993 3 I, Practices Act which li~it campaign contributions to individuals to $1000 (Government Code section 85301) during a fiscal year, which is defined a July 1 through June 30 (Govern~ent Code section 85102(a)). Proposition 73 also contained a provision (Government Code section 85101) which provides that cities may impose lower campaign contribution limitations for elective offices. In Service EmD. Intern. v. F~ir Political Prac. Com'n (9th Cir. 1992) 955 F.2d 1312, the Federal Court of Appeal held that the fiscal year provisions of Proposition 73 were unconstitutional and enjoined enforcement of the contribution limitation provisions. Under state law, thus, a candidate for councilmember is not restricted with respect to the amount of contributions he or she may receive from any person during a fiscal year whereas under the Municipal Code the candidate may not receive more than $300 during an "eleetion period.1I It is clear that the Council has limited to $300 the amount which any person can contribute during the fiscal year in which an election oecurs (July 1, 1994 to June 30, 1995, for example). What is not clear is whether the $300 limitation applies during the "off year"l or whether the Council intended to prohibit receint of all contributions of whatever amount during the "off year"2. . It is important to remember that there is no restriction on an individual's use of his or her own money at any time. lcouncilmGmbers have apparently consistently filed declarations with the City Clerk both during "election periods" and during lIoff years" indicating that they have not accepted more than $300 in contributions from anyone person. The ordinance has, in practice, thus been interpreted as applying the $300 limitation to "off years" as well as to the "election periOd." This interpretation of the ordinance, although not consistent with the definition of "election period" in section 2.28.020, is supported by the requirement in section 2.28.040(B) that suoh a declaration be filed with ~ pre-election statement and the semi-annual sta~ementA required by state law. 2Such an interpretation should not be read into the ordinance absent clear language that the ordinance intended to prohibit all eontributions during ther"off years." ...~.. ----_._~_.~-~-'~"......._.~---._~_._- ----,--~- - -. RUG-02-'93 MON 15:38 1D4I'YERS NRUE ET RL TEL NO:510/35~481 1:1628 P05 ~~ ., TOa nOK: RIll DAT. : PAGI: Kay Keck, City Clerk Elizabeth H. Silver, City Attorney Campaign Contribution Limitation Ordinance August 2, 1993 4 Chapter 2.28 may be amended by the Council to apply the $300 or any other dollar limitation during an "election period" and during the "off year" or to make it clear that contribution limitations, if any, in state law apply during "off years. tI If the Council wished to amend Chapter 2.28 to prohibit All contributions during "off years" I would need to do more research to determine if such a blanket prohibition is within the Council's power. I suggest the Council provide clarification with respect to what li%llitation on contributions it wishes to impose during "off years." Very truly yours, MEYERS, NAVE, RIBACK & SILVER Mt0 fk Elizabeth H. Silver EHS: jde cc: City Manaqer J* \WPD\MNR8\114\NBNO\JULY93 \CONTRIBU . e e *************************.*~***********~*~*.****************.********* J' CITY OF. DUBLIN"ORDINANCE .NO. 21-87A" Regul'a ting: E lec:tioD>ca!11paign:, contributions . . .... '. c'~kH:.:':~JCb,.;:;:;)~~~.':~.t:; :./<<; . <!it ' " - .. - ",,- ~;~..' ;,~..:;~>> '. .;' ,:. section 4. ' . FILING. OF VERIFIED,'DECLARATION.;.';':, .~_ . .~< . ::'.~.::;'!I:':'':.';' '...... " .' . '.' ,....;.!;,;.,:i::;:;~1!lL;;(..;;t:;;:.i;).':~.;i;.. ::.i'; J> . " .;.., .'. .:". (a) To :.insure full ,.cOInpliariceci.'.with~:;this,6rdinance,.,~:each':~candidate" shall execute, a . :dec.laratio'n~;:~jlrider:Ifh)enalty> ,6fperj~rY:, .,on;:,a:::lfqrm,= provided by. the city Clerk"stat'ing':that,':'stichCandidate:,did'not':'recedve.' any contribution or contributions totaling more than three hundred dollars ($300) from 'any :per.~<?? during any election period.. '. - . . . . (b)' ,The declaration rE~quired,~by,.; subsection (a) shall. be filed .with the city Clerk with ..each....:pre::election. statement. filedc pursuarrt~p~to' . State Law, and with the t s.emi :7"annual: statements required" to be..f iled ~ pursuant to stat.e Law 5'",,, . 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