HomeMy WebLinkAboutItem 7.2 CampgnContribLmtAmnd (2)
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: september 13, 1993
SUBJECT: status Report on Campaign contribution Limitation
Ordinance Amendment to Change Definition of
"Election Period"
Report Prepared by Elizabeth Silver, City Attorney
and Kay Keck, City Clerk
EXHIBITS ATTACHED: Agenda Statement from August 9, 1993 Meeting
RECOKMBNDATX~:
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Receive Report
Provide policy direction to Staff regarding
amount of limitation for Office of Mayor and
Office of Councilmember
Direct Staff to schedule a public hearing for
September 27th Council meeting to consider
amendment to the Campaign contribution
Limitation Ordinance
FINANCIAL STATEMENT:
None
DESCRIPTION: On August 9, 1993, the City Council received a
report regarding the city's Campaign contribution Limitation Ordinance
(Dublin Municipal Code Chapter 2.28). Staff indicated that the
ordinance was unclear with respect to whether the $300 limitation
applied only to an election period or whether it applied during Itoff
years". The Council indicated that it intended the $300 limitation to
apply in each year and directed staff to return to the Council with an
amendment to the ordinance to clarify the ordinance.
In preparing a proposed amendment to the ordinance, the city Attorney
concluded that, from a legal standpoint, it would be preferable to
include a dollar limitation tied to an election, rather than for a
fiscal year. This conclusion is based on court cases which have
upheld contribution limitations in Federal elections (which are
applied per election) whereas the state limitation (which is applied
per fiscal year) has been found invalid.
If the City's ordinance is amended to follow the Federal model, the
limitation on contributions would apply to the election for a specific
office. The question then arises whether the limitation for the
office of Mayor (a 2-year term) and the office of councilmember (a 4-
year term) should be the same. If the Council wishes in effect to
prohibit contributions in excess of $300 per year, that would
translate to a $600 limitation per election for the office of Mayor
and a $1,200 limitation per election for the office of councilmember.
Staff will prepare an amendment to the ordinance to provide a
limitation on contributions per election. Staff requests that the
Council provide direction regarding the amount of the limitation for
the office of Mayor and the office of Councilmember.
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ITEM NO. $.. 2
COPIES TO:
CITY CLERK
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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: 1) Dublin Municipal Code Chapter 2.28 campaign
contributions (Ordinance No. 21-87 adopted
March 23, 1987)
2) Memorandum from City Attorney dated August 2,
1993
3) Verification Form indicating compliance with
Ordinance No. 21-87
RECOMMENDATION: . 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.
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.
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COPIES TO:
ITEM NO.
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