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HomeMy WebLinkAboutItem 8.2 General Muni ElectionG~~~ OF Dp~~~ ~9~ ~~ az ~\~~~.~% `~'~r~oR~`D/ STAFF REPORT C I T Y C L E R K DUBLIN CITY COUNCIL File # ^~~~-00 DATE: June 1, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJ . General Municipal Election - November 2, 2010 Prepared By: Caroline P. Soto, City Clerk EXECUTIVE SUMMARY: The next Municipal Election in the City of Dublin will be on Tuesday, November 2, 2010. Offices to be voted on shall be one (1) Mayor and finro (2) Councilmembers. The Mayor serves a 2-year term and Councilmembers serve 4-year terms. The City Councilmembers will determine whether the statement of qualifications which each candidate is allowed to place in the sample ballot should be a maximum of 200 or 400 words and whether the City or each candidate should pay the costs associated with printing his/her candidate statement. The City Council will also consider the adoption of a resolution encouraging the use of the Code of Fair Campaign Practices in the November 2010 municipal election. FINANCIAL IMPACT: Sufficient funds to pay for the election will be budgeted in the FY 2010-11 Election Budget. RECOMMENDATION: Adopt Resolution Calling for a General Municipal Election to be Held in the City of Dublin on November 2, 2010; Requesting the Alameda County Board of Supervisors to Consolidate the City of Dublin General Municipal Election with the Statewide General Election; and Authorizing Certain Procedural Matters; adopt Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statement and the Costs Thereof for the General Municipal Election to be Consolidated with the Statewide General Election to be Held on Tuesday, November 2, 2010 and adopt Resolution Encouraging Candidates to Use the Code of Fair Campaign Practices; and direct Staff to proceed with one informational meeting for potential candidates before the nomination period, and one meeting for candidates after the nomination period. ~~ ~ Submitted By City Clerk Revi e y Assistant City Manager Page 1 of 3 ITEM NO. O'~ DESCRIPTION: The next Municipal Election in the City of Dublin will be on Tuesday, November 2, 2010. Offices to be voted on are one (1) Mayor and two (2) Councilmembers. The Mayor serves a 2- year term and Councilmembers serve 4-year terms. The first day candidates may take out and file nomination papers will be Monday, July 12, 2010. The last day to file the nomination papers will be Friday, August 6, 2010. If the Councilmember incumbent, eligible to run, does not file papers, the nomination period for that particular Councilmember seat will be extended for five calendar days. The City Council may determine whether the statement of qualifications which each candidate is allowed to place in the sample ballot should be a maximum of 200 or 400 words. Staff recommends that the City Council adhere to past practices and allow a maximum of 200 words. The Alameda County Registrar of Voters also recommends a 200 word maximum in order to maintain uniformity. The City Council may also determine whether the City or each candidate should pay for the costs associated with typesetting and printing the candidate statements. The estimated cost to a candidate for publishing his or her statement of qualifications, based on a 200 word statement is $750.00. The City of Dublin, as a past practice, has prepared a Candidate Binder for all potential candidates. The Candidate Binder is issued during a scheduled appointment with the City Clerk during the nomination period, July 12 - August 6, 2010, and includes such information as: • Date of, timeline for, and offices up for election • Nomination Petition and Information regarding Circulation • Candidate Statement information and estimated cost(s) • Fair Political Practices Commission (FPPC) Campaign Disclosure Information Forms and Due Dates • City of Dublin Campaign Contribution Limitations and Forms • Code of Fair Campaign Practices • Ballot Designation Worksheet Staff would propose, for City Council consideration, the establishment of a pre-nomination period meeting for any Dublin resident interested in becoming a candidate. The meeting would discuss the items outlined above, general information about the City. Staff would propose that the meeting be held in the evening at the Civic Center. Following the close of the nomination period, Staff would also propose to conduct a meeting with the potential candidates to answer any questions they may have relative to the upcoming campaign and general information about the City As part of the Candidate Binder, potential candidates are provided with a copy of the Code of Fair Campaign Practices (Attachment 3). The California State Legislature established the Code of Fair Campaign Practices (Division 20, Chapter 5, Elections Code) to give the voters guidelines in determining fair play and to encourage candidates to discuss issues fairly and openly. State law requires that the Code be given to candidates, but it is optional as to whether a candidate must sign and return as part of his/her nomination papers. Staff would ask the City Page 2 of 3 Council to consider the adoption of the proposed resolution (Attachment 4) encouraging candidates to abide by the Code of Fair Campaign practices. In accordance with past City Council direction, the City Clerk's Office will make complete Council Agenda Packets available free of charge during the election filing period to all candidates, once they have filed FPPC Form 501, Candidate Intention Statement, with the City Clerk. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Clerk will cause the posting, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California. ATTACHMENTS: 1. Resolution Calling for a General Municipal Election to be Held in the City of Dublin on November 2, 2010; Requesting the Alameda County Board of Supervisors to Consolidate the City of Dublin General Municipal Election with the Statewide General Election; and Authorizing Certain Procedural Matters 2. Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statement and the Costs Thereof for the General Municipal Election to be Consolidated with the Statewide General Election to be Held on Tuesday, November 2, 2010 3. Code of Fair Campaign Practices 4. Resolution Encouraging Candidates to Use the Code of Fair Campaign Practices Page 3 of 3 L ~~ RESOLUTION NO. XX -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **********~*~*** CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 2, 2010; REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL MATTERS WHEREAS, a General Municipal Election to be consolidated with the Statewide General Election is to be held on Tuesday, November 2, 2010, in and for the City of Dublin; and WHEREAS, certain actions are required in connection with said election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that the General Municipal Election to be held in the City of Dublin on November 2, 2010, is hereby called. BE IT FURTHER RESOLVED as follows: 1. The Alameda County Board of Supervisors is requested to consolidate the City of Dublin General Municipal Election with the Statewide General Election. 2. That the polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed. . 3. The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk, including the canvass of returns of the General Municipal Election 4. The City of Dublin shall pay to the Board of Supervisors of Alameda County its pro-rata share of the expenses for said election as jointly determined by the City of Dublin and the Board of Supervisors of Alameda County in accordance with the provisions of the Elections Code of the State of California. 5. The offices to be voted upon shall be: One (1) Mayor Two (2) Councilmembers Terms of office shall be: Mayor - 2 years Two Councilmembers - 4 years Page 1 of 2 ~• I-1 p ~ y ATTACHMENT 1 2 a~ ~ 6. The City Clerk is hereby directed to cause the posting, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California. 7. The City Clerk is hereby directed to obtain printing, supplies and services as required. 8. The City Clerk is hereby authorized to provide such other services and supplies in connection with said election as may be required by the statutes of the State of California. PASSED, APPROVED AND ADOPTEDthis 1st day of June, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor Page 2 of 2 3~~ RESOLUTION NO. XX - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **~*~*~********** ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 WHEREAS, Section 13307 of the Elections Code of the State of California specifies that the local agency for that election shall determine whether a charge shall be levied against the candidate for the Candidate's Statement and whether or not the limitation on words for such statement shall be increased from 200 to 400 words; and WHEREAS, Section 13307 of the Elections Code of the State of California further provides that a written statement of the regulations with respect to charges for handling, packaging and mailing shall be provided to each candidate or his/her representative at the time the nomination papers are received. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the following regulations pertaining to the General Municipal Election to be held in the City of Dublin on November 2, 2010: Section 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Dublin on November 2, 2010, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such 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. Such statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such 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. Spanish and Chinese Language. In compliance with 1992 amendments to the Federal Voting Rights Act of 1965 (Public Law 54-73, August 6, 1975), as applied to Alameda County, a Spanish and a Chinese translation of the candidate's statement shall be made available to anyone requesting the translations. Section 3. Payment. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statement filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance his/her prorated share as a condition of having his/her statement included in the voter's pamphlet. The City Clerk shall bill Page 1 of 2 ATTACHMENT 2 '`~~ each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. Section 4. In accordance with Election Code provisions, a tie vote shall be determined by lot. Section 5. The City Clerk shall provide each candidate or the candidate's representative with a copy of this Resolution at the time nomination petitions are issued. PASSED, APPROVED AND ADOPTEDthis 1st day of June, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor Page 2 of 2 Required to be grven to candidate Optional to be signed and returned ~~~ ~~d.J~ ~~ ~!'~~1'7 ~/iflll~/1~GiV ~R~i~ i ~~~a~ {Division 20, Chapter 5, Elections Cod~.) Cha~ter 6. F~ir Carnpaign ~rac~ices Articie 1. t~enera! Intent 20400. The Legislature here~y declares that the purpose of this chapter is to encaurage every candidate fior public affice in this state to subscribe to the Code of Fair Campaign Practices. It is the ultimate intent of the ~.egislature that every candidafe for public offica in this state who subscribes to it~e Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order t~at, after vigorousiy contested, but fair[y conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices wi~ich tend to prevent the full and free expression of the will of the voters. The purpose in creating the Code af Fair Campaign Practices is to give vaters guideNnes in determining fair play and to encourage candidates to discuss issues instead of untruths or distortions. ~ Article 2. Definitions 2Q42d. As used in this Chapter, "Code" means the Code of Fair Campaign Practices. Article 3. Code of ~'air Campaign Practices 20440. At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give tlie individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary. In the case of a committea making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary o# State shall provide a blank form and a copy of this chap~er to the individuaf filing, in accordance with Titfe 9(commencing with § B1000~ of the Government Code, an initial campaign statement on beha(f of the committee. The text of the Code shall read, as foflows: (See "CODE OF FAIR CAMPAtGN PRACTICES" on reverse side). 20442. The elsctions official shall accept, at all times prior to the efec#ion, a~l comp~eted forms which are properly subscribed to by a candidate #or public ofifice and shall re#ain therri for put~iic ihspection until 30 days af#er the election. 20443. Every code subscribed to by a candidate far public office pursuant to this cha~ier is a public record open for public inspection. 20444. In no event shall a candidate for public office be required to subscribe to or endorse the code. 0:1FORMSWamination DocumentslCode of Fair Campaign Practlces.doc 20U8! Revised 2606 ATTACHMENT 3 Required to be given to candidate Optiona! to be signad and returned "' ~~ CODE ~F FA1R C,AIUIIP~ICai~ PR~4C?'ICES There are basic principles of decency, honesty, and fair play which euery candidate ftir pubiic office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested bufi fairly conducted campaigns, our citizens may exercise their constitutional right to a free and ~tntrammeled choice and the will of the people may be fully and clearly expressed on the issues. TfiEREFORE: (1) I SMALL CONDUC'T my campaign openly anc! public[y, discussing the issues as I see them, presenting my record and policies wath sincerity and frankness, and craticizing without fear or favor the record and policies af my opponents or political parties that merit this criticism. {2) 1 SHAL.L t~OT USE OR PERMlT the use o# character c~efamation, whispering campaigns, libel, slander, ar scurrilous attacks on any candidate or his or her personal or family life. (3) I SHALL NOT USE OR PERMIT any appeal fo negative prejudice based on a candidate's actual or perceived race, religious creed, ealor, nafional origin, ancestry, physical disabifity, mental disability, medical condi~ion, mar~tal status, age, sexual orientation, sex, inc9uding gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code. (4) I SHALL NOT USE OR PERMiT any dishanest or unethicai practice that tends to corrupt or undermine our American system of free elections, or thaf hampers or prevents the fulf and free expression of the will of the voters including acts intended to hinder or prevent any eligibfe person from regisfering to vote, enrolling to vote, or voting. (5} ! SHALL NOT coerce election help or cart~paign contributions far myself or for any other candidate trom my employees. (6) I SHALL. ~MMEDIATELY AND PUBLICl.Y R~PU~IATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my oppor~ent, to the methods and tactics that I condemn. f shall accept responsibility to take firm action agaEns# any subordinate who violates any provision of this code or the laws governing elections. {7) I SHALL DEFEND AND UPHOLD the right of every qualified Arnerican voter tn ful! and equal participation in the electoral process. l, the undersigned, candidate for election to public office m the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemniy pledge myself to conduct my campaign in accordance with the above principles and pract~ces. . Signeture Date Printed Name Date of Efection o:1FORMS1Nomination Oocumems\Code oi Fair Campaign Practices.doc 2008 /~Aevised 2006 MC Elections ~~~~ RESOLUTION NO. XX - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~******~~** ENCOURAGING CANDIDATES TO USE THE CODE OF FAIR CAMPAIGN PRACTICES WHEREAS, it is desired by the Dublin City Council that candidates for the office of Dublin City Council ascribe to a code of ethics in conducting their campaigns; and WHEREAS, existing State law provides a form of such a code (CA Elections Code §20400) and the City's Election Officer (City Clerk) is required to distribute the form of the code to each person at the time he/she is issued papers evidencing an intention to be a candidate for City Council; and WHEREAS, the existing, State form of a Code of Ethics suggests the principles to which candidates for City Office should ascribe. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE THAT: 1. All persons intending to run for the office of City Council are encouraged to review and execute the Code of Fair Campaign Practices as codified in California Elections Code §20440, as set forth in Exhibit A attached hereto. PASSED, APPROVED AND ADOPTED this _ day of , 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 4