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HomeMy WebLinkAboutReso 1990-15765 RESOLUTION NO. 15765 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COUNCIL POLICY REGARDING CITY PARTICIPATION IN POLITICALLY-RELATED EVENTS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, staff occasionally receives requests from various political candidates for, or office holders of, federal, state or county offices to use city facilities for events that are at least partially politically motivated; and WHEREAS, staff has used its professional discretion in responding to these requests, but making these determinations can be difficult; and WHEREAS, the attached proposed policy has been drafted to provide general guidelines for the City Manager to follow in determining whether to authorize city participation in a politically-related event as well as the types of conditions the City Manager may impose on such events. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the attached Council Policy regarding City participation in politically-related or politically motivated events. Presented by Approved as to form by Resolution No. 15765 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of August, 1990 by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss ABSTAIN: Councilmembers: None ATTEST: rly ~. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15765 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 14th day of August, 1990. Executed this 14th day of August, 1990. '<' Authele~, Cit~ Clerk Resolution No. 15765 COUNCIL POLICY CITY OFCHULAVISTA SUBJECT POLICY EFFECHVE OFFICIAL CITY PARTICIPATION IN NUMBER DATE, PAGE POLITICALLY-RELATED OR POLITICALLY MOTIVATED EVENT 103-01 08-14-90 1 of 3 ADOPTED BY: Resolution No. 15765 DATED: 08-14-90 BACKGROUND The City Council hereby finds that there occurs, from time to time, requests from various political candidates for, or officeholders of, federal, state or county office ("Politicals") to meet with City officers and/or staff in conjunction with some public recognition of the meeting, take tours of City facilities or locations within the City, or conduct photographic opportunities in or in front of various City facilities or at locations within the City limits of Chula Vista, or for community debates or for receipt of community input, all of the foregoing of which are for reasons that are, or may appear, in whole or in part, politically-related or politically-motivated ("Politically Motivated Event", or "PME"). Any request for use of a City facility by a Political which will or may result in public recognition of the use shall be presumed to be a Politically Motivated Event. The City Council further finds that, regardless of the benefits that may accrue to the Political, there are certain benefits that may accrue to the People of the City of Chula Vista by the City's participation in such a PME, which may include, but are not limited to, the following types of benefits: 1. A significant Political may develop a better appreciation of the City of Chula Vista, and/or its various needs. 2. A significant Political may develop a stronger commitment to advance the interests of the City of Chula Vista. 3. The City Image and/or City Name may be enhanced as a result of the PME. 4. The City may be identified as a recipient of a grant or other pecuniary arrangement (e.g., federal loan program, etc.) as a result of the PME, or has been identified as a recipient which is being publicly announced or recognized at the PME. 5. Aside from the political motivation that may exist for the event to occur, the event may have some significant overriding civic, cultural or educational value to the residents of the City of Chula Vista, or a significant portion of them. However, in establishing this policy, it is not the intent of the City Council to advance any partisan office or philosophy, and it is specifically the intent of the Council that the City's official Resolution No. 15765 COUNCIL POLICY CITY OF CHULA VISTA SUBJEC'F POLICY NUMBER DATE PAGE OFFICIAL CITY PARTICIPATION IN POLITICALLY-RELATED OR POLITICALLY MOTIVATED EVENT 103-01 08-14-90 2 of 3 ~J)OI~B¥: Resolution No. 15765 DAT~_D: 08-14-90 participation in any PME shall not be determined or conducted on a partisan basis. POLICY The City Manager, or his designee, is hereby designated as the proper City official for the purpose of determining if a PME proposed by a Political shall receive the official participation of the City ("Official City Participation") at the meeting. In determining if ap6tential PME is, or may be, one of benefit to the City, the City Manager shall weigh the aforemen- tioned potential benefits against any adverse consequences to the City, including, but not limited to the following potential consequences: A. SeCurity of public persons, facilities, or custodial charges--that is to say, jeopardy to health, safety and welfare. B. Disruption of City business--including, waste of resources. C. Avoiding the appearance of support or endorsement by City of the Applicant's content, philosophy or candidacy. D. Costs to the City for security, monitoring, preparations and clean-up, administrative review, etc. E. Public perception of fairness in access to the public forum. Upon designation of a PME as one in which the City may officially participate ("Official City Participation"), the City Manager is authorized to do all or any of the following: 1. Designate and reserve City equipment and facilities, or parts of City facilities, or areas of the City, for use for the PME. 2. Set aside staff of the City for participation in the PME, but care should be taken, in exercising this authority, to counterbalance the appearance of support or endorsement by the City of the Political's position, philosophy or candidacy. No staff member shall be required to participate in a PME against their will unless the participation is work of the type contained within their normal job duties and description and their participation does not give the Political any greater credence (compare a police officen controlling Resolution No. 15765 COUNCIL POLICY CITY OF CHULA VISTA SUBJEC7 POI/CY E~C~ OFFICIAL CITY PARTICIPATION IN NI]IVil)FR DATE PAGE POLITICALLY-RELATED OR POLITICALLY MOTIVATED EVENT 103-01 08-14-90 3 of 3 ADOPI~BY: Resolution No. 15765 DA~: 08-14-90 traffic at a Political procession versus a police officer participating in a Police group discussion). 3. Impose such conditions on the PME as he deems appropriate in order to meet the direction and guidelines herein established, which conditions may include, at his discretion, the following: a. Insurance protecting the City from liability. b. Indemnity provisions protecting the City from liability. c. Police, or police-type security. d. Compliance of the Applicant with previously established rules which the City Manager may promulgate. e. Fees for the recovery of costs, and advance deposits to recover said fees. f. Time, place and manner restricti'ons protecting the City or the expectationof other citizens and residents. The City Manager's decision shall not be made on the basis of partisan political preference or partisan phi!osophy. The City Manager shall report to the Council members each time he has deliberated upon and granted Official City Participation to a PME. Reconciliation with Other Policies. A. Library Meeting Rooms. Resolution No. 9117, establishing the policy for the use of Library meeting rooms shall continue in full force and effect, and shall have precedence to this policy. B. Other Policies. Any previously established policies of the City that are inconsistent with this policy shall be suspended temporarily, and the two or more inconsistent policies shall be brought to the attention of the City Council as soon thereafter as possible. C. City Council Meetings. The policy shall not be interpreted to exclude anyone from speaking to the City Council at one of its meetings regarding an item on the agenda, or from placing an item on the agenda under Written Communications, or from speaking to the Council during 0ral Co~eunications.