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HomeMy WebLinkAbout1988/09/12 Charter Review Commission Minutes I I e . . .. ( ( MINUTES OF THE CHARTER REVIEW COMMITTEE September 12, 1988 Council Conference Room 7:00 p.m. ------------------------------------------------------------------- Members Present: Chairman Campbell, Members Susan FUller, Jack Blakely, John Dorso, Sharon Reid (arrived at 7:40 p.m.), Carlos Batara (arrived at 7:25 p.m.), and Mary Frances Click (left at 7:40 p.m.) Members Absent: None Staff Present: City Attorney Tom Harron The Chairman called the meeting to order at 7:05 p.m. MSUC ( Fuller/Blakely) to approve the minutes of the meeting of August 8, 1988. CAMPAIGN CONTRIBUTION LIMITS Chairman Campbell proposed that the Committee try to reach conclusions on the remalnlng issues at this meeting and take final action at its next meeting. The Chairman first focused on the amount of the campaign contribution limit and suggested that it be $250. He noted that the Committee has used this figure in its discussions and that the amount seems reasonable. Member Click suggested that the amount be higher. She noted that $250 was originally adopted in the Political Reform Act in 1974 and everything else has quadrupled. She pointed out that Proposition 73 has a $1000 per year limit and suggested that if $1000 is too much, she could go along wi th a figure of $500. Member Fuller noted that no other ci ty in the county has increased the 1 imi t over $250. Member Blakely stated that he would prefer a lower figure, but would accept $250. He noted that $250 is a lot of money for the average' person to contribute. In 1974, it was far beyond the range of most individuals. Today, an average person could give it, but it is still a lot. Member Fuller moved that the limit be set at $250 per person. Member Dorso seconded. Motion passed 5-0. BUSINESS CONTRIBUTIONS ..' Chairman Campbell stated that he had reversed his previous position in support of allowing business contributions and now supports a ban on the contributions. He expressed his concern over interlocking businesses and the difficulty in investigating and enforcing these cases. He fur ther pointed ou t that businessmen are not being disenfranchised, but can still contribute as individuals. Members Blakely and Fuller agreed. Member Fuller felt that the elimination of business contributions e . . ( ( Charter Review Minutes September 12, 1988 Page 2 makes the ordinance easier to moni tor and it is fair. Member Click stated that she was willing to go along with this if PACs were specifically included in the prohibi tion. Member Blakely moved that businesses not be allowed to contribute and that PACs be specifically included in the prohibition. Member Fuller seconded. Motion passed 6-0. LOANS Chairman Campbell noted that the main issue of concern of the Committee was the question of loans from a candidate to him or herself. Frank Scott expressed his concern that a ban or limit on these loans would impair the ability of a candidate to start up a campaign. Member Click reminded the Committee that when this item was discussed before, the Committee adopted the exception found in 3.6(C) of the model ordinance for loans from commercial institutions in the regular course of business. Member Blakely stated his concern that when a candidate loans money to him or herself, the candidate then goes look ing for contributors after the election to repay the loan. Member Click expressed her position that any loans of $100 or more should be in writing. The Chairman stated that he feels that the model ordinance is a little vague in this regard and should include specific language to limit loans from the candidate to him or her s.elf . He reques ted that the Ci ty Attorney prepare language for consideration by the Committee at its next meeting. The Chairman also stated that loans of $100 should not require a writing since they are already required to be reported under the Pol i tical Reform Act. The Chai rman moved that we delete 3.6 (B) from the model ordinance, which would have required a wri tten agreement beyond the reporting requirement with regard to loans. Member Dorso concurred in the motion. Member Fuller seconded it. The motion passed 6-0. ENFORCEMENT The Chairman expressed his support for the idea of a special counsel. Member Fuller stated that this should automatically be done in every election, at least 90 days in advance. City Attorney Harron explained that he would contact potential candidates for this position well in advance of any election. Member Reid moved that this special counsel should be retained on an annual basis well in advance of any election. Member Fuller seconded. The motion passed 6-0. ..' . . . ; . ( ( Charter Review Minutes September 12, 1988 Page 3 Member Batara raised the question of whether the Committee should suggest regulations to deal with campaign contributions which come in after the election is over. He suggested that the Committee tighten the amounts allowed after the election is over. Chairman Campbell stated that he didn I t want to penalize someone who is staying within the limits, even if the contribution is made after the election. Member Batara stated that an additional benefit of such a regulation would be to deter overspending by candidates. Member Blakely felt that this may not be a problem, given the regulations the Committee has already approved. The Committee agreed to consider this question further at its next meeting. The Committee discussed when the next meeting should take place, and determined that it should be in two weeks. The meeting adjourned at 8:21 p.m. to the meeting of September 26, 1988 at 7:00 p.m. in the Council Conference Room. 4670a ~wJ I Thomas J. 'af ron '---t'i ty At to(nfiy J ...