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Home My WebLink About1989/06/06 Charter Review Commission Minutes . ~ " . . .. Jennie Fulasz City Clerk MINUTES OF THE CHARTER REVIEW COMMITTEE June 6, 1989 City Attorney's Library 6:30 p.m. ------------------------------------------------------------------ Members Present: Chairman Campbell, Members Mary Frances Click, Carlos Batara, John Dorso, and Sharon Reid Members Absent: Members Susan Fuller, and Jack Blakely Staff Present: Assistant City Attorney D. Richard Rudolf Chairperson Campbell called the meeting to order at 6:31 p.m. and received a brief report from the Assistant City Attorney regarding verification that Government Code Section 84211 requires reporting by campaign treasurers of all political contributions received during particular reporting periods, including cumulative totals from individual contributors in excess of $100. The minutes for the meeting of May 18 were approved on motion of Member Click, seconded by Chairperson Campbell, Members Reid and Dorso abstaining due to absence from that meeting. The Commi ttee then reviewed the staff memo and the draft A-113 and proposed ordinance for City Council consideration making amendments to the existing City campaign contribution ordinance. The Committee agreed with the pros and cons listed in the staff memorandum with regard to potential deletion of .employees. from the aggregation provision in proposed new Section 2.52.165. MSUC (Reid/Click) to delete .employees. from the aggregation provision. The Commi ttee next discussed the staff recommendation to expand the disqualification period to include the full period between the receipt of the contribution through the term of office to which the candidate is ultimately elected. Member Reid was concerned that under the provision, all five members of the Council might be disqualified. The Assistant City Attorney pointed out that in the event, the Political Reform Act provisions would require drawing straws among those disqualified to requalify a sufficient number of people to act on the proposal -before the Council. Member Click was concerned that the members be disqualified at all and felt that Proposition 73 took care of any early start on campaign collections by candidates. Member Batara felt that the twelve month line in the existing provision was arbitrary, and that it was possible for the campaign to obtain money prior to that twelve month prohibition. He felt the whole purpose of the campaign finance regulating laws were to expose or prevent the .quid pro quo. contributions and that the twelve month line did not adequately prevent that. Member Campbell felt that it was not fair to have the disqualification . ,0'1' . . .,. 6/6/89 Minutes Page Two run the entire election period and felt that the ordinance could be changed from its current provision if a problem developed during the course of its lifetime. Member Reid moved and Member Dorso seconded the recommendation of staff to expand the disqualification period to include the full period between the receipt of the contribution through the term of office to which the candidate is elected and the motion passed 3-2 with Members Click and Campbell voting no. The Committee next discussed the staff recommendation to support the suspension of the $250 campaign contribution limit if a candidate's personal campaign expenditures exceeded a certain threshold amount, combined wi th a requirement of abstention for the full term of office. Member Batara was in favor of the concept in general, but fel t that if the County ordinance was followed that the fifteen day notice to opponents was not sufficient time for the opponents to capitalize on the absence of the lid and obtain sufficient funds to combat the infusion of personal of the opposing candidate. Member Campbell fel t that the proposal severely undercut the whole purpose of the ordinance and the $250 limit. Member Reid indicted that only one candidate with sufficient personal funds was necessary to skew the entire election process for that position, and that some kind of provision to prevent that skewing was necessary. Member Click felt that the proposal would not really level the playing field, and was joined in that concern with Member Batara who felt there were too many variables involved besides personal fortune to just focus on that aspect in attempting to level the playing field for the candidates. MSUC (Reid/Batara) to recommend to the City Council that the $250 contribution limit not be lifted in the event of substantial money of the candidate invested in his or her own campaign, but instead that there be a notice provision, similar to the one in the County ordinance, giving the other candidates notice of the candidates intent and actual deposit of personal funds in excess of $5,000 in the candidate's campaign contribution checking account at least sixty days prior to the election, so that the other candidates will have a more substantial time period to try to obtain sufficient combating funds, albeit limited to the $250 amount, .and the public will be informed of the substantial infusion of personal funds. The business of the Charter Review Committee having been concluded, the meeting was adjourned by Chairperson Campbell at 7:50 p.m. Respectfully submitted, 5794a