HomeMy WebLinkAbout8.1 General Municipal Electionor
19 82
/ii � 111
DATE:
TO:
STAFF REPORT
CITY COUNCIL
June 3, 2014
Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: General Municipal Election — November 4, 2014
Prepared by Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
CITY CLERK
File # 630 -20
The City Council will consider requesting the Alameda County Board of Supervisors consolidate
the City of Dublin General Municipal Election with the Statewide General Election (Attachment
1). The next Municipal Election will be on Tuesday, November 4, 2014. Offices to be voted on
shall be one (1) Mayor and two (2) Councilmembers. The Mayor serves a two -year term and
Councilmembers serve four -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.
FINANCIAL IMPACT:
Sufficient funds to pay for the election will be budgeted in the FY 2014 -15 Election Budget.
RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt a Resolution Calling for a General Municipal
Election to be Held in the City of Dublin on November 4, 2014; Requesting the Alameda County
Board of Supervisors Consolidate the City of Dublin General Municipal Election with the
Statewide General Election and Authorizing Certain Procedural Matters; 2) Adopt a 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 4, 2014; and 3) Affirm Resolution
Encouraging Candidates to Use the Code of Fair Campaign Practices.
F 7
Submitted By
City Clerk /Records Manager
'\ Reviewed By
Assistant City Manager
Page 1 of 3 ITEM NO. 8.1
DESCRIPTION:
The next Municipal Election in the City of Dublin will be on Tuesday, November 4, 2014. Offices
to be voted on are one (1) Mayor and two (2) Councilmembers. The Mayor serves a two -year
term and Councilmembers serve four -year terms.
The first day candidates may take out and file nomination papers will be Monday, July 14, 2014.
The last day to file the nomination papers will be Friday, August 8, 2014. 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 (Attachment 2).
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. Based on the last
three elections, the average cost to a candidate for publishing his or her statement of
qualification was $294. Notification has been received from the Alameda County Recorder's
Office that, in addition to the population -based required translation of candidate statements
(Spanish and Chinese), translation into two additional languages (Tagalog and Vietnamese) is
required. Therefore, Staff is recommending a deposit of $750 be paid in advance by candidates
to cover publishing costs, based on a 200 -word statement, and additional language translation
costs. Any difference would either be refunded to the candidate or recovered after the election.
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 14 — August 8, 2014, and includes information such 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 has set a tentative date of June 19, 2014, for a pre- nomination period meeting (start time
6:30 p.m.) for any Dublin resident interested in becoming a candidate. The meeting will discuss
the items outlined above, general information about the City and any issue(s) requested by the
City Council and /or the City Manager. 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 any general information requested by the City
Council and /or City Manager.
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
Page 2 of 3
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. In 2010, the City Council
adopted a resolution (Attachment 4) encouraging candidates to abide by the Code of Fair
Campaign practices, and is now being asked to affirm the resolution.
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 4, 2014; Requesting the Alameda
County Board of Supervisors 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 Statements and the Costs Thereof for the
General Municipal Election to be Consolidated with the Statewide
General Election to be Held on Tuesday, November 4, 2014
3. Code of Fair Campaign Practices
4. Resolution re Fair Campaign Practices
Page 3 of 3
RESOLUTION NO. XX - 14
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 4,2014;
REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS
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 4, 2014, 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 4, 2014, 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. on 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
Reso No. XX -14, Adopted 6 -3 -14, Item X.X Page 1 of 2
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 ADOPTED this 3rd day of June, 2014, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso No. XX -14, Adopted 6 -3 -14, Item X.X Page 2 of 2
RESOLUTION NO. XX - 14
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 4, 2014
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 4, 2014:
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 4, 2014, 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, Chinese, Tagalog, and Vietnamese 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, a Chinese, a Tagalog, and a Vietnamese
translation of the candidate's statement shall be made available to anyone requesting the
translations.
Reso No. xx -xx, Adopted XX- XX -XX, Item x.x Page 2 of 2 ATTACHMENT 2
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
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 ADOPTED this
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
day of June, 2014, by the following
Mayor
Reso No. xx -xx, Adopted XX- XX -XX, Item x.x Page 2 of 2 ATTACHMENT 2
Required to be given to candidate
Optional to be signed and returned
CODEUIC"W FAIR CAMPAIGN TI
(Division 20, Chapter 5, Elections Code.)
Chapter 5. Fair Campaign Practices
Article 1. General Intent
20400. The Legislature hereby declares that the purpose of this chapter is to encourage every
candidate for public office in this state to subscribe to the Code of Fair Campaign Practices.
It is the ultimate intent of the Legislature that every candidate for public office in this state
who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency,
honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the
citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical
practices which tend to prevent the full and free expression of the will of the voters.
The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines
in determining fair play and to encourage candidates to discuss issues instead of untruths or
distortions.
Article 2. Definitions
20420. As used in this Chapter, "Code" means the Code of Fair Campaign Practices.
Article 3. Code of Pair 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 the 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 committee making an independent expenditure, as defined in Section
82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this
chapter to the individual filing, in accordance with Title 9 (commencing with § 81000) of the
Government Code, an initial campaign statement on behalf of the committee.
The text of the Code shall read, as follows: (See "CODE OF FAIR CAMPAIGN
PRACTICES" on reverse side).
20442. The elections official shall accept, at all times prior to the election, all completed forms
which are properly subscribed to by a candidate for public office and shall retain them for public
inspection until 30 days after the election.
20443. Every code subscribed to by a candidate for public office pursuant to this chapter is a
public record open for public inspection.
20444. In no event shall a candidate for public office be require_ d to subscribe to or endorse the
code.
O:IfORMSWoWnation Doc"menlslCodo of l=air Campaign Practices.doc
2008 / Revised 2006 VG Elecuons
Required to be given to candidate
Optional to be signed and returned
There are basic principles of decency, honesty, and fair play which every candidate for
public office in the State of California has a moral obligation to observe and uphold in order that,
after vigorously contested but fairly conducted campaigns, our citizens may exercise their
constitutional right to a free and untrammeled choice and the will of the people may be fully and
clearly expressed on the issues.
(1) 1 SHALL CONDUCT my campaign openly and publicly, discussing the issues as I
see them, presenting my record and policies with sincerity and frankness, and criticizing without
fear or favor the record and policies of my opponents or political parties that merit this criticism.
(2) 1 SHALL NOT USE OR PERMIT the use of character defamation, whispering
campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life.
(3) 1 SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a
candidate's actual or perceived race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including
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) 1 SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to
corrupt or undermine our American system of free elections, or that hampers or prevents the full
and free expression of the will of the voters including acts intended to hinder or prevent any eligible
person from registering to vote, enrolling to vote, or voting.
(5) 1 SHALL NOT coerce election help or campaign contributions for myself or for any
other candidate from my employees.
(6) 1 SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any
individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent,
to the methods and tactics that I condemn. I shall accept responsibility to take firm action against
any subordinate who violates any provision of this code or the laws governing elections.
(7) 1 SHALL DEFEND AND UPHOLD the right of every qualified American voter to full
and equal participation in the electoral process.
I, the undersigned, candidate for election to public office in the State of California or
treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily
endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the
above principles and practices.
Signature Date
Printed Name
Date of Election
O:IFORMSkNominalion Documenfs\Code of Fair Campaign Piactices.doc
2008 T Revised 2006 MC Elections
RESOLUTION NO. 85 -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 1St day of June, 2010, by the following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTE : %%
City Clerk
Reso No. 85 -10, Adopted 6 -1 -10, Item 8.2 Page 1 of 1
Mayor
Required to be given to candidate Optional to be signed and returned 5��
CODE OF FAIR CAMPAIGN PRACTICES
(Division 20, Chapter 5, Elections Code.)
Chapter 5. Fair Campaign Practices
Article 1. General Intent
20400. The Legislature hereby declares that the purpose of this chapter is to encourage every
candidate for public office in this state to subscribe to the Code of Fair Campaign Practices.
It is the ultimate intent of the Legislature that every candidate for public office in this state
who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency,
honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the
citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical
practices which tend to prevent the full and free expression of the will of the voters.
The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines
in determining fair play and to encourage candidates to discuss issues instead of untruths or
distortions.
Article 2. Definitions
20420. As used in this Chapter, "Code" means the Code of Fair Campaign Practices.
Article 3. Code of Fair 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 the 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 committee making an independent expenditure, as defined in Section
82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this
chapter to the individual filing, in accordance with Title 9 (commencing with § 81000) of the
Government Code, an initial campaign statement on behalf of the committee.
The text of the Code shall read, as follows: (See "CODE OF FAIR CAMPAIGN
PRACTICES" on reverse side).
20442. The elections official shall accept, at all times prior to the election, all completed forms
which are properly subscribed to by a candidate for public office and shall retain them for public
inspection until 30 days after the election.
20443. Every code subscribed to by a candidate for public office pursuant to this chapter 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.
OiFORMSWomination DocumantslCode of Fair Campaign Practices.doc
2008 / Revised 2608
ATTACHMENT 3
Required to be given to candidate Optional to be signed and returned to O I
CODE OF PAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair play which every candidate for
public office in the State of California has a moral obligation to observe and uphold in order that,
after vigorously contested but fairly conducted campaigns, our citizens may exercise their
constitutional right to a free and untrammeled choice and the will of the people may be fully and
clearly expressed on the issues.
THEREFORE:
(1) 1 SHALL CONDUCT my campaign openly and publicly, discussing the issues as I
see them, presenting my record and policies with sincerity and frankness, and criticizing without
fear or favor the record and policies of my opponents or political parties that merit this criticism.
(2) t SHALL NOT USE OR PERMIT the use of character defamation, whispering
campaigns, libel, slander, or scurrilous attacks on anycandidate or his or her personal orfamily life.
(3) 1 SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a
candidate's actual or perceived race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including
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) 1 SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to
corrupt or undermine our American system of free elections, or that hampers or prevents the full
and free expression of the will of the voters including acts intended to hinder or prevent any eligible
person from registering to vote, enrolling to vote, or voting.
(5) t SHALL NOT coerce election help or campaign contributions for myself or for any
other candidate from my employees.
(6) 1 SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any
individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent,
to the methods and tactics that I condemn. I shall accept responsibility to take firm action against
any subordinate who violates any provision of this code or the laws governing elections.
(7) 1 SHALL DEFEND AND UPHOLD the right of every qualified American voter to full
and equal participation in the electoral process.
1, the undersigned, candidate for election to public office in the State of California or
treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily
endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the
above principles and practices.
Signature Date
Printed Name
Date of Election
0APORMSNominatlon DocumenlslCode of Fair Campaign Practices.doc
2008 /Revised 2006
MC Elections