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HomeMy WebLinkAbout7.2 CampgnContribLmtAmnd .." ~ . e .-.;.. CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: september 13, 1993 SUBJECT: status Report on Campaign contribution Limitation Ordinance Amendment to Change Definition of "Election Period" Report Prepared by Elizabeth Silver, City Attorney and Kay Keck, City Clerk EXHIBITS ATTACHED: Agenda Statement from August 9, 1993 Meeting RECOKMBNDATX~: . Receive Report Provide policy direction to Staff regarding amount of limitation for Office of Mayor and Office of Councilmember Direct Staff to schedule a public hearing for September 27th Council meeting to consider amendment to the Campaign contribution Limitation Ordinance FINANCIAL STATEMENT: None DESCRIPTION: On August 9, 1993, the City Council received a report regarding the city's Campaign contribution Limitation Ordinance (Dublin Municipal Code Chapter 2.28). Staff indicated that the ordinance was unclear with respect to whether the $300 limitation applied only to an election period or whether it applied during Itoff years". The Council indicated that it intended the $300 limitation to apply in each year and directed staff to return to the Council with an amendment to the ordinance to clarify the ordinance. In preparing a proposed amendment to the ordinance, the city Attorney concluded that, from a legal standpoint, it would be preferable to include a dollar limitation tied to an election, rather than for a fiscal year. This conclusion is based on court cases which have upheld contribution limitations in Federal elections (which are applied per election) whereas the state limitation (which is applied per fiscal year) has been found invalid. If the City's ordinance is amended to follow the Federal model, the limitation on contributions would apply to the election for a specific office. The question then arises whether the limitation for the office of Mayor (a 2-year term) and the office of councilmember (a 4- year term) should be the same. If the Council wishes in effect to prohibit contributions in excess of $300 per year, that would translate to a $600 limitation per election for the office of Mayor and a $1,200 limitation per election for the office of councilmember. Staff will prepare an amendment to the ordinance to provide a limitation on contributions per election. Staff requests that the Council provide direction regarding the amount of the limitation for the office of Mayor and the office of Councilmember. ---------------------------------------------------------------------- ITEM NO. $.. 2 COPIES TO: CITY CLERK FILE ~ .' ~ e -- 4.- CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 9, 1993 SUBJECT: Campaign contribution Limitation Ordinance Request for Policy Clarification Report by Elizabeth silver, City Attorney and Kay Keck, City Clerk EXHIBITS ATTACHED: 1) Dublin Municipal Code Chapter 2.28 campaign contributions (Ordinance No. 21-87 adopted March 23, 1987) 2) Memorandum from City Attorney dated August 2, 1993 3) Verification Form indicating compliance with Ordinance No. 21-87 RECOMMENDATION: . Review and provide policy direction in order for Staff to appropriately administer the provisions of the campaign Contribution Limitation Ordinance . If Ordinance is amended, direct Staff to schedule a public hearing at a future Council meeting. FINANCIAL STATEMENT: None DESCRIPTION: A question was recently raised related to the ability of a Councilmember to accept campaign contributions during a non-election period. In reviewing the provisions of the city's Campaign Contribution Limitation Ordinance which was adopted in March of 1987, it became unclear as to the intent of the Council with regard to whether the $300 limitation applied only to an election period, and/or if contributions limitations would revert to the state limit of $1,000 during an off-election year, and/or if contributions were not to be accepted during an off-election year. Dublin's code currently states that a candidate cannot receive any contribution totaling more than $300 from any person during any election periOd. An election periOd is defined as beginning on July 1st of a municipal election year, and ending June 30th following an election. As is pointed out in the City Attorney's Memo, there is no restriction on an individual's use of his or her own money at any time. Chapter 2.28 may be amended by the Council to apply the $300 or any other dollar limitation during an "election period" and during the "off year" or to make it clear that contribution limitations, if any, in state law apply during "off years". Currently, the state has a $1,000 limitation. Because the code is silent on contributions during an off-election period, Staff requests that the Council provide direction in order that the Ordinance can be appropriately administered. Should the Council desire to amend the Ordinance, it would be appropriate to direct Staff to draft the language and schedule a public hearing at a future meeting. " , ..'\ ---------------------------------------------------------------------- COPIES TO: ITEM NO. g~;c