MEETING DATE:
OCTOBER 14, 2014
SUBJECT:
Title
ORDINANCE NO. 2014-1402 - CONSIDERATION OF AN ORDINANCE AMENDING SECTION 2.16.070 OF THE SAN MARCOS MUNICIPAL CODE TO PROVIDE CONSISTENCY IN THE EXEMPTION OF MONEY OR PROPERTY THAT CANDIDATES MAY CONTRIBUTE, LOAN TO OR EXPEND ON BEHALF OF THEIR OWN CAMPAIGNS FROM CAMPAIGN AND VOTING CONTROLS
Body
Recommendation
Recommendation
INTROUDCE Ordinance, which amends Section 2.16.070 of the San Marcos Municipal Code (SMMC) to provide consistency in the exemption of money or property that candidates may contribute, loan to or expend on behalf of their own campaigns from the campaign and voting controls of SMMC Chapter 2.16.070.
Body
Board or Commission Action
Not Applicable.
Relevant Council Strategic Theme
Good Governance
Introduction
The proposed Ordinance amends Section 2.16.070 of the SMMC to exempt limitations on money or property that a candidate may contribute, loan to or expend on behalf of his or her own campaign from campaign contribution and voting restrictions which prohibit Councilmembers from making, participating in making or attempting to influence any government decision or action that will have a reasonably foreseeable material financial effect on the candidate.
Discussion
Chapter 2.16 of the SMMC (Controls on Campaign Contributions) restricts campaign contributions made to candidates from others to specified maximum amounts, and imposes voting restrictions on candidates who receive contributions, loans or expenditures in excess of specified amounts.
SMMC Section 2.16.030, which was amended in 2013, provides that campaign contributions are not to exceed $250, except that political parties may currently contribute $500. Subdivision (f) of that Section expressly excepts out monies that a candidate may contribute, loan to or expend on behalf of his or her own campaign.
It appears that when SMMC Section 2.16.030 was amended, the exception language was not carried through to other portions of Chapter 2.16. Specifically, section 2.16.070 does not expressly include similar exemption language. This means that those City Councilmembers who have loaned or contributed to their own campaigns, or have made expenditures on behalf of their campaigns, in the amount of $100 or more within the last 12 months, are currently unable to vote on their own appointments to positions such as NCTD, SANDAG or other commissions if such appointments will have a material financial effect on their own finances.
Unlike the SMMC, the Political Reform Act does not characterize the receipt of campaign contributions as the basis for a conflict of interest requiring disqualification by a public official, except with respect to certain public officials who make decisions involving licenses, permits or other entitlements for use (i.e. planning commissioners), and even then it is only as to contributions of $250 or more. City Councilmembers are expressly exempt from such campaign contribution prohibitions under the Political Reform Act when they are acting as members of the agency to which they are elected.
The Fair Political Practices Commission (FPPC) recently modified its regulations to permit Council Members to vote on their internal appointments to positions on joint powers authorities and other regional boards and appointments carrying stipends such as NCTD and SANDAG, subject the filing and posting of a report by the City. Additionally, the General Counsel's Office for the Fair Political Practices Commission (FPPC) recently interpreted the FPPC regulations to allow the City Council to vote on their own appointments when incumbent candidates run uncontested pursuant to California Elections Code Section 10229(a).
Without the proposed modifications to Section 2.16.070 of the SMMC, those Councilmembers who contributed, loaned to or expended on behalf of their own campaigns would still be prohibited from voting on their own internal Council appointments irrespective of revisions to other sections of the same SMMC Chapter which exempt such contributions, loans and/or expenditures, and irrespective of FPPC provisions allowing such votes to occur. Staff recommends that the Council consider modifying Section 2.16.070 of the SMMC to expressly exempt money or property that a candidate may contribute, loan to or expend on behalf of his or her own campaign from the campaign and voting restrictions contained in that code section, to make it consistent with the revisions previously made to Section 2.16.030, and with the position of the Fair Political Practices Commission and its Political Reform Act regulations.
Fiscal Impact
No fiscal impact is anticipated as a result of approving the proposed Ordinance.
Attachment(s)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING SECTION 2.16.070 OF THE SAN MARCOS MUNICIPAL CODE TO PROVIDE CONSISTENCY IN THE EXEMPTION OF MONEY OR PROPERTY THAT CANDIDATES MAY CONTRIBUTE, LOAN TO OR EXPEND ON BEHALF OF THEIR OWN CAMPAIGNS FROM CAMPAIGN AND VOTING CONTROLS
Prepared by: Helen Holmes Peak, City Attorney
Approved by: Jack Griffin, City Manager