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Home My WebLink About2003-09-23 - AGENDA REPORTS - CAMP CONTRIBUTION LIMITATIONS (2)UNFINISHED BUSINESS Agenda Item: — Qr— CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: Councilmember Ferry DATE: September 23, 2003 SUBJECT: CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE DEPARTMENT: City Manager RECOMMENDED ACTION City Council introduce and pass to second reading the attached ordinance amending Santa Clarita Municipal Code Chapter 7.02, Campaign Contribution Limitations and Disclosure. fe1:��1Kf1:Z�lU►1�7 On July 8, 2003, at the request of Councilmember Frank Ferry, the City Council reviewed Santa Clarita Municipal Code Chapter 7.02 relating to campaign contribution limitations and disclosure requirements. The Council, for purposes of discussion, directed staff to return after the summer hiatus with proposed revisions to the municipal code. Existing state law outlines campaign contribution and disclosure requirements which candidates for state and local elective office must comply. Local jurisdictions may enact ordinances which are more restrictive than state law for elective office of the particular local jurisdiction. For example, the Santa Clarita City Council may enact more stringent regulations for candidates seeking City Council seats but not for any other jurisdiction. In the absence of more restrictive campaign contribution and disclosure measures enacted by a local jurisdiction, state law shall prevail as the governing regulations. In 1992, the City Council enacted campaign contribution limitations and disclosure requirements more stringent than those required under the California Political Reform Act. Under state law contributors may give an unlimited amount to local candidates for elective public office. Furthermore, state law requires the specific disclosure by contributor of campaign contributions of $100 or more and also permits individuals to make anonymous contributions totaling less than OreO;rvotCe-- SS`�O SPe�3rceP ��G�.Er�zq $100 per year. The Santa Clarita Municipal Code, as contained within Chapter 7.02, presently permits individual contributions of $250 per election contest. The municipal code also provides for candidates to itemize on disclosure forms the names, addresses and employers of individuals who contribute $50 or more. The local code also allows individual, anonymous contributions of $50, but limits campaigns to receiving a maximum of $200 in anonymous contributions. The more stringent requirements contained within the Santa Clarita Municipal Code create disparate political environment within the Santa Clarita Valley. For example, candidates seeking office as Members of the City Council may only accept individual contributions totaling $250 from an individual per election contest. However, candidates for office as a governing board member of the Castaic Union School District, Newhall School District, Saugus Union School District, William S. Hart Union High School District, Santa Clarita Community College District, Newhall County Water District or Castaic Lake Water Agency may receive individual contributions of unlimited amounts. Existing state law does not restrict the amount of campaign contributions which candidates for elected office of these jurisdictions may receive and none of these jurisdictions has enacted more restrictive limits. The proposal which the City Council requested, as the starting point for discussion, would require the following: 1. The individual limit of $250 would be raised to $1,000 per election contest. This would still be more restrictive than state law provides. 2. The threshold for itemizing contributions on campaign reports would be increased from $50 to $100 in conformance with state law and generally accepted practice. 3. Individual, anonymous contributions would be increased from $50 to $100, in keeping with state law. However, the Santa Clarita Municipal Code requirement limiting overall anonymous contributions to a maximum of $200 would be retained. Proponents of revised campaign contribution limitations and disclosure requirements argue: 1. Increasing individual campaign contribution limits will place candidates for City Council on closer footing, though still more restrictive, with candidates seeking other local, elected offices throughout the Santa Clatita Valley. 2. The $1,000 individual proposed limitation and other disclosure requirements are more restrictive than "no limits" under state law, which many jurisdictions currently follow. 3. State and local election law requires full disclosure of the names, addresses and employers of campaign contributors, thus providing the electorate public information upon which to make an informed choice regarding contributors to individual City Council candidates. Opponents of revised campaign contribution limitations and disclosure requirements argue: 1. Increasing the individual campaign contribution limits may provide an environment where candidates for City Council are beholding to individuals or entities of more substantial financial means. 2. Existing local limitations have worked well and enabled smaller contributors to participate on a more equal footing with larger financial interests. 3. The $1,000 limit is too high, but an increase from $250 to a higher level per individual contribution may be a compromise allowing an increase in contribution limits, while not creating a disadvantage to many smaller contributors. It appears that changing the itemization threshold from $50 or more per individual contribution to $100 or more per individual contribution is non -controversial, as it is conformance with state law and generally accepted practice. Many individuals prefer to give $99, or an amount under the individual itemization threshold, for a variety of reasons. Under the existing municipal code, a person may give $99 thinking that it will not be publicly reported listing the donor's name only to find that it is, due to the City's more restrictive $50 itemization level. Anonymous contributions would be in conformance with state law only as to allowing a $100 anonymous contribution. The more restrictive $200 overall anonymous donation total would remain in effect as outlined under existing local code. ALTERNATIVE ACTIONS 1. Amend Santa Clarita Municipal Code Chapter 7.02 campaign contribution limitations and disclosure requirements to amounts other than proposed in the draft ordinance. 2. Amend specific sections of Santa Clarita Municipal Code Chapter 7.02 and retain other portions as currently exist. 3. Not amend any portion of Santa Clarita Municipal Code Chapter 7.02. 4. Other direction as determined by the City Council. FISCAL IMPACT All City Attorney, City Clerk, and other staff time plus collateral materials resulting from changes to the Santa Clarita Municipal Code, as outlined in this agenda item, are contained within the adopted 2003/04 City Budget and will not require additional fiscal resources. ATTACHMENTS Proposed Ordinance Campaign Contribution Limitations & Disclosure Survey — 2003 AGENCY POPULATION CONTRIBUTION LIMIT REPORTING LIMIT Santa Clarity Community College District No limits $100 Wm. S. Hart High School District No limits $100 Castaic Union School District No limits $100 Newhall Union School District No limits $100 Saugus Union School District No limits $100 Sulphur Springs Union School District No limits $100 Castaic Lake Water Agency No limits $100 Newhall County Water District No limits $100 Santa Barbara 92,500 No limits. $100 Bakersfield 257,914 No limits $100 Berkeley 104,603 No limits $50 Camarillo 63,913 No limits $100 Citrus Heights 137,739 No limits $100 Garden Grove 169,212 No limits $100 Glendale 203,734 No limits $100 Lancaster 132,402 No limits $100 Norwalk 104,500 No limits $100 Palmdale 116,670 No limits $100 Pismo Beach 8,600 No limits $100 Port Hueneme 23,500 No limits $100 Simi Valle 117,983 $1,000 $250 Anaheim 336,316 $1,000 $1 Los Angeles 3,823,000 $1,000 $100 Irvine 164,900 $360 $100 Long Beach 457,000 $300 for Council $400 for Attorney & Prosecutor $600 for Mayor $100 Ventura 103,505 $275 $25 Hayward 144,304 $250 voluntary otherwise $1,000 $100 Santa Monica 96,500 $250 per individual $100 Thousand Oaks 120,744 $250 $25 Agoura Hills 22,150 $250 $5 Burbank 106,500 $250 $50 San Luis Obis o 43,050 $100 per person $25 SWSWPM�aign\Car,Waign_Regulafiom Survry_2MMOC