Loading...
SR-8-A (160) .- CA:RMM:lld086/hpc city council Meeting 9-23-86 .- 8-A SEP 2 3 19K Santa Monica, California STAFF REPORT TO: Mayor and city Council FROM: City Attorney SUBJECT: Ordinance Amending Sections 11208, 11212, 11213, and 11214 of the Santa Monica Municipal Code At its meeting on September 9, 1986, the City council directed the city Attorney to prepare an ordinance amending Municipal Code section 11213 relating to newsletters during election periods. In response to this direction, the accompanying ordinance has been prepared and is presented for City Council consideration. Currently, Municipal code section 11213 prohibits the distribution of any newsletter or similar matter within 68 days of a Municipal Election. The 68 day time period was established at a time when the Municipal Code established a similar deadline for the filing of nomination papers for local office. Since the City has consolidated its elections with statewide elections, the Municipal Code was amended to provide an 88 day deadline for the filing of nomination papers for local office. Elections Code section 11800 provides: No newsletter or other mass mailing shall be sent at public expense by or in behalf of an elected city, county, or district official, including an official - 1 - 8-~ SEP 2 3 ,. of a c.t!ed city or chartered .!y, to any person residing within the jurisdiction from which he or she was elected or to which he or she seeks election, after the elected official has filed a declaration of candidacy, nomination paper, affidavit of acceptance of sponsor's declaration, acceptance of nomination, or any other paper evidencing an intention to be a candidate for any local, state, or federal office. The city's provision is broader than the Elections Code in a number of respects. The Elections Code only applies to newsletters "by or in behalf of" an elected official after the elected official has filed nomination or similar papers. The Municipal Code applies not only to newsletters by or on behalf of the candidates but also to newsletters by administrative staffs. In addition, the Municipal Code prohibits newsletters when the election concerns a local ballot measure. The accompanying ordinance amends 1>Iunicipal Code Section 11213 to include the Rent Control Board within its provisions. In addition, it changes the time period in which the Section operates as follows: 1. None of the covered bodies may circulate any newsletter within 88 days of any election to approve or disapprove any local ballot measure. 2. No newsletter may be sent by any body within 88 days of any election to elect members of the body. - 2 - 3. No newsltt! may be sent by any bo'!ter one of its members has filed a local nomination petition. since local nomination papers may be filed between 113 and 88 days prior to an election, the cutoff will be determined in accordance with the date the nomination papers are filed. In addition, the accompanying ordinance amends Municipal Code sections 11208, 11212, and 11214 to include the Rent Control Board. These Sections pertain to political campaign expenditure statements, candidate statements of qualifications, and casting of lots for ballot order apply to the Santa Monica Rent Control Board. Other sections of the Municipal Code already include the Rent Control Board in the list of bodies to which particular requirements apply. RECOmfENDATION It is respectfully recommended that the accompanying ordinance be introduced and adopted. PREPARED BY: Robert M. Myers, city Attorney - 3 - .- .- -, CA:RMM:lld087jhpc City Council Meeting 9-23-86 Santa Monica, California ORDINANCE NUMBER 1388(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 11208, 11212, 11213, AND 11214 OF THE SANTA MONICA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 11208 of the Santa Monica Municipal Code is amended to read as follows: SECTION 11208. Filing of statements. Each candidate and each committee supporting or opposing a candidate or candidates or measure or measures and each member of the Santa Monica City Council, Santa Monica Rent Control Board, Santa Monica Unified School District Board of Education, or Santa Monica Community college Board of Trustees shall file with the City Clerk each statement required under Chapter 4 of Title 9 of the Government Code (Political Reform Act of 1974). - 1 - e~ .- . , . 1 SECTION 2. SectJ.on 11212 of the Santa MonJ.ca MunJ.cJ.pa Code is amended to read as follows: SECTION 11212. Candidate's statement of Qualifications. Each candidate for Santa Monica City Council r Santa Monica Rent Control Board, Santa Monica Unified school District Board of Education, or Santa Monica Community College Board of Trustees may prepare a statement of qualification 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 two hundred (200) words of the candidate's education and qualifications expressed by the candida te . Such statement shall be filed in the office of the city Clerk when the candidate's nomination papers are returned for filing. It 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. The City Clerk shall send to each voter together with a sample ballot, a voter's pamphlet which contains the written statements of each candidate's - 2 - .- .- qualifications that is prepared pursuant to this section. The statement of each candidate shall be printed in type of uniform size and darkness and with uniform spacing. The City Clerk shall provide for or certify a Spanish translation to those candidates who wish to have one, and shall select a person where needed to provide such translation from the list of approved spanish language translators and interpreters of the superior Court or from an institution accredited by the Western Association of Schools and Colleges. The costs of printing, handling and translating of any statement submitted pursuant to this section shall be paid by the City. The City Clerk shall reject any statement which contains any obscene, vulgar, profane, scandalous, libelous or defamatory matter, or any language which in any way incites, counsels, promotes or advocates hatred, abuse, violence or hostility toward, or which tends to cast ridicule or shame upon any persons by reason of race, color, religion or manner of worship, or any language or matter the - 3 - ee e- circulation of which through the mail is prohibited by Congress. Nothing in this section shall be deemed to make any such statement or the authors thereof free or exempt from any civil or criminal action or penalty because of any offered false or libelous statements for printing or contained in the voter's pamphlet. SECTION 3. section 11213 of the Santa Monica Municipal Code, erroneously numbered section 12114, is amended to read as follows: SECTION 11213 . Distribution of Newsletter Prohibited During Campaign. No newsletter or similar matter shall be circulated by mass mailing or similar method by the Santa Monica City Council, Santa Monica Rent Control Board, Santa Monica Unified School District Board of Education, Santa Monica Community College Board of Trustees or their administrative officers as follows: (a) Within eighty-eight (88) days prior to any municipal election to approve or disapprove any ballot measure. - 4 - .- (b) Within eighty-eight .- ( 88 ) days prior to an election to select any member of its governing body. (c) After any member of its governing body has filed a nomination petition pursuant to Municipal Code Section 11000. SECTION 4. Section 11214 of the Santa Monica Municipal Code is amended to read as follows: SECTION 11214. Ballot Order. In any election for the Santa Monica City council, Santa Monica Rent Control Board, Santa Monica Unified School District Board of Eduction, or santa Monica Community College Board of Trustees, the order in which the name shall appear on the ballot shall be determined by a casting of lots. The ballot order of all candidates, propositions, and ballot measures shall be the same as the order which is drawn from said lots. SECTION 5. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. - 5 - SECTION 6. .- If any section, .- subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. This ordinance relates to the November 4, 1986, municipal election. Pursuant to City Charter section 619 (a) , this ordinance shall take effect and be in full force and effect immediately after the passage and adoption thereof. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. APPROVED AS TO FORM: ~"-'-.~ ROBERT M. MYERS City Attorney - 6 - ~ .- .- Adopted and approved this 23rd day of September, 1986. fc 1. f2-J -- - Mcfyor I hereby certify that the foregoing Ordinance No. l388(CCS) was duly and regularly introduced at a meeting of the city council on the 23rd day of September 1986; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 23rd day of September 1986 by the following council vote: Ayes: Councilmembers: conn, Epstein, Jennings A. Katz, H. Katz, Zane and Mayor Reed Noes: councilmembers: None Abstain: Councilmembers: None Absent: councilmembers: None ATTEST: 7 LA t::;r,--!~ 7h4~-1L City Clerk