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CA:RMM:lld086/hpc
city council Meeting 9-23-86
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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
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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.
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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
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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).
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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
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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
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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.
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(b) Within eighty-eight
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( 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.
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SECTION 6.
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If any section,
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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:
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ROBERT M. MYERS
City Attorney
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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