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SR-104-088 (9)~/~ ~ City of Santa Monica City Council Report City Council Meeting: August 8, 2006 Agenda Item: ~ ~ To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Resolution Submitting Ballot Measure to the Voters Amending City Charter Article XXII, the City of Santa Monica Taxpayer Protection Amendment of 2000 Recommended Action It is recommended that the City Council adopt the attached resolution placing a measure on the ballot that would amend City Charter Article XXII. Executive Summary The attached resolution and exhibit fulfill the City Council's direction to prepare and revise a ballot measure and resolution which would amend Article XXII of the City Charter, adopted by the voters and commonly known as the Oaks Initiative, by replacing it with new provisions which would effectuate the "clean government" goals of the Oaks Initiative while protecting individual rights and opportunities. Discussion At its last meeting, Council considered a proposed ballot measure which would amend Article XXII. That proposed measure had been modeled after a clean government measure adopted by the voters in the City of Vista, modified to meet the Council's 1 directions. At the hearing, public testimony was received from two members of the public, a proponent of the Oaks Initiative and a well-known expert on conflict-of-interest and other clean government laws. Their testimony included suggestions and critiques as to the proposed measure. These included that the proposed measure: (1) did not cover appointed officials who are City employees; (2) lacked a time limit on restrictions as to gifts from persons doing business with the City and lacked a"materiality" limit; (3) excluded restrictions on campaign contributions and future employment; and (4) lacked thresholds as to the size of benefits conferred by official action which would trigger restrictions. Staff has considered each of these suggestions and has revised the proposed measure. Several of the revisions address the suggestions made at the meeting. Others arise from staff's review of the Pasadena Task Force report, legal analysis and consideration of the views expressed at past Council meetings. In pa~ticular, the proposed measure has been revised to: • Extend the prohibitions and restrictions to appointed officials, including the City Manager, City Attorney and City Clerk; • Incorporate state standards for determining "materiality" unless the Council, by ordinance, adopts local standards; • Clarify that the restrictions on gifts from parties doing business with the City applies only to current or ongoing business (after which the general limit would apply); and 2 • Provide for automatic adjustments in the monetary limits established by the measure which would reflect changes in the CPI index but be rounded to the nearest $5.00. Staff is not proposing the inclusion of campaign contribution limits in this measure for three reasons. First, the Municipal Code already establishes a relatively low limit on campaign contributions of $250.00. For purposes of comparison, it is noted that the Pasadena Task Force recommended a campaign contribution limit of $1,000 for that City. Second, the Council has publicly expressed its intent to consider public financing of campaigns within the next year and will doubtiess consider contribution restrictions at that time. Third, restrictions on campaign contributions impact an individual's ability to participate in the political process and First Amendment rights. Accordingly, staff believes it is preferable not to lump campaign contributions, which must be addressed surgically to protect First Amendment rights, together with prohibitions against emoluments and "kick backs" which are much more susceptible to legal restriction. Staff is also not proposing any additional restrictions on employment. As written, the proposal prohibits both receiving employment in return for votes and using office to gain employment advantages. Additional restrictions, such as those contained in the Oaks Initiative, which automatically prohibit future employment may discourage government service and unduly infringe on individual rights. 3 Alternatives The Council could decline to place the proposed measure on the ballot and could consider different amendments to Article XXII, such as those proposed in Pasadena. Budget/Financial Impact The budget impact resulting from the recommended action would be an increase in City election costs of from $5,000 to $7,000. Prepared by: Marsha Jones Moutrie, City Attorney roved: Forwarded to Council: 4 • •