sr-061212-7bCity Council Meeting: June 12, 2012
Agenda Item: 7 -B
To: Mayor and City Council
From: Kathryn Vernez, Deputy City Manager, Special Projects
Subject: Distribution of City newsletters and information by mail prior to an election
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance
amending Santa Municipal Code Section 11.04.130 to allow the City to distribute
newsletters and information by mail within 88 days prior to any municipal election if the
mailing is usual and customary and occurs in the normal course of business, neither
refers to nor identifies any member of the City Council or Rent Control Board and
contains nothing relating to the election except for voter registration information,
methods of voting, the date and hours of the election, and polling locations.
Executive Summary
Santa Monica Municipal Code Section 11.04.130 currently prohibits the distribution of
city newsletters or similar matter within 88 days prior to any municipal election, except
for special elections. The intention of the law is to prevent promotion of political
candidates or issues. Prohibitions on the use of City time, funds and materials to
support political candidates or ballot measures exist elsewhere in the Municipal Code
and in state law. The Municipal Code and Administrative Instruction 11 -2 -3 prohibits
discussion in favor of or against any ballot measure or candidate for public office in city
materials.
The broad language of Section 11.04.130 prohibits the publication of material such as
Seascape, Santa Monica's City newsletter. However, Seascape merely fosters civic
participation by informing residents about city programs and services; and its editorial
policy prohibits naming elected officials and discussing ballot measures. The proposed
ordinance modifies the existing law to clarify that the mass mailing of Seascape and
other similar material would be permitted within the 88 -day period prior to an election so
long as the mailing is usual and customary and done in the ordinary course of business.
The prohibition on referring to elected officials will remain in place. This change in the
law would help facilitate the regular promotion of City programs and services, and
eliminate resident confusion regarding the annual publication schedule of materials
such as Seascape.
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Background
Santa Monica Municipal Code Section 11.04.130 prohibits the distribution of city
newsletters or similar matter within 88 days prior to any municipal election, except for
special elections. The ordinance was adopted on June 9. 1992, as part of the Santa
Monica Campaign and Election Reform Act of 1992 intended to clarify and conform
campaign finance and reporting practices. On January 19, 1999 and February 11,
2003, Council adopted emergency ordinances permitting the publication and distribution
of Seascape 88 days prior to a special election, in recognition of the fact that customer
service and revenues for paid programs such as community classes could be adversely
impacted if Seascape were not published.
Discussion
The current ordinance states that the prohibition does not apply to the circulation of a
newsletter or similar matter by mass mailing if the election is a special election and the
mass mailing contains nothing relating to the election. The proposed ordinance extends
this to all elections and provides that the distribution of Seascape and other materials
routinely generated by City staff to promote City events, programs and services are
permitted by law. The proposed amendment prohibits referring to or identifying any
member of the City Council or Rent Control Board.
The proposed amendment to the Municipal Code would allow City staff to produce and
distribute usual and customary materials created in the normal course of business
within 88 days prior to an election, provided that they do not refer to members of the
City Council or Rent Control Board and contain nothing related to the election except for
appropriate references related to voter registration information, methods of voting, the
date and hours of the election, and polling locations. The proposed amendment allows
staff to standardize Seascape's annual publication schedule and avoids adverse
impacts on customer service and revenues caused by the 88 -day communications
blackout period.
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Seascape is a long- running City publication which is used to promote a wide variety of
City programs and services, including the Community Recreation class schedule;
Library, social services and sustainable programming; and planning and community
development news, workshops and events. In accordance with the Municipal Code,
Seascape is not published within 88 days prior to a regular municipal election. In non -
election years, Seascape is published approximately every two months, six times
annually. Exact publication dates are based on the community class registration
schedule and other special city events such as the Santa Monica Festival. In election
years, the "Harvest" issue is not published in mid - September, so there is no Seascape
from early July to early November. Staff has observed that the absence of this issue
every other year creates some confusion among city residents and is a missed
opportunity to promote numerous city events and programs now regularly scheduled in
September and October, including the release of the Sustainable City Report Card, the
beginning of fall Community Recreation activities and,the Senior Arts Festival.
If the staff recommendation is approved and the ordinance is adopted upon second
reading, Seascape's annual production schedule will be adjusted to include a mid -
September "Harvest" issue every year instead of every other year, beginning in
FY2012 -13.
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Alternatives
The alternative is to retain the existing Code, which does not specifically allow City staff
to produce and distribute Seascape and other materials intended to promote City
events, programs and services during the 88 -day period prior to an election; or to
continue requesting special exemptions from Council.
Financial Impacts & Budget Actions
There is no immediate budget/financial impact to the policy decision.
Prepared by: Rachel Waugh, Public Information Coordinator
Approved:
Kathryn V rnez
Deputy City Manager, Special Projects
Attachments:
A. Proposed Ordinance
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Forwarded to Council:
—a_
Rod Gould
City Manager
City Council Meeting: June 12, 2012 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
11.04.130 TO CLARIFY THE CITY'S AUTHORIZATION TO PRODUCE AND
DISTRIBUTE USUAL AND CUSTOMARY MATERIALS CREATED IN THE NORMAL
COURSE OF BUSINESS WITHIN 88 DAYS PRIOR TO AN ELECTION, PROVIDED
THAT THEY DO NOT REFER TO MEMBERS OF THE CITY COUNCIL OR RENT
CONTROL BOARD AND CONTAIN NOTHING RELATED TO THE ELECTION
EXCEPT FOR APPROPRIATE REFERENCES TO THE DATE AND METHODS OF
VOTING.
WHEREAS, Santa Monica Municipal Code Section 11.04.130 prohibits the
circulation of City newsletters or similar mass mailings within 88 days prior to general
elections: and
WHEREAS, the purpose of this prohibition is to prevent the use of public funds to
influence elections; however, the prohibition is so broadly worded that it also prohibits
the City from using the newsletter format to disburse political neutral information about
City programs and services during the 88 -day period prior to general elections; and
WHEREAS, the City and the community rely upon the City's newsletter,
Seascape, for information about local programs, events and City services; and
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WHEREAS, Seascape is an effective communications tool used to reach
thousands of Santa Monica's residents, employees and visitors to make them aware of
local programs, events and services; and
WHEREAS, the amendment would foster civic participation and engagement in
City programs, services and events by promoting these opportunities in Seascape and
other materials; and
WHEREAS, this ordinance would establish a regular annual production schedule
for Seascape to include a mid - September "Harvest" issue.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 11.04.130 is hereby
amended to read as follows:
11.04.130 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 or their administrative officers as follows:
(1) Within eighty -eight days prior to any municipal election to approve or
disapprove any ballot measure;
(2) Within eighty -eight days prior to an election to select any member of
its governing body;
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(3) After any member of its governing body has filed a nomination
petition pursuant to Section 11.04.010.
This prohibition shall not apply to the circulation of a newsletter or similar
matter by mass mailing if the election is speeial- election- and t#emass mailing is
usual and customary and occurs in the normal course of business, neither refers
to nor identifies any member of the City Council or Rent Control Board and
contains nothing relating to the election except for voter registration information,
the date and hours of the election poll locations and methods of voting.
SECTION 2. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. 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 competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this 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 4. 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
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official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.