June 13, 2006
SUBJECT: Work Plan for City Council Election Process: Campaign Contribution Limits, Spending Limits, and Election of Council Members by Seat
REPORT IN BRIEF
The City Council designated “City Council Election Process: Campaign Contribution Limits, Spending Limits, and Election of Council Members by Seat” as a 2006 study issue assigned to the City Attorney’s Office. The study issue originated with Councilmember Moylan and would examine options for adopting a Charter amendment for at-large election of council members, and local regulations for campaign financing. This report outlines the scope of the study issue and the proposed work plan for Council approval or modification.
Council should note that it is considering on June 13th (same meeting as this RTC) whether to appoint a Charter Review Committee which would have the authority to review and make recommendations on the Charter provision covering Council elections. If the Council decides to appoint a Charter Review Committee then to avoid duplication this study issue should either be cancelled or limited to the campaign contribution and spending issues.
BACKGROUND
Campaign Contributions and Expenditures:
The City Charter, Section 1405, presently requires disclosure of the amount of contributions made by any person who has made contributions in a cumulative amount of $100 or more to a candidate or committee and that these disclosures be published the Saturday immediately proceeding the date of the Municipal election. However, the City Charter and City campaign guidelines do not currently limit contributions or spending. The City is subject to the California Political Reform Act, State Elections Code, and United States Constitution.
Election Process:
Currently, the Charter provides that the office of each member of the Council is a separate elective office to be separately filled at any election. The person receiving the highest number of all the votes cast for an individual council seat at an election is elected to that office.
EXISTING POLICY
Section 1405 of the City Charter governs the requirement of disclosure of campaign contributions.
Section 601 of the City Charter governs the requirement of separate elections of council seats.
DISCUSSION
This study issue will analyze alternatives to the current Charter provision that the office of each member of the Council is a separate elective office to be filled separately at any election. It will also provide an analysis of the feasibility and potential pros and cons of adopting campaign regulations such as contribution and spending limits.
The Political Reform Act, which imposes mandatory limits on campaign contributions, does not apply to local candidates and the City of Sunnyvale does not limit contributions. A number of cities have enacted their own limits, as allowed under the State Elections Code, Division 6, Chapter 5 (e.g., Sacramento limits cumulative contributions from one individual for a City Council candidate to $800; and San Jose limits cumulative contributions to $100 for a City Council candidate).
Under the Political Reform Act, candidates for state elections may voluntarily elect to limit their campaign expenditures. Again, this does not apply to local elections. With the passage of Prop. 34, the statutory right for municipalities to limit campaign spending was repealed. However, other cities have implemented their own voluntary limits on spending. It should be noted that there is a Constitutional free speech issue, both with the limitation of campaign contributions and spending, which will be included in the analysis.
Currently, the City Charter requires that each council seat is an individual office to be voted on separately at an election. The alternative is for council members to be elected “at large." Under this method, the candidates receiving the most votes overall would fill the vacant seats in an election.
The proposed work plan for this study issue is as follows:
· Research and analyze the option of a Charter amendment for “at large” elections of council members.
· Research and identify the applicable State Elections Code and Political Reform Act provisions, as well as any potential Constitutional issues pertaining to limits on campaign contributions and expenditures.
· Research what neighboring jurisdictions are doing in regards to limiting campaign contributions and expenditures.
· Develop City of Sunnyvale's options and related cost estimates for implementing and enforcing restrictions on campaign contributions and spending.
FISCAL IMPACT
Completion of the study issue has been budgeted within the Office of City Attorney for fiscal year 2006-07. A Charter amendment would require an additional budget allocation for election and ballot costs.
Conclusion
City Council members are currently elected by seat rather than at-large. The City has a campaign contribution disclosure requirement but does not have contribution or spending limits. Councilmember Moylan suggested Council consideration of modifying the council member election process to at-large and adopting contribution and spending limits. Council requested that staff return with a proposed work plan prior to proceeding with the study issue. Council has the option of approving the work plan as presented, modifying the work plan, or terminating additional work on the study issue.
The Council’s direction on this work plan will depend on whether or not it elects to appoint a Charter Review Committee for 2006-07.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the City Clerk’s office.
ALTERNATIVES
Alternative 1: Approve the Office of the City Attorney's proposed work plan for the City Council Election Process: Campaign Contribution Limits, Spending Limits, and Election of Council Members by Seat.
Alternative 2: Approve with modifications the Office of the City Attorney proposed work plan for the City Council Election Process: Campaign Contribution Limits, Spending Limits, and Election of Council Members by Seat.
Alternative 3: Do not approve the Office of the City Attorney proposed work plan for the City Council Election Process: Campaign Contribution Limits, Spending Limits, and Election of Council Members by Seat.
RECOMMENDATION
(If no Charter Review Committee) Staff recommends Alternative 1: Approve the Office of the City Attorney proposed work plan for the City Council Election Process: Campaign Contribution Limits, Spending Limits, and Election of Council Members by Seat.
(If Charter Review Committee) Alternative 2: Approve with modifications the Office of the City Attorney proposed work plan for the City Council Election Process: Campaign Contribution Limits, Spending Limits, and Election of Council Members by Seat.
Prepared by:
David E. Kahn, City Attorney
City Attorney’s Office