May 16, 2006

SUBJECT:      Work Plan For Public Awareness Program Related To Ethics Guidelines for City Council Elections

REPORT IN BRIEF

The City Council designated a “Public Awareness Program Related To Ethics Guidelines for City Council Elections” as a 2006 study issue assigned to the City Attorney’s Office.  A member of the public suggested this topic for a study issue during the public hearing on 2006 study issues and it was sponsored by two Councilmembers.  The study issue is scheduled to come before Council in September and October, 2006, and Council requested the opportunity to review and approve the work plan for the study issue.  This report outlines the scope of the study issue and the proposed work plan, for Council approval or modification.

BACKGROUND

Elections for City Council seats are held every two years and involve election campaigns by both incumbent and new candidates for Council seats.  Candidates for the City Council election are subject to a number of City Charter and Fair Political Practice Commission restrictions and disclosure requirements during their campaigns.  Additionally, candidates are provided with a Code of Fair Campaign Practices pledge form that they can voluntarily subscribe to.  If the candidate signs the pledge form, he or she agrees to conduct the campaign fairly and openly and to refrain from personal attacks or dishonest practices.

There is, however, currently no formal City outreach program or media release that describes for members of the public the legally required campaign disclosures, or the Code of Fair Campaign Practices pledge provided to City Council election candidates for their voluntary endorsement.  The member of the public suggested during the study issue hearing process that public education outreach to inform Sunnyvale voters of the legal guidelines and fair campaign practices guidelines would be useful for the public to know, and could support more informed public participation in the City Council election process.

EXISTING POLICY

(The policies below were adopted for elected Councilmembers but some of the policies are also applicable to candidates and a copy of the Code of Conduct is distributed with the Candidate Manual)

• Code of Ethics for Elected and Appointed Officials
• Code of Conduct for Elected Officials

DISCUSSION

Candidates for election to the Sunnyvale City Council are required to comply with the State Fair Political Practice Commission and City charter campaign disclosure requirements.  In addition, the State Elections Code, Division 20, Chapter 5, has a Code of Fair Campaign Practices pledge that is provided to Council candidates for voluntary endorsement and signature and sets out voluntary guidelines for conducting fair and ethical campaigns.

During election season, members of the public may have questions about whether there are campaign and disclosure guidelines for City Council candidates.  Furthermore, citizens supporting or opposing a particular candidate may also be subject to the Code of Fair Campaign Practices if it is signed by the candidate they are working for.

Currently, the City of Sunnyvale does not proactively distribute to the general public written materials summarizing campaign disclosure requirements and voluntary code of fair campaign practices guidelines.  Inquiries about campaign disclosure requirements or the Code of Fair Campaign Practices are responded to on a case-by-case basis by the appropriate City department – usually the City Manager or City Attorney. 

The proposed work plan for this study issue is as follows:

·         Research and identify the applicable FPPC and Charter campaign disclosure requirements.

·         Research and identify the applicable Code of Ethics and Council Code of Conduct guidelines.

·         Research and identify the Code of Fair Campaign Practices requirements.

·         Research what neighboring local jurisdictions are doing, if anything, for public outreach and education on campaign and election laws and guidelines.

·         Develop City of Sunnyvale options and related cost estimates for public outreach and education on  election and campaign guidelines for Council consideration, including:

o        Printed informational fliers made available during election    season.

o        Communications news release during election season with information on election and campaign guidelines and requirements.

o        Public access program on election and campaign guidelines and requirements. 

FISCAL IMPACT

Completion of the study issue has been budgeted within the City Attorney and City Manager’s Offices for fiscal year 2005-06.  If Council elects to implement a public awareness and education program during the next City Council election period, there may be additional staff time and print costs, with the amount depending on the alternative(s) selected by Council. 

Conclusion

Candidates for Sunnyvale City Council are subject to FPPC and City Charter disclosure requirements, FPPC campaign guidelines.  Candidates are provided with a Code of Fair Campaign Practices pledge, which almost all candidates sign and agree to follow.  There is currently no public outreach or education program that informs the public of these campaign requirements and guidelines for candidates, including  guidelines applicable to candidates’ supporters.

A member of the public suggested Council consideration of a public outreach and education program during the 2006 Study Issue process and Council sponsored and approved this as a study issue assigned to the Office of City Attorney.  Counsel requested that staff return to Council with the proposed work plan for the study issue prior to proceeding with the work plan. Council has the option of approving the work plan as presented, modifying the proposed work plan, or terminating additional work on the study issue.  

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 proposed work plan for the Public Awareness Program Related to Ethics Guidelines for City Council Elections.

Alternative 2:     Approve with modifications the Office of the City Attorney proposed work plan for the Public Awareness Program Related to Ethics Guidelines for City Council Elections.

Alternative 3:     Do not approve the Office of the City Attorney proposed work plan for the Public Awareness Program Related to Ethics Guidelines for City Council Elections and remove the study issue from further consideration.

RECOMMENDATION

Staff recommends Alternative 1:     Approve the Office of the City Attorney proposed work plan for the Public Awareness Program Related to Ethics Guidelines for City Council Elections.

Prepared and reviewed by:

                                               

David E. Kahn, City Attorney