CC_Minutes_2004_1122 - Laserfiche WebLink

Home

Declare the acceptance of a contribution to be a conflict of interest in future votinga The City of Westminster, CO, Chula Vista, CA, Santa Ana, CA, Modesto, CA, Costa Mesa, CA, Oakland, CA, and San Francisco, CA and other cities have laws concerning conflict of interest issues related to the acceptance of campaign donations. According the National Civic League report, Westminster, CO law states that a contribution "shall create a conflict of interest with regard to that councilor's vote on any issue or matter coming before the council involving a benefit to a contributing person..." An exception is created if the "interests are merely incidental to an issue or question involving the public good." Requirement #6: Requirement #7: Make a penalty for violating the law one of civil nature vs. criminal nature. As evidenced by the recent changes made at the state level of government, penalties for violations should be civil in nature. The burden of proof to convict someone of a criminal misdemeanor was deemed impossible by the state. A civil fine which would be two or three times the size of the donation in question would be substantially -easier to enforce. .. " Mandate that all public finance documents be posted on the city's web site with a main page link. No disclosure law is effective unless the people have an easy and free method to obtain the information. Requireme'rit #8: ; Requ:irer;n~nt #9: Establish time limits on fun;dr$lising. : With high Qon~tion limits currently;in effect, JTlost ca8didates QO n9t begin fundraising;until the year in" yvhlch they are running for office. With 10wer'limits" fundraising will begin not only earlier ih the year, but may begin one or two years ahead of time.' In 1997, Little Rock, AR took action against this practice by limiting fundraising until June 1 st of an election year and ending on December 1 st. All additional money remaining in a candidate's account after December 1 st must be donated to charity. Fifteen other cities have already enacted similar laws. Establish a Constitutionality protection clause converting overturned laws to-.voluntarily compliance provisions. Any campaign finance law can be challenged in a court of law. If a court overturned any specific provision, a protection clause in the law would convert the overturned provision to one of voluntary compliance. Then candidates would be asked to sign a statement making a voluntary commitment to follow the provision. The city would then publish on the web site and in the paper the names of the candidates who volunteered to comply and those who did not. This system of voluntarily compliance and publication has worked successfully for cities in Colorado and North Carolina. Requirement #10: -' 5