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HomeMy WebLinkAbout15 CANDIDATE STATEMENT FEESAgenda Item 15 AGENDA REPORT Reviewed: City Manager Finance Director 1A MEETING DATE: JUNE 17, 2014 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA N. RABE, CITY CLERK SERVICES SUPERVISOR SUBJECT: NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION CANDIDATE STATEMENT REGULATIONS SUMMARY: Adoption of the proposed resolution will set the Candidate Statement regulations for the November 4, 2014 General Municipal Election. RECOMMENDATION: That the City Council: 1. Adopt Resolution 14 -44 establishing regulations for Candidate Statements to be submitted to the electorate in the November 2014 General Municipal Election. FISCAL IMPACT: None. BACKGROUND: The City of Tustin's General Municipal Election is scheduled for November 4, 2014, to elect two (2) members of the City Council for full terms of four years each. On June 3, 2014, the City Council adopted Resolution Nos. 14 -37 and 14 -38 (1) calling and giving notice of a General Municipal Election to be held on Tuesday, November 4, 2014, (2) requesting the County of Orange Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election, (3) authorizing the County of Orange Registrar of Voters (ROV) to canvass the election returns, and (4) providing for expenses of the election. Adoption of the proposed resolution is required for the election to proceed as scheduled and to set regulations for Candidate Statements. Resoluti n No. 14-44 has been reviewed by the City Attorney. Enca N. Rabe City Clerk Services Supervisor Attachment: Resolution No. 14 -44 RESOLUTION NO. 14 -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Tustin on November 4, 2014 may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description, of no more than 200 words, of the candidate's education and qualifications expressed by the candidate. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. (A) Pursuant to the Federal Voting Rights Act, candidate's statements will be translated into all languages required by the County of Orange. The County is required to translate candidate's statements into the following languages: Spanish, Chinese, Korean, and Vietnamese. (B) The County will mail separate sample ballots and candidate statements to all voters in Spanish, Chinese, Korean, and Vietnamese to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidate's statements in the required languages available at all polling places, on the County's website, and in the Elections Official's Office. SECTION 3. PAYMENT. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the Candidate Statements filed pursuant to this section, including costs incurred. as a result of complying with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her Resolution 14 -44 1009472.1 statement included in the voters' pamphlet. The estimate is an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk will require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election. SECTION 4: TRANSLATIONS AND PRINTING (A) Translations: 1. The costs of translating the Candidate Statements into the languages required in Section 2 shall be included in the estimated fee and the final actual costs billed to the candidate pursuant to Section 3. 2. The candidate shall be required to pay for the cost of translating into any foreign language that is not required, pursuant to State and Federal law, but is requested as an option by the candidate. (B) Printing: The candidate shall be required to pay for the cost of printing the Candidate Statement in the voters pamphlet in all required languages pursuant to state and federal law. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 7. That all previous resolutions establishing Council policy on payment for Candidate Statements are repealed. SECTION 8. That this Resolution shall apply only to the election to be held on November 4, 2014 and shall then be.repealed. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 17th day of June 2014. ELWYN A. MURRAY, Mayor Resolution 14 -44 1009472.1 ATTEST: JEFFREY C. PARKER, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 14 -44 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of June 2014, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER, City Clerk Resolution 14 -44 1009472.1