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HomeMy WebLinkAboutResolution No. 5761 RESOLUTION NO. 5761 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOW N EY , CALIFORNIA, IN REGULATIONS FOR CANDIDATES' ADOPTING GULAT ONS FO CAND I ATES STATEMENTS FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS TH ER EO F FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 7, 1994 WHEREAS, Section 10012 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 thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 10012 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Downey on June 7, 1994, may prepare a Candidate's Statement on an appropriate form provided by the City Clerk. Such 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. Such Statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such Statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. Such Statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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. CITY OF DOWNEY CHARTER PROVISION. Pursuant to Section 1307 of the Downey City Charter, any candidate for elective City office may prepare a statement of uali fications in accordance with the restrictions set forth i q t in Section 10012 of the State Elections Code, as the same now exists or hereafter may be amended or succeeded, and subject to the following additional restriction: A statement of qualifications shall be limited to a recitation of the candidate's own personal background and qualifications and shall not in any way make reference to other candidates or to other candidate's qualifications, character or activities. The City Clerk shall not cause to be printed or circulated any candidate's statement of qualifications which the City Clerk determines is not so limited or which includes any such references. SECTION 3. FOREIGN LANGUAGE POLICY. A. Pursuant to State law, the candidates' statements must be translated and printed in Spanish at the candidate's request. B. Pursuant to the Voting Rights Act, the City is required to translate candidates' statements into the Spanish language, in addition to English, and any other language determined by the County of Los Angeles. C. The City Clerk shall have all candidates' statements translated into the languages specified in (B) above; have all translations made available upon request in the office of the .City Clerk; and 'print spanish translations of candidates who request printing in the voters pamphlet. Resolution No. 5761 Page 2 SECTION 4. PAYMENT. A. The candidate shall be required to pay for the cost of printing the candidate's statement in English. B. The candidate shall not be required to pay for the cost of translating the candidate's statement into any foreign language as specified in Section 3(B) above pursuant to State and/or Federal law. C. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language. The City Clerk shall estimate the total cost of printing, handling and mailing the candidates' 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 statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just 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 City 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 may 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 30 days of the election. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. ,AN 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 this Resolution shall apply only to the General Muncipal Election to be held on June 7, 1994, and shall then be repealed. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution. APPROVED AND ADOPTED this 1st day of February, 1994. .9-7 7 t . ATTEST: Robert S. �B r ze 1 ton ilvlayor /1 fik" 0(/La City C er i Resolution No. 5761 Page 3 I HEREBY CERTIFY that the foregoing Resolution was adopted at an adjourned regular meeting of the City Council of the City of Downey held on the 1st day of February, 1994, by the following vote, to wit: AYES: 4 COUNCIL MEMBERS: McCaughan, Riley, Lawrence, Brazelton NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Boggs 1 kfif /*waltz 1172 City_ Clerk 4 : C AND IR ESO