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HomeMy WebLinkAboutResolution No. 08-7062 - Approve Candidate Regs Nov. 4, 2008RESOLUTION NO. 08-7062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITrED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008. WHEREAS, Section 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 candidates statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. Tbat pursuant to Section 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 Downey on November 4, 2008, may prepare a candidates 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 candidates education and qualifications expressed by the candidate himself or herself. The statement shall not include 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 candidates 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.[SECTION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. CITY OF DOWNEY CHARTER PROVISION. Pursuant to Section 1307 of the Downey City Charter, any candidate for an elective City office may prepare a statement of qualifications in accordance with the restrictions set forth by State law and subject to the following additional restriction: A statement of qualifications shall be limited to a recitation of the candidates own personal background and qualifications and shall not in any way make reference to other candidates or to other candidates qualifications, character or activities. The City Clerk shall not cause to be printed or circulated any candidates statement of qualifications which the City Clerk determines is not so limited orwhich includes any such references. SECTION 3. FOREIGN LANGUAGE POLICY A Pursuant to the Federal Voting Rights Act, the City may be required to translate candidates statements into the Spanish language, in addition to English, and any other language determined by the County of Los Angeles. B C Pursuant to State law, the candidates statement must be tlanslated and printed in the voters pamphlet in the Spanish language at the candidates request. The City Clerk shall:1. Translations. (a) Have all candidates statements translated into the languages specified in (a) above;2. Printing. (a) Have all translations made available upon request in the office of the City Clerk; and print any Spanish translations of candidates who so request and pay for printing in the voters pamphlet. RESOLUTION NO. 08-7062 PAGE TWO SECTION 4. PAYMENT A. Translations: 1. The candidate shall not be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in Section 3 (a) above pursuant to Federal and/or State law. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidate’s statement in the English language in the \oters pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate’s statement in the Spanish language in the \oters pamphlet, if requested. 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 voters 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 numberof 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. SECTION 6. NOTICE OF REGULATIONS. 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. REPEAL OF PRIOR RESOLUTIONS. That all previous Resolutions establishing Council policy on payment for candidates statements are repealed. SECTION 8, APPLICABILITY. That this Resolution shall apply only to the General Municipal Election to be held on No\ember 4, 2008, and shall then be repealed. SECTION 9. CERTIFICATION. That the City Clerk shall certify to the passage and adoption of this Resolution. RESOLUTION NO. 08-7062 PAGE THREE APPROVED AND ADOPTED this 10th day of June, 2008. MARIO A. GUERRA, Acting Mbyor ATTEST: M&h)/L KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 10th day of June, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : Council Members: Bayer, Cartozian, Trejo, Acting Mayor Guerra Council Member: 0 Council Member: Mayor Gafin Council Member: 0L KATHLEEN L. MIDSTOKKE, City Clerk