HomeMy WebLinkAbout2018-16 - Adopting City Council Policy A-3 Prohibiting The Use Of Public Funds For Tax Measure AdvocacyRESOLUTION NO. 2018-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING CITY
COUNCIL POLICY A-3 PROHIBITING THE USE OF
PUBLIC FUNDS FOR TAX MEASURE ADVOCACY
WHEREAS, in the last century, the California Supreme Court has cautioned that
"the use of the public treasury to mount an election campaign which attempts to influence
the resolution of issues... present[s] a serious threat to the integrity of the electoral process"
(Stanson v. Mott (1976) 17 Cal. 3d 206, 218);
WHEREAS, the California Legislature has expressly prohibited local agencies from
expending public funds to support or oppose a ballot measure (California Government
Code Section 54964(a));
WHEREAS, since the Stanson decision, the California Supreme Court has clarified
that "Stanson does not preclude a governmental entity from publicly expressing an opinion
with regard to the merits of a proposed ballot measure, so long as it does not expend public
funds to mount a campaign on the measure... Rather, the threat to the fairness of the
electoral process to which Stanson referred arises when a public entity or public official is
able to devote funds from the public treasury, or the publicly financed services of public
employees, to campaign activities favoring or opposing such a measure" (Vargas v. City of
Salinas (2009) 46 CalAth 1, 36-37);
WHEREAS, the California Supreme Court has cautioned "that even when a
publication or communication imparts useful information and does not expressly advocate
a vote for or against a specific candidate or ballot measure, the expenditure of public funds
to prepare or distribute the communication is improper when the `style, tenor, and timing'
of the publication demonstrates that the communication constitutes traditional campaign
activity' (Vargas at 27; Emphasis added);
WHEREAS, some California public agencies may have inadvertently, or on purpose,
blurred the lines between advocacy and information associated with tax measures; and
WHEREAS, the City Council recognizes the inherent risks and potential ambiguities
involved with determining whether an informational message associated with a tax
measure is actually improper advocacy, and the possible temptation to deliberately confuse
one with the other.
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
resolve as follows:
Section 1: The City Council hereby adopts City Council Policy A-3 (Prohibition on
Tax Measure Advocacy), which is attached hereto and incorporated herein by reference.
Resolution 2018-16
Page 2 of 2
Section 2: If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 4: The City Council finds adoption of this resolution is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption, and
the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 13th day of March, 2018.
Marshall "D y- D ffield
Mayor
ATTEST:
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Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
C;x-
Ly's Office
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Aaron C. Harp
City Attorney
Attachment: City Council Policy A-3
A-3
PROHIBITION ON TAX MEASURE ADVOCACY
The City of Newport Beach shall not use public funds, either through its own
staff or through the hiring or use of outside consultants, to engage in advocacy
or informational campaigns in favor of local tax measures on the City or County
ballot.
This prohibition includes, but is not limited to, "political consulting," "public
opinion polling," "studies," or "written or verbal communications" regarding tax
measures. This prohibition is not intended to limit staff's ability to respond to
questions about the fiscal impact of any local tax measure.
Adopted — March 13, 2018
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2018-16 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 13th day of March, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott
Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield
NAYS: Council Member Herdman
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of March, 2018.
Lei ani I. Brown
City Clerk
cq�/Fp RHS' Newport Beach, California