CITY COUNCIL: Resolution Adopting Regulations for Candidate Statements of Qualifications for Municipal Election 2010

Meeting Date: December 1, 2009
Prepared by: Heidi Burch, City Clerk

City Council
Agenda Item Summary

Name: Consideration of a Resolution adopting regulations for candidate statements of qualifications for the Municipal Election to be held in the City on April 13, 2010.

Description: A Resolution adopting the regulations, guidelines, and fees for candidates who choose to file an optional candidate statement of qualifications for the April 13, 2010 Municipal Election.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations:
The City is required to provide information to potential candidates for office about filing a Statement of Qualifications, including the filing deadline, fees, and other guidelines. This resolution fulfills this disclosure of information for the April 13, 2010 election and subsequent municipal elections.

Decision Record:
None. In the past, the information contained in this Resolution was provided to candidates in their Election Handbook.

Reviewed by:

_____________________________ ______________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS OF QUALIFICATIONS FOR THE MUNICIPAL ELECTION TO BE HELD IN THE CITY ON APRIL 13, 2010

WHEREAS, pursuant to §12000, et seq., Elections Code, the City Council of the City of Carmel-by-the-Sea has called an election to be held on April 13, 2010 for the purpose of electing successors to the terms of office which expire in April 2010; and

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; and

WHEREAS, the Candidate’s Statement of Qualifications is an optional Statement that appears on the ballot distributed to all voters that must include the title of the office sought (i.e., Mayor or Council Member), name of the local agency (City of Carmel-by-the-Sea), and the date the election is to be held (April 13, 2010); and

WHEREAS, should a candidate for office choose not to file a Statement, he or she must indicate such on the Nomination Paper provided by the City Clerk. The Candidate’s Statement of Qualifications 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; and

WHEREAS, the City of Carmel-by-the-Sea charges a fee to print the Candidate Statement of Qualifications on the ballot that must be paid upon filing of the Nomination Papers; and

WHEREAS, the City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s 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 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; and

WHEREAS, the Statement may include name, age, 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 himself or herself. If a candidate chooses to file the Statement, the Statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations; and

WHEREAS, the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Adopt this resolution for the April 13, 2010 Municipal Election and next ensuing municipal election and at each municipal election after that time.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of December 2009, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

_____________________
Heidi Burch, City Clerk