HomeMy WebLinkAboutS05- Council Office CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL AAW G I NA L
From: Councilman Chas Kelley Subject: AN ORDINANCE OF THE
MAYOR AND COMMON COUNCIL
Dept: Council Office ADDING SECTION 2.58.101 TO THE
MUNICIPAL CODE PROHIBITING
Date: September 3, 2009 ELECTED OFFICIALS AND THE CITY
MANAGER FROM PROMOTING
PARTISAN POLITICAL CANDIDATES OR
BALLOT MEASURES FROM THE
COUNCIL DAIS
Council Date: September 8, 2009
Synopsis of Previous Council Action:
Recommended Motion: That said Ordinance adding section 2.58.101 to the
Municipal Code be laid over for final adoption
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Contact person: Phone:
Supporting data attached: Ward: All
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) -0-
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Finance:
Agenda Item No. S - 5
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ORDINANCE NO. t
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.58.101 I
TO THE MUNICIPAL CODE PROHIBITING ELECTED CITY OFFICIALS AND THE I
CITY MANAGER FROM PROMOTING OR OPPOSING POLITICAL CANDIDATES OR j
1 BALLOT MEASURES FROM THE COUNCIL DAIS. j
2 WHEREAS, a fundamental precept of this nation's democratic electoral system is that
3 the government may not take sides in election contests or bestow an unfair advantage on one of
4 several competing factions; and,
5 WHEREAS,a principal danger feared by our country's founders lay in the possibility that
6 the holders of governmental authority would use official power improperly to perpetuate
7 themselves,or their political allies,in office,or oppose their opponents or their opponents'political
8 allies; and,
g WHEREAS, City officials performing their official duties at meetings of the Common
10 Council are using public funds in the form of facilities, staff time and the cost of providing;th e
11 meetings to the public through television or other electronic means; and,
12 WHEREAS, every court that has addressed the issue has found the use of public funds
13 for partisan campaign purposes improper, and,
14 WHEREAS, each elected City official may speak at the "public podium"on political
15 matters pursuant to the First Amendment to the Constitution of the United States; and,
16 WHEREAS,by speaking at the public podium the Cityofficial will be limited to the same
17 three minutes as is any other public speaker, including any candidate for public office, thus
18 establishing a"level playing field;"
19 THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
20 BERNARDINO DO ORDAIN AS FOLLOWS:
21 SECTION 1. San Bernardino Municipal Code Chapter 2.58 is hereby amended to add
22 Section 2.58.101, as follows:
23 2.58.101 Prohibiting promotion of political candidates and ballot measures at
24 meetings.
25 A. Elected City officials and the City Manager shall not speak from the dais,or their
26 usual seat at any meeting of the Common Councilor any of its committees,to endorse,announce
27 the candidacy of or otherwise promote or oppose the candidacy for any elective office,including
28 his/her own.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.58.101 TO
THE MUNICIPAL CODE PROHIBITING ELECTED CITY OFFICIALS AND THE CITY i
MANAGER FROM PROMOTING OR OPPOSING POLITICAL CANDIDATES OR
BALLOT MEASURES FROM THE COUNCIL DAIS.
1 B. Elected City officials and the City Manager shall not speak from the dais,or their
2 usual seat at any meeting of the Common Council or any of its committees,to promote or oppose
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3 any measure that has qualified for the ballot. I
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4 C. This shall not preclude the elected official or City Manager from speaking as a
5 private citizen,subject to the same rules and conditions as those placed upon any other member of
6 the public, including the requirement to speak from the public speakers' podium,during the time
7 allotted for public comments and within any time limitations placed on public comments.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2.58.101 TO
THE MUNICIPAL CODE PROHIBITING ELECTED CITY OFFICIALS AND THE CITY
MANAGER FROM PROMOTING OR OPPOSING POLITICAL CANDIDATES OR
BALLOT MEASURES FROM THE COUNCIL DAIS.
1
2 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
3 Common Council of the City of San Bernardino at a meeting thereof,held on the
4 _day of 2009, by the following vote, to wit:
5 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 BAXTER
8 BRINKER
9 SHORETT
10 KELLEY
11 JOHNSON
12 MC CAMMACK
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14
Rachel Clark, City Clerk
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16 The foregoing Ordinance is hereby approved this_day of 2009.
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18 PATRICK J. MORRIS,Mayor
19 City of San Bernardino
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22 Approved as to form:
23 JAMES F. PENMAN
City Attorney
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