HomeMy WebLinkAbout30- Mayor's Office CITY OF SAN BERNf-IDINO - REQUEST F R COUNCIL ACTION
Froin: W. R. "Bob" Holcomb, Mayor Subject: Urgency Ordinance Repealing
Dept: Municipal Code Section 2 . 56 . 140E
Date: February 8 , 1993
Synopsis of Previous Council action:
1985 -- Section 2 . 56 . 140B added to Municipal Code.
Recommended motion:
That Municipal Section 2 .56 . 140B be repealed and that the ordinance
repealing Section 2 .56 . 140B be adopted as an urgency ordinance.
7
S gnature
Contact person: Mayor W.R. "Bob" Holcomb Phone: 5051
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No-- .,L`-�
CITY OF SAN BERNDINO - REQUEST 1' R COUNCIL ACTION
STAFF REPORT
Section 2 .56. 140B of the Municipal Code requires that the roster
showing the issuance of absentee ballots become a confidential
document for the period 30 days prior to the election, but become
a public document on the day after the election.
This section was introduced by the former City Clerk at a time when
there were many reports of candidates handling absentee ballots and
to protect voters from campaign pressure on the date of receiving
the ballot. Confidentiality was recommended with the thought that
if candidates had no knowledge when ballots left the Clerk's Office
it would not be known when each voter received the ballot.
Today, candidates are circumventing the system by telling voters
not to date the applications. Dated applications must be turned in
within four days. Undated applications can be fed into the Clerk's
Office systematically to control the flow. A controlled flow
enables campaign workers to predict the turnaround date and
therefore show up at the voters door on the same day that the
ballot arrives.
Under present circumstances it would be far better to make the
rosters public. Since it has now become impossible to prevent the
campaign worker who turned in the application from knowing the
mail-out date, all candidates should have an equal opportunity to
contact voters who have requested ballots.
It is recommended that Municipal Code Section 2 .56.140B be repealed
and due to the timing of the upcoming election, that the ordinance
repealing Section 2.56.140B be adopted as an urgency ordinance.
75-0264
fir++'
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SAN
BERNARDINO MUNICIPAL CODE 52 . 56 . 140.B RELATING TO THE
3 CONFIDENTIALITY OF THE ROSTER OF ABSENTEE VOTERS AND ABSENT BALLOT
APPLICATIONS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1 . Subsection B of Section 2. 56. 140 of the San
7 Bernardino Municipal Code is hereby repealed.
8 SECTION 2. The letter designation of Subsection A of
9 Section 2. 56. 140 of the San Bernardino Municipal Code is hereby
10 deleted.
12
13
14
16
17
18
19
20
21
22
23
24
25
26
27
28
DAB:km[ABSENTE2.ORD] _1
February 9, 1993
0
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SAN
BERNARDINO MUNICIPAL CODE §2.56.140.B RELATING TO THE
2 CONFIDENTIALITY OF THE ROSTER OF ABSENTEE VOTERS AND ABSENT BALLOT
APPLICATIONS.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of 1993, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
9
REILLY
10
HERNANDEZ
11
MAUDSLEY
12
MINOR
13
POPE-LUDLAM
14
MILLER
15
16
17 City Clerk
18 The foregoing ordinance is hereby approved this day
19 of 1993.
20
H
W. R. olcomb, Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
By:
26
27
28
DAB:km[ABSENTE2.0RDj _2—
February 9, 1993
Im
. 0
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SAN
BERNARDINO MUNICIPAL CODE 52. 56 . 140.B RELATING TO THE
3 CONFIDENTIALITY OF THE ROSTER OF ABSENTEE VOTERS AND ABSENT BALLOT
4 APPLICATIONS AND DECLARING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Subsection B of Section 2. 56. 140 of the San
7 Bernardino Municipal Code is hereby repealed.
8 SECTION 2 . The letter designation of Subsection A of
9 Section 2. 56. 140 of the San Bernardino Municipal Code is hereby
10 deleted.
11 SECTION 3. It is necessary that this ordinance take effect
12 immediately as an urgency ordinance for the immediate preservation
13 of the public place, health or safety to allow the people access
14 to the public documents relating to the upcoming election at the
15 earliest possible moment and to allow those choosing to cast
16 absentee ballots access to necessary campaign information in order
17 that they might cast an informed vote.
18
19
20
21
22
23
24
25
26
27
28
DAB:km[ABSENTEI.0RD] _1
February 9, 1993
j AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SAN
BERNARDINO MUNICIPAL CODE 52.56.140.B RELATING TO THE
2 CONFIDENTIALITY OF THE ROSTER OF ABSENTEE VOTERS AND ABSENT BALLOT
3 APPLICATIONS AND DECLARING THE URGENCY THEREOF.
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of 1993, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
9
REILLY
10
HERNANDEZ
11
MAUDSLEY
12
MINOR
13
POPE-LUDLAM
14
MILLER
15
16
17 City Clerk
18 The foregoing ordinance is hereby approved this day
19 of 1993.
20
W. R. Holcomb, Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25 By: %1` Axl,rove d
26
27
28
DAB:km[ABSENTEI.0RD] —2— February 9, 1993