HomeMy WebLinkAbout09 City Attorney and City ClerkOR' 1
STAFF REPORT
Council Meeting Date: November 23, 1998
TO: Mayor and Common Council
FROM: City Attorney's Office, City Clerk's Office
DATE: November 18, 1998
AGENDA: November 23, 1998
On January 6, 1998, United States District Court Judge Lawrence K. Karlton issued a
preliminary injunction that barred the Fair Political Practices Commission (FPPC) from enforcing
the provisions of Proposition 208 until the California Supreme Court had an opportunity to review
the measure and the matter was returned to Judge Karlton for final disposition.
The FPPC filed a Notice of Appeal to the Ninth Circuit Court of Appeal on February 3, 1998,
challenging all parts of Judge Karlton's order, including his findings on the unconstitutionality of the
contribution and spending limits. Judge Karlton has since issued a stay of the part of his order
requiring the FPPC to file an original petition in the California Supreme Court.
In a 1998 Addendum to Campaign Manuals issued by the FPPC, the Commission has
indicated that advice letters concerning Proposition 208 provisions are suspended while the
preliminary injunction remains in effect. Given the uncertainty of the ultimate outcome of the appeal
and final disposition of the subject case, and the confusion that surrounds the validity and application
of local ordinances even though Judge Karlton did not directly rule on them, the FPPC has suggested
several different options which local government agencies can exercise, including suspension of such
ordinances until the subject case has been finally resolved. Given the nearness of the upcoming
Special Election now set for February 2, 1999, the City Attorney's Office and the City Clerk's Office
feels that suspension of the voluntary expenditure ceiling ordinance is a better option to follow at
this time rather than attempting to enforce its provisions or outright repeal.
The case has been fully briefed and is currently set for oral argument in the Ninth Circuit
Court of Appeal on December 8, 1998 at 9:00 a.m. in Courtroom No. 1, in San Francisco.
es F. Penman
ty Attorney
Rach 4 G. Clark
City Clerk
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ORDINANCE NO.
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO SUSPENDING SECTION
2.56.195 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ELECTION
2 VOLUNTARY EXPENDITURE CEILING
3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
4
5 SECTION 1. Section 2.56.195 of the San Bernardino Municipal Code relating to Election
6 Voluntary Expenditure Ceiling is hereby suspended pending the outcome of the appeal and final
7 disposition of the case entitled California Prolife Council Political Action Committee v Scully,
8 98 -15308 (CIV -S -96 -1965 LKK).
9 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
10 and Common Council of the City of San Bernardino at a meeting thereof,
11 held on the day of , 1998, by the following vote, to wit:
12 Council Members: AYES NAYS ABSTAIN ABSENT
13 ESTRADA
14 LIEN
15 VACANT
16 SCHNETZ
17 DEVLIN
18 ANDERSON
19 MILLER
20
CITY CLERK
21
The foregoing Ordinance is hereby approved this day of , 1998.
22
-3) JUDITH VALLES,
ayor
24 City of San Bernardino
Approved as to form
25 and legal content:
26 JAMES F. PENMAN,
City orney
27 �
By:
28
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