HomeMy WebLinkAbout27- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: HUSTON T. CARLYLE, JR. Subject: RESOLUTION OF THE CITY OF SAN
Senior Assistant City Attorney BERNARDINO OPPOSING PROPOSITION
226, AND INITIATIVE TO CHANGE THE
Dept: CITY ATTORNEY WAY EMPLOYERS AND LABOR UNIONS
Date: May 11, 1998 ORIGINAL MAKE CAMPAIGN CONTRIBUTIONS.
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt Resolution.
Sign `ture
1
Contact person: Huston T. Carlyle, Jr. Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
75-0262 Agenda Item No.91
s/ir ?4?
HTC:ea[Prop226.rca]
STAFF REPORT
Council Meeting Date: May 18, 1998
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: May 11, 1998
AGENDA: May 18, 1998
The Mayor asked the City Attorney to place on the Council Agenda for this meeting the
proposed Resolution in Opposition to Proposition 226. This request was based upon correspondence
received by the Mayor from interested parties. A copy of the League of California Cities'letter dated
April 13, 1998 setting forth its opposition to Proposition 226 is attached.
Also attached is a copy of the League's analysis of Proposition 226, as gleaned from the
Legislative Analyst's Office.
! ry
r
r
Huston T. Carlyle, Jr.
Senior Assistant City,f t ney
Attachments
HTC:ea[Prop226.SRP]
I RESOLUTION NO.
2 RESOLUTION OF
TO CHANGE THE WAY EMP I01'OPPOSING
RS AND LABOR UNIONS
226, AND INITIATIVE
3 MAKE CAMPAIGN CONTRIBUTIONS
4 WHEREAS, Proposition 226 would place expensive and cumbersome reporting and record
5 keeping requirements on employers mandated to track their employees' approved payroll deductions;
6 and
7 WHEREAS, Proposition 226 may require employees to approve payroll deductions relating
8 to benefits, investments, charitable contributions and others, and could unnecessarily open the
9 contract negotiation process; and
10 WHEREAS Proposition 226 is a misguided and abusive use of the initiative process since
11 its primary goal is to debilitate the political efforts of labor organizations and not to craft sound,
12 meaningful policy reform; and
13 WHEREAS,State Controller Kathleen Connell has stated that the initiative ". . . will impose
14 significant administrative burden and cost to all California taxpaying employers--both in the public
15 and private sector.
16 NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
17 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
18 SECTION 1. That the Mayor and Common Council of the City Of San Bernardino oppose
19 Proposition 226.
20 SECTION 2. That the City Administrator is directed to send copies of this Resolution to
21 the League of California Cities, area Legislative Representatives and other parties that may request
22 such copies.
23
24
25
26
27
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1 May 11, 1998
HTC/ea[Prop226.Res]
I RESOLUTION OF THE CITY OF SAN BERNARDINO OPPOSING PROPOSITION
226, AND INITIATIVE TO CHANGE THE WAY EMPLOYERS AND LABOR UNIONS
2 MAKE CAMPAIGN CONTRIBUTIONS.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof, held on the
5
day of May, 1998, by the following vote, to wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
ESTRADA
8
LIEN
9
ARIAS
10
SCHNETZ
11
DEVLIN
12
ANDERSON
13
MILLER
14
15
16 City Clerk
17
The foregoing Resolution is hereby approved this day of May, 1998.
18
19 Mayor
Judith Valles,
20 City of San Bernardino
21
Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
24
25 By:
26 /
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HTC/ea[Prop226.Res] 2 May 11, 1998
League of California Cities
1400 K Street.Suite 400 a Sacramento, Caldomia 95814
Phone: (916)658-8200 Fax: (916)656-8240
www.caddies.org
April 13, 1998
Jessica Reynolds
Californians to protect Employee Rights
"NO on Proposition 226"
1510 J Street, Suite 115
Sacramento,CA 95814
Dear Jessica:
As you know,at its March 27-28 meeting,the League of California Board of Directors
voted to oppose Proposition 226.
The League opposes Proposition 226 because:
• proposition 226 would place expensive and cumbersome a eirpemployees' approved
keeping requirements on employers mandated
payroll deductions.
Proposition 226 may require employees to approve payroll deductions relating to
benefits,investments,charitable contributions and others,and could unnecessarily
open the contract negotiation process.
• Proposition 226 is a misguided and abusive use of the initiative process since its
primary goal is to debilitate the political efforts of labor organizations and not to craft
sound,meaningful policy reform.
Good luck in your efforts to defeat Proposition 226. Please let us know how the League
may assist you.
Sincerely,
Dwight Stenbakken
Assistant Director, Legislation and Policy Development
The measure requires that voters be in-
PROPOSITION senad onmdh Cg sr hrtt1e PROPOSITION
congressional term limit amendment Specifi-
cally; all election ballots for a candidate for
Congress or the state legislature shall include
the statement"Disregarded voters'instruction
on term limits"if the candidate,as an office-
holder in Congress or the state legislature, '
voted against or failed to support the request
for the constitutional amendment or failed to
vote for the amendment if it is sent to the states
to be ratified.Thus,the proposition essentially
requires that the votes of a member of Con-
Limiting gress or the legislature,including procedural Political Contributions
Congressional Terms votes taken during hearing%be evaluated to From Employers,
determine whether the member supported the Labor Unions and
Background term limits proposed in this rneastrre.
California's delegation to Congress consists of A person who is a candidate seeking elec- Foreign Entities
two senators and 52 representatives.Senators tion to Congress,the state senate or assembly
and is not an incumbent would be allowed to Background
are elected for a term of six years and repre- 'This proposition would change the way em-
sentatives for a term of two years.The U.S.Cori sign a term limits pledge to support the pro- P Po g Y
stitution sets the general qualifications and pow limits on congressional terms.If the can- plovers and labor unions make campaign con-
duties of members of Congress. didate does not sign this pledge,the statement tributions.It would also prohibit contributions
Federal law does not limit the number of "Declined to pledge to support term limits" by foreign entities.
terms a person may be elected to serve as a would be placed next to the candidate's name Employers make a variety of payroll deduc-
senator or representative in Congress.In 1992, on the ballot. tions from their employees'wages,such as de-
California voters adopted Prop.164,which es- The proposition requires that the California ductions for Social Security, income taxes,
tablished term limits for California's senators Secretary of State.who oversees the state's medical plans and charitable contributions.The
and representatives in Congress. However, elections,determine whether one of the two deductions are sent to various organizations,
Prop. 164 is not likely to$o into effect This is statements should be placed next to a businesses and governments. Existing law
because the U.S. Supreme Court ruled. in a candidate's name on the ballot does not require employers to identify how the
case involving similar limits established by organizations will use the monies.
Fiscal impact Many workers in California belong to labor
other states,that the qualifications of office for The proposition would result in additional costs unions.In addition.many workers who do not
federal elective officials may be changed only
by amendment to the constitution. to the secretar} of state to track and review belong to a union worst for a business or organs
Congress can propose amendments to the the voting records of members of Congress nation in which a union provides collective bar-
constitution with the approval of two-thirds of and the legislature regarding term limits,and gaining and representation for all of the employ-
the members of both houses.All amendments to make the determinations described above ees.both union members and nonmembers.
must ultimately be ratified by three-fourths of regarding ballot statements. In addition, the Workers who are represented by unions pay
the states before they can become part of the measure would result in additional costs to dues or fees to the unions.In most cases,such
constitution.
counties to add the statements to the ballots. dues or fees are automatically deducted by the
Source:Legrslatiee Analyst's Office employer from the workers'wages and sent to
Proposal the union.The union may use some of the dues
This proposition declares that it is the official League of California Cities or fees for political activities.A union member
position of the people of California that its Position:Oppose may request that his or her dues or fees not be
elected officials should vote to amend the U.S. used for political activities,although there is
Constitution to limit a person to no more than no legal requirement that the union honor the
two terms(or a total of L years)as a senator request If a non-union member requests that
and no more than three terms(or six years)as the fees not be used for political activities,the
a representative.The measure instructs the union must comply with the request
California State Legislature to ask Congress Currently, federal law prohibits a foreign
to enact such an amendment If an amendment For lornntlon.vhR national from making a contribution to or ex-
is proposed by Congress, the measure in- dw 9aet011wy of sta0tt's webe tt at penditure for a federal,state or local election
structs the members of the legislature to vote ht�lhrvratss Bang '0 dons campaign for a candidate for public office.A
to ratify it
rnrrtinued
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WMYR`V Cmr,MAY 1998
_ I
1
i
June Ballot Measures,continued
Proposition 226,continued A violation of the provisions of the measure
would be punishable by the existing criminal P R O P O S I T 10 N
foreign national is defined as a foreign gov- and civil penalties established in the Political
ernment,certain foreign businesses and or- Reform Act of 1974.The Fair Political Practices
ganizations,and any person who is not a citi- Commission(TM wow be responsible for
zen or lawfid permanent resident of the United enforcement.
States. Federal law also prohibits a person Fiscal impact
from accepting a campaign contribution from The proposition would result in additional costs
a foreign national. to the state and local governments in two areas
In addition,state law prohibits a foreign gov- First, the measure would result in state
ernment or business,or a person outside of costs to the FPPC to enforce its provisions.
the U.S.who is not a U.S.citizen,from making The costs could be offset in part by fines im-
a contribution or expenditum in connection pow by the FPPC for violations of the mea•
with a campaign for a state or local ballot mea- sure.The net costs are unknown but prob- English as Required
sure.State law also prohibits a person or a po- ably are not major. - Language for Public
litical campaign committee from soliciting or Second.the proposition could result in addi t
accepting a contribution for a ballot measure tio� costs could state and b School Instruction
son onside th gvverarnent,business or per cal governments to review payroll deductions
son outside the U.S. of their employees and to keep additional Background I
Proposal records.The extent of these costs would prob- California's public schools serve 5.6 mtbion stu- i
ably depend on the regulations developed by dents in kindergarten through 129th grades(K—
This proposition makes two primary changes the FPPC The state controller's office esti- 12).In 1996-97,schools identified 1.4 million,
to California's Political Reform Act of 1974,an mates that its annual administrative costs or 25 percent.of these students as limited En- j
initiative adopted by the voters that established hsh proficient(LEP).These are students who j
guidelines and requirements for political can would be up to approximately$2 million,with g p
one-time costs in the range of$2�45 million. cannot understand English Weil enough to keep
Mates and campaigns First.it establishes new Local governments could incur the same type up in school.Eightymeight percent of the state's
equirements with regard to payroll deductions of administrative costs schools had at least one LEP student,and 71
for political activities Second.it establishes in percent had at least 20 LEP students
state law a provision similar to federal law pro- Source:Legislative Analyst's Office Under current law,schools must make their
hibiting a candidate for public office from so- lessons understandable to LEP students.To
liciting or accepting campaign contributions League of California Cities
Position:Oppose help schools address the needs of these stu-
from a foreign national. dents,the California State Department of Edu-
Under this proposition. if an employer de- cation created guidelines for the development
ducts monev from an employee's wage-,that of local LEP programs.Under these guidelines:
the employer knows,or has reason to know. •The main goal of all programs is to make
will be used for poetical campaign activities. ALL ABOUT TOWN LEP students fluent in English:
the employer must annually obtain the • Programs must allow LEP students to do
emplovee's signed authorization to make the well in all school work.In some cases.this
deduction.These requirements apply to both CANDIDATES NIGHT means teaching some subjects to LEP stu-
prirnate and government employers. dents in their home languages;
Similarly.in order for a labor union to use a • Schools must allow all LEP students the op-
portion of the dues or fees it collects for po- lion of being in bilingual programs.A bilin-
litical campaign activities, the measure re- gual program is one in which students are
quires the union to obtain the worker's signed o, taught both in their home language and in
authorization each year to use the money for English:and
those activities. • Schools must allow parents to choose
The proposition requires that employers and whether or not their children are in bilingual
labor unions keep certain records,including a programs
copy of the authorization form Schools currently use a range of services
Similar to existing federal law.this measure to help LEP students learn how to speak,read
would make it illegal under state law for any and write English;and learn academic sub-
person or political campaign committee to so- jects such as math,reading.writing,history
licit or accept a campaign contribution for a care ] and science.
didate for public office from a foreign national
'Crust is my platform'
i
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IEAGL'E OF CALffozNIA CCCIES