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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 HTC:ea[VolExp.srp] 467 a% 71� IF 14 colpv 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 HTC:ea[Vo1Exp.Ord] 1