HomeMy WebLinkAbout03 - Regulation of Municipal Campaign Contribution and Expenditure Limits and Establishing Lobbyist Registration, Reporting and Disclosure Requirements - CorrespondenceReceived After Agenda Printed
November 19, 2019
Item No. 3
Subject: FW: Another model for lobbyist registration
From: ienmcd10(a)aol.com
Sent: Monday, November 18, 2019 7:52:30 AM (UTC -08:00) Pacific Time (US & Canada)
To: Dept - City Council
Cc: City Clerk's Office
Subject: Another model for lobbyist registration
Dear Mayor Dixon and Newport Beach City Council,
I've sent you separately a letter signed by 175 Newport Beach voters asking you to pause the adoption of ordinances
2019-19 and 2019-20 in order to conduct a more public review of the options available to the city.
In the course of discussing this issue with other residents, not all of whom signed the letter, one question kept coming up:
why would we adopt a lobbyist registration model that provides minimal transparency and could actually end up benefiting
lobbyists, when much tougher systems have been adopted by other OC cities?
For instance, two years ago, the Anaheim city council adopted a "Sunshine ordinance", requiring that lobbyists submit
quarterly reports on 1/ who they met with, 2/ when the meeting took place, 3/ who from their company took the meeting, 4/
what was discussed, and 5/ how much they are being paid for the lobbying work.
They also have to include in their reports all campaign contributions made during the quarter.
Here is a link to the Anaheim ordinance. Section 1.11.070 could serve as a template for our city.
htto://www.anaheim.net/DocumentCenter/View/17931/Ord-No-6417?bidld=
Here is a link to a blank disclosure form. https://www.anaheim.net/DocumentCenterNiew/17924/Lobbyist-Quarterly-
Report-Schedule-C?bidld=
And here's one that's been filled
out. http://anaheim.net/DocumentCenter/View/28660/2019 Q3 TODD PRIEST AND ASSOCIATES PRIESTTODD
Here's what is found on the Anaheim website...
https://www.anaheim.net/471 O/Lo b byist- Registration -a nd-D isclosu re -Rep
...and here's a link to the annual report the city generates, showing all activity conducted and contributions made during
the year.
https://www.anaheim. net/DocumentCenter/View/25364/2018-Registered-Lobbyist-Report
I think we can all agree that Newport Beach voters are expecting election reforms that will make a real difference. Having
our own "Sunshine" ordinance would:
- make it possible for residents to easily find out who is lobbying our officials and how they are going about it
- allow council members to know which lobbyists and donors their colleagues and staff are meeting with
- help quiet some of the concerns in the community about what's going on behind the scenes at city hall, especially at a
time when we are updating our General Plan, facing new state housing mandates, and making plans to "revitalize"
Mariner's Mile, Marine Avenue and potentially other parts of the city.
It did not take a citizen initiative for Anaheim to adopt serious lobbyist registration requirements. Instead, elected officials
took the initiative in order to address concerns expressed by their constituents. It would send a very strong message to
Newport Beach voters if we also let the sun shine in on our local government.
Respectfully,
Jennifer McDonald
November 18, 2019
Mayor Diane Dixon
Newport Beach Civic Center
100 Civic Center Drive
Newport Beach, CA 92660
By Email: CityCouncil@NewportBeachCA.gov and CityClerk@NewportBeachCA.gov
RE: Public Comments: Proposed Campaign Reform Ordinances
Dear Mayor Dixon and members of City Council,
The 175 undersigned Newport Beach voters urge you to pause the adoption of ordinances 2019-19 and
2019-20, so the Ad Hoc Subcommittee on Election Reform can have time to conduct a more public
review of the City's campaign finance reform options.
While we appreciate the efforts to date, it had been our understanding that prior to developing the
ordinances, the Subcommittee was going to listen to the public's concerns, so they could guide the
ordinances' creation. Instead, after six months of private, unpublicized meetings, the public was
presented, at a single poorly -publicized and sparsely -attended public meeting, with camera-ready copy.
Minor tweaks could be considered if the draft didn't address the public's until -then -unasked concerns.
Among other shortcomings of the lobbyist registration ordinance:
For no obvious reason, paper registration forms are to be filed with and posted by the County
rather than the City, making them much less visible than they should be to Newport Beach
residents. In addition, the County forms ask only for the names of the lobbyist and the clients.
They do not ask lobbyists to disclose the issues they have been hired to lobby about.
Lobbyists are not required to file activity reports of any kind. As a result, while the officials being
lobbied may know they are speaking to a paid lobbyist, the public will have no idea who has
been lobbied, about what or how much they were paid (unless the lobbyist chooses to appear at
a public meeting and voluntarily "confess").
The ordinance prescribes different penalties for "intentional" versus "unintentional" violations,
but unlike the Campaign Contribution ordinance, which requires notice and failure to respond to
establish intentionality, the lobbyist ordinance provides no method to distinguish the two. In
addition, it contains nothing to ensure the penalty, if any, for intentional violation is any worse
than that for unintentional.
..- al.
November 18, 2019
Page 2
And the campaign contribution ordinance:
1. Fails to place any affirmative obligation on the City Clerk to proactively examine all campaign
filings for potential violations (not all of which may be obvious due to the FPPC rules for
aggregation of related -donor contributions) and send notices as indicated.
2. Fails to place any obligation on the City Clerk to investigate potential violations brought to her
attention by members of the public.
3. Does nothing to address the frequently -expressed public concern about developers and other
special interests, including those with business before the council, from padding the re-election
campaign accounts of council members immediately after they win their seats and years before
the actual election. This practice allows incumbents to head into re-election years with large
bank accounts, which discourages grassroots candidates and anyone who isn't independently
wealthy from running against them.
Undoubtedly there are many more concerns that would have come to light through a more thorough
public vetting of our City's money -in -politics issues, including the Subcommittee interviewing those who
feel the existing regulations didn't work for them.
In sum, rather than adopt half -way measures with limited public input in hope they will later be
improved, it seems better to try to get things right from the start.
We have been waiting several years for meaningful reforms and urge the council to take the time
necessary to consult the citizenry and come up with robust solutions that give us greater confidence in
our elections and local government.
We look forward to participating in the process.
Yours sincerely,
Signers listed on the following pages
cc: Leilani Brown, City Clerk
rAM
November 18, 2019 - Page 3
175 Signers listed below
Jennifer McDonald
Dennis Baker
Leslie O'Rourke
Janis Carpenter
Phillip Drachman
Dorothy Kraus
Carl Long
Dennis Bress
Allan Leguay
Carol Hartman
Anne Ewing
Daniel Kretschmar
Jim Mosher
Robert Craig
Cheryl Fischer
Thomas Cullis
Elizabeth Hallett
Carol Strauss
Jill Nelke
Jill Ayres
Lynn Lorenz
Peggy Palmer
Michael Palmer
i
Nancy Thompson
Nicole Reynolds
James Sutter
Andrew Leguay
Patty White
Ed Siebel
Cynthia C. Siebel
Jane Drew
Dianna Sahhar
Allan Beek
Susan & Larry Becker
Lauri Preedge
Joseph Munday
Phoebe Loos
Janet Ronnenberg
Nancy Lynn Beck
Susan menning
ROBERT HANLEY
Diane Fullerton
Nancy Skinner
Deborah Lucas
Robert Bielen
Margaret Bielen
Emily Ziebell
Sylvia Burnett
Joan Nichols
Catherine Trotta
Tim Stoaks
Linda Watkins
Cathy Wyatt
Charles Klobe
Brett Hemphill
Pauline Smith
Karen Tringali
John Reilly
Martha Tringali
georgia foell
William White
Monica Burke
Carole Johnson
JEAN POWELL
Joy Heilig
Jean Watt
Gia Gaffaney
Lorian Petry
ROY ENGLEBRECHT
.
rAM
November 18, 2019 - Page 4
175 Signers listed below (cont'd)
Stephen Sholkoff
phil green
Dr. Donald Wise
Benjamin Rubin
Annie LINDT
Michael Pilsitz
ernest bastien
Gail Hirsch
Donna Bahney
Daniel VOGT
Clifford Jordan
Denys Oberman
John Johansson
carol hartman
Ken Thompson
Bob Yant
John Kidde
Donna Kidde
Suzanne Gauntlett
Berkeley Gauntlett
Sorrell & Newt Wayne
Alan Miller
Murphy McCann
Sharon Wohl
Anne Gordinier
Susana Hegstrom
lauren Mulvaney
Mary Ann Hemphill
Michael Smith
Robert Parker
Ruth Evans
Andrea Lingle
Win Rhodes
Susan Skinner
Mary Peikert
Lizann Barman
Lynn Swain
Faye Hezar
Marsha Kendall
Elisabeth Hau
Christine Sims
Franklin Sims
Lydia Sharp
Wendy Marine
Hall & Melinda Seely
Charlette Peterson
Ben Cagle
Catharine Hardesty
Sue Dvorak
Shari Ciko
Esther Fine
Eileen McLemore Lloyd
Richard Lloyd
Anne Pamella Marks
Kent Moore
Peggie Fariss
Tom Baker
Lu Baker
Lynda Adams
Val Fletcher
Libby Frolichman
Kathleen Johnson
Margaret Rumsfeld
Judy Strauss
carol gates
Carol Lind
Seychelle Cannes
Gary Nielson
Linda Ernst
.
November 18, 2019 - Page 5
175 Signers listed below (cont'd)
Barbara Shelton
Richard & Deborrah Lugo
Miki Csintalan
Beverly White
Susan Eaton
Gordon Henry
Laurie Sanders
Tully & Janette Seymour
Gail & Sorel Reisman
Sandra Warren
James Warren
i
Laurie Smith
portia weiss
Richard Weiss
Vicki Ronaldson
Don Ronaldson
Lukas Ronaldson
JD Fox
Gary Ranes
MaryAnn Bruce
Nancy Scarbrough
Remy Weiss
Katherine Meleski
Marjaneh goodarzy
kayvon goodarzy
Sohrob goodarzy
Valerie Carson
Thomas Carson
Linda Oeth
Lori Morris
.