LBReport.com

Editorial: Do You Want This?
(A Continuing Series)

Councilmembers Gonzalez, Uranga, Mungo Propose These Changes To LB Political Contribution Laws:

  • More Than Double (Councilmembers) Or Triple (Citywide Pols) Allowable Contributed "Officeholder" Slush Fund Totals
  • Allow Now-Banned Transfers Of Campaign Contribs To Other Politicians' Campaigns
  • Consider Creating "Legal Defense Fund"


    (Sept. 16, 2014, 9:50 a.m.) -- LBREPORT.com provides below in its original text (alongside our editorial opinions) proposals that would change LB election campaign laws. We quote their text below as agendized for City Council consideration tonight (Sept. 16) by the Council's "Elections Oversight Committee" (chair Gonzalez, vice-chair Uranga, member Mungo, selected by Mayor Garcia) alongside LBREPORT.com's comments.

    [Scroll down for further] ..



  • Some of the proposals, forwarded to the Committee on Sept. 5 by the City Attorney's office after discussions with persons who make their living running political campaigns and arranging fundraisers, are mainly mechanical (clarifying text, deleting redundant or unconstitutional provisions).

    But in our opinion some of the proposals are malignant. They invite money to further mock democracy in LB's already financially-perverted crony-funded special interest-driven "election process" (in our view among exited Mayor Bob Foster's damaging legacies.)

    The ones cite by us below don't require a vote of the people. They can be enacted with a 2/3 Council vote. Do you want any of these?

    Proposed changeLBREPORT.com comments
    2.01.380 Contributions for officeholder expenses. Notwithstanding any other provision of this Chapter, each elected city officeholder may establish an officeholder expense fund upon taking office. and may solicit and accept Contributions for said officeholder expense fund may be solicited and accepted not to exceed a total amount of ten thousand dollars ($10,000) twenty-five thousand dollars ($25,000) per calendar year for City Councilmembers and twenty-five thousand dollars ($25,000) seventy-five thousand dollars ($75,000) per calendar year for the City Auditor, City Attorney and Mayor

    City Attorney Sept. 5 memo text to Committee: "Current annual amount that can be raised is too low for elected officials to serve/be active in the community, such as by attending community events, sponsoring district events, etc.

    Current rule enables the contribution to be made to the political party, ballot measure committee, PAC, etc. and to buy an ad, etc., but the elected official can't attend the event. Elected officials should be able to attend political events (that are not for candidates) using their officeholder account funds because these events provide opportunities to forge relationships that benefit the community."

    "Officeholder expense funds" were created by the Council after voters enacted the Political Reform Act. They were denounced at the time as a political slush-fund for incumbents by one of the Political Reform Act's prominent advocates, the late Jim Sturm.

    "Officeholder expense funds" enable incumbents to collect contributions from various sources (who may or may not want the Councilmember's support on various items) which the incumbent can then dispense for items that pander to politically useful constituencies or can even be given to political entities.

    Several years ago, the Council already voted to raise the allowable total "officeholder expense" sum to $10,000, enabled by a rationalization offered by City Auditor Doud who portrayed the contributed sums as a way to avoid tapping taxpayer budgeted sums for district items [avoiding focus on their possible use for political party, ballot measure comittee, PACs, etc.] The now-proposed item would more than double the total Councilmembers can receive...and triple the sum for the City Attorney, City Auditor and Mayor.

    2.01,389 Transfer of Funds.

    Campaign funds and o Officeholder funds may not be used as a transfer, loan or contribution to any other candidate for local, State or federal elective office. [City Attorney memo comment] "Recognize that campaigns are a political endeavor and enable campaign funds to be used to make contributions to other candidates."

    In our view, this is among the most mischievous of the Committee's proposals. By striking the first few words of LB's current law, LB officeholders would be to transfer, loan or contribute to any other candidate for local, State or federal elective office. Simply put, if you (or others) give money to your favored candidate X running for one office; if elected he or she could then give the sum to some candidate you may or may not support for some other office.
    2.01.730 Disclosure of occupation and employer. DELETE [City Attorney office memo comment] "State law requires the contribution to be refunded if the donor's information is not obtained within 60 days. If the donations cannot be refunded (e.g. no address or phone #) the funds are required to be turned over to the state's general fund or local jurisdiction's general fund."A direct attack on transparency, this change would enable politicians evade disclosing information about who's trying to elect them to office that is now legally required to be disclosed. "Refunds" mean nothing if they come after the election is over.
    Consideration of a legal defense fundTo defend against challenges by whom or for what? Did any incumbent seeking this mention such a thing when they were seeking votes?

    So...do you want any of these? Remember: they're being proposed within the first 60 days of a new Council majority and a new Mayor.


    Terrace Theater, July 15, 2014


    Opinions expressed by LBREPORT.com, our contributors and/or our readers are not necessary those of our advertisers. We welcome our readers' comments/opinions 24/7 via Disqus, Facebook and moderate length letters and longer-form op-ed pieces submitted to us at mail@LBReport.com.



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