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San Diego County, CA November 7, 2000 Election
Proposition A
Disclosure of Contractors' Contributions
County of San Diego

558,818 / 68.44% Yes votes ...... 257,637 / 31.56% No votes

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Information shown below: Official Information | Impartial Analysis | Arguments | Full Text

PROPOSED AMENDMENT TO THE SAN DIEGO COUNTY CHARTER ENTITLED "FULL DISCLOSURE IN COUNTY CONTRACTING CHARTER AMENDMENT" Shall the San Diego County Charter be amended to require contractors and their lobbyists to publicly disclose gifts and campaign contributions made to members of the Board of Supervisors prior to the Board's approval of service contracts?

Official Sources of Information
Impartial Analysis from the County Counsel
This proposition would amend the San Diego County Charter to require certain contractors and their registered lobbyists to (i) publicly disclose gifts made by them to members of the Board of Supervisors (hereinafter referred to as "Supervisors") and their immediate family members, and (ii) publicly disclose all campaign contributions made by them to the Supervisors and their controlled committees.

The disclosure requirements in this proposition apply to contractors who are seeking to enter into, amend, or extend a contract with the County to perform services for or on behalf of the County. The disclosure requirements also apply to the registered lobbyists of such contractors. The disclosure must specify gifts and all campaign contributions made by contractors and their lobbyists during the year preceding the date of the disclosure by the contractor or registered lobbyist. The types of gifts required to be disclosed, including minimum amounts of what must be disclosed, are governed by the provisions of State law that are applicable to the reporting of gifts. A contractor's disclosure also must include gifts and campaign contributions from principal owners and principal officers of the contractor.

The disclosure must be filed with the County prior to the Board's approval, amendment, or extension of any service contract. The disclosures must be on file with the Clerk of the Board of Supervisors and, in addition, available to the public on the County's internet site.

This proposition also requires contractors to pay the County's costs of implementing the disclosure requirements imposed on both the contractors and their registered lobbyists. Payment from the contractor would be required at the time of the disclosure. After the Board's decision on a service contract, if it is later discovered that required disclosures are incomplete or inaccurate due to intentional misconduct or gross negligence, the service contract may be voided at the discretion of the Board of Supervisors. The proposition also clarifies that the Board of Supervisors may continue to delegate its authority to approve service contracts to the Purchasing Agent or other County officials in order to continue the County's practice of permitting the Purchasing Agent and other County officials to approve service contracts outside the political arena.

Proposition A states that it is in conflict with Proposition B on the November 7, 2000 ballot, and if each proposition is approved by a majority vote of those voting on the proposition, the measure with the highest affirmative vote shall prevail, and the measure with the lowest affirmative vote shall be deemed disapproved.

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Arguments For Proposition A Arguments Against Proposition A
Proposition A is sponsored by the San Diego County Taxpayers Association.

Proposition A will amend the San Diego County Charter to require a full disclosure of all gifts and campaign contributions to members of the Board of Supervisors prior to the Board's approval of service contracts.

A yes vote for Proposition A closes a gift and campaign contribution loophole and adds important new safeguards to the County Charter.

  • Contractors and their lobbyists will be required to report all gifts and campaign contributions to County Supervisors.
  • Proposition A will increase full public disclosure without adding any administrative costs to the taxpayers.

Current law only requires elected officials to report the gifts they receive. Individuals who give gifts do not have to publicly disclose their actions. Proposition A closes this loophole by mandating full and accurate reporting by any business that contracts with the County of San Diego. Proposition A forces lobbyists who work for contractors to publicly disclose gifts and contributions to County Supervisors.

Additionally, deliberate violations of the law by contractors or their lobbyists can result in voiding of a contract. This safeguard means that there will be full and open disclosure because contractors with San Diego County will not want to risk that penalty. State law only mandates reporting of gifts and campaign contributions by elected officials. Proposition A is a much needed expansion of that law. This charter amendment closes a big loophole by requiring that contractors and their lobbyists disclose any gifts they give. Proposition A is an historic step forward in political reform and most important, as an amendment to the San Diego County Charter, only the voters can change this law, not the politicians.

SCOTT BARNETT, Executive Director, San Diego Regional Economic Development Corporation

JULIE MEIER WRIGHT, President, San Diego County Taxpayers Association

CAROLYN CHASE, C. P. A. Editor, www. sdearthtimes. com

APRIL BOLING, Vice President, San Diego County Taxpayers Association

BARRY NEWMAN, Deputy Foreman, 1999-2000 San Diego County Grand Jury

Rebuttal to Arguments For
Don't be fooled. Proposition A is designed to hide corruption, not to fight it!

Read both Proposition A and Proposition B for yourself.

Proposition B requires full public disclosure of all meetings, all gifts, all contributions, and all contacts with lobbyists before a contract is voted. Violations are a misdemeanor. Contracts approved in violation of the law are void.

Proposition A requires no public disclosure of lobbying activities by special interests no revelations of their secret meetings and back room deals. Proposition A has no real penalties and allows contracts to be approved without a public vote.

Special interests and politicians wrote A to defeat Proposition B and prevent their secret meetings and back room deals from becoming public. Proposition A has a killer clause in its fine print (Section 1008) that nullifies Proposition B even if Proposition B passes.

100,000+ citizens signed petitions to put Proposition B on the ballot. Proposition B puts teeth in the fight against corruption.

The so-called "taxpayers association" supporting A and opposing B is really a front group for special interests and lobbyists. Its board includes representatives of SDG& E, developers, banking, and other interests that regularly lobby county politicians.

WARNING! Even the language on your printed ballot is deceptive. The County politicians who placed A on the ballot to defeat B actually wrote the ballot language describing both measures. That's why A is more attractively described than B.

Tell the lobbyists and politicians this is OUR government NOT theirs! Vote NO on Proposition A.

SHEILA GARRETT, Chairwoman, Southern California Association of Code Enforcement Officers

BILL FARRAR, President, San Diego Police Officers Association

DUNCAN MC FETRIDGE, President, Save our Forest and Ranchlands

CHARLIE WILLIAMS, Director, Region 8A, Congress of California Seniors

JAMES SHEPHERD President, North County Small Business Association

DON'T BE FOOLED! Proposition A was written by politicians and special interests to protect themselves NOT the public.

Proposition A has only one purpose: to defeat Proposition B.

Proposition A attempts to deceive voters by appearing to fight corruption. Read the fine print. Proposition A does nothing to fight corruption. But, buried in the fine print, is a "killer clause" that will nullify Proposition B if Proposition A passes.

Who's behind Proposition A?

Proposition A was drafted by the County Board of Supervisors and a so-called "taxpayer" group whose board of directors includes utility, oil company, development, banking, alcohol, hotel and other interests that lobby county government.

Proposition A was written because 100,000+ voters signed petitions to force Proposition B onto the ballot. They even named Proposition A in a deceptive way to fool the voters.

Why are the special interests so afraid of Proposition B?

Proposition B will fight corruption by forcing the full light of public disclosure to shine on the back room deals that benefit special interests at the public's expense.

Proposition B requires full disclosure of all special interest lobbying activities and campaign contributions before a contract can be voted on.

Proposition A merely repeats the weak, loophole-ridden disclosure rules in existing law.

Proposition B makes violation of the law a misdemeanor and voids any votes taken in violation of the law.

Proposition A includes no real penalties or enforcement of even its watered down provisions.

Proposition A will do NOTHING to fight corruption.

Proposition A will let the back room deals, the gifts, and the campaign contributions continue to flow. Read the fine print. It's a fraud.

Tell the politicians and special interests that we will not be fooled!

Tell them this is OUR government -NOT theirs!

Vote NO on Proposition A!

CHARLIE WILLIAMS, Director, Region 8A, California Congress of Seniors

BILL FARRAR, President, San Diego Police Officers Association

DUNCAN MC FETRIDGE, President, Save our Forest and Ranchland

HOWARD OWENS, Executive Director, Consumer Federation of California

CARL BISHOP US, Marine Corps, Retired

Rebuttal to Arguments Against
These are the simple facts about Proposition A:

Proposition A requires full disclosure.

Proposition A requires lobbyists to disclose all gifts and contributions made to County Supervisors.

Proposition A closes a big loophole in current law: Currently, the County Charter does not require lobbyists to publicly disclose the gifts they give elected officials. Proposition A closes that loophole by requiring public disclosure of gifts and contributions made by county contractors and their lobbyists.

Proposition A ensures full disclosure without adding any administrative costs to the taxpayers.

Proposition A requires disclosure of all gifts and contributions to members of the Board of Supervisors before the Board may approve any contracts. Most importantly, it maintains needed funds for public safety and other essential services. Proposition A is the only measure to require more disclosure of gifts and contributions WITHOUT increasing costs to the taxpayers.

Violations of this law by contractors or their lobbyists can result in contracts being voided. This severe penalty acts as an important deterrent.

Proposition A is an amendment to the County Charter, so only the voters can change it, not the politicians and lobbyists. Current law does not require full disclosure on the part of contractors and their lobbyists. Proposition A closes this loophole by establishing a much-needed double reporting.

Proposition A is sponsored by the San Diego County Taxpayers Association.

Yes on Proposition A.

SCOTT BARNETT, Executive Director, San Diego County Taxpayers Association

CASEY GWINN, San Diego City Attorney

JULIE MEIER WRIGHT, President, www. sdearthtimes. com

CAROLYN CHASE, San Diego Regional Editor, Economic Development Corporation

HECTOR MOLINA Vice President, San Diego County Hispanic Chamber of Commerce

Text for Proposition A
PROPOSED AMENDMENTS TO THE SAN DIEGO COUNTY CHARTER RELATING TO A COUNTY MEASURE ENTITLED "FULL DISCLOSURE IN COUNTY CONTRACTING CHARTER AMENDMENT"

On motion of Supervisor Slater, seconded by Supervisor Horn, the following resolution is adopted:

IT IS RESOLVED AND ORDERED by the Board of Supervisors of the County of San Diego pursuant to the provisions of article XI, section 3 of the California Constitution and Articles 2 and 3 (commencing at § 23720) of Chapter 5, Division 1, Title 3 of the Government Code, that the Board of Supervisors proposes that the San Diego County Charter be amended by adding section 1000.1 as hereinafter set forth and that said proposed amendment be submitted to the qualified electors of the County of San Diego for ratification or rejection at a special election to be consolidated with the statewide general election held on November 7, 2000, in the County of San Diego, State of California.

IT IS PROPOSED that the San Diego County Charter be amended by adding Section 1000.1 to read as follows: Section 1000.1: Avoidance of conflicts of interests.

(a) Intent. State law allows members of the Board of Supervisors to accept gifts and campaign contributions from potential and existing contractors and their officers, owners, and lobbyists. Public disclosure of these gifts and campaign contributions is required, but there is no requirement in State law that disclosure be made immediately prior to the time the Board of Supervisors considers approval, amendment or extension of service contracts. This Charter section is intended to require public disclosure of gifts and campaign contributions to members of the Board of Supervisors by potential and existing contractors and their registered lobbyists prior to Board consideration of the service contracts. If the required disclosure is not complete and accurate, the contract will be voidable. This Charter section is intended to protect against actual and perceived conflicts of interests by requiring timely public disclosure of the gifts and campaign contributions from contractors and their registered lobbyists when service contracts are being considered by the Board. This section is also intended to allow contracting to be conducted outside of the political arena.

(b) Disclosure. Any person or entity whose service contract is to be considered by the Board of Supervisors for approval, amendment, or extension, and the registered lobbyists of such person or entity, must make a public disclosure of gifts and campaign contributions made to members of the Board of Supervisors prior to the Board's decision. Hereinafter, reference to "contractor" within this section shall mean any person or entity whose service contract is to be considered for approval, amendment, or extension by the Board of Supervisors, and reference to "registered lobbyist" shall mean any person who is registered as a lobbyist with the County of San Diego. At least four (4) calendar days before the day of the meeting of the Board of Supervisors at which the approval, amendment or extension of the service contract is to be considered by the Board, the contractors and their registered lobbyists shall disclose in writing the following:
(1) All gifts that are reportable pursuant to the provisions of the Political Reform Act of 1974, as amended, given by contractors and their registered lobbyists to any member of the Board of Supervisors or to the immediate family of such member during the year preceding the date of the disclosure.
(2) All federal, State and local campaign contributions made by the contractors and their registered lobbyists to any member of the Board of Supervisors or his or her controlled committees during the year preceding the date of the disclosure. If there are no gifts or campaign contributions to disclose, that fact shall be disclosed in writing by the contractors or their registered lobbyists within the time limit set forth above.

(c) Disclosure Requirement and Definitions.
(1) The contractor's disclosure shall include gifts and all campaign contributions from: (i) any natural person or legal entity constituting the contractor, and (ii) any principal owner or principal officer of the contractor.
(2) The registered lobbyist's disclosure shall include gifts and all campaign contributions from the registered lobbyist.
(3) "Principal owner" of a limited partnership shall include all general partners but not the limited partners.
(4) "Principal owner" of a corporation, trust or joint venture shall include all persons and entities who own directly, indirectly or beneficially a ten percent (10%) interest or greater.
(5) "Principal officer" includes any member or a chairperson of a board of directors, president, any vice president, secretary, treasurer, chief financial officer, general manager, trustee and any person performing substantially the same functions associated with the above titles, regardless of their actual titles.
(6) "Principal officer" shall also include the person or persons employed by the contractor and in charge of contracting with the County on behalf of the contractor, including, but not limited to, regional managers and regional division heads.

(d) Filing and dissemination. The required written disclosure by the contractors and their registered lobbyists shall be filed with the Clerk of the Board of Supervisors on a form prescribed by the Clerk and shall be open to inspection by all members of the public. In addition, the Clerk of the Board shall make all disclosures available to the public on the County's internet site after they are filed with the Clerk and prior to the day on which the Board acts on the service contract. The County's cost of implementing the disclosure required by this section in respect to any specific contractor shall be paid by that contractor at the time of the required initial disclosure of the contractor or the contractor's registered lobbyist.

(e) Supplemental disclosures. Gifts or campaign contributions from contractors or their registered lobbyists to members of the Board of Supervisors made subsequent to the required written disclosure, but prior to the Board's decision to approve, amend or extend the service contract, and any gift or campaign contribution inadvertently not included in the initial written disclosure, shall be disclosed in writing at the meeting of the Board of Supervisors to consider the contract and announced by the Clerk of the Board prior to the Board's decision to approve, amend, or extend the contract.

(f) Exclusion of contracts with governmental entities. This section shall not apply to contracts between the County of San Diego and other governmental entities.

(g) Voidability of Contracts. If, subsequent to Board approval, amendment or extension of a service contract, the disclosure required by this Charter section is found by the Board of Supervisors to be substantially incomplete or inaccurate due to intentional misconduct or gross negligence of the contractor or the contractor's registered lobbyist, the contract may be voided at the discretion of the Board of Supervisors. All service contracts approved by the Board on or after January 1, 2001, shall include a provision stating that the contract is voidable as provided above. In addition, the contractor shall submit a written certification that the contractor and the contractor's registered lobbyist have complied with the disclosure requirements imposed by this charter section.

(h) Delegation. In accordance with applicable law, and the provisions of this Charter, the Board of Supervisors may continue to delegate to the County's Purchasing Agent or to other appropriate

County officers the authority to approve service contracts in order to permit the Purchasing Agent and other appropriate County officers to continue to approve service contracts outside the political arena.

(i) No additional disclosure. This Charter section sets forth the complete disclosure requirements to be applied specifically to the County's contracting process. No additional disclosure in the specific context of the County's contracting process shall be required, except as may be required by State legislation or a Charter amendment which is adopted subsequent to the effective date of this section.

(j) Construction. This section shall be interpreted and construed in accordance with the provisions and definitions contained in the California Political Reform Act of 1974, as amended, and the regulations of the Fair Political Practices Commission adopted pursuant thereto.

IT IS FURTHER PROPOSED that the San Diego County Charter be amended by adding Section 1008 to read as follows:

Section 1008: Operative Date and Operative Effect: The amendment to the San Diego County Charter, which includes the addition of Section
1000.1, shall become operative on January 1, 2001 if approved by the voters on November 7, 2000. Further, this amendment to the San Diego County Charter, which adds Section 1000.1 to the Charter, is in conflict with another measure on the November 7, 2000 ballot entitled "The Clean Contracting Charter Amendment," which proposes to add Sections 502 through 502.6, inclusive, to the San Diego County Charter. Based upon the conflict between these two measures, if each measure is approved by a majority vote of those voting on each measure, then the measure with the highest affirmative vote shall prevail, and the measure with the lowest affirmative vote shall be deemed disapproved and shall have no force or effect.


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Created: January 25, 2001 02:34
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