discussion of campaign finance recommendations from the final report of the task force on ethics...

Discussion of Campaign Finance Recommendations

From the Final Report of the Task Force on Ethics & Campaign Finance

Reform

Presented by Thomas B. Drage, Jr.County Attorney

Discussion Outline

Introduction

Task Force recommendations

Legal issues/other jurisdictions

Implementation options

Board direction

Discussion Outline

Introduction

Task Force recommendations

Legal issues/other jurisdictions

Implementation options

Board direction

IntroductionThe Task Force on Ethics and Campaign Finance

Reform met from March to November of 2007.

The Task Force presented its Final Report to the BCC on January 29, 2008.

20 recommendations are contained in the Final Report -- -- 16 recommendations on ethics-- 4 recommendations on campaign finance

IntroductionOn January 29 the BCC requested the County

Attorney evaluate the campaign finance recommendations for BCC discussion prior to the start of the 2008 Florida Legislative session.

The first day of Legislative session is Monday March 4, 2008.

House bill drafting deadline was January 25, 2008.

Discussion Outline

Introduction

Task Force recommendations

Legal issues/other jurisdictions

Implementation options

Board direction

Recommendations

TF Recommendation #1 – moving up dates.

The County seek legislation to require local campaign finance reports be filed six days prior to an election.

The County seek legislation to ban local acceptance

of contributions seven days before the election.

Recommendations

TF Recommendation #2 – requiring electronic reports.

The County require that campaign finance reports of candidates for Mayor and the BCC be filed electronically with the Orange County Supervisor of Elections and be accessible on the Supervisor’s web site.

Recommendations

TF Recommendation #3 – requiring corporate disclosure when contributing to campaigns.

The County require disclosure by the contributor and candidate of greater than 25% ownership interest when a contribution is made to a candidate for Mayor or BCC by someone other than a natural person (e.g., corporation, LLC, limited partnership).

RecommendationsTF Recommendation #4 – contribution ban during

black out period.

The County bar candidates for Mayor and County Commission from accepting contributions from any person who has a bid or proposal pending in response to such a solicitation by the County.

Discussion Outline

Introduction

Task Force recommendations

Legal issues/other jurisdictions

Implementation options

Board direction

Legal Issues/Other Jurisdictions

State Law –

A recent Court of Appeal held that the Florida Election Code impliedly preempts County authority to regulate in this area of law.

Browning v. Sarasota Alliance for Fair Elections,

968 So.2d 637 (Fla. 2nd DCA 2007) See chapters 97-106, Florida Statutes

Legal Issues/Other Jurisdictions

Miami-Dade – A Constitutional Charter County

1996 – Ethics Commission created by Charter amendment.

1998 – BCC adopted ordinance establishing a local ban on corporate contributions.

2000 – BCC adopted ordinance establishing a cap on contributions (at $250).

2005 – BCC repealed corporate ban and contribution restrictions as a matter of policy.

Legal Issues/Other Jurisdictions

Sarasota County – Home Rule Approach

1990 – voters passed a charter amendment giving BCC authority to limit contribution amount and provide for reduced contribution amounts.

1991– BCC adopted an ordinance to implement these provisions.

Legal Issues/Other Jurisdictions

Sarasota County – Home Rule Approach

1998 -- Sarasota ordinance challenged.1999 – 12th circuit court ruled the ordinance

unconstitutional except as to contribution limitations.

Ciaravella v. Board of County Commissioners, Case No. 99-420-1 CA (Fla. 12th Cir. Ct., Sept. 10, 1999).

Legal Issues/Other Jurisdictions

Sarasota County – recent caseSarasota Alliance for Fair Elections (SAFE) sponsored

successful charter amendment setting forth detailed election requirements.

Aug. 2006 – BCC filed a declaratory judgment actionSept. 2006 - trial court ordered question to be placed

on the ballot.Nov. 2006 – electorate approved the proposed

amendment. Browning v. Sarasota Alliance for Fair Elections,

968 So.2d 637 (Fla. 2nd DCA 2007)

Legal Issues/Other Jurisdictions

Sarasota County – recent caseOct. 2007 – Second DCA held the language of the

amendment to be contradictory to the express provisions of law and to be impliedly preempted by the pervasiveness of the Florida Election Code.

Case has been accepted for review by the Florida Supreme Court.

Browning v. Sarasota Alliance for Fair Elections,

968 So.2d 637 (Fla. 2nd DCA 2007)

Legal Issues/Other Jurisdictions

Alachua County -- Special Act Approach 2001 - BCC appointed a Campaign Finance

Reform Advisory Board.2002- County obtained a Special Act to

implement campaign finance changes locally.

2004 – voters adopted a Charter Amendment providing for earlier reporting requirements, electronic reporting, and reduced campaign contribution amounts.

Legal Issues/Other Jurisdictions

Requirements for a Special Act –

Separately filed bill requires: 30 days notice or approval by a vote of the electors.

Art. III, s. 10, Fla. Const. Section 11.02, F.S.

Discussion Outline

Introduction

Task Force recommendations

Legal issues/other jurisdictions

Implementation options

Board direction

Implementation Options

Amend County Code

applicable only to County Commission candidates

Special Act

applicable only to County Commission candidates

Special Act with Charter Amendment

applicable only to County Commission and municipal candidates

Amend General Law

applicable statewide

Implementation Options

Recommendation #1 -- Moving up dates.

Dates specified in current law -- Local candidates file a final report four days

prior to the election date. Local candidates return contributions when

received less than five days prior to the election date.

Implementation Options

Recommendation 1 – Moving up dates.

Option Available?

Amend County Code

Authority by Special Act

√

Authority by Special Act followed by charter amendment

√

Amend General Law(Florida Election Code)

√

Implementation Options

Recommendation #2 – Requiring electronic reports.

Florida law currently requires campaign finance reports of local (County) candidates be filed with the Orange County Supervisor of Elections.

Chapter 106 does not specify the format in which the local reports must be filed.

Currently in Orange County some local candidate’s reports are filed in hard copy but most are filed electronically.

Implementation Options

Recommendation 2 – Requiring electronic reports.

Option Available?

Amend County Code

Authority by Special Act

√

Authority by Special Act followed by charter amendment

√

Amend General Law(Florida Election Code)

√

Implementation Options

Recommendation #3 – Requiring corporate disclosure when contributing to campaigns.

“Person” is defined in Florida Statutes to include corporations and limited liability corporations.

Chapters 607 and 617, FS, limit the disclosure of corporate ownership beyond recognized corporate purposes.

Chapter 608, FS, allows manager of a limited

liability company discretion to keep confidential any information about the LLC which the manager believes should not be released or which by law or agreement cannot be released.

Implementation OptionsRecommendation 3 – Requiring corporate disclosure when contributing to

campaigns.

Option Available?

Amend County Code

Authority by Special Act

Authority by Special Act followed by charter amendment

Amend General Law(campaign finance and corporate disclosure laws)

√

Implementation Options

Recommendation #4 –Contributions ban during black out period.

County Code currently has a black out period for contact while a bid or proposal is pending.

Amending County Code to disallow contributions during this pending period will place the responsibility on the contributor and not on the candidate.

Implementation OptionsRecommendation 4 – Contribution ban during black out period.

Option Available?

Amend County Code √

Authority by Special Act

Authority by Special Act followed by charter amendment

Amend General Law

Discussion Outline

Introduction

Task Force recommendations

Legal issues/other jurisdictions

Implementation options

Board direction

Board Direction

Recommendation 1 – Moving up dates.

Option Available?

Amend County Code

Authority by Special Act

√

Authority by Special Act followed by charter amendment

√

Amend General Law(Florida Election Code)

√

Board Direction

Recommendation 2 – Requiring electronic reports.

Option Available?

Amend County Code

Authority by Special Act

√

Authority by Special Act followed by charter amendment

√

Amend General Law(Florida Election Code)

√

Board Direction

Recommendation 3 – Requiring corporate disclosure when contribution is made.

Option Available?

Amend County Code

Authority by Special Act

Authority by Special Act followed by charter amendment

Amend General Law(campaign finance and corporate disclosure laws)

√

Board DirectionRecommendation 4 – Contribution ban during black out period.

Option Available?

Amend County Code √

Authority by Special Act

Authority by Special Act followed by charter amendment

Amend General Law

Discussion of Campaign Finance Recommendations

From the Final Report of the Task Force on Ethics & Campaign Finance

Reform

Presented by Thomas B. Drage, Jr.County Attorney

Legal Issues/Other Jurisdictions

Constitutional limitations on a Special Act –

“There shall be no special law or general law of local application pertaining to:

election, jurisdiction or duties of officers, except officers of municipalities, chartered counties, special districts or local governmental agencies;”

Art. III, s. 11(a)(1), Fla. Const.