08-12-74 Council Meeting Minutes

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REGULAR MEETING AUGUST 12 1974 ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) for the ordinance. He talked about the dramatic events that have taken place since the Watergate break -in. He felt tragedy had befallen the nation, and he felt it could be dangerous to allow ver large amounts of money as contributions to political candidates. He stated that an escalation in the spending was also seen in campaigns. He felt the Council should study and try to determine if there was a remedy to the problem, such as campaign reform. He quoted from an article in the Sout Bend Tribune whereby W. Joseph Doran, St.-Joseph County Democratic Chairman, had supported campaig reform. He stated that the news media has also indicated support for campaign reform. Finally, the citizens have requested the need for campaign reform. He stated that his purpose for writing the ordinance was to try and be reasonable and practical regarding campaign reform. He talked abo the 1% club which was a method of raising political funds from contributions of employees which amounted to 1% of their income. He stated that, as far as he was aware, this practice was not required by law, and he felt there was unfairness regarding this fund because some employees con- tributed and others did not. He wondered about who made the determination of who contributed and where the funds were spent. He referred to Section V of the proposed ordinance and stated that he felt solicitation should not be allowed. He referred to a statement made by the City Attorney in support of that. He stated that Section VI merely reaffirmed the state law that prohibited police men and firemen from engaging in political activities. He felt there was not any question on whether or not the Council could pass such an ordinance. Regarding Section VII, he stated that th $100 figure was used but was subject to rational discussion, and he indicated that the League of Women Voters questioned the subparagraph under Section VII (b) regarding a donor's spouse. He stated that this could be amended, if desired. He felt that politicians would be more apt to go out and solicit funds and seek support of the citizens if such an ordinance was passed. He mentioned disclosure, indicating that he had considered it and perhaps disclosure could be require on donations over $100, if desired. He felt that, by limiting the amount to $100, disclosure woul not be necessary. He talked about pre - emption by the state. He stated that the City Attorney had alluded to that. He explained Section VII (a) regarding limitations on candidates' expenditures. He felt the amount of $100 was subject to further debate and discussion. He indicated that a suggestion had been made by the City Attorney to prohibit the political activities during working (hours of city employees; likewise, the use of city equipment, supplies, etc. He proposed the following amendments to the ordinance: Section III (c) (1) to read: a gift, subscription, loan, advance, or deposit of money or anything of value (except a loan of money by any governmentally regulated financial institution in the ordinary course of business), made for the purpose of influencing the nomination for election, or election, of any person to City Office. Section VI to read: Acknowledgement of state law prohibiting policemen and firemen from engaging in political activities. The Council recognizes and supports Indiana Code 18- 1 -11 -9 which reads as follows: It shall be unlawful for such commissioners of public safety, or any person holding any position on such fire or police forces, to solicit any person to vote at any election for any candidate, or to challenge any voter, or in any manner attempt to influence any elector at such election, or to be a delegate or candidate for delegate to any political convention, or to solicit for any candidate for, or delegate to, such convention, or to be a member of any political committee. Any person violating any provision of this section shall be fined not exceeding Five Hundred Dollars ($500.00), to which may be added imprisonment in the County Jail not exceeding six (6) months. In Section V, fifth line to read: purpose whatever, from any other such officer or employee (deleting the words "or person "). Amend Section XIII to VIII. Mr. Gregory Petry, 318 East Victoria, indicated that he was a high school history government instructor. He wondered what could be done to enable candidates to present themselves to the publi He asked if the proposed ceilings on contributions and expenditures were adequate to insure the promotion of less affluent candidates. He asked if the present political policy of a 1% club was fair. He felt that campaign reform was necessary to insure democratic government. He felt that an good candidate could organize and raise sufficient funds without "tapping any single contributor fo more than $100 ". He talked about the expenditures of the candidates themselves. He felt some consideration should be given to the candidates running at large. He stated that any incumbent usually "has the edge" because he is in the public's eye every day. He suggested that some conside tion be given to placing a stringent limitation on the expenditures of the incumbent candidate. Mr Petry indicated that he did not favor the 1% club as a method of political contribution. He hoped there would be an investigation of the 1% club on how much was contributed, who gets the money, where the money is spent, etc. He proposed the addition of subparagraphs in Section VII to paragra (a) as follows: Any incumbent candidate or political committee acting in the furtherance of the nomina- tion or election of said candidate shall not expend any money that will cause the cumulative amount expended on behalf of that candidate to exceed 850 of the annual salary paid for the previous calendar year for the city office which the candidate seeks. Any candidate running for the City Council on an at large basis shall be permitted to expend 15% more than the annual salary paid for the previous calendar year for the city office which the candidate seeks. Mr. Petry concluded by indicating that he supported adequate campaign reform. Chairman Newburn requested the City Clerk to read into the record the statement prepared by the Community Action Program of the UAW CAP Council, as follows: August 12th, 1974 To: South Bend City Council County -City Building South Bend, Indiana Gentlemen: The St. Joseph County UAW CAP Council feels that the furtherance of fair and equitable campaign practices is a necessary requirement for the proper function of our Democratic system. While many current events point out the need for better legislative control of