Title
AN ACT CONCERNING THE GOVERNMENT RESOURCES INTEGRITY ACT for the purpose of the creation of guidelines that include a restriction as to how publicly funded correspondence from elected officials can be sent out to residents.
Body
FOR USE BY COUNCIL ADMINISTRATION:
Confidential: Yes
Requested by: Jolene Ivey
Assigned to: Leroy Maddox
Legislastion Type: Bill
Need by Date: ASAP
Background Necessitating Legislation:
There has been an extreme amount of interest in the number of county council mailers that are being mailed so close to the election that raise concerns about the use of tax payer money funding campaign outreach.
In an effort to avoid the misuse of tax dollars or even the appearance of misuse, there should be guidelines that includes a date limit to when publicly funded mailers can be sent out before absentee ballots are mailed out to residents.
(Example: All official county mailers must be mailed out 60 days before the absentee ballots are mailed out.)
Mailers should be obviously official outreach and relevant information. There should be no appearance, content, or implication of campaign related materials on the mailer. (Does this mean it includes an official disclosure statement of it being official and who it is sent to? For Example: “This is an official county council mailer from District 4 CM sent to District 4 residents and businesses.” We should explore the best practices and guidelines that may need to be implemented as part of an overall policy to maintain the integrity of government resources.)
As background, jurisdiction already doing this or something similar:
CALIFORNIA
Under the Political Reform Act (Sections 89001–89003), the California Fair Political Practices Commission (FPPC) regulates mass mailings sent at public expense. A mailing is prohibited if it is a tangible item delivered to a person’s residence, place of employment, or post office box. The key restriction: a county supervisor or state senator, for example, may not send a publicly funded mailer within 60 days of an election for which they are on the ballot.
The Political Reform Act of 1974 was explicitly intended to abolish practices that unfairly favor incumbents, and one means of doing so is the prohibition on using public funds for mass mailings that “feature” the elected official.
Some California localities go further. Santa Monica’s city code, for instance, prohibits the City Council or Rent Control Board from circulating newsletters by mass mailing within 88 days before any municipal election, or after any member of the governing body has filed a nomination petition.
One notable gap: emails are not considered “tangible” under the Act and are therefore not subject to the mass mailing prohibitions, even when sent within 60 days of an election — though other laws against misuse of public funds may still apply.
FEDERAL
Congressional franking rules : content must be official business, no self-promotional language, and blackout periods of 60–90 days before elections.
Special Instructions/Concerns/Time Critical Information:
Agencies or Individuals to Contact:
Amy Fry 240-507-0087
John Sheridan 301-906-8238
Comments/Notes: An Act Concerning The Government Resources Integrity Act for the purpose of the creation of guidelines that include a restriction as to how publicly funded correspondence from elected officials can be sent out to residents.
DRAFTER PLEASE COMPLETE THE FOLLOWING:
Proposer(s): Council Member Ivey
Background
This legislation addresses the potential for misuse of public resources by creating guidelines that include a restriction as to how public resources can used with respect to correspondence from elected officials to residents.
REMINDER: Attach the Legislative file document