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HomeMy Public PortalAboutSample Ballot SAMPLE BALLOT and Voter Information Pamphlet GENERAL MUNICIPAL ELECTION TUESDAY, MARCH 6, 2001 MARK AND SAVE THIS SAMPLE BALLOT For use at your Polling Place or for voting your "VOTE BY MAIL" Ballot POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P.M. NOTICE: "VOTE BY MAIL" Ballot Application on Back Cover FOREIGN LANGUAGE TRANSLATIONS AVAILABLE Pursuant to federal law, voter information and sample ballots have been translated and are available in the following language(s): If you would like a copy of the translated ballot and sample ballot, at no cost to you, please telephone: The Office of the City Clerk at the phone number listed on the back of this pamphlet. SPANISH: Si usted desea recibir sin costo alguno una copia traducida de la boleta y de la boleta de muestra, por favor sirvase Ilamar por tel~fono a la Oficina del Actuario Municipal al nt~mero de tel~fono que figura en la lista de la cubierta de atr~.s de este folleto. VOTE BY MAIL AVAILABLE TO ALL VOTERS To apply for a MAIL BALLOT, fill in the Application Form on the back page of this Voter Information Pamphlet and mail it to the City Clerk by the deadline stated on the form itself. Claremont- 2 V INSTRUCTIONS TO VOTERS: OFFICIAL BALLOT S CITY OF CLAREMONT O To vote for a candidate whose name appears GENERAL MUNICIPAL ELECTION A T on the ballot, remove the ballot card from the TUESDAY, MARCH 6,2001 M security envelope and completely punch out THIS BALLOT STUB SHALL BE REMOVED I the circled cross ~ in the voting square to the AND RETAINED BYTHEVOTERp right Of the candidate's name. L N Where two or more candidates for the same I Remove circled cross ~ completely I G office are to be elected, completely punch out E the circled cross ~ after the names of all candidates forthat office for whom you desireNO, 1234 I to vote, not to exceed, however, the number ~ HAVE VOTED - HAVE YOU? B Of candidates who are to be elected. N To vote for a qualified write-in candidate, write CITY OF CLAREMONT j01k S the name in the blank space left for that For MEMBER of the CITY COUNCIL Vote for no more than TWO L purpose and BE SURE TO PUNCH OUTTHE RICHARD 3UNCK ....+ ~ '!" CIRCLED CROSS E~ TO THE RIGHT OF Businessm, n L R THEWRITE-IN NAME. BERNARD D. (BO) BOLLINGEB, JB. Attorney ~ ~ O To vote on any measure, punch out the circled LLEWELLYN MILLER Investment ,~ounselor --+ (~ U cross ~ in the voting square after the word ZEPHYRTATE-MANN _~ ~ T C "YES" or after the word "NO". Educator PAUL HELD _.+ ~ All marks except the punch holes are forbidden. council Member T All distinguishing marks or erasures are OPANYI K. NASIALI _~ E~ Real Estate Manager forbidden and make the ballot void. If you ALBERT F. QUINTANAR _.~ ~ I wrongly punch, tear or deface the ballot card, Rehabilitation Counselor O return it to the precinct board member and , ~ · obtain another. N -~ ~ MEA~ URE SUBMITTED TO VOTERS SA YES--~ ~ Shall the rdinance establishing NO ~ ~ a Taxpayer m~"'*""'*;On ^"* *"' F,~, added as Chapter2.56 of the Claremont Municipal Code be adopted? END OF BALLOT TURN CARD OVER AND BE SURE ALL "HANGING CHADS" ARE REMOVED FROM ALL VOTED HOLES Claremont / 101 3/06/2001 Claremont - 3 ATTENTION VOTERS!! REMOVE ALL "HANGING CHADS" When you vote, be sure to... 1. Push STRAIGHT DOWN through the ballot card with punch device. 2. Make sure a hole is COMPLETELY PUNCHED. 3. After voting ballot, check the reverse side of ballot card and COMPLETELY REMOVE all "HANGING CHADS" from each voted hole. Completely remove all "hanging chads" Claremont- 4 VOTER INFORMATION PAMPHLET The following pages contain: CANDIDATE STATEMENTS Each Candidate's Statement in this pamphlet is volunteered by the candidate, and is printed at the expense of the candidate. Although all candidates had the opportunity to submit a statement, some candidates may not have submitted a statement. A complete list of candidates appears on the sample ballot page of this pamphlet. BALLOT MEASURES, ANALYSES, ARGUMENTS AND REBUTTALS MEASURES: Some of the following pages may contain proposed measures, propositions or charter amendments. The portions to be deleted are printed in o~L- .... * + ....and the portions to be added are underlined. ANALYSIS: The Impartial Analysis is an impartial summary of the results of the proposed measure or proposition. ARGUMENTS: Arguments and/or rebuttal arguments in support of or in opposition to the proposed laws are the opinions of the authors and have not been checked for accuracy by any official agency. VOTE BY MAIL (ABSENTEE VOTING ) Voting by mail is available to ALL REGISTERED VOTERS. To apply for a MAIL BALLOT, fill in the Application Form on the back page of this Voter Information Pamphlet and mail it to the City Clerk by the deadline stated on the form itself. YOUR HELP IS REQUESTED LOS ANGELES COUNTY GENERAL VOTER INFORMATION We are looking for volunteers to work as Precinct ,ee~__,~ ,eeee,w, h t t p : //l a v o t e. n e t/ Board Officers and we are looking for places to use as Polling Places for this and upcoming elections. If you are interested in serving as a To findyour Polling Place: Precinct Officer or letting us use your residence Click on "Where Do I Vote" for a polling place, please call the Office of the Click on "Polling Place Inquiry f or all City Clerk. County/City Elections" Claremont- 5 FOR MEMBER OF THE CITY COUNCIL RICHARD BUNCK Age: 56 Occupation: Businessman Most Claremonters don't want our town developed, re-developed and changed, i.e. Village West, Hillside development, and record building permits. Why? Because with this so called progress comes traffic congestion, crowding, pollution and less open space. The decisions and direction of the existing City Council are going to ruin the life style that we value and enjoy in Claremont. You can't build a housing tract or a business in Claremont without the Council's approval. Don't read their lips, read their voting record. The choice is clear. Get rid of them or watch it happen! I, Richard Bunck, have, do and will stand firmly against changing and destroying our quality of life in Claremont. I would push for a 50/50 ordinance. Any development must be equally matched with open space/park land. The existing Council and their friends in the local press want to focus on what Richard Bunck was doing 30 years ago while they proceed to change and destroy our town today. Make Richard Bunck the Bogeyman to cover your own evil. Nice try! I think Claremonters are smarter than that. Help protect the future of Claremont by electing an independent voice, Richard Bunck, to the Claremont City Council. /s/RICHARD BUNCK FOR PARA MEMBER OF THE CITY COUNCIL MIEMBRO DEL CONCEJO MUNICIPAL BERNARD D. BOLLINGER, JR. BERNARD D. BOLINGER, JR. Age: 39 Edad: 39 Occupation: Attorney Ocupacion: Abogado As a six-year resident and active community volunteer of Claremont AI ser un residente de seis a~os y un voluntario activo en la comunidad who was born and raised in the San Gabriel Valley, I am proud to have de Claremont que naci<5 y se cri<5 en el Valle San Gabriel, yo estoy chosen this city as the place to raise my three children. Claremont's orgulloso de haber escogido esta ciudad como el lugar donde criar a charm is in large part due to the foresight of its elected officials and their mis tres ni~os. El encanto de Claremont es en su mayor parte debido a commitment to an inclusive system of government. As a result of that la previsi<Sn de sus funcionarios electos y a su cometido a un sistema leadership, Claremont has been reknowned for its accomplished school inclusivo de gobierno. Como resultado de este liderazgo, Claremont ha system, enhanced property values that are in part due to well-planned tenido renombre por su sistema escolar de alto Iogro, el valor alto de la growth, and a sense of community that sets it apart from other cities in propiedad que es en parte debido a un crecimiento bien planeado, y un this area. sentido de comunidad que la separa de otras ciudades en esta ~,rea. Although those elected officials have recently been criticized for a lack Aunque estos funcionarios electos han sido recientemente criticados of sensitivity in the treatment of certain issues and the failure to por una falta de sensibilidad en el tratamiento de ciertos asuntos y la consider the diverse viewpoints of Claremont's citizenry, I believe that falla en considerar los diversos puntos de vista de los ciudadanos de those concerns can be remedied by creative changes calculated to Claremont, yo creo que estas inquietudes pueden ser remediadas a restore a more inclusive approach to city government. If elected to City trav~s de cambios creativos calculados a restablecer un sistema de Council, I will preserve that which so many have striven to create while gobierno municipal m~.s inclusivo. Si soy electo al Concejo Municipal, ensuring that future decisions will be made with the foresight that can yo roy a preservar Io que tantos han hecho esfuerzos para crear al only come from listening to the viewpoints of all Claremont's mismo tiempo que asegurar que decisiones futuras sean hechas con la constituents. previsi6n que solamente puede venir a trav~s de escuchar los puntos de vista de todos los constituyentes de Claremont. /s/BERNARD D. BOLLINGER, JR. /f/BERNARD D. BOLLINGER, JR. Claremont- 6 FOR MEMBER OF THE CITY COUNCIL LLEWELLYN MILLER Age: 52 Occupation: Investment Counselor Born in Harlem, N.Y.; B.A., Yale; M.S. (Engineering-Economic Systems), Stanford. Claremont resident since 1995. Self-Employed Investment Counselor with 20+ years experience in finance. Wife Cecilia Conrad, tenured professor of Economics, Pomona College; son Conrad, honor student at El Roble. Our city's civic health, and thus its future, depends on an open government, a well-informed citizenry, and a willingness to embrace our growing diversity. We can't preserve the quality of life we currently enjoy if too many of us feel alienated from a city administration that greets citizen queries with disdain or contempt. Because of my extensive background in banking and real estate, I am particularly concerned with the city's failure to generate relevant and understandable information about its real estate investments and redevelopment activities. With the Village Expansion on the horizon, the city's financial operations, including the process by which decisions are made, should be transparent - so that we all truly know what we are doing. I am committed to an open process, one that involves all communities including college students and the neighborhoods south of First. I will listen and I will hear you. I ask for your vote. /s/LLEWELLYN MILLER FOR , PARA MEMBER OF THE CITY COUNCIL MIEMBRO DEL CONCEJO MUNICIPAL ZEPHYR TATE-MANN, J.D. ZEPHYR TATE-MANN, J.D. Occupation: Educator, Business person; Law school graduate Ocupacion: Educador, persona de Negocios; graduado de Escuela de Leyes I am a 24 year Claremont resident and have enjoyed living in this community with neighbors who share many of the same values as I Yo soy un residente de Claremont de 24 a~os y he gozado viviendo en have. I am very concerned about City ecological and development esta comunidad con vecinos que comparten muchos de los mismos issues, improving the relationship between the City and the Colleges, valores que yo tengo. Estoy muy interesado en el desarrollo y la and promoting inclusiveness in our City. ecologia municipal, el mejorar la relaci6n entre la Ciudad y los Colegas, y promover un sistema inclusivo en nuestra ciudad. It is disturbing that we as a city are facing issues that could negatively affect life here and the image of the city. I participated in and would like Es inquietante que nosotros como una ciudad nos enfrentemos a to continue the focus of the Study Circles dialogues which led to a more problemas que pueden afectar negativamente la vida aquf y la imagen positive climate and the re-structuring and improvement of some of the de la ciudad. Yo particip~ en, y me gustarfa continue concentr~ndome City Commissions. To improve human relations and restore a positive en los di~logos de "Study Circles" que nos Ilevaron a un clima m~.s .image of Claremont for its residents and neighboring citizens, positivo y la reestructuraci<Sn y mejora de algunas de las Comisiones de consideration of rescinding the awards given by the City Manager must la Ciudad. Para mejorar las relaciones humanas y restaurar una be a priority. imagen positiva de Claremont para sus residentes y ciudadanos de los alrededores, debe de ser una prioridad el considerar rescindir los Constant, prudent attention by City Council members must be given to premios dados por el Gerente Municipal. applying good problem-solving and listening skills and using good judgment. I offer to the City my skills in law, education and business, Una atenci<Sn constante, prudente, de parte de los miembros del and my experience as an Assembly Committee treasurer, as a delegate Concejo Municipal debe de ser dada, aplicando conocimiento a la and member of a State Central Committee and of State Caucuses. I resoluci<Sn de problemas, para escuchar, y usando un buen sentido sincerely ask for your vote. com~n. Yo le ofrezco a la Ciudad mis conocimientos de la ley, educaci<Sn y comercio, y mi experiencia como el tesorero del Comit~ de /s/ZEPHYR TATE-MANN, J.D. Asamblea, como un delegado y miembro del Comit~ Central Estatal y de C~ucasos Estatales. Yo sinceramente les pido su voto. /f/ZEPHYR TATE-MANN, J.D. Claremont- 7 FOR PARA MEMBER OF THE CITY COUNCIL MIEMBRO DEL CONCEJO MUNICIPAL PAUL HELD PAUL HELD Age: 50 Edad: 50 Occupation: Attorney Ocupacion: Abogado Claremont remains a community with safe neighborhoods, quality Claremont continua siendo una comunidad con vecindarios seguros, schools, efficient community services, and a progressive vision. We escuelas de calidad, servicios comunitarios eficientes, y una visi<~n have come through a difficult period with a renewed sense of progresiva. Hemos Iogrado pasar un pedodo dif~cil con un sentido commitment to openness and inclusiveness. We should seize this renovado de cometido a la amplitud y la inclusi<~n. Debemos de opportunity to make tomorrow's Claremont an even more diverse and aprovechar la oportunidad de hacer el Claremont del ma~ana un lugar accepting place to live. aQn m~s variado y aceptador donde vivir. To ensure this future, we must honor our traditions while embracing Para realizar los objetivos m~s arriba mencionados, el Concejo tiene change. The City Council should broaden the conversation with the que ser un cuerpo gobernante eficaz, activamente escuchando y community concerning Claremont's future and then work to make our proporcionando liderazgo, y cumpliendo con sus responsabilidades de common vision reality. Whether a community-wide or neighborhood vigilancia. Yo quiero participar ayud~ndole al Concejo a cumplir con issue the Council needs to be more proactive in engaging citizens in the esa misi<~n. Mi experiencia como Concejal, s~ndico de la junta escolar, consideration of the matter. abogado y I~der en el sector comercial me ha facilitado las herramientas para hacer de nuestro Concejo un cuerpo gobernante at~n m~.s eficaz To accomplish the above goals the Council must be an effective cual se asociar~. con ustedes segt~n formamos una Claremont m~s governing body, actively listening, providing leadership, and fulfilling its esmerada y creativa. oversight responsibilities. I want to be part of helping the Council fulfill that mission. My experience as a Council member, school district El Concejo Municipal debe de ser un cuerpo de gobierno efectivo, trustee, lawyer, and business leader has provided me with the tools to escuchar activamente, proporcionado liderazgo y cumplir con sus make our Council an increasingly effective body which will partner with responsabilidades de supervisi~>n, Yo quiero ser parte en ayudar al you as we build a more caring and creative Claremont. Concejo ha cumplir esta misi<~n. Mi experiencia como un miembro del Concejo, fiduciario del distrito escolar, y I~der comercial me han dado a I hope you will give me the opportunity to continue to work with you for m( los ~tiles para hacer de nuestro Concejo un cuerpo que contint~a Claremont's future. siendo m~.s efectivo que va a ser compa~ero de Uds. a medida que nosotros cimentamos una Claremont que se interese m~.s y sea /s/PAUL HELD creativa. Espero que me den la oportunidad de continuar trabajando con Uds. para el futuro de Claremont. /f/PAUL HELD FOR MEMBER OF THE CITY COUNCIL OPANYI K. NASIALI Age: 55 Occupation; Real Estate Manager I came to this country from Kenya 30 years ago to attend college where I met Kathryn, my wife of 26 years. With our daughter Minayo we have now lived in Claremont for fourteen years. We love the schools and safe community. Minayo graduated from CHS, and now attends Stanford. I have served on and been a member of the following organizations: · Founding member of EdNet, · Traffic & Transportation Commission - eight years, Chairman for one, · Community Foundation, · Chamber of Commerce, · Community Dialogue Planning Committee. As the only candidate with training in urban planning and public administration with work experience in both municipal government and private sector in land development and telecommunications, I am qualified to serve on the City Council. I will be the voice for responsible leadership by: · Restoring City Council authority. · Ensuring a government that is open, and inclusive of all citizens. · Continuing dialogue among community groups and the City. · Attracting viable commercial developments to increase sales tax revenue, and reduce existing utility tax. · Guiding Village West development to include uses that are complementary to the existing Village. With your support we can accomplish even more, and work towards unifying our community. Thank you. /s/OPANYI K. NASIALI Claremont- 8 MEASURE A The voters of the City of Claremont do ordain as follows: Title 2 of the Municipal Code of the City of Claremont shall be amended by the addition of the following Chapter: Chapter 2.56. TAXPAYER PROTECTION Section 2.56.010. Title This Chapter shall be known as the City of Claremont Taxpayer Protection Amendment of 2000. Section 2.56.020. Findings and Declarations (a) The people of the City of Claremont ("City") find that the use or disposition of public assets are often tainted by conflicts of interest among local public officials entrusted with their management and control. Such assets, including publicly owned real property, land use decisions conferring substantial private benefits, conferral of a franchise without competition, public purchases, taxation, and financing, should be arranged strictly on the merits for the benefit of the public, and irrespective of the separate personal or financial interests of involved public officials. (b) The people find that public decisions to sell or lease property, to confer cable, trash hauling and other franchises, to award public construction or service contracts, or to utilize or dispose of other public assets, and to grant special land use or taxation exceptions have often been made with the expectation of, and subsequent receipt of, private benefits from those so assisted to involved public 'decision makers'. The people further find that the sources of such corruptive influence include gifts and honoraria, future employment offers, and anticipated campaign contributions for public officials who are either elected or who later seek elective office. The trading of special favors or advantage in the management or disposal of public assets and in the making of major public purchases compromises the political process, undermines confidence in democratic institutions, deprives meritorious prospective private buyers, lessees, and sellers of fair opportunity, and deprives the public of its rightful enjoyment and effective use of public assets. (c) Accordingly, the people declare that there is a compelling state interest in reducing the corruptive influence of emoluments, gifts, and prospective campaign contributions on the decisions of public officials in the management of public assets and franchises, and in the disposition of public funds. The people, who compensate public officials, expect and declare that as a condition of such public office, no gifts, promised employment, or campaign contributions shall be received from any substantial beneficiary of such a public decision for a reasonable period, as provided herein. Section 2.56.030. Definitions (a) As used herein, the term public benefit does not include public employment in the normal course of business for services rendered, but includes a contract, benefit, or' arrangement between the City and any individual, corporation, firm, partnership, association, or other person or entity to: (1) provide personal services of a value in excess of $25,000 over any 12 month period, (2) sell or furnish any material, supplies or equipment to the City of a value in excess of $25,000 over any 12 month period, (3) buy or sell any real property to or from the City with a value in excess of $25,000, or lease any real property to or from the City with a value in excess of $25,000 over any 12 month period, (4) receive an award of a franchise to conduct any business activity in a territory in which no other competitor potentially is available to provide similar and competitive services, and for which gross revenue from the business activity exceeds $50,000 in any 12 month period, (5) confer a land use variance, special use permit, or other exception to a pre-existing master plan or land use ordinance pertaining to real property where such decision has a value in excess of $25,000, (6) confer a tax abatement, exception, or benefit not generally applicable of a value in excess of $5,000 in any 12 month period, (7) receive cash or specie of a net value to the recipient in excess of $10,000 in any 12 month period. (b) Those persons or entities receiving public benefits as defined in Section 2.56.030(a)(1)-(7) shall include the individual, corporation, firm, partnership, association, or other person or entity so benefiting, and any individual or person who, during a period where such benefit is received or accrues, (1) has more than a ten percent (10%) equity, participation, or revenue interest in that entity, or (2) who is a trustee, director, partner, or officer of that entity. (c) As used herein, the term personal or campaign advantage shall include: (1) any gift, honoraria, emolument, or personal pecuniary benefit of a value in excess of $50; (2) any employment for compensation; (3) any campaign contributions for any elective office said official may pursue. Claremont- 9 (d) As used herein, the term public official includes any elected or appointed public official acting in an official capacity. Section 2.56.040. City Public Official Shall Not Receive Personal or Campaign Advantage From Those To Whom They Allocate Public Benefits (a) No City public official who has exercised discretion to approve and who has approved or voted to approve a public benefit as defined in Section 2.56.030(a) may receive a personal or campaign advantage as defined in Section 2.56.030(c) from a person as defined in Section 2.56.030(b) for a period beginning on the date the official approves or voles to approve the public benefit, and ending no later than (1) one year after the expiration of the term of office that the official is serving at the time the official approves or votes to approve the public benefit; (2) one year after the official's departure from his or her office whether or not there is a pre-established term of office; or (3) five years from the date the official approves or votes to approve the public benefit; whichever is first. (b) Section 2.56.040(a) shall also apply to the exercise of discretion of any such public official serving in his or her official capacity through a redevelopment agency, or any other public agency, whether within or without the territorial jurisdiction of the City either as a representative or appointee of the City. Section 2.56.050. Applicable Public Beneficiaries Section. Responsibilities of City Public Officials and Advantage Recipients (a) City public officials shall practice due diligence to ascertain whether or not a benefit defined under Section 2.56.030(a) has been conferred, and to monitor personal or campaign advantages enumerated under Section 2.56.030(c) so that any such qualifying advantage received is returned forthwith, and no later than ten days after its receipt. (b) City public officials shall provide upon inquiry by any person, the names of all entities and persons known to them who respectively qualify as public benefit recipients under the terms of Sections 2.56.030 and 2.56.040. Section 2.56.060. Disclosure of the Law The City shall provide any person, corporation, firm, partnership, association, or other person or entity applying or competing for any benefit enumerated in Section 2.56.030(a) with written notice of the provisions of this Chapter and the future limitations it imposes. Said notice shall be incorporated into requests for 'proposal', bid invitations, or other existing informational disclosure documents to persons engaged in prospective business with, from, or through the City. Section 2.56.070. Penalties and Enforcement (a) In addition to all other penalties which might apply, any knowing and willful violation of this Chapter by a public official constitutes a criminal misdemeanor offense. · (b) A civil action may be brought under this Chapter against a public official who receives a personal or campaign advantage in violation of Section 2.56.040. A finding of liability shall subject the public official to the following civil remedies: (1) restitution of the personal or campaign advantage received, which shall accrue to the general fund of the City; (2) a civil penalty of up to five times the value of the personal or campaign advantage received; (3) injunctive relief necessary to prevent present and future violations of this Chapter; (4) disqualification from future public office or position within the jurisdiction, if violations are willful, egregious, or repeated. (c) A civil action under subdivision (b) of this section may be brought by any resident of the City. In the event that such an action is brought by a resident of the City and the petitioner prevails, the respondent public official shall pay reasonable attorney's fees and costs to the prevailing petitioner. Civil penalties collected in such a prosecution shall accrue 10% to the petitioner, and 90% to the City's general fund. Section 2.56.080. Severability If any provision of this Chapter is held invalid, such invalidity or unconstitutionality shall not affect other provisions or applications which can be given effect without the invalidated provision, and to this end the provisions of this Chapter are severable. Claremont- 10 IMPARTIAL ANALYSIS OF MEASURE A The proposed ordinance would amend the Claremont Municipal Code by adding a new chapter entitled "The City of Claremont Taxpayer Protection Amendment of 2000." The ordinance would prohibit a public official who has exercised discretion in awarding a "public benefit" from receiving a "personal or campaign advantage" from the recipient. The initiative applies to the City's appointed and elected public officials, including commissioners. The prohibitions would apply to the City officials when they act on behalf of the city or any public agency such as the redevelopment agency. The initiative defines "public benefit" as any contract, benefit or arrangement between the City and any person or entity to: provide over $25,000 in personal services over a 12 month period; sell or furnish over $25,000 in materials over a 12 month period; buy or sell real property for over $25,000; receive a franchise with gross revenue exceeding $50,000 in any 12 month period; confer a land use variance, special use permit, or other exception deemed valued at over $25,000; confer a tax benefit exceeding $5,000 in any 12 month period; or receive cash or equivalent valued at over $10,000 in any 12 month period. The term "personal or campaign advantage" is defined as a gift or honoraria in excess of $50, employment for compensation, or a campaign contribution in any amount. Officials could not receive "personal or campaign advantages" from "public benefit" recipients beginning the date the public benefit is approved and ending either: (1) one year after the official's term of office expires or the official departs from office; or (2) five years from the date when the official approved the benefit, whichever is first. When a public benefit is awarded to a private or non-profit entity the prohibitions would apply to any person who had a 10% interest in the entity or who was a trustee, director, partner, or officer of the entity when the public benefit was awarded to the entity. Officials would have to exercise "due diligence" to determine if they have approved a "public benefit" and to monitor their "personal and campaign advantages." The initiative also requires public officials to disclose the names of all entities and persons who quality as "public benefit" recipients. The initiative requires the City to provide written notice of the initiative to all persons, corporations, or entities that apply for a "public benefit." The written notice must be included in requests for proposals or bid invitations. The measure establishes criminal misdemeanor and civil penalties. Successful civil plaintiffs may receive attorneys fees from the public official. Civil penalties would be divided between the plaintiff (10%) and the City's General Fund (90%). The ultimate effect of this measure is uncertain. As of the date this analysis was prepared, the measure was deemed unenforceable by a trial court, but the trial court decision was appealed and the parties involved were awaiting a decision from the California Court of Appeal. If the measure is finally determined to be unlawful, then it would not be enforceable. /s/SONIA R. CARVALHO, City Attorney Claremont- 11 ARGUMENT IN FAVOR OF MEASURE A Measure A is a simple and sensible proposal to protect Claremont taxpayers and prevent political corruption. It prevents a public official from receiving campaign contributions, gifts or a job from anyone benefiting from the official's actions (for example, the awarding of a city contract, tax break or land zoning change). Measure A ensures that when public officials award taxpayer dollars, they represent the interests of the public and not the special interests of a potential contributor. Measure A is sponsored by the Oaks Project. The 4,400 signatures needed to qualify it were collected by volunteers--something unheard of in this age of bought-and-paid-for signature gathering. These volunteers will be talking to voters to explain the measure and get out the vote. This proposal is endorsed by the good-government watchdog groups California Common Cause and CalPIRG, and by the Sierra Club. Voters in Santa Monica, San Francisco and Vista voted overwhelmingly for similar measures last November. This past summer, nearby San Bernardino County successfully sued a waste hauler after learning of allegations that current and former top county executives were bribed by the waste hauler to win over $200 million in county contracts. The County later adopted Measure A-like legislation, but is still trying to rebuild public trust. Measure A builds trust in the democratic process by eliminating even the perception of corruption. Yet some public officials may choose to claim that if it passes, the sky will fall, or that it is an attack on their integrity. Such a strong reaction to a preventative measure would suggest that Measure A is exactly the medicine Claremont needs. Why would any conscientious official oppose Measure A? Let's make sure that governmental decisions are made in the public's interest. Protect your tax dollars. Vote YES on Measure A. Susan V. Castagnetto, Coordinator, Intercollegiate Women's Studies of The Claremont Colleges Thomas A. Burdick, Retired Communications Instructor Ariella Butcher, Teacher Andrew Cvitanovich, Pomona College Student ' Irving Prager, Law Professor Claremont- 12 ARGUMENT AGAINST MEASURE A Ralph Nader's Oaks Project Initiative: Good intentions, HORRIBLE law! We applaud The Oaks Project's attempt to fight political corruption, but this measure will have a chilling effect on citizen participation in city government, a hallmark in Claremont for the last 100 years. The proposal's enforcement mechanisms invite legal mischief that surely will scare away good citizens from volunteering to serve our city. Read beyond their deceptive title, "Taxpayer Protection," and ask instead: If it passes, who in his or her right mind would ever volunteer for city service? City councilmembers, commissioners, and committee members are already required to disqualify themselves from conflicts of interest. But the Oaks Initiative would allow any Claremont citizen to sue an official for even accidental violations of ambiguous conflict-of-interest provisions-and the proposal gives citizens a financial INCENTIVE to file such lawsuits. It provides no indemnity or legal recourse for officials falsely accused. The Oaks people say, "if you have nothing to hide, you have nothing to worry about." Yet spurious lawsuits happen all the time; don't expect the Oaks people to pay your legal bills even if your good name is cleared. Worse, the proposal categorically bars many forms of employment for up to FIVE YEARS for citizens who volunteer as officials, which would affect employees of the private sector, the Claremont Colleges, public agencies, and even nonprofit organizations. Businesses would likely discourage their associates from volunteering since the proposal may severely restrict a firm's prospective ability to compete for work in Claremont. Preemptire and punitive, this misleading proposal will end up damaging civic participation. One California judge has already ruled the proposal VIOLATES the U.S. Constitution, depriving citizens of their civil liberties. We don't need this law in Claremont. It is a full employment act for lawyers, not taxpayer relief. Sandra Baldonado Randy Prout Council Member Planning Commissioner Claremont Business Owner John Seery Judy Wright , Chair of Politics Department Former Council Member Pomona College Community Historian Pateena Novich President Claremont Chamber of Commerce Claremont- 13 PERMANENT MAIL BALLOT QUALIFICATIONS Pursuant to California Elections Code § 3201, if you... - Have lost one or more limbs or have lost the use of one or more limbs, or - Have lost both hands or have lost the use of both hands, or - Are unable to move about without the aid of an assistant device, or - Are suffering from lung disease, blindness, or cardiovascular disease, or - Have a significant limitation in the use of the lower extremities, or - Suffer from a diagnosed disease or disorder which substantially impairs or interferes with your mobility... Or you are... - the spouse, a blood relative or a family member related by marriage to the voter described above who resides with the voter and is the primary caregiver... You are eligible for permanent mail ballot status. You may request an application for Permanent Mail Ballot Status from the COUNTY ELECTION DEPARTMENT. Postage ~'~ LYNNE E PAHNER CITY CLERK 207 HARVARD AVE PO BOX 880 91711-0880 CLAREMONT, CA 91 711-471 9 LYNNE E PAHNER CITY CLERK CITY HALL 207 HARVARD AVE ~., '~~~~ PRSRT STD PC BOX 880 91711-0880 '; '~''':~ .=. "~.~.~!"'%i.%~ u.S. POSTAGE CLAREMONT CA 91711-4719 PAID 909/399-5461 ' ;' "~_ DD FAX 909/399-5492 92831 TDD 800/735-2929 POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P.M WHEN POLLING PLACE IS INACCESSIBLE TO THE HANDICAPPED BALLOT MAY BE VOTED OUTSIDE THE POLLING PLACE J, _ TEAR ON PERFORATED LINE AND ATTACH POSTAGE TO REVERSE SIDE APPLICATION TO "VOTE BY MAIL" CITY OF CLAREMONT, GENERAL MUNICIPAL ELECTION, MARCH 6, 2001 To obtain a vote by mail ballot, complete the information on this form. This application may be faxed to the elections official. This application MUST BE RECEIVED by the elections official by: FEBRUARY 27, 2001 Print Name Date of Birth (optional) FOR OFFICIAL USE ONLY: PRINT MAILING ADDRESS FOR BALLOT Precinct No. Ballot Group No. First Middle Last (If different from your residence address) Note: Organizations distributing this form may NOT preprint the mailing address information. Ballot No. Residence Address in the City (PC Box, Rural Route not acceptable) Date Issued City and Zip Phone # Date Returned THIS APPLICATION WILL NOT BE ACCEPTED WITHOUT THE PROPER SIGNATURE OF THE APPLICANT I have not applied for a vote by mail ballot for this election by any other means. I certify under penalty of perjury under the laws of the State Signature Matches of California that the name and residence address on this application are true and correct. Voters with specified disabilities may qualify as PERMANENT ABSENT VOTERS. Contact your X DATE local county elections official for further SIGNATURE OF APPLICANT information. WARNING: Perjury is punishable by imprisonment in state prison for two, three or four years. (Section 126 of the California Penal Code.) BALLOT TYPE CALO16 Polling Ballot Group No. and Voter ID No. Precinct No. and Handicapped Accessibility J,, 'k [~ DELIVER TO: Place d' Polling Place Description '~ Polling Place Address