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HomeMy WebLinkAboutRES 2011-19RESOLUTION NO. 2011-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, — CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011 WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. General Provisions. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Diamond Bar on November 8, 2011 may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The Statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:30 p.m. of the next working day after the close of the nomination period. SECTION 2. Foreign Language Policy. A. Pursuant to the Federal Voting Rights Act, the City is required to translate candidates statements in to the following languages: Spanish and other translations as required by the Federal Voting Rights Act. B. Pursuant to Law, the candidate's statement must be translated and printed (in the voter's pamphlet) in any language at the candidates request. All translations shall be provided by court -certified translators provided by the County of Los Angeles. SECTION 3. Payment. A. The candidate shall not be required to pay for the cost of translating the candidates statement into any required foreign language as specified in A of Section 2 above pursuant to Federal and/or State Law. B. The Candidate shall be required to pay for the cost of printing the candidates statement in English and any translation and printing of foreign languages requested pursuant to B of Section 2 above in the main voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition 2011--19 of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. That the City Clerk shall allow bold type, underlining, capitalization, indentions, bullets and/or leading hyphens to the same extent and manner as allowed in previous Diamond Bar elections. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. SECTION 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 7. That all previous resolutions establishing Council policy on payment for candidates' statements are repealed. SECTION 8. This resolution shall apply only to the election to be held on November 8, 2011, and shall then be repealed. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on 7th day of June , 2011. 'StKe Tye,/Mayor 2011-19 I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 7th day of June , 2011, by the following Roll - Call Vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None T6mmyd A. Cribbins, Ciiy Clerk 2011--19