Category Archives: Benicia CA

Benicia electoral campaign reform – E-Alert by Benicia Mayor Elizabeth Patterson

Do you want clean and fair campaigns?

Elizabeth Patterson, Benicia Mayor 2007 - present
Elizabeth Patterson, Benicia Mayor 2007 – present

This question is asked because an item on the Tuesday agenda is focused on the goal for clean campaigns.

But while people will say they want clean and fair campaigns, they also need to work at it themselves.  For instance, what are the criteria for determining “clean” and “fair”?  Local government and to a lesser degree state rules require identifying who is paying for what.  But there are limits on what must be disclosed.  These are limits because of federal court decisions.

It is a pretty fair guess that lots of Facebook postings that are negative and against another candidate are likely to NOT be clean and fair, although legal.

How did we get here where we hear loud voices (what I mean is lots of mailers, Facebook and other) drowning out issues and character and record?  There used to be a federal FCC Fairness Doctrine.

The doctrine prohibited personal attacks (yep!).  Provided that broadcast radio and tv must provide equal access (like Fox News or MSNBC?).  In other words, if a candidate was on the air, their opponent would have equal access.

The Fairness Doctrine was eliminated during the Ronald Reagan presidency because the FCC commissioners (all appointed by the President) felt that there was too much “bashing” of the president.  Libertarians supported the elimination as well as the conservatives.

So how is that working for us now?  You will probably note that things are much worse because not only are the public air waves (hence the role of government because these are public air waves) and the internet is mostly private with limited federal rules and even fewer state and local rules (lobbyist do earn their keep and have been very successful so far in telling the feds, state and cities “hands off’).

Back to the basics, since local government is limited by law in terms of restricting the amount of money spent in campaigns (no authority) and limited in disclosure (some, but not good for  “dark money”), the individual voter has a lot of work to do and cannot depend on the feds, state or city to provide “clean and fair’ elections no matter how hard they try.

One approach that is available to California Cities is partial public funding for candidates in charter cities.  As I understand it, general law cities cannot do this due to a court decision in favor of Howard Jarvis folks – you know, those folks who took away local property tax decisions and gave the decision making to state assembly and senate members (known as Proposition 13) far fewer of them and less accessible to most people.  Neat trick to take local property tax and give the state authority how to spend it.  Probably the idea that local candidates could get public financing versus big spenders is a threat to the Jarvis peoples” influence.  Click here for a PowerPoint presentation by the League of California Cities that explains current 2019 election rules.

Again, back to the basics.  As I see it the individual has a very large responsibility to read reliable sources such as the League of Women Voters website for positions on various issues, background and so forth.  Be suspicious, very suspicious with negative ads, Facebook stuff and lots of literature with glossy photos and little actual position statements.

Also, if you care, come to the door when a candidate is on your doorstep.  I can’t tell you how many times I have knocked or rung the door bell, hearing voices inside but no one comes to the door.  If you want a face to face with a candidate wouldn’t you want to take advantage of the knock?

I have come to the conclusion that many people in local government and who live and work in Benicia do not know what elected official do.  Listing my committees below (which by the way is not up to date on the city website) tells you that I go to a lot of meetings.  But what decisions are made and how do those decisions affect Benicia.  This is a lot for a citizen to understand and follow, but during an election it seems critical to know what that elected person or candidate is doing.

From the city website this is what you would learn about my duties other than serving as presiding officer of the council meetings and setting the agenda.

      “Elizabeth serves in the following committee:

    • League of California Cities:  Northern Division member and former President.
    • Napa/Solano Area Agency on Aging – provides funds for Meals on Wheels, Fall Prevention, Ombudsman services and much more.
    • Solano Transportation Authority, chair one time – rotates through all cities
    • Solano Water Authority: meets once a year – funding mechanism for projects
    • Solano County Water Agency:  on Executive Committee and Water Policy Subcommittee and Legislative Subcommittee
    • Delta Subcommittee [hasn’t existed for several years]
    • Soltrans Joint Powers Authority – help form and set up, rotate chair with Vallejo mayor
    • Arsenal Investigation & Remediation Committee [done and very successfully]
    • Valero Water Supply Reuse Subcommittee [doesn’t meet]
    • MCE (Marin Clean Energy) – Executive Committee
    • North Bay Watershed Association”

What would be helpful is a voting record.  Right now there is no way to provide that without painful research meeting by meeting tally.  Maybe this is something the city should do to enhance “clean and fair’ campaigns.

Other ideas are for the city to provide is a voter guide – not everyone knows to seek out the League of Women Voter’s website and this information could be provided on the city website along with information about how to judge campaign literature, who is paying for what and how to use critical thinking strategy to separate the fluff from the position on real issues.  Click here for specific tools.

I have wandered around the issue before the council on Tuesday to try and frame what I think we all say we want – clean and fair elections – and the reality of what we can do locally and I think my message is this:

It is in large part up to you.  Do you homework.  Answer the knock. Use critical thinking tools above to judge candidates.

A wild card would be to volunteer to check voting records for incumbents, design a canvas questionnaire to get candidate on record for things like climate change, reducing dependence on fossil fuels, housing – how dense and how high?; active transportation – walking and biking – Clean Tech Expo, how to pay for water and waste water infrastructure, cannabis (develop questions so candidates can’t flip flop once in office).  In the end you want to know what the candidate cares about and can they be trusted to get there.

Don’t believe it when they say there is no difference between politicians.  Grit, ethical and trustworthiness are characteristics of some, but not all.

Benicia ordinances would monitor campaign finances and regulate unfair practices

Benicia City Attorney opposes half of the recommendations – citizens must speak up at January 7 Council meeting

[BenIndy Editor: The Benicia Open Government Commission is bringing recommendations to better monitor campaign finances and to counter smear campaigns and push polls like the ones orchestrated by Valero against Kari Birdseye in the 2018 election.  This is serious stuff – pay attention!  – R.S.]

Benicia City Council to review proposed changes to city’s campaign laws

By John Glidden, Vallejo Times-Herald, December 27, 2019

BENICIA — The City Council will get its first look at several proposed amendments to the city’s campaign-related laws and regulations during its Jan. 7 meeting.  [Agenda here.]

The council will meet at 7 p.m., inside the Benicia City Hall Council Chambers, 250 East L St.

The city’s Open Government Commission is recommending at least 10 different changes to three chapters contained within the Benicia Municipal Code: Voluntary Code of Fair Campaign Practices, Disclosure of Contributions and Expenditures in Candidate and Ballot Measure Elections, and Contribution and Voluntary Spending Limits.

Proposed changes include requiring the mayor and city council candidates to disclose their top financial contributors, adding regulations regarding push polls, which requires a person, entity, committee or candidate sponsoring or conducting the push poll to submit a disclosure statement within 24 hours of completion of the poll.

Ben Stock, Benicia City Attorney, BStock@ci.benicia.ca.us

Almost half of the proposed amendments are opposed by City Attorney Benjamin Stock. He said an amendment requiring unions and membership organizations to disclose whether endorsements for mayoral or council candidates were voted upon by the entire membership “could run afoul of various constitutionally protected interests.”

Stock said two additional proposed amendments, prohibiting public officials and city employees from using city resources to support/oppose candidates and ballot measures, and prohibiting city officials and city employees from using social media for campaign purposes if the public official’s or employee’s title are used, are not needed since state law already establishes the prohibitions.

Stock also opposes requiring candidates to “conduct civil, issue-oriented campaigns and provide opponents the opportunity to respond to claims about their positions or qualifications.”

“The City cannot expressly require a candidate to comply with the Voluntary Code of Fair Campaign Practices, including section 1.36.010(F), as candidates for public office have a right to pursue independent campaign strategies,” Stock wrote.

The proposed amendments can be reviewed by visiting http://docs.ci.benicia.ca.us/CC/CC-01-07-2020.pdf.

“LOSING THE NEWS – The Decimation of Local Journalism…”

[Editor: The report below, “Losing the News,” is a really important work for our times.  My home town of Benicia, California, population around 28,000, has suffered cutbacks in all of our local news providers.  Our Benicia Herald is limping along with very little staff, prints on only 3 days per week.  Our next door neighbor, Vallejo, California, population around 122,000, was unable to sustain a Benicia reporter several years ago, and rarely covers news in Benicia.  The Contra Costa Times / East Bay Times quit covering Benicia and other small Bay Area communities long ago.  “News Deserts” are appearing all across the country.  “Losing the News” is a formidable analysis of the phenomenon, including important “big picture solutions” and recommendations.  The report is copyrighted and can’t be reproduced here. Check out the contents below and click to read the report at https://pen.org/wp-content/uploads/2019/12/Losing-the-News-The-Decimation-of-Local-Journalism-and-the-Search-for-Solutions-Report.pdf  – R.S.]

LOSING THE NEWS
The Decimation of Local Journalism and the Search for Solutions

November 20, 2019, by PEN America

CONTENTS

LETTER 4
INTRODUCTION 5
WHAT IS A LOCAL NEWS ECOSYSTEM? 7
WHY LOCAL NEWS MATTERS 8
CASE STUDY: VIEW FROM SOUTHEASTERN N. CAROLINA  18
THE DECIMATION OF LOCAL NEWS   24
SYSTEMIC INEQUITY IN U.S. NEWS MEDIA  33
CASE STUDY: VIEW FROM DETROIT  37
INDUSTRY ADAPTATION AND INNOVATION  43
CASE STUDY: VIEW FROM DENVER  49
BIG PICTURE SOLUTIONS  56
RECOMMENDATIONS 76
ACKNOWLEDGEMENTS 80
ENDNOTES 81

Read the report at https://pen.org/wp-content/uploads/2019/12/Losing-the-News-The-Decimation-of-Local-Journalism-and-the-Search-for-Solutions-Report.pdf

Cover image: a decommissioned newspaper box abandoned in an alley in California; credit: Robert Alexander / Archive photos via Getty Images

The report was generously funded by Peter and Pam Barbey.