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<br />. <br /> <br />Mr. Bradley asked if the existing penalty was $100. Joyce Benjamin, <br />City Attorney, said the present penalty clause did not apply to the <br />election ordinance. She said it was originally intended that the <br />Council would determine the appropriate fine for elections, but that <br />did not happen. Because of this, the general fine of $100 would go <br />into effect. <br /> <br />Mr. Bradley was concerned about the confinement time. He said it <br />was bad precedent to have a jail term prescribed by the ordinance <br />if it would not be used or be appropriate. He suggested the <br />Elections Ordinance should increase the fine and elminate the jail <br />term. He would be willing to ask that the motion be so amended. <br /> <br />Assistant Manager said in cases of election fraud, where signatures <br />had been manufactured, the consequence should not be just monetary <br />punishment. Mr. Bradley suggested a $1,000 fine be set in addition <br />to forfeiture of office. Assistant Manager pointed out that in the <br />case of an initiative referendum, an office holder would not be <br />involved in crime. <br /> <br />-. <br /> <br />Mr. Bradley asked if the ordinance could be worded so the penalty of <br />a jail term were tied in only to cases of fraud. Ms. Benjamin said <br />that was possible. Assistant Manager said if the Council wished the <br />staff to distinguish the most culpable crimes, it would study the <br />ordinance in that vein. Mr. Bradley suggested staff come back with <br />refinements to the ordinance with the idea in mind that Council might <br />want to amend the ordinance. As an alternative, he said staff could <br />bring the ordinance back for approval a week from that Wednesday. <br />Mr. Bradley began a motion to that effect, but Mayor Keller reminded <br />him there was already a motion on the floor. Mr. Bradley wanted to <br />amend the main motion. Assistant Manager pointed out the motion was <br />for the second reading of the motion, so the motion could not be <br />amended until the first motion were voted on. <br /> <br />Mr. Delay suggested Council deal with the specific issues about the <br />ordinance as an agenda item at another meeting. Mr. Lieuallen agreed. <br />Mr. Bradley reminded Council that if he voted no on the motion on the <br />floor, it would not pass. He said he wanted a compromise along the <br />lines that the staff would come back with the possible amendment <br />which could be voted on. <br /> <br />Vote was taken on the motion, which passed unanimously, <br />and the bill was read the second time by council bill <br />number only. <br /> <br />Mr. Hamel moved, seconded by Mr. Williams, that the bill <br />be approved and given final passage. Rollcall vote. All <br />Council members present voting aye, the bill was declared <br />passed and numbered 18107. <br /> <br />- <br /> <br />50 <br /> <br />1/23/78 -- 11 <br />