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HomeMy WebLinkAboutOrdinance No. 20190 ORDINANCE NO. 20190 AN ORDINANCE CONCERNING INCLUSION OF SCHOOL DISTRICT MEASURES IN VOTERS PAMPHLETS; AND = AMENDING SECTIONS 2.993, 2.994, 2.996 AND 2.997 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 2.993 of the Eugene Code, 1971, is amended as follows: 2.993 Voter's Pamphlet. (1) The following definitions apply to sections 2.993 to 2.998: (a) Measure means both city measures and school district measures. A@ (b) City measure means a proposed city ordinance or charter amendment A@ or a proposition or question or advisory measure placed on the ballot by the council, including a measure referred on the recommendation of the Eugene Water & Electric Board (EWEB). City measure also includes municipal legislation or charter A@ provisions placed on the ballot by initiative or referendum petition. (c) School district measure means a measure placed on the ballot by the A@ school district. (d) School district means School District 4J or School District 52. A@ (2) The city manager shall publish and distribute a local voter's pamphlet for each election in which a city measure is on the ballotunless: (a) The city measure is placed on the ballot by petition or council action occurring less than 55 days before the election date; or (b) The council determines that the environmental, economic and social impacts of adoption of the city measure are not substantial enough to warrant the expense of preparation and distribution of a voter's pamphlet. (3) The city manager shall include in a voter's pamphlet published pursuant to subsection (2) statements from candidates in races for city offices (council, mayor, or EWEB member) if such statements are submitted by the candidates, together with a fee in the amount of $100.00. (4) In the event that no city measure is submitted for a vote at an election at which there is a race for a city office, and neither the state nor county publish a voter's pamphlet open to candidates for city offices who have submitted statements pursuant to subsection (3), the city manager shall publish a voter's pamphlet which shall contain such statements. (5) A voter's pamphlet published by the city manager pursuant to subsection (4) shall be distributed city-wide if a candidate statement included therein is for the office of mayor or EWEB at large member. If the only statements submitted are for city council or EWEB positions, the voter's pamphlet shall be distributed only in the wards for which there are candidates who have submitted statements. (6) Any time a voters pamphlet is produced under this section, the city manager = Ordinance - 1 shall include in the voters pamphlet any school district measure and any candidate statement for a = school board position for which timely notice and payment is received. The contents of a school district measure shall comply with subsection 2.994(1)(a); the contents of a candidates statement = shall comply with subsection 2.994(3). (a) Timely notice. 1. For notice of a school district measure to be timely, the school district must submit the text of the measure to the city recorder not less than 55 days prior to the date of the election. 2. For notice of a candidates statement to be timely, the = candidate for a school board position must submit the statement to the city recorder not less than 47 days prior to the date of the election. (b) Payment. 1. Prior to the inclusion of a school district measure in the voters = pamphlet, the school district shall agree to pay to the city the cost of the school districts portion, as determined by the city recorder, of the printing, = advertising, mailing, and personnel expenses associated with publishing the voters pamphlet and distributing it within the city limits. The school district = shall agree to pay to the city the full cost of the expenses associated with the distribution of voters pamphlets outside the city limits. = 2. Candidates for school board positions shall pay to the city a fee in the amount of $100 at the time they submit their statements to the city recorder. (c) Submission of arguments for or against school district measure. 1. Written arguments in favor of or in opposition to a school district measure may be submitted by following the procedure described in subsections 2.996(1) and (1)(b), except that one or more school board members voting in favor of the measure shall be substituted for the city councilors. 2. Additional arguments in favor of or in opposition to a school district measure may be submitted by following the procedure described in subsection 2.996(2), except that the required petition signatures shall be those of school district electors. Section 2 . Subsection (3) of Section 2.994 of the Eugene Code, 1971, is amended as follows: 2.994 Voter's Pamphlet - Contents. (3) Following the information contained in subsection (1), the voter's pamphlet shall include statements from those candidates for city offices who submit such statements and pay the required fee. The statements shall not exceed 325 words and may include a photograph of the candidate. Until such time as the city manager adopts rules governing the size and/or type of candidate information, the city shall apply the criteria adopted by the state relating to candidate information in state voter's pamphlets. Ordinance - 2 Section 3 . Subsection (1) of Section 2.996 of the Eugene Code, 1971, is amended as follows: 2.996 Voter's Pamphlet - Submission of Arguments For or Against Measure and Statements from Candidates. (1) Not less than 47 days prior to the date of the election, the written arguments authorized by subsection 2.994(1)(b) in favor of, and in opposition to, a measure, shall be submitted to the city recorder. In the event that the election is by mail ballot, the arguments shall be submitted 54 days prior to the date of the election. Any rebuttals to the arguments shall be submitted 37 days (44 days for mail ballots) prior to the date of the election. Such arguments and rebuttals shall be prepared and submitted in the following manner: (a) Citizen-initiated measures. The written argument in favor of the city measure, and the rebuttal to the argument in opposition to the measure, shall be submitted by one or more of the chief petitioners. The written argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by a three-person committee. The committee shall be chosen by the city recorder by lot, at a time and place announced to all applicants, from among persons who file an application for a position on the committee within a time specified by the city recorder after appropriate notice of opportunity to apply. An applicant shall certify under penalty of perjury that he or she is a bona fide opponent to the city measure. If no one applies for appointment to prepare the argument in opposition, the voters' pamphlet shall so state. (b) City council-referred measures. The written argument in favor of the city measure, and the rebuttal to the argument in opposition to the measure, shall be submitted by one or more of the city councilors who voted in favor of the measure; except that in the case of a city measure referred on the recommendation of EWEB, one or more members of the EWEB Board voting in favor of the measure shall be substituted for the city councilors. The written argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by a three-person committee chosen in the same manner as provided by paragraph (1)(a) of this subsection. (c) Citizen-referred measures. The written argument in favor of the city measure, and the rebuttal to the argument in opposition to the measure, shall be submitted by one or more of the city councilors who voted in favor of the ordinance referred. The written argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by one or more of the chief petitioners of the referral petition, so long as the persons who submit the argument and rebuttal first certify under penalty of perjury that they are bona fide opponents of the ordinance. If the chief petitioners are not bona fide opponents (e.g., if they merely favor the opportunity to vote on the issue), the argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by a three-person committee chosen in the same manner as provided by paragraph (1)(a) of this section. If one or more members of the committees preparing the arguments or rebuttals cannot agree on a Ordinance - 3 consensus statement, he or she may write his or her own statement not exceeding one-third of the total number of words allocated to the argument or rebuttal. The length of the consensus argument, if any, shall be reduced by the same amount. Section 4 . Section 2.997 of the Eugene Code, 1971, is amended as follows: 2.997 Voter's Pamphlet - Distribution. No later than the 14th day before the election at which a measure is to be voted upon, the city manager shall mail a voter's pamphlet to each residence within the appropriate geographical area(s). The appropriate geographical area means the following: (a) For voters pamphlets containing city measures or statements from = candidates for city wide offices, the city limits of Eugene; (b) For voters pamphlets containing school district measures or = candidates for school board positions, the boundaries of the school district; and (c) For voters pamphlets containing only statements from candidates for = city council or EWEB positions, the wards which those candidates would represent if elected. Voter's pamphlets shall be made available for public distribution at city hall, the city library, and at other municipal facilities within the city. Section 5. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this thth 28 day of February, 2000 28 day of February, 2000 /s/ Warren G. Wong /s/ James D. Torrey City Recorder Mayor Ordinance - 4