HomeMy WebLinkAboutItem 6: Resolution Referring Vote on Corporate Personhood to Election
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: A Resolution Calling a City Election on November 6, 2012, for the Purpose of
Submitting an Advisory Measure to the Legal Electors of the City of Eugene Concerning
Constitutional Rights of Corporations
Meeting Date: July 23, 2012 Agenda Item Number: 6
Department: City Attorney’s Office Contact: Glenn Klein
www.eugene-or.gov Contact Telephone Number: 541-682-8447
ISSUE STATEMENT
The City Council will consider calling an election on November 6, 2012, for the purpose of submitting
an advisory measure to the electors concerning the constitutional rights of corporations.
BACKGROUND
On February 15, 2012, the council adopted Resolution No. 5055 asserting that corporations, unions and
special interest groups should not have the constitutional rights that natural persons possess. Common
Cause Oregon has requested that the council refer a measure to the voters of the City of Eugene to
express their opinions on the constitutional rights of corporations. On July 9, 2012, the council directed
the City Manager to bring back a resolution calling an election on November 6, 2012, for this purpose.
If the council refers the advisory question, the council also will need to appoint up to three councilors to
serve on the proponents’ committee to write the argument in favor of the measure. Additionally, the
council will need to authorize the expenditure of funds for the additional costs, including publication of
the advertisement for the opponents’ committee, publication of notice related to the measure, and the
printing of the additional pages for the voters’ pamphlet (ballot measure; resolution; proponents’ and
opponents’ written arguments and rebuttals; and any other argument for or against the measure).
The council has also asked what measures had been referred to the electors in the last ten years. The
measures referred since 2002 are as follows:
2011:
Temporary income tax for schools.
2008:
Gas tax sunset extension.
GO bonds for street preservation projects.
Police Auditor Charter amendment changes.
2007:
3¢ gas tax.
Urban Renewal Plan for amendments Downtown.
2006:
Local option levy for Library.
GO bonds for Parks, Recreation, and Open Space Projects.
S:\CMO\2012 Council Agendas\M120723\S1207236.doc
2005:
Police Auditor Charter amendment.
2004:
GO bonds for Civic Center vision project.
2002:
Four-year local option levy for Library.
GO bonds for Fire and Emergency Services projects.
Amending the Eugene Charter (ethics and conflicts of interests; hiring and firing
of city department directors; appointment of a city attorney; filling of vacancies;
liability for unauthorized expenditures; adoption and effective date of
ordinances; ordinances adopted by initiative; and “housekeeping” amendments).
Four-year local option levy to support youth, including school-related activities.
RELATED CITY POLICIES
None.
COUNCIL OPTIONS
The council may adopt the resolution as presented, adopt a modified resolution, or decline to adopt the
resolution.
CITY MANAGER’S RECOMMENDATION
None.
SUGGESTED MOTION
I move to adopt Resolution 5069 submitting an advisory question on rights of corporations and to
authorize the expenditure of funds from the General Fund contingency account to cover expenses for the
voters’ pamphlet.
If that motion passes:
I move to appoint ______________________, ______________________, and
______________________ to serve as members of the proponents’ committee to prepare the argument
and rebuttal in favor of the measure.
ATTACHMENTS
A. Proposed Resolution
FOR MORE INFORMATION
Staff Contact: Glenn Klein
Telephone: 541-682-8447
Staff E-Mail: glenn.klein@ci.eugene.or.us
S:\CMO\2012 Council Agendas\M120723\S1207236.doc
ATTACHMENT A
RESOLUTION NO. ______
A RESOLUTION CALLING A CITY ELECTION ON NOVEMBER 6,
2012, FOR THE PURPOSE OF SUBMITTING AN ADVISORY MEASURE
TO THE LEGAL ELECTORS OF THE CITY OF EUGENE
CONCERNING CONSTITUTIONAL RIGHTS OF CORPORATIONS.
The City Council of the City of Eugene finds that:
A.
On February 15, 2012, the Eugene City Council passed Resolution No. 5055
asserting its opinion that corporations, unions and special interest groups should not have the
constitutional rights that natural persons possess. A copy of Resolution No. 5055 is attached to
this Resolution as Exhibit A.
B.
Common Cause Oregon, a nonpartisan nonprofit advocacy organization, has
requested that the voters of the City of Eugene be given the opportunity to express their opinions
on the constitutional rights of corporations.
C.
The Eugene City Council agrees that an advisory measure should be placed on the
November 6, 2012 ballot.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1
. A City election is called for the purpose of submitting to the qualified electors
of the City of Eugene an Advisory Measure concerning the constitutional rights of corporations.
Section 2.
The ballot measure shall be as follows:
CAPTION: Advisory question on constitutional rights of corporations.
ADVISORY QUESTION: Shall voters request that Congress send to States
constitutional amendment declaring corporations do not possess constitutional
rights of natural persons?
SUMMARY: This measure is an advisory question. Eugene voters are being
asked whether Congress should refer to the States a constitutional amendment
declaring that corporations do not possess the constitutional rights that natural
persons possess. On February 15, 2012, the Eugene City Council passed
Resolution No. 5055. That Resolution requested that Congress send to the States
such a proposed constitutional amendment. A “yes” vote supports asking
Resolution - Page 1 of 2
Congress to forward the constitutional amendment. A “no” vote opposes asking
Congress to forward the constitutional amendment.
Section 2.
The City Council orders this City election to be held in the City of Eugene,
th
Oregon, concurrently with the general election on the 6 day of November, 2012, in accordance
with the provisions of Chapter 254 of the Oregon Revised Statutes, and the ballots shall be
counted and tabulated and the results certified as provided by law.
Section 3.
The City Recorder is directed to give not less than ten days’ notice of the City
election by publication of one notice in the Register Guard, a newspaper published in the City
and of general circulation within the City.
Section 4.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the ____ day of July, 2012.
________________________
Deputy City Recorder
Resolution - Page 2 of 2
Exhibit A
Exhibit A
Exhibit A
Exhibit A