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File #: 2020-636    Version: 1 Name:
Type: Discussion Status: Agenda Ready
File created: 9/8/2020 In control: City Council
On agenda: 9/15/2020 Final action:
Title: LETTER FROM CITY ATTORNEY IN RESPONSE TO THE HOWARD JARVIS TAXPAYERS FOUNDATION REGARDING CARSON'S PLANNED SALES TAX EDUCATIONAL EFFORT (CITY COUNCIL)
Attachments: 1. Minutes on Item 22 of 8.18.20 City Council Meeting, 2. Letter from Howard Jarvis Taxpayers Foundation, 3. Letter to Jon Coupal (HJTA) re 8-24-2020 letter on Sales Tax Informational Activities
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Report to Mayor and City Council
Tuesday, September 15, 2020
Discussion


SUBJECT:
Title
LETTER FROM CITY ATTORNEY IN RESPONSE TO THE HOWARD JARVIS TAXPAYERS FOUNDATION REGARDING CARSON'S PLANNED SALES TAX EDUCATIONAL EFFORT (CITY COUNCIL)

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I. SUMMARY

On August 18, 2020, Carson City Council voted in favor of an educational campaign to provide information to Carson residents on the sales tax measure, with an allocation of up to $40,000 to cover such costs, including for an outside consultant, to assist in educating voters, within all legal constraints, on the City's financial condition, service needs and infrastructure needs (Exhibit No. 1). A letter was subsequently received from the Howard Jarvis Taxpayers Foundation asking about the educational campaign to provide information. To ensure legal compliance, Mayor Albert Robles asked to have this item on the agenda.

II. RECOMMENDATION
Recommendation

RECEIVE and FILE


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III. ALTERNATIVES

TAKE another action the City Council deems appropriate.


IV. BACKGROUND

On August 18, 2020, an educational campaign was approved by the City Council on a 3-2 vote (with Mayor Robles and Councilmember Hilton casting the dissenting votes) that staff would undertake, including possibly securing outside resources, to provide communication and outreach efforts to Carson residents on the sales tax measure. Staff recommended an allocation of up to $40,000 for an outside consultant to assist in educating voters, within all legal constraints, on the City's financial condition, service needs and infrastructure needs.
On August 24, 2020 a letter was received from the Howard Jarvis Taxpayers Foundation (Exhibit No. 2) advising that the use of public funds for political advocacy (a misimpression that might have resulted from remarks inadvertently made during the discussion) is absolutely prohibited under the Political Reform Act of 1974 and the California Supreme Court's decision in Stanson v. Mott (1976) 17 Cal.3d206. ...

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