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That the City Manager be and hereby is requested to instruct the City Solicitor, in consultation with the Election Commission, to report back on the legality and constitutionality of the attached proposal submitted in the April 30, 2018 Policy Order

POR 2018 #308·Council meeting Dec 3, 2018·3 pages·📄 Original PDF (city portal)
City of Cambridge O-4 Amended Order IN CITY COUNCIL April 30, 2018 COUNCILLOR TOOMEY WHEREAS: According to the Office of Campaign and Political Finance, during the 2017 campaign year more than $860,000 was spent by candidates for campaign activities totaling $38.20 per #1 vote and with 7 candidates spending more than $50,000 each; and WHEREAS: The Office of Campaign and Political Finance (OCPF) recently reported that statewide “In calendar year 2017, the zip code with the highest amount of contributions of $1,000 or less was 02138” totaling $413,184; and WHEREAS: Other zip codes in Cambridge provided significantly lesser amounts of such contributions, specifically 02139 55% of the 02138 total; 02140 39% of the 02138 total; 02141 14% of the 02138 total; and 02142 9% of the 02138 total; and WHEREAS: It is desirous that candidates for Cambridge municipal elections receive a significant amount of their campaign contributions from residents of Cambridge, particularly from their neighbors, but the impact of the socio-economic reality of very diverse median incomes by zip code and neighborhood inherently fosters an uneven playing field in the ability and the amount of campaign contributions residents can provide; and WHEREAS: Potential public financing of municipal elections in Cambridge, does not, in and of itself, create a level playing field for municipal elections; now therefore be it
ORDERED: That the City of Cambridge develop a program the “Cambridge Publicly Financed Municipal Election Program” for City Council and School Committee candidates, the eligibility for which will be based on a candidate meeting certain income eligibility requirements, such as those utilized by the Cambridge Housing Authority or a similar eligibility indicator; That the program would provide: 1. An eligible candidate for City Council would receive $15,000, and for School Committee $10,000, for non-personnel related campaign expenditures; 2. Such candidates for City Council would raise no more than an additional $20,000 and candidates for School Committee would raise no more than an additional $15,000 during the two-year municipal election cycle; said amount raised to be used for any valid campaign expense authorized by the OCPF; 3. Such candidates for City Council would expend in the aggregate no more than $30,000 and candidates for School Committee would expend in the aggregate no more than $20,000 during the two-year municipal election cycle; 4. Such candidates for City Council and candidates for School Committee would agree to accept no more than $200 from an individual during the two-year municipal election cycle; 5. Such candidates would release a copy of their most recent Federal tax return within 45 days of being certified as a candidate for City Council or School Committee; 6. Such candidates would agree not to accept donations from persons residing outside the Commonwealth of Massachusetts; 7. Such candidates shall return to the City of Cambridge any unspent amounts of publicly funded campaign funds within 60 days of the date of the municipal election and be subject to audit to ensure compliance with regulations of the program; and be it further ORDERED: That, in concert with the “Cambridge Publicly Financed Municipal Election Program”, or as a standalone program, the City Manager be and hereby is requested to confer with the Cambridge Election Commission to establish an official “Cambridge Municipal Election People’s Pledge” program, which would be voluntary and include the following components: 1. Candidates for City Council would expend no more than $30,000 and candidates for School Committee would expend no more than $20,000 during the two-year municipal election cycle; 2. Candidates for City Council would raise no more than $35,000 and candidates for School Committee would raise no more than $25,000 during the two-year municipal election cycle; 3. Candidates for City Council and candidates for School Committee would agree to accept no more than $200 from an individual during the two-year municipal election cycle; 4. Candidates for City Council and School Committee would release a copy of their most recent Federal tax return within 45 days of being certified as a candidate for City Council or School Committee; 5. Candidates for City Council and School Committee would agree not to accept donations from persons residing outside the Commonwealth of Massachusetts; and be it further
ORDERED: That the Election Commission would establish a program to notify the voters which candidates are participating in the “Cambridge Municipal Election People’s Pledge” program, mailing such information to voters 10 days before the date of the municipal election and prominently displaying such information on the Cambridge Municipal website; and be it further ORDERED: That the Election Commission would determine the feasibility of including such information on the Municipal ballot; and be it further ORDERED: That the City Manager be and hereby is requested to instruct the City Solicitor to draft any required Home Rule legislation to be submitted to the City Council on this matter; and be it further ORDERED: That this matter be referred to Government Operations, Rules and Claims Committee. In City Council April 30, 2018. Adopted as amended by the affirmative vote of nine members. Attest:- Donna P. Lopez, City Clerk A true copy; ATTEST:- Donna P. Lopez, City Clerk