AGENDA #13
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Options for Providing Free Access to the Local Government Cable Channel for Town Council Candidates
DATE: June 23, 2003
This memorandum describes a potential process for the Council to provide free access on the local government cable channel (18) for Town Council candidates for elected office.
Adoption of Resolution A would implement Option A described below, which would ask that candidates for office submit videocassette tapes on their behalf, limited to three minutes, so that a contracted producer would combine these tapes into one program to air on Channel 18.
BACKGROUND
On April 14, 2003, the Council discussed options for providing financial assistance to candidates for elective office within the Town. As part of that discussion, the Council decided to appoint a Committee to develop a proposal for providing Town financial assistance to candidates for Town elective office and to reach conclusions about the potential benefits of such a system. An excerpt of the April 14, 2003, minutes is included as Attachment 1.
The Council also asked the Manager to propose an interim measure for the 2003 election that would provide free public television time. Additionally, the Council requested that the Mayor write a letter on behalf of the Council expressing support for Senate Bill 760, which would allow local governmental campaign finance programs. Mayor Foy wrote to the Orange County Legislative Delegation on behalf of the Council; a copy of the letter sent to the delegation is included as Attachment 2.
Filing opens on Monday, July 7. The filing deadline for candidates for local elective office is Friday, August 1. Election Day is Tuesday, November 4.
DISCUSSION
Below we outline options for the Council to consider in providing free access to the government cable channel.
Option A
Advantages of Option A
Disadvantages of Option A
· Varying tape quality: The video and audio technical quality of candidates’ submitted tapes will vary. Although the finished product will provide equal time to all candidates, some backgrounds and lighting, camera angle, etc., may still vary.
Option B
· All candidates would schedule times in a meeting room on one day in early to mid-August at Town Hall, where a producer would videotape each candidate in the same background, with the same time limit, etc.
· Candidates would be allowed limited opportunities for “retakes” if misstatements were made during taping.
· The other policies outlined in Option A would still apply, except that candidates would not be able to submit a second tape for airing as in Option A.
Advantages of Option B
Disadvantages of Option B
Billboarding
The Town would also announce the airing of the candidates’ remarks on Channel 18 using the Town’s “billboarding” equipment. Computer (PowerPoint) slides would air on the screen at periodic times to announce when viewers can see the candidate remarks.
Town Role
Under neither option would the Town or Channel 18 exercise any editorial review. Tapes that exceed three minutes would be stopped at the time limit.
For both options, production costs are estimated using hourly rates and assuming the participation of 15 candidates. Actual costs may decrease or increase as the total number of candidates varies.
RECOMMENDATION
We believe that Option A would provide the simplest and most cost-effective way to provide candidates with access to the local cable channel. We recommend adoption of Resolution A, which would implement this option.
However, the Council may wish to pursue Option B and adopt Resolution B, or pursue an alternative option.
ATTACHMENTS
RESOLUTION A
A RESOLUTION PROVIDING CANDIDATES FOR MAYOR AND TOWN COUNCIL WITH FREE ACCESS TO THE GOVERNMENT CABLE CHANNEL THROUGH SUBMITTAL OF VIDEOCASSETTE TAPES (2003-06-23/R-23a)
WHEREAS, on April 14, 2003, the Town Council discussed options for providing financial assistance to candidates for elective office within the Town; and
WHEREAS, the Council asked the Manager to institute an interim measure for the 2003 election with free public television time; and
WHEREAS, the least-expensive option to provide this free television time is for candidates to submit videocassette tapes of their remarks to the Manager’s Office, as outlined in Option A of this memorandum;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to provide a method for candidates for Mayor and Town Council to have access to the governmental cable channel as outlined in Option A of this memorandum.
This the 23rd day of June, 2003.
RESOLUTION B
A RESOLUTION PROVIDING CANDIDATES FOR MAYOR AND TOWN COUNCIL WITH FREE ACCESS TO THE GOVERNMENT CABLE CHANNEL BY VIDEOTAPING CANDIDATE REMARKS AT TOWN HALL (2003-06-23/R-23b)
WHEREAS, on April 14, 2003, the Town Council discussed options for providing financial assistance to candidates for elective office within the Town; and
WHEREAS, the Council asked the Manager to institute an interim measure for the 2003 election with free public television time; and
WHEREAS, the Council chooses to allocate staff time and Town Hall space for the scheduling and taping of each candidate’s remarks;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to provide a method for candidates for Mayor and Town Council to have access to the governmental cable channel as outlined in Option B of this memorandum.
This the 23rd day of June, 2003.
SUMMARY MINUTES OF A BUSINESS MEETING
OF THE CHAPEL HILL TOWN COUNCIL
MONDAY, APRIL 14, 2003, AT 7:00 P.M.
(Excerpt from Minutes)
Item 6 - Response to Petition regarding the Town Providing
Financial Assistance to Candidates for Elective Office in the Town
Mr. Karpinos summarized this petition for a program whereby candidates who voluntarily agree to limit their own fundraising would be eligible for Town funding in the 2003 Council elections. He stated that two significant legal issues had arisen since this petition was first presented to the Council on February 24, 2003. Mr. Karpinos explained that the first issue involved whether the Council had legal authority to provide this funding without further legislation. The second issue, he said, involved whether the Town's contribution would be limited to the amount established by the Town's own ordinance or by limits established by State statute if that ordinance were to change. Mr. Karpinos pointed out that there were only a few Council meetings left before summer recess. He noted that the filing period begins in early July, so the Council would need to consider the budgetary implications of this over the next few weeks. Mr. Karpinos explained that the Council and community would need to determine whether such a program is appropriate and what its parameters should be.
Mr. Karpinos explained that the Council has gone to the Legislature for special legislative authority when they have sought to enact ordinances that relate to Council elections. He pointed out that the Town of Cary had implemented a program such as this without getting that legislative authority, but the courts have not yet answered the question of whether there is legal authority to do that. Mr. Karpinos stated that a bill had been introduced in the NC Senate that would establish clear Legislative legal authority for the Council to enact the program. He pointed out, however, that the Town does not know what the outcome of that bill will be in the General Assembly this year.
Mr. Karpinos explained that the NC Board of Elections and the NC Superior Court had both determined that Cary, like any other contributor to an election campaign, would be limited to the statutory prescribed amount of $4,000. Candidates who had received more than that had been required to return the excess, he said. This means that Chapel Hill could apply only $200 to each candidate, Mr. Karpinos said, unless the Council changed the $200 limit in the Town's ordinance back to $4,000 or some other limit. He noted that the Council had based its decision to set the limit at $200 on other policy issues.
Mr. Karpinos pointed out that Cary's program had taken several months to develop and had involved a considerate amount of debate. He said both he and Mr. Horton believe this is a policy matter that the Council must decide, but urged Council members to think about whether there is enough time to do that this year. Mr. Karpinos suggested that an interim approach might be to provide assistance, such as time on the Town's cable access channel, and to indicate clear support for Senate Bill 760. This would allow the Council to consider this proposal without being in questionable legal climate, he said.
Billie Hayward, President of the League of Women Voters of Orange, Chatham and Durham Counties, urged the Council to establish a committee to study providing financial assistance to candidates for Town office. She commended the Town for its campaign spending law, which limits the size of contributions and requires disclosure of large donors. Ms. Hayward said Chapel Hill had distinguished itself in the area of campaign reform. She outlined the League's position on campaign finance: the methods of financing political campaigns should ensure the public's right to know, combat corruption and undo influence, enable candidates to compete more equitably for public office, and allow maximum citizen participation in the political process. To this end, she said, the League urged the Council to appoint a committee to study the issue of public funding of campaigns and make a recommendation to the Council as possible policy. Ms. Hayward added that the committee's membership should be broadly based with representatives from all sectors of the community. She anticipated that the committee could complete its work prior to the 2005 elections and said the league would like to be involved in formulating a recommendation for the Council to consider.
George Entenman also urged the Council to form a committee. He expressed support for Mr. Karpinos' suggestion about offering free cable access and supporting the Senate bill. Mr. Entenman noted the energy and dedication of the young people who had promoted "voter-owned elections," and predicted that there would be an outburst of interest and participation if Chapel Hill institutes such a system. He urged Council members to "do the right thing before Carrboro does."
Peter Walz, who works for Democracy North Carolina, said his organization had conducted two studies of campaign spending in Chapel Hill over the last four months. The first was on campaign trends on spending for the mayoral race, he said, and it found that between 1985 and 2001, average spending more than tripled, from about $6,600 to above $25,000. He noted that more than $14,000 in 2001 had come from the candidates themselves. Mr. Walz added that one of every five dollars in the last two Council races had come from the candidates, and said the top spenders between 1995 and 2001 had a 69% success rate.
Mr. Walz argued that public office should be for everyone and that public officials should not have to go into debt to achieve it. He pointed out that Chapel Hill did not have a big problem when compared to some of its neighbors. Mr. Walz recommended fixing the system before it is broken, and become a shining model for municipalities across the state. He noted that Maine and Arizona already had such systems, commenting that this system restores public trust. Mr. Walz recommended that the Council appoint a committee and vote to approve the system as soon as possible.
Megan DeSmedt, of North Carolina Public Interest Research Group (PIRG), urged the Council to enact the voter-owned election proposal after appointing a Mayor's committee to study and improve it. Such a program would guarantee that qualified candidates would not be shut out of the election because of their economic standing, she said. Ms. DeSmedt said this would ensure that as many people as possible would be able to run for office.
Council Member Ward expressed eagerness to move in this direction, but pointed out it did not seem possible to be ready by the August filing date, considering the budget and legal issues, and the dangling legislation. He recommended having the system in place well before the 2005 election cycle, and expressed support for the League of Women Voters' proposal. Council Member Ward asked that the Mayor and staff help the Council form a committee with the appropriate composition well before the 2005 election.
Mayor Foy suggested that the Council designate a committee to refine the proposal and to reach conclusions about what the potential benefits could be of such a system. In the interim, he said, the Council could institute the public television suggestion. Mayor Foy noted the distinction between a Mayor's Committee and a Council's Committee. He recommended that this be a Council's Committee, with deliberations open to the public, rather than a Mayor's Committee, which is used for expediting issues. Mayor Foy suggested making a motion for a Council Committee to be appointed, and suggested that the Council set the general goals for that committee and perhaps make recommendations about membership, which would include citizens and people with expertise.
Council Member Ward moved that a Council committee be appointed, THAT the Council will set the general goals for that committee, and perhaps make recommendations about membership, which would include citizens and people with expertise. Council Member Strom seconded.
Council Member Wiggins asked Mayor Foy to restate the motion. Mayor Foy said the Council would establish a Council Committee to evaluate the plan, to make recommendations about what refinements there might be and what choices the Town might have, and what they have to do to make this work mechanically, and then come back to the Council with an interim report and to ask the Manager to institute the interim measure for the 2003 election with free public television allotted.
Council Member Wiggins said she had been leaning toward a motion for a Mayor's Committee that would develop a charge and a suggested list of Committee members to bring back soon for Council action. Mayor Foy replied that he thought citizens would be solicited as they usually are, by notices in the newspaper and by calling them and asking them, but he had no objection to a two-step process.
Council Member Harrison pointed out that the Senate bill had a very diverse set of co-sponsors, which indicates that it will pass. He expressed support for Council Member Wiggins' suggestion for a start-up committee.
Council Member Ward and Council Member Strom agreed to accept the start-up committee proposal as an amendment. They also accepted AS an amendment to have Mayor Foy send a letter on behalf of the Council expressing support for Senate bill 760 AND ASKING THE MANAGER TO INSTITUTE THE INTERIM MEASURE OF HAVING FREE PUBLIC TELEVISION ALLOTTED TO CANDIDATES DURING THE FALL 2003 ELECTION. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).
Mayor pro tem Evans
verified that a similar process would be used to provide input to the study
group. She noted that there are issues that those who have not run for office
might not understand.
ATTACHMENT 2
Senator Eleanor Kinnaird
2115 Legislative Building
15 W. Jones St.
Raleigh, NC 27601-2808
Re: Senate Bill 760, “Local Campaign Finance Reform”
Dear Ellie:
At its regular meeting of April 14, 2003, the Chapel Hill Town Council discussed a petition proposing a program for Town financial assistance to candidates for Town elective office.
Following that discussion, the Council passed a motion of support for Senate Bill 760, “Local Campaign Finance Reform.” The bill would allow local governmental campaign finance programs.
We respectfully request that the Legislative Delegation support the bill.
Sincerely,
Kevin C. Foy
Mayor
KCF/wms
Attachment 1: April 14, 2003 Memorandum with Copy of Senate Bill 760
cc: Town Council