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Wednesday, March 04, 2009
Candidates Can Drink Up on City Money
By Dan McKay
Journal Staff Writer
Here's to public financing.
City Hall is lifting a ban on using public campaign funds to purchase alcohol.
City Clerk Randy Autio and others in the administration determined last month that the alcohol prohibition is illegal, based on language in the voter-approved "Open and Ethical Elections Code." The code makes no mention of alcohol, Autio said, and the city cannot enact a ban without authority to do so.
City councilors aren't amused.
"It's totally ridiculous," Councilor Brad Winter said. "Why would you need alcohol to run a campaign?"
In 2007, the city prohibited taxpayer-funded candidates from spending the money on an "alcoholic beverage." That was the first year the city offered public financing.
Administrative regulations governing the system were overhauled earlier this year after a public hearing. City attorneys and executives determined they couldn't legally justify an alcohol ban because the subject isn't mentioned in the City Charter's section on public financing.
It wasn't clear from records documenting the public hearing process whether the question was broached by one of the campaigns or raised by the city itself.
Either way, the city removed the ban, Autio said Tuesday.
"Regardless of what my personal feelings are about the subject," he said, "if there's no authorization in the act, I didn't feel like it was in my discretion to ban something."
Autio is a deputy city attorney. Mayor Martin Chávez appointed him to run the City Clerk's Office in 2007 after the death of Millie Santillanes.
Several councilors said it's not unusual for private campaign events to feature wine or beer. But they didn't like the idea of using city funds for that purpose.
"I just don't think it's right," said Councilor Rey Garduño, who campaigned with public funds in 2007. "You can do a fine job running for office without paying for anybody's drinks."
City Council President Isaac Benton, who expects to seek public funds for his re-election bid this year, said alcohol would be a questionable expense.
"I don't think it makes any sense," he said. "I'm an advocate that if we're going to use public funds that they be used very judiciously and on getting the word out on your issues."
Autio said alcohol could be prohibited through an amendment to the City Charter.
The administrative changes made to the election code this year clarify definitions, deadlines and other issues. They now make clear, for example, that any computers or other pricey property bought by a campaign cannot be kept after the election is over. They must either be returned to the city or sold, with the proceeds going back to the elections fund.
Under public financing this year, mayoral candidates are expected to receive about $328,000 to spend on their campaigns. City Council candidates could get $35,000 to $40,000 each.
To qualify, they must collect thousands of signatures and small contributions to prove they're viable candidates.
Of course, the city could run out of money to fund the campaigns, depending on how many people qualify. It could make reduced distributions or find more money elsewhere in the budget.
About $1.4 million is expected to be in the fund next month, when the first payments are scheduled. Another $400,000 to $500,000 should become available July 1.
The city regulations say the money can be spent on paying campaign staff, renting a headquarters, buying equipment, purchasing food and drinks, and other campaign-related expenses.
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