3.
Council Work Session
- Meeting Date:
- 07/06/2020
- TITLE
- Public Safety Mill Levy
- PRESENTED BY:
- Chris Kukulski
- Department:
- City Hall Administration
- Division:
- Administration
RECOMMENDATION
The Council ask questions to clearly understand any limits on their free speech rights regarding the City's upcoming ballot measure to amend the city charter.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On June 22, 2020, The Mayor and Council approved an ordinance and ballot language resolution submitting the Public Safety Mill Levy (PSML) to voters for approval in a special mail ballot election currently scheduled for September 15, 2020. If approved by voters, this mill levy will amend the City Charter by allowing 60 mills to be levied each year indefinitely into future years.
A common question is what limitations does Montana law place on elected officials and city staff to inform the public on the impacts of ballot issues. Public time and money cannot be spent advocating for or against a ballot measure or candidates running for office. Public time and money can be spent to educate. Staff can and will work diligently to educate the community on the impacts of voting for or against the PS2 Levy. We will be careful to educate and not advocate for or against the charter amendment.
Elected officials are viewed differently under the law and guidelines. You can advocate and/or speak against ballot measures and elected officials running for office. However, you should not advocate during formal City board meetings ie city council, parks board, planning board etc. This prohibition does not include community groups and organizations like, Rotary, Chamber of Commerce or neighborhood task forces (neighborhood task forces are not official City boards). For further review please see the attached guidance provided by our legal team and the State of Montana and Crowley, Haughey, Hanson, Toole & Dietrich PLLP and former Attorney General.
The Montana Commission on Political Practices (COPP) is a state agency which regulates political campaign practices and enforces Montana election laws. COPP has indicated that the election rules do apply to cities as they relate to ballot issues such as the PSML.
Because public monies will be expended in educating the public on the PSML ballot issue, the City has registered with the COPP as an Incidental Political Committee and we will appropriately report expenditures. The City will submit the required reports to the State for any time and monies spent in June, July, August and September 2020 to educate our community on the impacts of the PS2 repeal and replace ballot question.
A common question is what limitations does Montana law place on elected officials and city staff to inform the public on the impacts of ballot issues. Public time and money cannot be spent advocating for or against a ballot measure or candidates running for office. Public time and money can be spent to educate. Staff can and will work diligently to educate the community on the impacts of voting for or against the PS2 Levy. We will be careful to educate and not advocate for or against the charter amendment.
Elected officials are viewed differently under the law and guidelines. You can advocate and/or speak against ballot measures and elected officials running for office. However, you should not advocate during formal City board meetings ie city council, parks board, planning board etc. This prohibition does not include community groups and organizations like, Rotary, Chamber of Commerce or neighborhood task forces (neighborhood task forces are not official City boards). For further review please see the attached guidance provided by our legal team and the State of Montana and Crowley, Haughey, Hanson, Toole & Dietrich PLLP and former Attorney General.
The Montana Commission on Political Practices (COPP) is a state agency which regulates political campaign practices and enforces Montana election laws. COPP has indicated that the election rules do apply to cities as they relate to ballot issues such as the PSML.
Because public monies will be expended in educating the public on the PSML ballot issue, the City has registered with the COPP as an Incidental Political Committee and we will appropriately report expenditures. The City will submit the required reports to the State for any time and monies spent in June, July, August and September 2020 to educate our community on the impacts of the PS2 repeal and replace ballot question.
ALTERNATIVES
NA
FISCAL EFFECTS
NA