Volunteer Group Submits Petitions for "Anti-Political Kickback" Initiative

By Jorge Casuso

Sponsors of an "Anti-Political Kickback" initiative submitted petitions with more than 12,000 signatures to the city clerk Tuesday in the hopes of placing the measure before voters in November.

Supporters contend that the initiative - which would prohibit politicians from accepting money, gifts and jobs from contractors they deal with while in office - is a "groundbreaking reform" measure. Opponents counter that it is an unnecessary burden that could chill the public process.

The valid signatures of about 8,000 (15 percent of the city's 54,000) registered voters are needed to place the charter amendment on the ballot.

"Our initiative will change the rules of the game at City Hall to benefit the taxpayers and voters," said Gail Weed, a supporter of the measure and one of the volunteers of the Oaks Project, which gathered the signatures.

"Finally, the average taxpayer and voter will have confidence that city hall decisions are made based on the merit of a project, not the size of a campaign donation," said project volunteer James Eaton.

City officials counter that the measure - an identical version was also submitted to city clerks in San Francisco, Pasadena, Irvine, Claremont and Vista - is not needed in Santa Monica, where campaign donations are limited to $250 and where members of boards and commissions are citizen volunteers.

"It's not a problem that exists in Santa Monica," said Councilman Paul Rosenstein. "This is another form of the corruption of the political process. I don't see how this would change what's happening in Santa Monica one iota.

"I would challenge the proponents to explain to us what are the ills they are trying to correct," said Rosenstein, who said it took 600 contributors to raise $100,000 for his 1996 independent reelection bid.

Instead, Rosenstein said the measure would create an "enforcement nightmare because it's hard to figure out who it applies to."

According to City Attorney Marsha Moutrie's summary of the initiative, the measure "would amend the Santa Monica City Charter by adding a provision prohibiting a public official from receiving a personal benefit from someone after acting to award a public contract or benefit to that person. The initiative applies to elected or appointed public officials exercising discretion in a public capacity."

The initiative defines "public benefit" as any contract, benefit or arrangement between the city and any person or entity to:

• Provide services or goods or lease rental property with a value in excess of $25,000 over a 12-month period.
• Buy or sell real property with a value in excess of $25,000.
• Receive a franchise award for which gross revenue exceeds $50,000 in any 12-month period.
• Confer a tax benefit exceeding $5,000 in any 12-month period.
• Receive cash or the equivalent specie with a net value exceeding $10,000 in any 12-month period.

The initiative defines the term "personal or campaign advantage" as including "any personal benefit or gift worth more than $50, any employment for compensation and any campaign contribution for any elective office sought by the official," according to the City Attorney's summary.

"The prohibition against officials receiving gifts from recipients of public benefits would run for two years after the expiration of the term when the official acted to allocate the public benefit, two years after the official's departure from office, or six years from the date the official acted to approve the allocation, whichever is first," according to the summary.

The measure establishes both civil and criminal remedies. Willful violations would be misdemeanors and city residents would be able to bring civil enforcement actions.

Sponsors of the initiative say it's not just the issue that's important, but the path taken to qualify it for the ballot. Unlike measures backed by special interests, which pay signature gatherers, the petitions were circulated by volunteers.

"The idea is not just to put the issue up there, but how it's put up there," said Bill Gallagher of the Oaks Project. "Our initiative has been done with an all volunteer force. It proves you can do it."

The Oaks Project is a non-profit, non-partisan group founded in 1997 by consumer advocates Ralph Nader (who is a presidential candidate) and Harvey Rosenfield to train citizens to participate more effectively in California's democracy.

To become an Oak, volunteers must spend 15 hours a month working on civic issues, raise $500 a year and collect 1,000 signatures.