Fail: 12,668 / 47.82% Yes votes ...... 13,821 / 52.18% No votes

See Also: Index of all Measures

Currently, Article XXII prohibits an official from receiving a "personal advantage" from someone after approving a "public benefit" to that person. Thus, an official cannot receive any campaign contribution, employment, or gift worth over $50 from a person if that official has, within a number of years, voted "yes" on a contract, land transaction, or variance which benefits that person by more than $25,000 in 12 months. Votes conferring franchises worth over $50,000 and payments over $10,000 in 12 months are also covered. Article XXII's prohibitions operate independent of intent; in contrast, bribery laws prohibit giving and accepting things with the intent to unlawfully influence official decisions.

Currently, Article XXII impacts contributions, employment opportunities and gifts from a range of persons dealing with the City. This includes anyone directly benefiting from an official vote and anyone owning a 10% interest in, or serving as a board member of a for-profit or nonprofit corporation which benefits from a vote. Bidders and applicants for "public benefits" must disclose to the City the names of 10% owners and board members. Individual officials must maintain and provide lists of persons classified as beneficiaries of their votes.

The proposed measure would eliminate these restrictions, partially replacing them with new restrictions on remuneration for votes, gifts and using office to gain employment. The proposed measure would not replace the current prohibitions against campaign contributions from those who have benefited from official decisions. Campaign contributions from all persons would continue to be regulated by existing limitations in the Municipal Code.

The proposed measure would prohibit a person from providing, and an official from receiving anything worth $10.00 or more in return for making a decision which benefits the person's economic interests. The measure would also prohibit use of office to influence governmental decisions directly relating to the official's present or prospective employers.

The measure would also establish new restrictions upon officials' receipt of gifts. There would be a $50 limit upon gifts from persons doing business with the City. There would also be limits on gifts from any source of $100 per gift and $250 aggregate per source. Exceptions created by state law would apply to allow classes of gifts unlikely to corrupt, such as gifts from relatives. Thresholds would be automatically adjusted every five years to reflect Consumer Price Index changes.

Overall, the proposed measure would eliminate existing Charter protections against corruption through campaign contributions and replace existing protections against the corruptive influence of gifts and employment opportunities. Adoption of the measure would eliminate the risk of a constitutional challenge to Article XXII based on, for example, its prohibitions against campaign contributions or its distinction between "yes" and "no" votes, either of which may yield economic benefits; adoption would also reduce costs to the City resulting from the requirement of keeping records relating to individual votes.

City of Santa Monica

• November 2006 Municipal Election Information
• Informacion en espanol sobre las elecciones del 7 de Noviembre, 2006

info forthcoming

Campaign for Consumer Rights

Ballot Measure Forum

• Tuesday September 19, 4:30-8:30pm - Santa Monica Main Library; 601 Santa Monica Bl; live "taping for broadcast on Santa Monica City TV

The Argonaut

• Santa Monica 'Good Government Act' approved by City Council for Nov. ballot exempts campaign contributions from law - 8/17/06

• Ballot bursting at the seams - 8/12/06

That's why we're sponsoring a ballot measure to make Santa Monica a nationwide example of good government.

Measure W is a tough, new good-government ordinance, which prohibits:

Use of Public Office for Economic Gain

Any councilmember of city commissioner from making a decision that affects his/her employer.

Gifts from Persons or Companies Doing Business with the City

All councilmembers or city commissioners from accepting gifts exceeding $50 from a person or company doing business with the city. Requires every councilmember or city commissioner to file monthly reports of gifts exceeding $25.

Measure W has broad bi-partisan support.

Your help is needed to ensure that Santa Monica leadership remains beyond reproach.

Please vote Yes on Measure W on November 7th.

Richard Bloom
Santa Monica City Councilmember

Robert T. Holbrook
Mayor, City of Santa Monica

Bobby Shriver
Mayor Pro Tempore

Prop W was placed on the ballot by entrenched Santa Monica politicians to undermine the strong anti-corruption law passed by the voters six years ago.

In November 2000, 59% of Santa Monicans approved the toughest conflict of interest rules in the nation, barring politicians from taking kickbacks from companies that do business with the city.

Prop W is a cynical attempt to deceive you into repealing that law. Vote No on Prop W.

Right now, Santa Monica's Taxpayer Protection Amendment prevents public officials from taking campaign cash, gifts or a job from companies they awarded a special tax break, city contract or another lucrative city benefit. It forces public officials to make decisions in the interests of citizens, not for the special interests of potential contributors.

City council members put Prop W on the ballot to get rid of that law. Prop W would allow politicians to take personal rewards from big companies that benefit from their votes.

Former Attorney General John Van de Kamp said Prop W "showed really utter disdain for campaign finance reform."

Under Prop W:

• Council members could take campaign cash from anyone doing business with the city.
• Council members could go to work for a developer the day after approving its new high-rise project.
• Council members that give a waste hauler a multimillion dollar city contract could take gifts from the corporation before the ink was dry.

Politicians from Washington D.C. to South Gate are headed to prison for using public office for personal gain. Santa Monica should be tightening the screws on corrupt politicians, not relaxing the rules.

That's why good government watchdog groups like California Common Cause oppose Prop W.

Don't let the city council turn back the clock on reform.

Vote No on Prop W.

Harvey Rosenfield
President, Campaign for Consumer Rights

Susanne Griffin
Santa Monica Oaks Project Volunteer

Jamie Court
President, Foundation for Taxpayer and Consumer Rights