TO: Board of Directors
FROM: Steven Lederer - Manager, UVWMA
REPORT BY: Steven Lederer - Manager, UVWMA
SUBJECT: Resolution Regarding the Levine Act and Campaign Contributions
RECOMMENDATION
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SUPPLEMENTAL ITEM - RESOLUTION REGARDING THE LEVINE ACT AND CAMPAIGN CONTRIBUTIONS
DISCUSSION AND POSSIBLE ACTION: Adoption of Resolution #25-01, “Accepting, Soliciting, or Directing Campaign Contributions from Franchisees and their Agents.”
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BACKGROUND
The Levine Act applies to local appointed and elected officials and requires recusal from certain decisions if an official accepts certain campaign contributions.
Effective January 1, 2025, Senate Bill 1881 (SB 1181) and Senate Bill 1243 (SB 1243) revise reporting and recusal requirements under the Levine Act. These bills apply to Board members and make the following changes:
1. Increase the campaign contribution threshold amount from $250 to $500;
2. Exempt certain entitlement proceedings from the Levine Act;
3. Change the timeframes for curing a violative contribution;
4. Prohibit agents from making contributions while an application is pending or during the 12 months after a final decision on the application.
In December, the Board received a presentation on the Levine Act, its requirements, definitions and exceptions. See the attached presentation materials. Following the presentation, the Board directed staff to draft a resolution stating that it is the Policy of this Agency for its members to not accept any campaign donations from the Franchisee. Agency Counsel has drafted the attached policy for Board review and approval.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.