The Sunnyvale Sun

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'Seat' system faces challenge in new city council study

By JASON GOLDMAN-HALL

After two heavily debated, criticized campaigns in three years, the Sunnyvale City Council has voted to study the way campaigns are run in the city, and that could mean drastic reforms to council races, spending limits and contributions.

Campaign reform was first brought to council by council-watcher Werner Gan. It was sponsored as a study item by new Councilman Chris Moylan.

The issue will now be studied by City Attorney David Kahn's office, which will report back to council. No formal actions were taken on the issue of campaign reform at the meeting, but parameters of the study were set.

One of the biggest discussion points is the way Sunnyvale candidates run for specific council seats. Many cities use an "at-large" election style where the pool of candidates runs for the same open seats, so the candidate with the highest number of votes gets the seat.

But in Sunnyvale, candidates run for arbitrarily assigned seats. The seats have no geographic significance, such as San Jose's specific districts. Sunnyvale candidates can, in essence, choose who they will run against.

Sunnyvale resident Peter Cirigliano says that was a problem for some voters because, in some cases, they felt the two candidates they preferred were running against each other. In other races, he said people felt neither candidate was an appealing choice, but the system forced one to be elected.

An at-large election would end this practice; whoever got the most votes would win a seat on the council.

But Melinda Hamilton--who beat vice-mayor Tim Risch in 2003 for Seat 7--said the smaller races are easier for newcomers to unseat incumbents. It is easier for new candidates if they have to run against only one candidate.

But, Cirigliano said, it could make negative campaigning easier.

"In a field of four to seven candidates, it's very difficult to run a negative campaign, because each person would have three to six opponents," he said.

Negative campaigning--such as personal attacks on opponents--has become common in politics at all levels, and while at-large elections wouldn't end it, could reduce it, he said.

"The numbered seat system just provides a fertile ground for it because you only have to focus on one opponent," Cirigliano said.

Moylan said feelings in his own seat race--Seat 2, among Moylan, Pete Richards and Darab Ghaffary--didn't have the same amount of negative campaigning as the other two races, which were both between only two candidates.

"My race was much friendlier and positive when there were three people in the race, but late in the game, when it became clear that one candidate had not raised much money or gotten any endorsements, and it appeared that it was just down to two candidates, it got much less friendly," he said, referring to a campaign mailer against him sent by Darab Ghaffary's supporters that went out less than a week before the Nov. 8 election.

Other concerns were campaign funding and contributions, because in the past two Sunnyvale elections, the council member who raises the most money wins the election.

The median cost of an election in Sunnyvale is just over $30,000. In 2005, then-candidate Tony Spitaleri spent more than $100,000 to beat Tim Risch, who spent $31,222. Other than Spitaleri, the sitting council members all spent between $58,000 and $22,000 on their campaigns.

Sunnyvale does not limit contributions or spending, but does require that any contribution over $100 be declared.

Moylan said spending limits would both keep the playing field level for candidates of all financial backgrounds and also prevent losing candidates from having huge debts to repay when they are done. Moylan said he--like many candidates--is able to use his council stipend and other fundraising to pay back the $47,655.35 he spent.

But Hamilton said that limiting outside funding would actually hurt smaller candidates because there is no limit on how much of their personal wealth a candidate can use, so wealthier individuals would still have an advantage.

Sunnyvale resident Dave Whittum said he doesn't think limits are the answer. Instead, he believes the city should work to make sure all funds are clearly declared so voters know who paid for which candidates.

Cirigliano said there were good arguments on each side of the funding issue, and he wants to see what the study will come up with.

One issue that did not make it into the final study plan was the idea of limiting to what extent sitting council members can endorse candidates. Moylan cited Austin, Texas, ordinances that ban council members from doing so, but Hamilton--who made the motion to approve the study--thought it was a First Amendment violation and would not include it.

In the most recent election, council members were outspoken in support of or opposition to candidates.

Regardless of the outcome, Mayor Ron Swegles said it has been more than 15 years since Sunnyvale has looked at such issues as the city charter and campaigns, and it's time to reassess the matters.

A council-appointed Charter Review Committee--created just before the campaign hearing--will also assist with the efforts and act as an adviser to the council on any charter-related issues, such as the seat-based election system.

Anyone interested in serving on the Charter Review Committee should contact Sunnyvale City Council members. Each member will appoint two people to the committee. For information on councilmembers, visit http://sunnyvale.ca.gov.