Complaint filed against city of Palm Springs over rental ordinance mailer
The anti-vacation rentals group, Palm Springs Neighbors for Neighborhoods, has filed a complaint against the City of Palm Springs over to a mailer sent out about short-term rentals.
The mailer was sent out to residents this past weekend by the city.
Rob Grimm, campaign manager for the VoteYesOnC group stated, “The postcard was paid for by the taxpayers but presents obviously biased and misleading information on the current ordinance as well as the impact to the City should Measure C pass in June. Measure C would limit short-term rentals (STRs) in residential neighborhoods. We believe the intent of the mailer was clearly to sway residents to vote against the measure.”
PSN4N has filed two complaints with the California Fair Political Practices Commission. The first, sighting that the intent of the mailer was to sway residents to vote against Measure C. The second focuses on a recent video the group says contains endorsements by each of the council members.
The City released a full statement on the complaints:
The City Council is responsible to make sure residents are well informed about ballot measures that impact their lives. Staff has received several resident complaints regarding a City-published informational postcard regarding Measure C entitled “Palm Springs Voter Information,” and mailed to registered voters at City expense. The mailer’s introductory heading contained a neutral summary of the legal decision before residents when they vote on Measure C. The body of the postcard contained (1) a bulleted factual summary of the operation of the City’s current vacation rental ordinance, and (2) bulleted references to several potential impacts of Measure C.
The law prohibits publicly-funded mailers that expressly advocate the passage or defeat of any ballot measure. A City-funded mailer must be a fair presentation of facts serving an informational purpose, and may not be campaign-material. As City Attorney, I reviewed the mailer’s form and content as to compliance with all applicable law. This mailer was completely legal.
The City Council did not receive final information about Measure C impacts, in compliance with the California Elections Code, until April 18, 2018. Established City practice with respect to any
proposed ballot measure is that the City sends voters educational material addressing issues raised. Before sending the mailer on April 26, 2018, City staff required a few days to evaluate potential content and ensure compliance with all applicable law. The City understands and respects the passion expressed by residents with respect to Measure C on both sides. The City’s mailer places data and information about this important matter in the hands of residents to inform their decision, and thereby advance the public welfare.
In November, the FPPC did clear the city of all wrongdoing after a complaint about a similar mailer went out to residents of Palm Springs for Measure D and Measure E.
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