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Home My WebLink AboutO-1682 amending Title 2 of the Municipal Code adding to Section 2.40.060 – Electronic Signature and Submission of Campaign Disclosure DocumentsO 1682 ORDINANCE NO. 1682 (2020 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 2 OF THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE ADDING TO SECTION 2.40.060 – ELECTRONIC SIGNATURE AND SUBMISSION OF CAMPAIGN DISCLOSURE DOCUMENTS, AND AMENDING SECTION 2.40.100 (CIVIL ACTIONS) TO PROVIDE FOR ADMINISTRATIVE ENFORCEMENT OF VIOLATIONS WHEREAS, On January 1, 2013, Assembly Bill 2452 went into effect adding section 84615 to the California Government Code, which allows local government agencies to require an elected officer, candidate, committee or other person to file statements, reports, or other documents online or electronically with its local filing officer; and WHEREAS, the City Council expressly finds and determines that the City Clerk’s web - based system contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers; and WHEREAS, the software used by the City Clerk's electronic filing system has been certified by the Secretary of State and meets the requirements set by Government Code Section 84615; and WHEREAS, the City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Purpose. The purpose of this Ordinance is to require online electronic filing of campaign statements and require online reporting of contributions and independent expenditures relating to elections of candidates to City offices and the qualification or passage of local ballot measures within the City as currently required under the Political Reform Act, (commencing with California Government Code Section 84200 et seq.) in order to facilitate review and maximize the availability of this information to the public. SECTION 2. Authority. This Ordinance is adopted pursuant to California Government Code Section 81013, which authorizes local agencies to impose additional requirements on any person so long as the requirements do not prevent the person from complying with the Political Reform Act. Ordinance No. 1682 (2020 Series) Page 2 O 1682 SECTION 3. Application of Ordinance. The provisions of this Ordinance shall only apply to Candidates seeking election to a City office, their Controlled Committees or Committees formed or existing primarily to support or oppose their candidacies, and to Committees formed or existing primarily to support or oppose a Candidate or to support or oppose the qualification, passage or defeat of, a local ballot measure which is being voted on only in the City, and to Local General Purpose Committees active only in the City. In the event a City Candidate also runs for a non-City office, the provisions of this Ordinance do not apply to the Local Candidate’s campaign for such other office, nor to any Committee established solely for the purpose of running for such state, federal, city, special district, or other non-City office. SECTION 4. Section 2.40.060 C (Campaign Statements. Filing.) of Chapter 2.40 (Election Campaign Regulations) is hereby amended to read as follows: C. Filing. Each document required to be filed in this chapter shall be filed with the city clerk, and elsewhere as may be required by the Government Code, in accordance with such deadlines as may be specified by the elections official or otherwise required by applicable law. SECTION 5. Section 2.40.060 E (Electronic Campaign Disclosure) shall be added to Section 2.40.060 (Campaign Statements) of Chapter 2.40 (Election Campaign Regulations) to read as follows: E. Electronic Campaign Disclosure. Each Candidate, Candidate Controlled Committee and Independent Committee that is required to file a semi-annual campaign statement, a pre-election campaign statement, or an amended campaign statement with the City Clerk pursuant to the Political Reform Act, and that receives a total of $2,000 or more in Contributions or makes a total of $2,000 or more in Independent Expenditures, shall file the statement with the City Clerk in an electronic format. 1. In addition to any other report required by this Ordinance, all Persons subject to the requirements of this Section shall file the following reports with the City Clerk in an electronic format: a. A report disclosing a Contribution received by or made to a Candidate or local ballot measure, or an Independent Expenditure made for or against a Candidate or local ballot measure, of $2,000 or more during an Election Cycle. The report shall be filed within twenty-four (24) hours of the Independent Expenditure or receipt of the Contribution. b. A report disclosing a Contribution received by or made to a Candidate or a local ballot measure, or an Independent Expenditure made for or against a Candidate or local ballot measure, of $2,000 or more at any time other than during an Election Cycle. The report shall be filed within ten (10) business days of the Independent Expenditure or receipt of the Contribution. 2. A Candidate or Committee that has filed an electronic statement or report is not required to file a paper copy. Ordinance No. 1682 (2020 Series) Page 3 O 1682 3. Once a Candidate or Committee is subject to the electronic filing requirements imposed by this Ordinance, the Candidate or Committee will remain subject to the electronic filing requirements until the Candidate or Committee files a termination statement pursuant to the Political Reform Act. 4. Any Candidate or Committee not required to file an electronic statement or report by this Section may voluntarily opt to file an electronic statement or report by submitting written notice to the City Clerk’s Office. A Candidate or Committee that opts to file an electronic statement or report is not required to file a paper copy. SECTION 5. Sections 2.40.100 (Civil actions), subsections A and D, of Chapter 2.40 (Election Campaign Regulations) shall be amended to read as follows: 2.40.100 Civil or Administrative actions. A. Any person who intentionally or negligently violates any provision of this chapter relating to campaign contribution limits or disclosures may be liable in a civil acti on brought by the city attorney or by a person residing within the city for an amount not more than three times the amount of the unlawful contribution or expenditure. If, after consultation with the City Clerk and review of the facts surrounding an alleged violation, the City Attorney does not find the alleged violation to warrant the filing of a civil action and/or criminal prosecution, the City Clerk may issue a Notice of Violation and/or Administrative Citation pursuant to Chapter 1.24 of the Municipal Code. D. Any person, before filing a civil action pursuant to this section, shall first file with the city attorney a written request for the city attorney to commence the action or the city clerk to issue a Notice of Violation as provided in Section A. The request shall contain a statement of the grounds for believing a cause of action exists and/or a violation has occurred. The city attorney and/or the city clerk shall respond within ten days after receipt of the request indicating whether he or she intends to file a civil action, notice of violation or administrative citation. If the city attorney or the city clerk indicates in the affirmative and files a suit or serves a notice of violation and/or administrative citation within thirty days thereafter, no other action may be brought, unless any action by the city attorney or city clerk is dismissed without prejudice. SECTION 6. Ordinance Number 1643 (2017 Series) is hereby superseded to the extent inconsistent herewith. Ordinance No. 1682 (2020 Series) Page 4 O 1682 SECTION 7. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 5th day of May 2020, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 2nd day of June 2020, on the following vote: AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon NOES: None ABSENT: None ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ______________________________ Teresa Purrington City Clerk