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HomeMy WebLinkAboutO-1733 amending Chapter 2.40.040 of the Municipal Code related to Campaign Contribution LimitationsO 1733 ORDINANCE NO. 1733 (2024 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CHAPTER 2.40.040 OF THE MUNICIPAL CODE RELATED TO CAMPAIGN CONTRIBUTION LIMITATIONS WHEREAS, the Council of the City of San Luis Obispo conducted a public meeting in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 6, 2024, for the purpose of considering changes proposed to update the Municipal Code; and WHEREAS, on May 20, 2014, after considering the meeting minutes and recommendations of the City Clerk and City Attorney and public input and testimony, and having considered arguments and authority supporting and opposing modifications to and continuation of the City's campaign regulations, the Council adopted the following findings in support of the regulations adopted herein: A. San Luis Obispo is a small and engaged community wherein residents closely follow and scrutinize elections processes and closely monitor the amounts and sources of campaign contributions to individual candidates for elected office. B. Based on an evaluation of campaign expenditures in comparable cities, the Council finds the direct contribution limits adopted herein are consistent with those in place in comparable jurisdictions and, notwithstanding the existing limitations or lack thereof in comparable jurisdictions, that the limitations adopted herein would permit candidates to solicit and accept contributions far in excess of historical expenditures by candidates in the City of San Luis Obispo and comparable cities. C. The Council has considered and affirms the statement of purpose and intent set forth herein and determines the amended and decreased contribution limits adopted herein further and support the stated purpose and intent. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following section of the San Luis Municipal Code Chapter 2.40 is hereby amended to read as follows: 2.40.040 Contribution limitations. A. Contributions by Persons to Candidates and/or Controlled Committees. No person shall make any contribution to a candidate and/or any controlled committee connected with that candidate, with respect to any single election, which would cause the total amount contributed by such person to the candidate and any controlled committee connected with that candidate, when combined, to exceed two hundred and fifty dollars. DocuSign Envelope ID: FC3DFCC4-05B9-4CF1-8CE0-9C3983BCA7FD Ordinance No. 1733 (2024 Series) Page 2 O 1733 B. Acceptance or Solicitation by Candidates or Controlled Committees. No candidate or controlled committee shall solicit or accept any contribution from any person which would cause the total amount contributed by such person, with respect to any single election, to the candidate and/or any controlled committee connected with that candidate, when combined, to exceed the sum of two hundred and fifty dollars. C. Contributions by Candidates. The provisions of subsections A and B of this section shall not apply to contributions from a candidate or from his or her immediate family to any controlled committee connected with that candidate, nor to the expenditure, by the candidate, of his or her personal funds. For purposes of this section, "immediate family" means a candidate's or elected officeholder's spouse or domestic partner, and/or dependent children. D. Anonymous Contributions. No candidate or controlled committee shall accept anonymous contributions, with respect to any single election, which exceed fifty dollars. Subject to the provisions of state law, in the event a candidate or controlled committee receives an anonymous contribution that would result in a violation of this subsection, the candidate or controlled committee shall promptly pay that sum to the city for deposit into the general fund to be used to defray the costs of municipal elections. SECTION 2. Ordinance Number 1599 (2014 Series) is hereby amended and superseded to the extent inconsistent herewith. DocuSign Envelope ID: FC3DFCC4-05B9-4CF1-8CE0-9C3983BCA7FD Ordinance No. 1733 (2024 Series) Page 3 O 1733 SECTION 3. 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 6th day of February 2024, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 5th day of March 2024, on the following vote: AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and Mayor Stewart NOES: None ABSENT: None ___________________________ Mayor Erica A. Stewart 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 DocuSign Envelope ID: FC3DFCC4-05B9-4CF1-8CE0-9C3983BCA7FD 3/8/2024 | 11:33 AM PST