HomeMy WebLinkAbout04/03/1991, 3 - REVISED CITY ELECTION CAMPAIGN REGULATIONS MEETING DATE:
city of San Luis oBI$p0 4/3/91
REM NUMBER: n
COUNCIL AGENDA REPORT
FROM: Campaign Regulations Committee
Roger Picquet, Chairman PREPARED BY. P o City Clerk
SUBJ: Revised City Election Campaign Regulations
CAO RECOMMENDATION. Introduce ordinance to print adopting the Election Campaign
Regulations as recommended and repeal existing San Luis Obispo Municipal Code election
provisions in conflict.
BACKGROUND:
The City's Election Campaign Regulations were first adopted in 1974 and have been
amended four times, the last time in June of 1986. Periodic review has been a code
requirement for some time and this report satisfies the code mandate.
In July, 1990, the Council appointed a five-member Campaign Regulations Committee to
review the regulations. The members are: GlennaDeane Dovey, John French, Sally
Punches, Dodie Williams and Chairman Roger Picquet. The committee met five times.
The City Clerk and City Attorney served as support staff.
SIGNIFICANT AMENDMENTS:
The committee's primary goal after determining that the need for local regulations still
existed was to eliminate or reduce redundancy between State and City requirements. This
was particularly necessary to ensure compliance with two state election-related ballot
measures approved by the voters in June, 1988 (Propositions 73 and 68). Proposition 73
has subsequently been declared unconstitutional and, as such, invalidated some earlier
actions recommended by the committee related to contribution limitations.
A secondary issue was whether to retain the $100 contribution limit per contributor
currently set by S.L.O.M.C. This $100 limit has not been raised since the 1974 adoption
of the original provisions. The committee recommends increasing contribution limitations
from $100 to $250, and to retain the $25 disclosure provision for all contributions to
candidate and ballot measure committees. The Committee felt that the amount of the
limitation was not as important as identifying who the contributor was. The provision
requires disclosure of the name of the contributor and the dollar amount of any
contribution of$25 or more. Also, Independent Expenditure Committees (committees who
make expenditures only, i.e., purchase of a newspaper ad) have reporting requirements
when expenditures reach $100 or more (State law).
The committee further recommends increasing the amount a candidate may receive seven
days prior to the election from $10 to $25 per contribution. Under State and Federal court
rulings interpreting various Constitutional issues, the candidate and his/her family, have no
contribution limit. This would provide consistency with the $25 disclosure limitation and I
is intended to address, in part, inflation since 1974,when the $10 limitation was established.
d '/
Due to the fact that there is no limitation on the amount that a ballot measure committee
may collect during the seven day period before the election, a provision has been added to
conform with State election law that during the 16-day period prior to an election, such
committees must report to the City, within 24 hours, any contributions received or made
of $250 dollars or more. (State law sets this threshold at $1,000.)
The Enforcement and Penalty Provisions in Sections 2.40.090 and 2.40.120 have been
revised to reflect simplified language based on the State's Model Campaign Ordinance for
Local Jurisdictions.
Additional amendments are recommended to comply with State mandated provisions,
specifically:
A) 2.40.030D.2 and 2.40.0301, Definition of Independent Expenditures;
B) 2.40.050D.2 and 2.40.050D3, Aggregation of Contributions;
C) 2.40.060, Establishment of Election Accounts.
In addition to the ordinance, a legislative draft is attached identifying recommended
changes. As a separate administrative matter and not requiring direct Council approval,
the standard election forms will be amended to reflect these changes when approved.
Attachments:
Ordinance
Legislative Draft
Minutes from Campaign Regulations Committee Meetings
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ORDINANCE NO. (1991 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ELECTION REGULATIONS OF THE
MUNICIPAL CODE CHAPTER 2.40
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 2.40,Election Campaign Regulations,are revised as per
attached Exhibit A
SECTION 2. A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published at least five (5) days prior to its final
passage in the Telegram-Tribune, a newspaper published and circulated in said city, and
the same shall go into effect at the expiration of thirty (30) days after its said final passage.
A copy of the full text of this ordinance shall be on file in the Office of the City Clerk and
after the date following introduction and passage to print and shall be available to any
interested member of the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the 3rd day of April, 1991, on motion of
seconded by , and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Ron Dunin, Mayor
ATTEST:
Pam Voges, City Clerk
Ordinance No. (1991 Series)
Page 2
APPROVED:
ty Ad strative Officer
City Attorney , / 11y�'YW✓, '
Uf
City Cle
EXHIBIT "A"
Chapter 2.40
ELECTION CAMPAIGN REGULATIONS
Sections:
2.40.010 Title.
2.40.020 Purpose and intent.
2.40.030 Definitions.
2.40.040 Campaign treasurer --
Appointment required --
Compliance with provisions
required.
2.40.050 Contributions.
2.40.060 Election campaign accounts.
2.40.070 Campaign statements.
2.40.080 City Clerk's duties.
2.40.090 Criminal Misdemeanor Actions.
2.40.100 Civil Actions.
2.40.110 Injunctive Relief.
2.40.120 Cost of Litigation.
2.40.130 Disqualification.
2.40.140 Construction of Provisions.
2.40.150 Council study committee.
2.40.160 Expiration of provisions.
2.40.010 Title:
This chapter may be cited as the Election Campaign Regulations of the city. (Ord.
1067 Section 1 Ex. A (part), 1986: prior code Sec. 2800)
2.40.020 Purpose and Intent.
A. It is the purpose and-intent of-this chapter:
1. To require public disclosure of campaign contributions and expenditures
including but not limited to those made in support of or in opposition to candidates
or measures in municipal elections;
2. To place realistic and enforceable limits on the amounts persons may
contribute in municipal election campaigns;
3. To promote integrity, honesty and fairness in municipal election
campaigns;
4. To insure that funds contributed to a campaign committee are used solely
for campaign purposes;
5. To insure a level of discussion of public issues adequate for a viable
campaign by providing voters with the information necessary to make an assessment
of each candidate or measure before voting; and
6. To provide full and fair enforcement of all the provisions of this chapter.
B. By enacting this chapter, the council does not intend to deprive or restrict any
citizen of the exercise of rights guaranteed under the United States Constitution and the
California Constitution. (Ord. 1067 Section 1 Ex. A (part), 1986: prior code Sec. 2801)
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2.40.030 Definitions.
The following words or phrases shall have the meanings as indicated in this section
when used in this chapter.
A "Campaign statement" means a report, made on a form prescribed and
supplied by the City Clerk, which provides the information required by this chapter of
candidates and committees. Each campaign disclosure statement shall reflect all
contributions received and expenditures made through the closing date specified in Section
2.40.070.
B. "Campaign treasurer"means the duly appointed representative responsible for
financial accounting and reporting as required by this chapter. There shall be only one
campaign treasurer at a time for each campaign committee.
C. "Candidate" means any individual listed on the ballot for election to or recall
from any city office, or who has otherwise taken action to seek such election to city office.
D. "Committee" means any person or combination of persons which directly or
indirectly receives contributions or makes expenditures or contributions for the purpose
of expressly advocating the election or defeat of a clearly identified candidate or for
supporting or opposing the passage of any measure. Committees shall be in one of two
categories:
1. Receives contributions totaling $250 or more in a calendar year
(commonly referred to as a 'Recipient Committee") or;
2. Makes independent expenditures totaling $250 or more in a calendar
year which are not made to or at the behest of a candidate or committee (commonly
referred to as an "Independent Expenditure Committee").
E. "Contribution" means a payment, loan, forgiveness of a loan, a payment of
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a loan by a third party, or an enforceable promise to make a payment except to the extent
that full and adequate consideration is received, unless it is clear from the surrounding
circumstances that it is not made for campaign purposes. An expenditure made at the
behest of a candidate or committee is a contribution to the candidate or committee, unless
full and adequate consideration is received for making the expenditure.
The term "contribution" includes money or property contributed'by the
candidate, as well as discounts or rebates granted by television and radio stations and
newspapers which are extended on an equal basis to all candidates for the same office.
The term "contribution" includes the purchase of ticket(s) for events such as
dinners, luncheons, rallies and similar fundraising events. Contribution reporting
requirements shall apply when the total accumulative ticket purchases by any one person
exceed the limitations set forth in subsection C 3 of Section 2.40.050.
The term "contribution" includes non-monetary contributions such as art
objects, furniture, and similar items and also includes the receipt of anything of value
transferred from one committee to another.
The term "contribution" does not include amounts received pursuant to an
enforceable promise to the extent such amounts have been previously reported as a
contribution. However, the fact that such amounts have been received shall be indicated
in the appropriate campaign statement.
The term "contribution" includes the payment of compensation by any person
for the personal services or expenses of any other person if such services are rendered or
expenses incurred on behalf of a candidate or committee without payment of full and
adequate consideration by the candidate or committee.
The term "contribution" does not include a payment made by an occupant of
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a home or office for costs related to any meeting or fundraising event held in the occupant's
home or office if the costs for the meeting or fundraising event are $500 or less.
Notwithstanding the definition of"contribution" as set out in this subsection,
the term does not include volunteer personal services or payments made by any individual
for personal travel expenses, if such payments are * made voluntarily without any
understanding or agreement that they shall be, directly or indirectly, repaid to the person.
F. "Election" means any general, special or recall municipal election of the City
of San Luis Obispo.
G. "Expenditure" means a payment, forgiveness of a loan, payment of a loan by
a third party, or an enforceable promise to make payment, unless it is clear from the
surrounding circumstances that it is not made for political purposes. An expenditure is
made on the date the payment is made or on the date consideration, if any, is received,
whichever is earlier.
H. "Immediate family" means the spouse, brother(s) and sister(s) of the candidate,
and the parents, grandparents, children and grandchildren of the candidate or the
candidate's spouse.
I. "Independent expenditure" means an expenditure made by any person in
connection with a communication which expressly advocates the election or defeat of a
clearly identified candidate or the qualification, passage, or defeat of a clearly identified
measure or taken as a whole and in context, unambiguously urges a particular result in an
election but which is not made to or at the behest of the affected candidate or committee.
(Government Code Section 82031.)
J. "Measure" means any charter amendment or other proposition which is
submitted to a popular vote at any municipal election by the City Council, or which is
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submitted or is intended to be submitted to a popular vote at a municipal election by
initiative, referendum or recall procedure whether or not it qualifies for the ballot.
K 'Person" means an individual, proprietorship, firm, partnership,joint venture,
syndicate, business trust, company, corporation, association, committee and any other
organization or group of persons acting in concert. (Ord. 1067 Section I Ex. A (part), 1986:
prior code Section 2802)
2.40.040 Campaign treasurer--Appointment required--Compliance with provisions
required.
A. Each candidate and/or each committee shall appoint a campaign treasurer.
A candidate may serve as the campaign treasurer for his/her campaign or for his/her
controlled committee.
B. Each campaign treasurer shall be responsible for complying with the
requirements of Title 9 of the California Government Code in addition to complying with
the provisions of this chapter. (Ord. 1067 Section 1 Ex. A (part), 1986: prior code Section
2803)
2.40.050 Contributions.
A. Transmittal to Campaign Treasurer. All persons who receive contributions
on behalf of a candidate or committee shall transmit the contributions in full to the
campaign treasurer promptly, together with a list showing the name and address of each
contributor and the amount of the contribution, subject to the exceptions provided in this
section.
B. Refusal to Accept. A candidate or a campaign treasurer shall have full
authority to refuse and to return any contribution offered, provided the contribution is
returned within 14 days of receipt and prior to deposit in the election campaign account.
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C. Prohibitions.
1. No person other than a candidate or the candidate's immediate family
members, shall make, and no campaign treasurer shall solicit or accept any
contributions which such person or campaign treasurer knows will cause the total
contribution by a person on behalf of a candidate, or committee supporting or
opposing the election of a candidate, to exceed $250 in any one election.
2. The above contribution limitations do not apply to committees formed
primarily to support or oppose the qualification or passage of a ballot measure.
Ballot measure committees may not make contributions to candidates or committees
that make contributions to candidates.
3. No person shall make a contribution for any other person under an
assumed name or under the name of any other person.
4. No candidate nor any committee shall retain any amount of twenty-
five dollars or more from one person or source without obtaining the name and
address of that contributor. Any anonymous contribution of $25 or more shall be
forwarded to the City Clerk and deposited in the City's treasury.
5. For the purposes of this section, a contribution shall be deemed
received at the time of actual receipt by the campaign treasurer.
6. No candidate or controlled committee shall make or accept any
contribution of $25 or more after five p.m., Monday, seven days preceding the day
of election, except that a candidate and/or a candidate's immediate family shall be
permitted to make additional contributions to the candidate or to the candidate's
controlled committee.
7. Any contribution of two-hundred and fifty dollars or more from a
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single source which is made to or received by a committee primarily formed to
support or oppose a ballot measure during the 16 days immediately preceding the
election at which the measure is being voted upon, must be reported to the City
Clerk within 24 hours of the time it is received or contributed. Late contribution
reports must be filed by telegram, mailgram, guaranteed overnight delivery service,
or personal delivery (not by regular mail).
8. No person shall deduct or withhold any amount or percentage from any
contribution. Any compensation provided to any person for solicitation, collection
or other service shall be treated as an election expenditure item.
D. Aggregation of Contributions.
1. For the purposes of this section, contributions received from a husband
and wife shall be treated as if received one-half from each unless otherwise
designated by the contributor (Ord. 1067 Section 1 Ex. A (part), 1986: prior code
Section 2804)
2. Contributions made by two or more entities must be.combined if the
same person, or a majority of the same person, directs or controls the contributions.
3. Contributions made by business entities in a parent-subsidiary
relationship and business entities with the same controlling owner (more than 50%)
must be combined unless the business entities act completely independently in their
decisions to make contributions. A parent-subsidiary relationship exists when one
business entity owns more than 50% of another business entity.
2.40.060 Election campaign accounts.
A. Candidate Intention Statement and the Campaign Bank Account.
1. Candidate Intention Statement. Any individual who intends to be a
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candidate for a city elective office must file a statement of intention to run for office
prior to soliciting or receiving any contribution or loan. Form 501 (Candidate
Intention) is used to comply with this requirement, and is filed with the Fair Political
Practices Commission. A copy shall be filed with the City Clerk.
2. Candidate Campaign Bank Account. In addition to filing the
Candidate Intention Statement, an individual who plans to run for a city elective
office must set up a campaign bank account at a financial institution located in San
Luis Obispo. Within ten days of opening the account, the candidate must file Form
502 (Campaign Bank Account)with the Fair Political Practices Commission. A copy
shall be filed with the City Clerk.
B. Statement of Organization. For each campaign bank account into which
contributions totalling $1,000 are received (including the candidate's personal funds) or
within ten days of receiving contributions of $1,000 or more, a recipient committee
Statement of Organization (Form 410) must be filed with the State. A copy shall be filed
with the City Clerk. If a Recipient Committee qualifies during the 16 days prior to an
election, it must file, by telegram or personal delivery within 24 hours of qualifying as a
committee, the information required to be reported in the Statement of Organization. This
form shall be filed wtih the City Clerk.
C. Deposit of contributions. All campaign contributions accepted by a campaign
treasurer shall be deposited into the election campaign account by the campaign treasurer
or authorized agent.
D. Expenditures. Campaign expenditures shall be made only by checks drawn
against the election campaign account by the campaign treasurer or authorized agent,except
that a candidate or committee may establish one petty cash account.
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1. No more than $100 may be in the petty cash fund at any one time and
no expenditure totaling $25 or more may be made from a petty cash account. The
petty cash account may be used only for expenses associated with the candidate's
election to the specific office for which the petty cash fund was established.
2. Petty cash or funds in the election campaign account shall not be
considered for any purpose to be personal funds of a candidate, campaign treasurer
or any other person.
D. Access to Records by City Clerk. The City Clerk shall have full access to at
all reasonable hours to the bank's records concerning all election campaign accounts.
E. Disbursement of Unexpended Campaign Funds. If,following the election, the
final campaign statement for any committee discloses an unexpended campaign surplus, the
campaign treasurer shall disburse the whole of the surplus to the city and/or a nonprofit
charitable (qualified for federal income tax exemption) organization of the campaign
treasurer's choice. This shall be done no later than the state's third campaign disclosure
statement deadline.
F. Closing of Account. Following the election and no later than the state's third
campaign disclosure statement deadline, the campaign treasurer shall close the election
campaign account and shall file a Statement of Termination (City Form 101 or 102) is
filed with the City Clerk. State Form 415 is required if the total campaign account totaled
$1,000 or more) and is filed with the Secretary of State (a copy shall be filed with the City
Clerk) verifying the closure and listing of donees of all disbursements authorized by
subsection E of this section, and the dollar amounts given to each donee.
G. Retention of Records. The campaign treasurer shall retain all campaign
statements and all other records required by this chapter for a period of four years after
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the election. (Ord. 1067 Section 1 Ex. A (part), 2.40.070F, 1986: prior code Section 2805)
2.40.070 Campaign statements.
A. Required Filing Schedule. Every campaign treasurer, upon receiving or
expending $25 or more shall file with the City Clerk campaign disclosure statements
according to the following schedule:
1. State campaign disclosure statements shall be filed as required by the
provisions of Title 9 of the California Government Code.
2. A city campaign statement (Form 101 or 102) shall be filed no later
than 12:00 noon, Tuesday, preceding the day of the election. The closing date of this
statement shall be five p.m., Monday, seven days before the election.
B. Contents.
1. Each state campaign statement filed shall contain the information
required under the provisions of Title 9 of the California Government Code.
2. The city campaign statement (Form 101 or 102) shall consist of:
a. The name, address and amount of the contribution for each
person who contributes $25 dollars or more.
b. The total amount received from all persons who each contribute
less than $25.
C. The name and address of each person expending $25 or more
if qualifying as an Independent Expenditure Committee.
d. The total expenditures made by each committee.
C. Filing. Each document required to be filed in this chapter shall be filed with
the City Clerk during business hours, and elsewhere as may be required by Title 9 of the
California Government Code.
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D. Filing fees, if any, shall be established by Council resolution.
E. Publication. On the Saturday preceding the election, the City Clerk shall
publish in a newspaper of general circulation within the city the following information for
each committee:
1. Total receipts;
2. Total expenditures;
3. Contributions: the name of each person contributing $25 or more with
the amount contributed;
4. The name of each person(s) expending $25 or more if filing as an
independent expenditure committee;
5. In the event a candidate and/or committee fails to comply with the
campaign statement requirements pursuant to Section 2.40.070, a statement that the
candidate and/or committee has failed to comply by the required deadline.
2.40.080 City Clerk duties.
A Duties. In addition to any other duties required of the City Clerk under this
chapter, the City Clerk shall:
1. Prescribe and furnish, without charge, appropriate forms for all
campaign statements, documents and reports required to be filed by this
chapter;
2. Determine whether required statements and declarations have been
filed and, if so, whether they conform on their face with the requirements of
this chapter;
3. Notify promptly all persons who have failed to file a statement in the
form and at the time required by this chapter;
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4. Report, in writing, apparent violations of this chapter to the City
Attorney;
5. Compile and maintain a current list of all filed statements pertaining
to each reporting committee;
6. Permit a candidate to file a 400 word statement of qualifications and
a brief description of his/her stand on local issues at a date to be established by the
City Clerk.
Such statement shall be on a form provided by the City Clerk in
accordance with any other provision as set forth by Elections Code Section 10012 et
seq.
7. Place a timely advertisement(s) in a newspaper of general circulation
advising the public that a person(s) supporting or opposing a candidate(s) or a
measure through newspaper or other advertisements may be subject to city reporting
requirements.
B. Obtain Additional Help or Services. The City Clerk is authorized and
directed to hire part-time help, contract for services, and purchase supplies as the City Clerk
deems necessary to carry out the additional duties imposed on the City Clerk's Office by
this chapter. Within ninety days after each election, the City Clerk shall provide the council
with a detailed report of the total direct and indirect labor, materials and other costs
incurred by the City Clerk's Office in performing such additional duties (Ord. 1067 Section
1 Ex. A (part), 1986; prior code Section 2807)
2.40.090 Criminal Misdemeanor Actions.
Any person who violates any provision of this Chapter is guilty of a misdemeanor.
Any person who causes any other person to violate any provision of this Chapter, or who
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aids and abets any other person in the violation of any provision of this Chapter, shall be
liable under the provisions of this Section.
2.40.100 Civil Actions.
A. Any person who intentionally or negligently violates any provision of this Chapter
shall be liable in a civil action brought by the City Attorney or by a person residing within
the city for an amount nor more than three times the amount of the unlawful contribution
or expenditure.
B. If two or more persons are responsible for any violation, they shall be jointly
and severally liable.
C. 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.
The request shall contain a statement of the grounds for believing a cause of action exists.
The City Attorney shall respond within forty (40) days after receipt of the request indicating
whether he or she intends to file a civil action. If the City Attorney indicates in the
affirmative and files a suit within forty (40) days thereafter, no other action may be brought
unless the action brought by the City Attorney is dismissed without prejudice.
D. In determining the amount of liability, the court may take into account the
seriousness of the violation and the degree of culpability of the defendant. If a judgment
is entered against the defendant or defendants in an action, the plaintiff shall receive fifty
percent of the amount recovered. The remaining fifty percent shall be deposited into the
city treasury. In an action brought by the City Attorney, the entire amount shall be paid
to the city treasury.
F. No civil action alleging a violation of any provision of this Chapter shall be
filed more than four (4) years after the date the violation occurred.
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2.40.110 Injunctive Relief.
Any person residing in the city, including the City Attorney, may sue for injunctive
relief to enjoin violations or to compel compliance with the provisions of this Chapter.
2.40.120 Cost of Litigation.
The court may award to a plaintiff or defendant who prevails in any action
authorized by this Chapter, his or her costs of litigation, including reasonable attorneys'
fees, provided however, no costs of litigation or attorneys' fees shall be awarded against the
city.
2.40.130 Disqualification.
In addition to any other penalties prescribed by law, if an official receives a
contribution in violation of this Chapter 2.40, the official shall not be permitted to make,
participate in malting or in any way attempt to use his or her official position to influence
a governmental decision in which the contributor has a financial interest. The provisions
of Government Code Sections 87100 et seq. and the regulations of the Fair Political
Practices Commission shall apply to interpretations of this Section. (Ord. 1067 Section 1
Ex. A (part), 1986; prior code Section 2809)
2.40.140 Construction of provisions.
A. This chapter shall be in addition to all other city and state laws applicable to
municipal elections. Unless the contrary is stated or clearly appears from the context, the
definitions and terms set forth in Title 9 of the California Government Code shall govern
the interpretations of terms used in this chapter. This chapter shall be construed liberally
in order to effectuate its purposes.
B. If any provision of this chapter, or the application thereof to any person or
circumstance, is held invalid, the validity of the remainder of the chapter and the
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applicability of such provision to other persons and circumstances shall not be affected
thereby. (Ord. 1067 Section 1 Ex. A (part), 1986; prior code Section 2810)
2.40.150 Council study committee.
Appointment. At least nine months prior to the expiration of this chapter, the
council shall appoint a committee of at least five citizens to study the efficacy of this
chapter. The committee shall complete its deliberations and report its findings to the City
Council on or before January 31, 1995. (Ord. 1067 Section 1 Ex. A (part), 1986; prior code
Section 2811)
2.40.160 Expiration of provisions.
Unless readopted, this chapter shall expire on June 30, 1995. (Ord. 1067 Section
1 Ex. A (part), 1986; prior code Section 2812)
16
Chapter 2.40
ELECTION CAMPAIGN REGULATIONS
Sections:
2.40.010 Title.
2.40.020 Purpose and intent.
2.40.030 Definitions.
2.40.040 Campaign treasurer —
Appointment required --
Compliance with provisions
required.
2.40.050 Contributions.
2.40.060 Election campaign accounts.
2.40.070 Campaign statements.
2.40.080 City Clerk's duties.
2.40.096 Enfamement of
NO ..........
2.40.160 Violation Pen H,
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Construction of Provisions.
Council study committee.
Expiration of provisions.
LEGISLATIVE DRAFT NO. 5
2.40.010 Title:
This chapter may be cited as the Election Campaign Regulations of the city. (Ord.
1067 Section 1 Ex. A (part), 1986: prior code Sec. 2800)
2.40.020 Purpose and Intent.
A. It is the purpose and intent of this chapter:
1. To require public disclosure of campaign contributions and expenditures
including but not limited to those made in support of or in opposition to candidates
or measures in municipal elections;
2. To place realistic and enforceable limits on the amounts persons may
contribute in municipal election campaigns;
3. To promote integrity, honesty and fairness in municipal election
campaigns;
4. To insure that funds contributed to a campaign committee are used solely
for campaign purposes;
5. To insure a level of discussion of public issues adequate for a viable
campaign by providing voters with the information necessary to make an assessment
of each candidate or measure before voting; and
6. To provide full and fair enforcement of all the provisions of this chapter.
B. By enacting this chapter, the council does not intend to deprive or restrict any
citizen of the exercise of rights guaranteed under the United States Constitution and the
California Constitution. (Ord. 1067 Section 1 Ex. A (part), 1986: prior code Sec. 2801)
2.40.030 Definitions.
The following words or phrases shall have the meanings as indicated in this section when
used in this chapter:
2
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A "Campaign statement" means a report, made on a form prescribed and
supplied by the City Clerk, which provides the information required f % <€ e > of
candidates and committees by dris-chapter Each campaign rrl s e statement shall
reflect all contributions received and expenditures made through the closing date specified
in Section 2.40.070.
B. "Campaign treasurer"means the duly appointed representative responsible for
financial accounting and reporting as required by this chapter. There shall be only one
campaign treasurer at a time for each campaign committee.
C. "Candidate" means any individual listed on the ballot for election to or recall
from any city office, or who has otherwise taken action to seek such election to city office.
D. "Committee" means any person or combination of persons who voce directly
or indirectly receives contributions or makes expenditures or contributions for the purpose
of expressly advocating the election or defeat of a clearly identified candidate or for
supporting or opposing the passage of any measure. Committees shall be in one of two
categories:
candidate.
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E. "Contribution" means a payment, a loan, a forgiveness of a loan, a payment
of a loan by a third party, or an enforceable promise to make a payment except to the
extent that full and adequate consideration is received, unless it is clear from the
surrounding circumstances that it is not made for campaign purposes. An expenditure made
at the behest of a candidate or committee is a contribution to the candidate or committee,
unless full and adequate consideration is received for making the expenditure.
The term "contribution" includes money or property contributed by the
candidate, as well as discounts or rebates granted by television and radio stations and
newspapers :not extended on an equal basis to all candidates for the same office.
The term "contribution" also includes the purchase of a ticket..$ for events
such as dinners, luncheons, rallies and similar fundraising events. Contribution reporting
requirements shall apply when the total accumulative ticket purchases by any one person
exceeds the limitations set forth in subsection C 3 of Section 2.40.050.
The term "contribution"
I:..}}.. ,LM.\!.'yn.'..Niif%?,v.y:..n:nx:.}•..w.:m:f.K.'F.....:':v: r:...:.f.^'?:h.:C':
received by a committee from=ofliejr
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t)
The term "contribution" does not include amounts received pursuant to an
enforceable promise to the extent such amounts have been previously reported as a
contribution. i owever, the fact that such amounts have been received shall be indicated
in the appropriate campaign statement.
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....... .......i. .a....SIdsm .: . e:.:.:.C..:i...:•.i..S.,.�.:i.:.t.!..t!..C.:c..S.i...S.i..}.:..n...}..t.....v:.,C..in`}.:^:�..i.i!:.;.Y::.
.S.f.
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y;m et 0 i.. sr.. occ pa i s
.iS::._.ntt!.i}:4:-.i:.:...iS�^f.�:Nii:'i"':•iSY•_._:.,..:..
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.......................... ........i .. ..:................ ::::•.}::..�.::R;:::tN'S:ist:i:S..:R?:i::i:+:`::i:ii::i:;i?..'iS'4 >.;l(lf�:?}
o is : :c s3s>€sem:> r auc Cdr <'. p. :Lsss«
Notwithstanding the definition of"contribution.": as set out in this subsection,
the term does not include volunteer personal services or payments made by any individual
for personal travel expenses, if such payments are made voluntarily without any
understanding or agreement that they shall be, directly or indirectly, repaid to the person.
U1 the pay Luent of corripensation by any pez son fot the pe.,sormi se,vices or expemes ofM
F. "Election" means any general, or special .0.5 municipal election of the
City of San Luis Obispo.
G. "Expenditure" means a payment, a forgiveness of a loan, a payment of a loan
by a third party, or an enforceable promise to make payment, unless it is clear from the
surrounding circumstances that it is not made for political purposes. An expenditure is
made on the date the payment is made or on the date consideration, if any, is received,
whichever is earlier.
H. "Immediate family" means the spouse, brother(s) and sister(s) of the candidate,
and the parents, grandparents, children and grandchildren of the candidate or the
candidate's spouse.
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SPe......... n ...�..................:. :an:»�tld:t .;;M. diX.. �>Nat�Y`°� �s
�.,.»..,.,.. ..:ci:rn,i:.:!.i:..:.>:t•:e•,a!fm:!twc:fmm::;p:.;:ft_w'. :iwyi }::::::i:tt::v.:.i::p:^:.;.:.t: 'f''acr.;^:x.:.:cii:c:.i:oaiz:,:.i'Own tuea�.w�::=vrr.. � :e >:�d�c�s>iie>+�� trn� +a�:� e��at` f<a
.: nv 50%40454
'nrn�nr.v..' 9S:ntt f:.w.v;v..;r }.W
'.:J:v:.nv,}tiri'n.'i:"'S>S.:n: 4:J:'.SS}•4 .4:..: :Cp:..
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W.
IAT
"Measure" means any charter amendment or other proposition which is
submitted to a popular vote at any municipal election by the C-.*".....,,.Council, or which is
submitted or is intended to be submitted to a popular vote at a municipal election by
initiative, referendum or recall procedure whether or not it qualifies for the ballot.
in "Person" means an individual, proprietorship, fu-m, partnership,joint venture,
syndicate, business trust, company, corporation, association, committee and any other
organization or group of persons acting in concert. (Ord. 1067 Section I Ex. A (part), 1986:
prior code Section 2802)
2.40.040 Campaign treasurer--Appointment required--Compliance with provisions
required.
A. Each candidate and/or each committee shall appoint a campaign treasurer.
A candidate may serve as the campaign treasurer for his/her campaign or for his/her
controlled committee.
B. Each campaign treasurer shall be responsible for complying with the
requirements of Title 9 of the California Government Code in addition to complying with
the provisions of this chapter. (Ord. 1067 Section 1 Ex. A (part), 1986: prior code Section
2803)
2.40.050 Contributions.
A. Transmittal to Campaign Treasurer. All persons who receive contributions
on behalf of a candidate or committee shall transmit the contributions in full to the
campaign treasurer promptly, together with a list showing the name and address of each
6
contributor and the amount of the contribution, subject to the exceptions provided in this
section.
B. Refusal to Accept. A candidate or a campaign treasurer shall have full
authority to refuse and to return any contribution offered, prt ik #�; t�js� `i�
Op.09
been aecepted and deposited-in the election campaign account.
to all Flovisiam of this chapter.
C. Prohibitions.
1. No person other than a candidate and & the candidate's immediate
family shall make, and no campaign treasurer shall solicit or accept any
contributions which such person or campaign treasurer knows will cause the total
contribution by such person on behalf of a candidate, or independent committee
supporting or opposing the election of a candidate, to exceed9A
+�ctra
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't .0 .d , :rc ::xcxsxraxttmte�vs. xlli :vppi , .;n
.}.4,.,,}:q:...}}i:!.i}i}�.>':
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X.
aff :: 1#CS +�''L3IYItTLttS=:PYA ;'•lxl :::: : ':.; :. <:.::;: :: ::,;..;.:,.,::,,... . .:: .
n....... .ak. ..:... . .. ... !..: mue+ m" o�nstn carat nxona�attees
a■
. No person shall make a contribution for any other person under an
assumed name or under the name of any other person.
7
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deposited to the city's tieasary.
421
se:
:..i..........
4. Except as FLovided in subsection e 3 of this sectiOLI; LIO FeLSOLI ah2ffi
knowingly accept my corttzibution in e=ss of $25 OL MOIe Withutrt
obtaining the Liame =d adchess of the Feirsort making the couttibutio"
41-S. For the purposes of this section, a contribution shall be deemed
received at the time of actual receipt by the campaign treasurer.
56. No peLSOLL&��::.......... shall all make or accept any
contribution in excess of ten doHars $25 6Aj,'.4.' after five p.m., Tuesday, sSj
Offi,
t..0
seven days preceding the day of election, except that a candidate and/or a
candidate's immediate family shall be permitted to make additional contributions
to the candidate or to the candidate's controlled committee.
ME lid
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�7 No person shall deduct or withhold any amount or percentage from any
contribution. Any compensation provided to any person for solicitation, collection
8
or other service. shall be treated as an election expenditure item.
IL For the purposes of this section,contributions received from a husband
and wife shall be treated as if received one-half from each unless otherwise
designated by the contributor (Ord. 1067 Section 1 Ex. A (part), 1986: prior code
Section 2804)
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lis :...�». ...:..:..........:....:... . ... . . ....: rtes ac cid+x#plet�ty, epenc'l��.rtlr�n their
M,
2.40.060
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�11
2.40.060 Election campaign accounts.
that receives or expends maze than two haudzed doiiazs shaff uljeL a checking account at
any bank within the city. The accoant shaH be ideutifivd as the election cmmpaign accotint.
IA
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Deposit of contributions. All campaign contributions accepted by a campaign
treasurer shall be deposited into the election campaign account by the campaign treasurer
or authorized agent.
Re Expenditures. Campaign expenditures shall be made only by checks drawn
• x:Y:Wrv.:
against the election campaign account by the campaign treasurer or authorized agent-`4 }
ii;nu.;.i}:4•mxv:.iw.:4i::A'F..::
i1a 'a to ttutt+e yys � tiri " :
the eiectio . . Oeotmt except LFUL campaign expenses, provided; that the
ccount to t1awfer to a petty cash ftmd which is rLot to exceed -Lik
JVMAY-
10
,3-3 a
}:,,.; , x;n};.Yn rxx^W.len;,: :. v.{.:i.Yay.:mv.. .nb:ui.Y.in:i.:i:fi:':G.}}}:.i}iiyglp}•nn.i••.y{O:{.:
in< x apt.. mai m I
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2. W' 'qtr funds in the election campaign account shall not be
considered for any purpose to be personal funds of a candidate, campaign treasurer
or any other person.
D. Access to Records by City Clerk. The City Clerk shall have full access to at
all reasonable hours to the bank's records concerning all election campaign accounts.
E. Disbursement of Unexpended Campaign Funds. If,following the election,the
final campaign statement for any committee discloses an unexpended campaign surplus, the
campaign treasurer shall disburse the whole of the surplus to the city and/or A nonprofit
.< ��:. 'F l3�`::y:,e a •"i.'iii}Up}}:'{::>.i%��-�Y:i.'J/.{ny}::v:n:,.::..w{.vn..Y,:......,
.:.:....:..:....:.::::.:...w:..�' hl+�axz� c ;ap organization of the campaign
treasurer's choice. This shall be done no later than the state's third campaign disclosure
statement deadline.
F. Closing of Account. Following the election and no later than the state's third
campaign disclosure statement deadline, the campaign treasurer shall close the election
campaign account and shall file a statement
P l�
..^...?kms........... `.................i ...:..� y.^.:c!T' �?
1 ise. with the City Clerk. St� a1 ;x xeut�r :x'l ;} Elf campatgty arta
: ::;:f. ag
e ,< verifying the closure and listing of donees of all disbursements authorized
by subsection E of this section, and the dollar amounts given to each donee.
G. Retention of Records. The campaign treasurer shall retain all campaign
4:4:}T:''+.::iAi)4:4::.'::::::} ^%:>%'+i:.::V:i::i::}::"iv.4}1
S 'z records ;; ;:n..;.' " ;; . for period of four ears after
by.t'..........P P Y
11
. 3-31
the election. (Ord. 1067 Section 1 Ex. A (part), , 1986: prior code Section 2805)
2.40.070 Campaign statements.
A. Required Filing Schedule. Every campaign treasurer, upon receiving or
expending one firradred JoHmsshall file with the City Clerk campaign
OW15W statements according to the following schedule:
1. State campaign "retie statements shall be filed as required by the
provisions of Title 9 of the California Government Code.
2. A city campaign statement:> xw shall be filed no later
than 12:00 noon, cdnzsdaq' 'tt ,preceding the day of the election. The closing
date of this statement shall be five p.m., may, t+IdY seven days before the
election.
B. Contents.
1. Each state campaign statement filed shall contain the information
required under the provisions of Title 9 of the California Government Code.
2. The city campaign statement (3 <t3 ` shall consist of:
a. The name, address and amount of the contribution for each
: (� w
or
b. The total amount received from persons contiLibuting W-ji
`et"t c3 $25r-or less ;E
COMM
C. Filing. Each document required to be filed in this chapter shall be filed with
the City Clerk during business hours, and elsewhere as may be required by Title 9 of the
12
3-3OL
California Government Code.
D. No Fee fo, Fifing. No fee ox chuge shaH be imposed for the fTHLLS of any
doctirrient xecittired to be filed trudei this chapter
;: ,,.•�7�t
..'>h+: sa>S,. < rS..:::'... iu�1l >' I.....
E. Publication. (3i= ti ' :::`°;:::<;,;,<>;: .:.:h.::; :A. the City Clerk shall
publish the folfowing infonnatiort fm each cozimiittee in aH issues of a newspaper of general
circulation within the city:
peceding, the election,
1. Total receipts;
2. Total expenditures;
3. Contributions: the name of each person contributing $25 or more
with the amount contributed;
4. The name of each person(s) expending $25 or more if filing as an
independent expenditure committee;
t.. .. :; ca>:;::<:1`'< v�th
.....n4.�rvm.M ....�.:�.., .�aa.a....__... ._n.....
..n..r..:.:.:::.4:....::. ..: .:::...:..:::.. y:....y...n.f.........::::::::::::::::....:::.a:.::.::::.:.:.:.:,. f..>':�:::._..,:_..y:.M1�,:....,....K.::i:ti)?:',:i�>'•;i'%:i'v':^:::i5....p:.'^::.::.�:.::<1
r...�tx�e:histIM
F. Retention of Public Record. q%e eity 6erk shaH retain aH c=.
of a campaign statement by a candidate o, by a committee, the c=didate o, . .W !
such peirsoris knowiedge not mote th= two htmched doflms has been received oir expended
13
, �?-�3
raeMaze. (Ord. 1067 Section 1 Ex. A (part), 1986: prior code Section 2806)
2.40.080 City Clerk duties.
A. Duties. In addition to any other duties required of the City Clerk under this
chapter, the City Clerk shall:
1. Prescribe and furnish, without charge, appropriate forms for all
campaign statements, documents and reports required to be filed by this
chapter;
2. Determine whether required statements and declarations have been
filed and, if so, whether they conform on their face with the requirements of
this chapter;
3. Notify promptly all persons who have failed to file a statement in the
form and at the time required by this chapter;
4. Report, in writing, apparent violations of this chapter to the City
Attorney;
5. Compile and maintain a current list of all filed statements pertaining
to each reporting committee;
6. Permit a candidate to file a 4WOM statement of qualifications and
a brief description of his/her stand on local issues
fom hanched waiLds and shaff be presented un or be ;xt a date to be established
by the City Clerk.
Such statement shall be on a form provided by the City Clerk in
accordance with any other provision as set forth by Elections Code Section 10012 et
seq.
7. Place a timely advertisement(s) in a newspaper of general circulation
14
3�3�f
advising the public that a person(s) supporting or opposing a candidate(s) or a
measure through newspaper or other advertisements may be subject to city reporting
requirements.
B. Obtaining Additional Help or Services. The City Clerk is authorized and
directed to hire part-time help, contract for services, and purchase supplies as the City Clerk
deems necessary to carry out the additional duties imposed on the City Clerk's Office by
this chapter. Within ""
p scveatq�vc eta days after each election, the City Clerk shall
provide the council with a detailed report of the total direct and indirect labor, materials
and other costs incurred by the City Clerk's Office in performing such additional duties
(Ord. 1067 Section 1 Ex. A (part), 1986; prior code Section 2807)
2:40.090 Enfbaceiinent of pt o v isions.
B. Notwithstanding the FiLovisions of subsection e of this section:, any Ferson AM
sue f6i injanctive iefief to enjoin violations o, to compe! conwhance with this chap!
e. 2" peirson may bting a civii action consistent with this chaptet,FLOVided suCh
counnence action. The equest shaH include a stateinent of grounds fbi believing a caltse
fOL aCtiULI exists. The City Attorney ahaH respond within ten days aftet receipt of the
,eqtzest indicating whethe, he intends to file a civil actiurt. If the eity Attorney indicates
in the afffimative 2md files=it vvithin thfi ty days theLeaftex, no other action may be bicaght
moiess the action biought by the eity Attomey is dismissed without prejudice.
B. Prosecution f6t violation of this chapter must be cominenced within two
yews of the time the afferged vioiation occmLed.
vyhoeyer prevails, other
E. The court Luay award to a phtintiff oz a defendant,
15
3-�S
(E)jLd. f66? Secdon f F= A (part), 19869 prim code Section 2808)
.
•.:....;c,:::;:?::...:>^:c::
MET
.
B. eivH Penalties.
f. AM person who violates, any of the epo,ting F'OviOiOnS Of this Chapter
If any lietsou files an otisirral statement oi report after any deadline
imposed by this sectioL4 he u, she ShaH FaY, in addition to any vtheL Fenalties
impm dai b Q.3a the fifing office, de te,mines that the late ffing was not vvHftli and
enforcement of the HabHity wiH not futthet the FMFoses of this act Liability
not be waived if a statement oiL report is not filed within dThty days fo, a statem
of economic inteiLes4 fire days fOL a second Fieelection CaMpaign statement, and ten
days fox aH othe, statements o, reports, after the fifing office, has sent SFecific
16
3-3 (�
person wilu Maims OIL I Libation ot expenditme in violation of 1
chapte, is fiable in a civil action fo, an amoujut tily to five hundred doflars ot three
this sectioi.4 the comt may take iLltO aCCOtILLt the seriousness of the violation an
cafFabifity of the defendant. if a judr
defend=ts in an action wide, subsections B f and 2 of this section, the Flaintfffs-,
othet than the city, shaft receive fifty pexcera of the amtmt
.
remaining fifty peicent shaH be deposited in the treasury of the city. fn mi acti,
initiated by ffie eity MtujLiiey, the entire mixo=t recovered shaH be paid into t
treasury of the city.
e. Effect of Violationr
i. If, afteir eleCdOLT to office, a candidate is convicted of a violation of ny
f this chapteL, the office shaft become vacant immediate� thereapoir, or
ou the date upon which the cmadidate if not an irtc=rbcrL4 maid OthCLwise ta
office. In such event the vacancy shaft be Red in accoiLdance with the litocedure
set forth in the eity ehaiteL fOl the fffffiq of vacant city offices.
2. If a candidate is couvicted of a violation of this chapte, at any dine
pi iox to an election, the candidacy shaH be terminated innnediateiy and
3. No person convicted ande, the piovisiom of this chapte, shaH be
candidate foiL an elective city office foi fota years faflowing conviction aniess
17
.4n-?7
L'Ot2it at tile time Of seritericing, specificafty deenm that this provision shaii not
4. No public Offidai Lequired to file a statement litustiant to this chapte,
ShaH Leceive any compensation Emu the City fOL the period in which sach statement
5. The eityeieLk shaH not issue a certificate of eiectioLL to a candidate
tmtif and aniess such candidate has ffied aH Leciaiied campaign statements due to
fifed at the time of issuance of the ceitificate of ciectiort.
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(Ord. 1067 Section 1
Ex. A (part), 1986; prior code Section 2809)
2.40.+181 Construction of provisions.
A. This chapter shall be in addition to all other city and state laws applicable to
19
e,?
municipal elections. Unless the contrary is stated or clearly appears from the context, the
definitions and terms set forth in Title 9 of the California Government Code shall govern
the interpretations of terms used in this chapter. This chapter shall be construed liberally
in order to effectuate its purposes.
B. If any provision of this chapter, or the application thereof to any person or
circumstance, is held invalid, the validity of the remainder of the chapter and the
applicability of such provision to other persons and circumstances shall not be affected
thereby. (Ord. 1067 Section 1 Ex. A (part), 1986; prior code Section 2810)
2.40.-H61.34 Council study committee.
Appointment ,».. ::..:.._
APP astnt�e� i;.
tfsit<,K,::_:> ii:adv:his'cta fr'
the co
.�....::.:...::..:.:.:.a. ..:...:...:.........:,:,..:.,,..::.:::,:,.::,:,,.,,.p:::...,:.: until shall appoint a committee of at least
five citizens to study the efficacy of this chapter. The committee shall regia. t pl its
deliberationsffiff" >,>.,�,.�,i..�. .>:::.>v.>.....: »«<;. V:<::;ry>:.>::;.:<.>:.
:..:._:.:.:.,. `t t: c Ion or before January 31, -19ffDw
within ninety days the,eafter. (Ord. 1067 Section 1 Ex. A (part), 1986; prior code Section
2811)
2.40;,M, Expiration of provisions.
Unless readopted, this chapter shall expire on June 30, X994 (Ord. 1067
Section 1 Ex. A (part), 1986; prior code Section 2812)
20
3-116
f'
1111111111 1111111 III 1111111111 111111 �II VIII
111111
City of sAn tuis oBispo
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
MINUTE Sr
CAMPAIGN REGULATIONS COMMITTEE ry
Wednesday, October 10, 1990 - 11:45 a.m.
Coyote Grill 7
1850 Monterey Street, San Luis Obispo
COMMITTEE MEMBERS:
Present: Vice-Chair GlennaDeane Dovey, John French, Sally Punches, -.
Dodie Williams and Chairman Roger Picquet Lw.
Absent: None
STAFF MEMBERS:
Present: City Clerk Pam Voges, City Attorney Jeff Jorgensen
Chairman Picquet presiding /
1. Committee .Minute
Consideration of the minutes from Thursday, August 30, 1990 at 11:45 a.m.
Upon general consensus, minutes approved as submitted
2. Public Comment
Correspondence from Brett Cross urging campaign spending limits. E
Aft Jorgensen City Attorney, explained that the case "Sacramento County us FPPC" S
upheld that Proposition 73 made it unconstitutional to limit campaign expenditures
Upon general consensus, City Attorney directed to respond to Mr. Cross explaining.
unconstitutional decision.
3. Asan Endorsement
Report by staff on whether A) Partisan advertising can be used in non-partisan
elections, and B) disqualification on an issue if $250 has been received by an office
holder more than one year prior to taking office.
Jeff Jorgensen reported that A) the 1st and 14th amendments provide that partisan
endorsement is allowed; partisan nomination is not; and B) the SCIV vs FPPC case
exempts councilmembers from the $250 or more disqualification provision as
contribution limits are established per election rather than on a fiscal year basis.
Councilmembers who sit on other regional or county-wide committees such as LAFCO,
COG, or Water Advisory Committee are subject to the disqualification provision.
4. Review of Campaign Regulations
The committee continued its review of the Election Campaign Regulations, Draft
No. 5, dated 10/05/90 (continued from 7/26/90, 8/2/90, 8/16/90, and 8/30/90).
Chairman Picquet explained that recent action by the Supreme Court to leave
Proposition 73 overturned would not likely impact the City's Election Regulations as it
is a Charter City and has the authority to establish campaign contribution levels. If,
however, Proposition 73 is found to be unconstitutional, staff will need to redefine
Section 2.40.060A.1 appropriately.
Upon general consensus, the following significant amendments were approved.
2-40.030.D.2 Definition of Independent Expenditure
Independent expenditures of$100 or more rather than $250 or more are defined
as a committee and must file disclosure statements.
240.030.E Definition of Contribution
The term "contribution"does not include a payment made by an occupant of a
home or office for costs related to any meeting or fundraising event held in the
occupant's home or office if the costs for the meeting or fundraising event are
250 (rather than $500 as provided by the state) or less.
240.070.A Campaign Statements
Campaign Statements must be filed when campaign committees receive
contributions of$250 or more and independent expenditure committees must file
when they expend $100 or more.
240.130 Disqualification
This section deleted
Upon general consensus, staff directed to prepare amended legislative draft and staff report
identifying significant amendments and forward to the City Council for review and approval.
There being no further business to come before the Committee, Chairperson Picquet thanked
the Committee members and staff for their efforts and adjourned the meeting at 2.30 p.m.
Respectfully submitted,
1
2-
PVoges
3-�f�
=TING AGENDA
DATE /D/D'90 ITEM #
�►�IIIIIIII'illlll�ll � �������j�P►lillll .Il �'
l t
CsAn luis oBispo
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
MINUTES
CAMPAIGN REGULATIONS AD HOC COMMITTEE
Thursday, August 30, 1990 - 11:45 a.m.
Coyote Grill '
1850 Monterey Street, San Luis Obispo
Ro
COMMITTEE MEMBERS: IV
Present: Vice-Chair GlennaDeane Dovey, Sally Punches, and Chairman
Roger Picquet
Absent: John French and Dodie Williams
STAFF MEMBERS:
Present: Pam Voges, City Clerk and Jeff Jorgensen, City Attorney
E
1. Committee Minutes
Upon general consensus, minutes approved from the meeting of August 16, 1990 as
amended
2. Partisan Endorsement V
Upon general consensus, this item continued due to lack of time.
E
3. Review of Campaign Regulations S
The committee continued its review of the Election Campaign Regulations (continued
from 7/26/90, 8/2/90, and 8/16/90).
Considerable discussion was held concerning the definition of"Committee"with general
consensus that, to the extent possible, the City's Campaign Regulations should be
consistent with State Law, to among other things, provide compatibility between City
and State disclosure statements The substantive distinction between the two is that local
regulations limit contributions to a Candidate to no more than.$250 per contributor (an
3 -�/3
�i►ill►III IIIIIIIIIII IIIIII���������III�IIII IIIA I I ��
city of sAn luis omspo
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
MINUTES
CAMPAIGN REGULATIONS AD HOC COMMITTEE
Thursday, Agust 16, 1990 - 11:45 a.m. A
Coyote Grill
1850 Monterey Street, San Luis Obispo
r•
i.
COMMITTEE MEMBERS:
Present: Vice-Chair GlennaDeane Dovey,John French (arrived 1:30 p.m.), Sally C.�
Punches, Dodie Williams, and Chairman Roger Picquet F .
Absent: None
STAFF MEMBERS:
Present: City Clerk Pam Voges, City Attorney Jeff Jorgensen
Chairman Picquet Presiding
1. Committee Minutes.
Upon general consensus, minutes approved as amended
/
2. Review of Campaign Regulations
The committee continued its review of the Campaign Regulations reaching consensus
as follows.
A. Expenditure Limitation - Should there be a limit on amount a candidate or N
committee may expend during an election? If so, how much? U
Upon general consensus, the committee agreed that no limit should be mandatory 1
for expenditures related to a Candidate Committee
B. $10 Contribution Limit 7 days 12rior to election - Should a'Candidate be �+
restricted to receiving no more than $10 per Contributor in the last week of S
_ the election? If so, how much?
: 77 A 1
I. Penalty of Campaign Violation. Simplify language & provide better
consistency with State law?
Upon general consensus, the committee recommended replacing the penalty
provisions with simplified language patterned after the State's Model Campaign
Ordinance.
After brief discussion, and upon general consensus, staff directed to report back on the issue of
partisan endorsement related to a Councilmember having to step down on an issue during the
first year of his/her election if he/she received a contribution of $200 or more from a
contributor.
There being no further business to come before the committee, Chairman Picquet adjourned
the meeting to Thursday, August 30, 1990 at 11:45 a.m.
Respectfully submitted,
a<Ao$�
P Voges
PV:ljh
II city of ysAn tuis oBispo
990 Palm StreetlPost Office Box 8100 • San Luis Obispo, CA 93403-8100
MINUTES
Cv
CAMPAIGN REGULATIONS AD HOC COMMITTEE
T
Thursday, August 2, 1990 - 11:45 a.m.
Coyote Grill '
1850 Monterey Street, San Luis Obispo 0
COMMITTEE MEMBERS: V`J
Present: Vice-Chair GlennaDeane Dovey, John French, Sally Punches,
Dodie Williams and Chairman Roger Picquet
Absent: None P
STAFF MEMBERS: D.
Present: A
City Clerk Pam Voges, City Attorney Jeff Jorgensen
Chairman Picquet presiding
1. Committee Minutes.
Upon general consensus, minutes approved as submitted. s
2. Review of Campaign Regulations. '
Chairman Picquet questioned whether there was interest in replacing the City's
Ordinance with the League of California's Model Campaign Ordinance. A primary
component of the model relates to "matching funds" for contributions.
After brief discussion, and upon general consensus, the Committee agreed that the i
City's current election campaign regulations should be retained and amended.
Considerable discussion was held regarding the merits of raising the amount a person
can contribute to a candidate and if a limit should be established for a measure.
Currently the limit is $100 per person per candidate; no limit exists for a measure.
The City's disclosure limit is $25 for Candidates and Measures.
Committeemember French reiterated the emphasis should be disclosure over
contribution ceiling limits.
3-�
Campaign Regulations Committee
Minutes 8/2/90
Page 2
Committeemember Williams felt it might be appropriate to use State election
limitations in the future but it would be premature to eliminate the stricter
requirements now; however she could relax current contribution limits some.
Committeemember Dovey suggested that one rationale for raising the $100 per
person contribution would be the level of inflation since 1974. The $100 limitation
has never been amended and most everything else has.
Chairman Picquet also felt that in addition to the inflationary factor, a ratio could
be used similar to the State of ten to one (i.e. $1000 limitation per Candidate with
$100 disclosure level) and recommended a $250 contribution cap with a $25
disclosure.
Committeemember Punches did not feel the $100 limitation was too restrictive and
could support leaving the cap as is.
After discussion and upon general consensus, the contribution limit per person was
recommended to be raised from $100 to $250. (4-1)
Upon general consensus, the disclosure limitation was recommended to remain at
$25.00. (5-0)
Upon general consensus, the provision of whether to advertise names of contributors
and dollar amount of contribution should remain. (5-0)
Brief discussion was held regarding whether to recommend a provision be added to
limit campaign expenditures. Currently no limits are required. No consensus
reached.
The Committee suggested the following issues be agendized at its next meeting:
1. Expenditure Limitations - Should there be a limit? If so, how much?
Currently none exists.
2. $10 Contribution Limit 7 days prior to Election - Should a Candidate be
restricted to receiving no more than $10 per Contributor in the last week of
the election? If so, how much?
3. Independent Expenditures - Should there be a limit? If so, should the same
or different levels apply to Candidates vs. Ballot Measures? Current
regulations are unclear but have been interpreted to limit an independent
expenditure for Candidates to $100 with no limit for a Ballot Measure.
_ �47
Campaign Regulations Committee
Minutes - 8/2/90
Page 3
4. Tickets to B-B-O's/Fund Raisers - How to better regulate?
5. Petty Cash - Decide whether clarification should be made to existing city
regulations to be consistent with State law. State law provides that no more
than $100 may be deposited at any one time. City regulations limit $150 to
be placed in account during entire election.
6. Anonymous Contributions. How to limit?
7. Disbursement of Unexpended Campaign Funds. What constitutes a Non-
Profit Organization?
8. Determine when City Campaign Statements should be filed
A) At the same time as the State;
B) Leave as is; or
C) Establish different date?
9. Penalty of Campaign Violation. Simplify language & provide better
consistency with State law?
Upon general consensus, City Clerk directed to 1) report back on level of
independent expenditures allowed by State, if any; (see No. 3 above) and 2) prepare
second legislative draft of Campaign Regulations incorporating Committee comments
and recommendations to date.
At 1:50 p.m. there being no further business to come before the Committee,
Chairperson Picquet adjourned the meeting to Thursday, August 16, 1990 at 11:45
a.m.
Respectfully submitted,
Pam Voges
PV:sl
II
city of sap tuis oaspo
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
MINUTES
CAMPAIGN REGULATIONS AD HOC COMMITTEE A
Thursday, July 26, 1990 - 7:30 a.m.
Apple Farm Restaurant
2015 Monterey Street, San Luis Obispo i
COMMITTEE MEMBERS:
Present: GlennaDeane Dovey, John French, Roger Picquet, and Dodie N
Williams
Absent: Sally Punches
STAFF MEMBERS:
Present: City Clerk Pam Voges, City Attorney Jeff Jorgensen
1. Introduction and Purpose. ^
ACTION: Pam Voges, City Clerk, provided Oaths of Office to committee-
members and called the meeting to order. She explained the ordinance would E
sunset on June 30, 1991 unless the Council readopted it. It was the committee's /
responsibility to recommend the Council retain, amend, or allow the ordinance to
expire. If left to expire, State Election Regulations would prevail. She handed out M
copies of a legislative draft and memo outlining the significant areas proposed to be '
amended.
N
2. Determination of whether to retain Campaign Regulations Ordinance.
ACTION: Considerable discussion was held questioning the merits of the ordinance, T
its original intent, and whether limitations and disclosure levels of contributions C
should be adjusted. �G+
Committeemember French commented that to the extent possible, he would prefer S
to keep the ordinance easily understandable and in compliance with State law
including filing date requirements. He could support a lower disclosure level than
the state but viewed the provision to limit contributions below that proposed by the
State as possibly being overly-restrictive.
Campaign Regulations Committee
Minutes - 7/26/90
Page 2
Committeemember Picquet expressed concern that City regulations not be so
restrictive as to discourage people from running for office.
Upon general consensus, the Committee directed staff to provide a copy of the
League of California Cities Model Campaign Regulations Ordinance prior to the
next meeting.
3. If decision to retain ordinanc nominate Committee Officers.
ACTION: Pam Voges opened nominations.
After brief discussion,moved by Committeemember Dovey, seconded by Committee-
member Williams to appoint Roger Picquet Chair. Motion carried unanimously
(4-0-1, Punches absent).
Moved by Committeemember Picquet- seconded by Committeemember French to
appoint GlennaDeane Dovey Vice-Chair. Motion carried unanimously (4-0-1,
Punches absent).
4. Future meeting date, time and place.
ACTION: After brief discussion, the committee agreed to meet at the Coyote Grill
on August 2, 1990 at 11:45 am.
At 9:30 a.m., there being no further business to come before the Committee,
Chairman Picquet adjourned the meeting to Thursday, August 2, 1990, at 11:45 a.m.
Respectfully submitted,
�-P
am Voges .
PV:klc
3-So
' .MNG AGENDA ..3
vATE�- ITEM #
a loan by a third party, or an enforceable promise to make a payment except to the extent
that full and adequate consideration is received, unless it is clear from the surrounding
circumstances that it is not made for campaign purposes. An expenditure made at the
behest of a candidate or committee is a contribution to the candidate or committee, unless
full and adequate consideration is received for making the expenditure.
The term "contribution" includes money or property contributed by the
candidate, as well as discounts or rebates granted by television and radio stations and
newspapers which are not extended on an equal basis to all candidates for the same office.
The term "contribution" includes the purchase of ticket(s) for events such as
dinners, luncheons, rallies and similar fundraising events. Contribution reporting
requirements shall apply when the total accumulative ticket purchases by any one person
exceed the limitations set forth in subsection C 3 of Section 2.40.050.
The term "contribution" includes non-monetary contributions such as art
objects, furniture, and similar items and also includes the receipt of anything of value
transferred from one committee to another.
The term "contribution" does not include amounts received pursuant to an
enforceable promise to the extent such amounts have been previously reported as a
contribution. However, the fact that such amounts have been received shall be indicated
in the appropriate campaign statement.
The term "contribution" includes the payment of compensation by any person
for the personal services or expenses of any other person if such services are rendered or
expenses incurred on behalf of a candidate or committee without payment of full and
adequate consideration by the candidate or committee.
The term "contribution" does not include a payment made by an occupant of
4
MEETING AGENDA
.TE `:49ITEM #
the election. (Ord. 1067 Section 1 Ex. A (part), 2.40.070F, 1986: prior code Section 2805)
2.40.070 Campaign statements.
A. Required Filing Schedule. Every campaign treasurer, upon receiving or
expending $25 or more shall file with the City Clerk campaign disclosure statements
according to the following schedule:
1. State campaign disclosure statements shall be filed as required by the
provisions of Title 9 of the California Government Code.
.2. A city campaign statement (Form 101 or 102) shall be filed no later
than 12:00 noon, Tuesday, one week before the election. The closing date of this
statement shall be five p.m., Monday, eight days before the election.
B. Contents.
1. Each state campaign statement filed shall contain the information
required under the provisions of Title 9 of the California Government Code.
2. The city campaign statement (Form 101 or 102) shall consist of:
a. The name, address and amount of the contribution for each
person who contributes $25 dollars or more.
b. The total amount received from all persons who each contribute
less than $25.
C. The name and address of each person expending $25 or more
if qualifying as an Independent Expenditure Committee.
d. The total expenditures made by each committee.
C. Filing. Each document required to be filed in this chapter shall be filed with
the City Clerk during business hours, and elsewhere as may be required`by Title 9 of the
California Government Code.
11'
AGBN
D 3 rte,
.•;:�. ars I -c.l:
a tt'
i.'.. . ate;<Ctk�Sltt'BtEaT] . ] Et�iL�dr:><: «•:�,«.>:>
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itQLTi.......... ........... ..: .:: ..
A to
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cr:n �c . rrasa �a1 + tyetgxuasrt;;�. .:Yte accpant s
bce::ar:::aff}c+e;:.. >th. :;cns >atr<:# .Cut
. ..............:.....Ia*,................ ..rtttg:>v :>fdg:
Notwithstanding the definition of "contribution" as set out in this subsection,
the term does not include volunteer personal services or payments made by any individual
for personal travel expenses, if such payments are made voluntarily without any
understanding or agreement that they shall be, directly or indirectly, repaid to the person.
othei penor, if such services are iendered or expenses Maned on behalf of a cmididate
F. "Election" means any general, or special Q municipal election of the
City of San Luis Obispo.
G. "Expenditure" means a payment, a forgiveness of a loan, a payment of a loan
by a third party,,or an enforceable promise to make payment, unless it is clear from the
surrounding circumstances that it is not made for political purposes. An expenditure is
made on the date the payment is made or on the date consideration, if any, is received,
whichever is earlier.
H. "Immediate family"ins 4he-spouse,bzothes(s)-andsiste4s�nfthe candidate, .
anc�-the-pa�ea�-�aa�ea�-eh�re��c•1--gra�dsl�ild�en-�f-the-randida�_nr_ihe
Vie'-&.SpgH5e,,_ A candidate's or elected officeholder's spouse and dependent children.
d1 .....:.»»... :"..::(:LT.:.,.> S.;�I7; ;:.:`.::.., :t�.:�E1T�z�7i: 4i ...::::. .. :..ISC1�>�1T
eF . .............................. ...> ...PE.........:....:...
croxuecatt=wt >:<a«;cttrcaaxrMc ::> ...
P.: d::: tdtt ::c :;<:.:: : :: : <:};; z:>:< '
Y..
........ t........................................_.._.. .:. .., 1:..eau :.P ,::c ::. .. #. f<a< eiy« t>entEe
s °
than tf,e eity of San Luis E)bispo, the costs of litigation, inclading easunabie attoilleys' fees
(E)Id. 1667 Section 1 Ex. A (part), 19869 pio, code Section 2808)
fr1 x< m3n11icneox Aetnn .
::Y ::i:::i::i::i::`iiiR":ii.:.'.i:�:!:i'iY•.
:i.' ...:ii .:: ::i: ':i.i::: ':!:..: .::.1'i!:..: .:.::i::...::...........1...:...:........:......:..:..:.
» T h :;vl lates:;an ::: :r sko.�.::flf.;t ..;:. ha .:er:.:<. :>, '.... :::;:.t� ;:a>:: .demean r
P ........................Y.P...............................:.....................1 ..............ll ..ty..................:..s:..:.::::.:.::::.:::::p.:::.
: xty pexso ,wvc eauss at�y ot#tr;pxsrt to M.A.E. prcansa othts aptz, or who;
Sis'M! abt t . y::ot�er R II: t1i v�a.,.Iat tan of ahy: rc�w saa 'of tis Cl a . e.M$ all.be
be der ;Prsxa�s..o£ s...Seen.
Viovision of this chaptez is guilty of a misdemeanor 2�ffl othei violations are infiactions.
Punishment shaH be as provided fo, in this c6de (6hapter 1.12).
shalf be hable in any civil action flo, an arnourit not more than the amotrnt or Vahm
\or B. If any person files an original statement or report after any deadline imposed
5�b O�yV by this section, he or she shall pay, in addition to any other penalties provided for
under this chapter, the sum of ten-doifars $; ;pp per day after the deadline until the
IF
statement or report is filed. Liability may not be enforced if on an impartial basis
�d � P tY Y P
t
the filing officer determines that the late filing was not wilful and that enforcement
of the liability will not further the purposes of this act. Liability shall not be waived
fvr;t r+ i `s;
;;c ..........r .A.I' A..: if a statement or report is not filed
within thirty days for a statement of economic interest, five days for a second
preelection campaign statement, and ten days for all other statements or reports,
16=