HomeMy WebLinkAbout11/01/2005, BUS 2 - AMENDMENT OF THE CITY'S ELECTION CAMPAIGN REGULATIONS council M,-*D°,� tis
j ac En as Repoizt �N a
CITY OF SAN LUIS OBISPO
FROM: Audrey Hooper, City C1erkUA�r
Jonathan Lowell, City Attorney
SUBJECT: AMENDMENT OF THE CITY'S ELECTION CAMPAIGN
REGULATIONS
COMMITTEE RECOMMENDATION
As recommended by the Election Campaign Regulations Committee
1. Introduce an ordinance amending Chapter 2.40 of the Municipal Code as it relates to election
campaign regulations.
2. Approve the City's Supplemental Campaign Statement.
3. Approve a budget transfer of $3,000 from the general fund to the City Clerk's election
budget.
CAO RECOMMENDATION
The CAO recommendation vanes from that of the Committee, to wit:
1. In accordance with Council's prior direction as part of the 2005-07 Financial Plan, introduce a
modified version of the ordinance proposed by the Committee that would remain
substantially the same, but would delete the requirement for the newspaper publication,
eliminate the requirement for filing the City's Supplemental Campaign Statement, and require
that the State's campaign forms be used for the City's reporting threshold.
2. In the alternative, if Council concurs with the Committee's recommendation, staff would
recommend that the City's Supplemental Campaign Statement be further modified to delete
the requirement to report the employer's name for contributions of$100.or greater.
DISCUSSION
Chapter 2.40 of the Municipal Code, Election Campaign Regulations, was first adopted in 1974.
The original intent of the Election Campaign Regulations was, among other things, to place
realistic and enforceable limits on campaign contributions and expenditures, to insure fairness
and full disclosure, and to provide an opportunity for all citizens to become candidates for public
office unhindered by the need to meet exorbitant campaign costs. A periodic review of these
regulations is necessary to ensure that they are consistent with the original intent and with State
and Federal Law. The last review was conducted in 2001 and modifications to these regulations
were adopted by Council on January 22,2002.
Section 2.40.150 requires that Council appoint a citizen committee to study the efficacy of these
regulations every four years prior to the Chapter's expiration. Accordingly, at its June 21, 2005,
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Council Agenda Report—Amendment of the City's Election Campaign Regulations Page 2
meeting, Council made the appointments to the 2005 Election Campaign Regulations
Committee: GlennaDeane Dovey (Chair), Pierre Rademaker (Vice Chair), Matt Mackey, Ken
Schwartz, and Dodie Williams.
Prior to their initial meeting, members of the Committee were provided with a recap which
included concerns raised by Council at the June 21, 2005, meeting, and concerns raised by staff
or expressed by candidates during the November 2004 election period (Attachment 1). The
Election Campaign Regulations Committee met on July 18, August 8 and September 8, 2005.
Members conducted an in-depth review of the regulations, as well as the City' Campaign
Statements (Forms 101 and 102).
A summary of the substantive changes to the ordinance proposed by the Committee is attached
(Attachment 2). Also attached is a copy of the modified Supplemental Campaign Statement
(Attachment 3). Non-substantive changes have not been indicated in the summary or on the
ordinance. These changes were either of a grammatical or formatting nature.
The most significant changes being proposed by the Committee include:
1. An increase in the campaign contribution limit for candidates from $100 to $200.
2. An increase in the itemized reporting threshold from $25 to greater than $50.
3. The consolidation of Forms 101 and 102 into one Supplemental Campaign Statement.
4. The elimination of the second filing of the City's form. `
A majority of the Committee also recommended retaining the requirement for the newspaper
publication the Saturday prior to the election. These items are addressed below. Other changes
are included in the summary.
The "Legislative Draft" of the Committee's proposed ordinance is attached (Attachment 4) and
reflects the Committee's recommendations. A "Legislative Draft" incorporating staffs
recommendation is also attached(Attachment 5).
Candidate.Contribution Limit.and Reporting Threshold
Following its first meeting, staff provided the Committee with a memorandum comparing City
and State regulations, as well as a comparison of dollar values in 1974 with the dollar values in
2004 (Attachment 6): 1. Contribution limits of$100 were comparable to $500, and 2. Reporting
thresholds of$25 were comparable to $120.
By a 4:0 vote (one member was absent), the Committee recommended increasing the
contribution limit and reporting threshold for candidate elections as follows: a contribution limit
of$200 and an itemized reporting threshold of$50.
City's Supplemental Campaign Statement
Upon the recommendation of the City Clerk, and using the State's Form 460 (Recipient
Committee Campaign Statement) as a model, City of San Luis Obispo Forms 101 and 102
Council-.Agenda Report Amendment of the City's Election Camaaidn Reaulations Page 3
(Attachment 3) were consolidated into one form (City of San Luis Obispo "Supplemental
Campaign Statement"). Prior Forms 101 and 102 (Attachments 7 and 8) required that the name
of the employer for each contributor of$25 or greater be included in the report, along with the
contributor's name, address, occupation and the amount of the contribution. With the
recommendation to raise the reporting threshold to $50, the majority of the Committee also
recommended that the requirement to report the name of the erriployer be raised to $100.
Member Mackey opposed this recommendation for two reasons: 1) This requirement
necessitated a change in Schedule A and added another level of complexity to the information
that must be maintained by candidates and treasurers, and 2) While this requirement coincides
with the State's $100 itemized reporting threshold; it differs from past practice and results in a
reporting threshold that equates to a proportionately lower level than what was required
previously.
A further review of the City's form raises the question of why the employer's name is required
since this information is not published in the newspaper. In addition, this information is included
on the State's Form 460 at the$100 threshold.
Newspaper Publication
The issue of whether to continue the newspaper publication was discussed in depth by the
Committee. The publication pertains to both candidate and ballot measure elections, and
contains the following information: total receipts, total expenditures, and the names of persons
contributing a total .greater than $50 (formerly $25 or more). The Committee ultimately voted
3:2 to recommend continuing the publication(Members Mackey and Williams opposing).
During the 2005-07 budget process, Council was presented with a recommendation by the City
Clerk that would eliminate the requirement for a newspaper publication. This recommendation
was based on:
1. Increasing publication costs (more than$3,000 for the November 2004 candidate election).
2. Notifying the public through a display ad that the campaign statements are available on the
City's web site.
3. Continuing to make copies of the statements available at the City Clerk's office.
In addition, with the increase of absentee voters who return their ballots well in advance of
election day, fewer citizens are referring to the information published in the newspaper the
Saturday before election day prior to casting their votes.
Based on this information, staff is continuing to recommend that Council eliminate the
newspaper publication requirement from the Election Campaign Regulations.
Other Issues
Members of the public, the Council and the Committee were all concerned with independent
expenditures that need not comply with contribution limits set forth in the campaign regulations.
Decisions of the U.S. Supreme Court make clear that if expenditures are truly independent, local
—3
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Council Agenda Report Amendment of the City's Election Campaign Regulations Page 4
law cannot regulate expenditures for or against a candidate. Furthermore, municipalities cannot
regulate the amounts of contributions for or against ballot measures. The only means of
controlling these types of independent expenditures and contributions is to require that they be
disclosed. The Committee has sought to ensure that disclosures continue to be required and be
made,available for public review.
The Commission, members of the public and staff were concerned about political signs being
posted in public rights of way, including parkways between the sidewalk and the street. Rather
than recommend modification of the Campaign Finance Regulations, the City Attorney has
suggested that the definition of the term"street right of way" be modified in Chapter 15.40 (Sign
Regulations) of the Municipal Code to specifically address signs in parkways. This modification
will be contained in a separate ordinance to be brought before the Council in the near future that
will make minor non-controversial modifications to the Municipal Code to bring it into
conformity with current law. In this way, the sign regulations will apply equally to all without
regard for content, i.e. there will be no distinction between political and other speech.
FISCAL IMPACT
In light of the City's ability to post campaign statements on its web site, the Council approved
eliminating the newspaper publication as part of the 2005-07 Financial Plan, which results in a
savings of approximately$3,000 during a regular candidate election. Accordingly, there will be
no fiscal impact with the CAO's recommended change to the election campaign regulations.
However; if Council decides to continue newspaper publication, an added budget appropriation
of $3,000 for the November 2006 election will be required to cover the publishing costs for
candidates as well as any measures that are included on the ballot.
Costs to codify the amendments were already anticipated in the City Clerk
Records/Administration budget. Therefore; introduction and final adoption of the ordinance will
not result in a significant financial impact.
Attachments:
1. Recap of Concerns to Be Considered
2. Summary of Proposed Substantive Modifications
3. Modified Supplemental Campaign Statement
4: Legislative Draft-Ordinance A w Committee's Recommendation
5. Legislative Draft=Ordinance B - CAO's Recommendation
6. Memo to Election Campaign Regulations Committee Comparing City and State Regulations
T City Campaign Disclosure Statement Form 101
8. City Campaign Disclosure Statement Form 102
W702-05 Campaign Regulations\Election Campaign Regulations Committee 2005\11-01-05 Agenda Report Final
Recommendation.doc
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CITY OF SAN LUIS OBISPO
SUPPLEMENTAL ATTACHMENT 3
CAMPAIGN STATEMENT SUMMARY PAGE
° Used by: All Recipient Committees
Committee Name:
Type of Committee:
Statement Period Covers: Formation -(City Clerk to enter date),5:00 p.m., 8 Days Prior to the Election
Statement.Due by Now 7 Days Prior to the Election: (City Clerk to enter date).
CONTRIBUTIONSRECEIVED --
1. Monetary Contributions
a. $50 or Less la. $
b. Greater than $50 (Schedule.A) 1 b.
2. Loans Received (Schedule B) 2•
3. Non-monetary Contributions (Schedule B) I
4. Total Contributions (lines 1 a, 1 b,2;3) 4. $ 0.00
EXPENDITURES MADE -
5. Payments Made(Including Loans) (Schedule C) 5. $
6. Loans Made to others (Schedule C) 6. -
7. Accrued Expenses(Unpaid Bills)(Schedule C) 7.
8. Total Expenditures 8. $ ___0.00_
- -VERIFICATION
I have used all reasonable diligence in preparing this statement and to the best of my knowledge
the information contained herein is true and complete.
I certify under penalty of perjury under the laws of the State of California and the City of
San Luis Obispo that the foregoing is true and correct.
Executed on at _ by
(Date) (City&State) (Signature of Treasurer)
I have reviewed this Statement and to the best of my knowledge the information contained is true
and complete.
I certify under penalty of perjury under the laws of the State of California and the City of
San Luis Obispo that the foregoing is a true and "correct.
Executed on at by
- (Date) (City&State) (Signature of Candidate)
See Sections 2.40.070 and 2.40.110 of the Municipal Code re requirement to file and penalties for failing to do so.
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ATTACHMENT 3
Monetary Contributions Received $50 or less
NOTE: THIS WORKSHEET/S FOR.YOUR USE ONLY. PLEASE DO NOT SUBMIT IT TO THEZI
TOTAL $0.00
NAME OF CONTRIBUTOR AMOUNT
SUBTOTAL $
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ATTACHMENT 4
LEGISLATIVE I,AAn—ORDINANCE A
OeMes hmpage to be stricken
Denotes language to be added
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.'055 Independent expenditures.
2_.40.060 Election campaign accounts.
2.40.070 Campaign statements.
2.40.080 Campaign signs.
2.40.090 Responsibilities of City Clerk..
2.40.100 Criminal misdemeanor actions.
2.40.110 Civil actions:
2.40.120 Injunctive relief.
2.40.130 Cost of litigation..
2.40.140 Disqualification.
2.40.150 Construction of provisions.
2.40.160 Council study committee.
2.40.110 Expiration of provisions.
*Prior legislation_: Prior code §.§ 2800 -2812, as amended by Ord. 1067 § 11
1986; Ord. 1191 § 11 1991, and Ord. 1254 § 19 1994.
2.40.010 Title.
This chapter may be cited as the Election Campaign Regulations of
the City. (Ord. 1333 § 1 (part), 1998)
2.40.020 Purpose and intent.
A. It is the purpose and intent of this chapter:
1. To promote integrity, honesty and fairness in municipal election
campaigns.
2-1.3
ATTACHMENT 4
LEGISLATIVE LrAff—ORDINANCE A
Deaetes-Impage to be stricken
Denotes language to be added
2. To ensure 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.
3. 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.
4. To place realistic and enforceable limits on the amounts persons
may contribute in municipal election campaigns.
5. To ensure that funds contributed to a campaign committee are
used solely for campaign purposes.
6. To allow appropriate use of signage in municipal, regional,
State and federal campaigns.
7. 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. 1333 § 1 (part),
1998)
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 diselesufe 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. A committee may have only one campaign treasurer and one
assistant treasurer.
2
2-iy
Al lRuniaori® 1
LEGISLATIVE L,tAFT—ORDINANCE A
Dexetes-Impage to be stricken
Denotes language to be added
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(s) or for supporting or opposing the passage
of any measure(s) in the City of San Luis Obispo. Gemmittees shall be in one
e€twe sategeHes=
Y
GGRo6}pxca4 6varcaitt@ " - eno Whi6h roe. von 6-AP-t-ributie --
of
4i
2. "Independent expeaditwe
E. "Contribution":
1. The term "contribution"includes the following:
a. A payment, loan, forgiveness of a loan, 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.
b. 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.
C. The purchase of ticket(s) for events such as dinners,
luncheons, rallies and similar fund-raising events. Contribution
reporting requirements shall apply when the total accumulative
3
ATTACHMENT 4
LEGISLATIVE 1,.,4n=ORDINANCE A
De�etes- gage to be stricken
Denotes language to be added
ticket purchases by any one person exceed the limitations set
forth in Section 2.40.050(C)(3).
d. Non-monetary contributions such as art objects,
furniture, and similar items of value, or anything of value
transferred from one committee to another.
e. 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.
f. Funds or professional services donated to assist in
election-related litigation.
2. The term "contribution" does not include:
&--.mounts 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.
effiee
f t a to any meeting of fiend F-aisia.g eyentt
la in the eeeupaftin home ems. efee if the °ests
fief the
t fund raising everts afe $250 etless.
3. Notwithstanding the definition of"contribution" as set out m
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 which 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
4
ATTACHMENT 4
LEGISLATIVE i._.AFT—ORDINANCE A
Deaetes lege to be stricken
Denotes language to be added
is clear from the surrounding circumstances that it is not made for political.
purposes. When expenses are incurred to support election-related litigation,
they are considered expenditures. 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 a candidate's or elected officeholder's
spouse or domestic partner, and/or dependent children.
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(s) or-the qualification; passage, or
defeat of a clearly identified measure(s) 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 8203 1)
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 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, labor union, syndicate, business trust, company, corporation,
association, committee (including both controlled and independent
committees), and any other organization or group of persons acting in
concert. (Ord. 1407 § 1, 2002; Ord. 1333 § 1 (part), 1998)
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 committee. An assistant treasurer may also be
appointed.
B. Each campaign treasurer shall be responsible for complying with the
requirements of T W° the California Government Code in addition to
5
17
ATTACHMENT 4
LEGISLATIVE D,ncAn—ORDINANCE A.
Peaee to be stricken
Denotes language to be added
complying with the provisions of this chapter. (Ord. 1407 § 22 2002; Ord.
1333 § 1 (part); 1998)
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 m 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.
C. Prohibitions.
1. No person other than a candidate or the candidate's immediate
family members shall make, and no person or campaign treasurer
shall solicit or accept, any contribution which will cause the total
amount contributed by such person with respect to a single election in
support of, or in opposition to, such candidate, including contributions
to all committees supporting or opposing such candidate, to exceed
$440 $200.
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 to committees which 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 or committee shall retain any amount greater than
$50of W ep+iere-from one person or source without obtaining the
name, address, and occupation, and name ef empleye of that
contributor. Any anonymous contribution greater than $50 0f$23 Of
MON shall be forwarded to the City Clerk and deposited in the City's
treasury.
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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 person, candidate or candidate's committee shall make or
accept any contribution greater than 550-ef&M eFfnere-after.5:00
p.m., Monday, 8 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
committee.
7. Any contribution of$1,000 or more from a single source which
is made to or received by a committee primarily formed to support or
oppose a ballot measure during the 16 days immediately preceding the
election at which the measure is being voted upon must be reported to
the City Clerk`within 24 hours of the time it is received or contributed.
Any contribution of$.100 or more from a single source which is made
to or received by a committee primarily formed to support or oppose a
ballot measure during the 8 days preceding the election at which the
measure is being voted upon must be reported to the City Clerk within
24 hours. Late contribution reports must be filed by fax, 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
joint checking account shall be attributed to the
individual who signs the check. If two or more individuals sign the
check, the contribution is divided equally between or among the
signers, unless there is an accompanying document signed by each
individual whose name is on the check which clearly indicates a
different apportionment.
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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 entities in a parent-subsidiary
relationship and business entities with the same controlling owner
(more than 50%) must be combined unless the entities act completely
independently in their decisions to make contributions. A parent-
subsidiary relationship exists when one entity owns more than 50% of
another business entity. (Ord. 1401 § 3, 2002; Ord. 1333 § 1 (part)5
1998)
2.40.055 Independent expenditures.
A. Contribution Limitations Pertaining to a Candidate Election. Any
person who makes independent expenditures supporting or opposing a
candidate(s) shall not accept any contribution in excess of the amounts set
forth in Section 2.40.050(C).
B. Reproduction of Materials. Any person who reproduces, broadcasts or
distributes any material which is drafted, printed, prepared or previously
broadcast by a candidate(s) or a committee controlled by such candidate
shall report such an expenditure as a non-monetary contribution to such
candidate or committee.
C. Identification of Expenditures. Any person who makes independent
expenditures for or against a candidate or a ballot measure shall indicate
clearly on any material published, displayed, distributed, or broadcast the
name of the person and the fact that the material was paid for by that person.
D. Every person accepting or making contributions pertaining to
candidate elections shall comply with all of the requirements imposed on
candidates and committees by this chapter. Every person making mag
xpenditures pertaining to candidate elections
shall comply with all reporting requirements of this chapter. (Ord. 1333 § 1
(part), 1998).
2.40.060 Election campaign accounts.
A. Candidate Intention Statement and the Campaign Bank Account.
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1. Candidate Intention Statement. Any individual who intends to
be a 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 City Clerk.
SeeR,4ar-y ef State. A eepy shall be filed 1vith the City .
2. Candidate Campaign Bank Account. In addition to filing the
candidate intention statement, an individual who plans to run for a
City elective office and who plans to accept contributions and make
campaign related expenditures must set up a campaign bank account
at a financial institution with a branch located in the City of San Luis
Obispo.
3. City ballot measure committees must set up a campaign bank
account at a financial institution with a branch located in the
City of San Luis Obispo.
B. Statement of Organization. For each campaign bank account into
which contributions totaling $1,000 are received (including the candidate's
personal funds) or within 10 days of receiving contributions of$1,000 or
more, a recipient committee Statement of Organization(Form 410) must be
filed with the Secretary of State. A copy shall also be filed with the City
Clerk. If a recipient committee qualifies during the 16 days prior to an
election, it must file, by telegram, fax or personal delivery within 24 hours
of qualifying as a committee, the information-required to be reported in the
Statement of Organization. A copy of this form shall be filed with the City
Clerk.
Y
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 his/her 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 eae
time, and no expenditures tetalingof more than $25 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.
E. Access to Records by City Clerk.,The City Clerk shall have full
access at all reasonable hours to the bank's records concerning all election
campaign accounts.
F. 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 organization
(qualified for federal income tax exemption) of the candidate's or campaign
treasurer's choice. This shall be done no later than the State's
diselestwe statement deadline. 90 days after the election.
G. Closing of Account. No later than 90 days following the election-and
no d e-statesthirpaign `iselestwe statement
.eadlino' the
acs
campaign treasurer shall close the election campaign account and file-a
seeend Cit, eanipaign
statement ( e fm 101 eL!02) .:rift, the /City ('lark a
State Form 460 (Recipient Committee Campaign Statement) with the City
Clerk. The campaign treasurer shall also file a State Form 410 (Statement
of Organization— Termination).with the Secretary of State; with a copy to
the City Clerk. , `l r a a if the ea" ign eeee„nt tet.+ls one theft
the'c]pCuf .a listing f denees of
all rlisbtifcements al-Aberizeil be
pr-eNided However; should litigation arise as a result of the conduct of the
campaign, either during the campaign period or after the conclusion of the
campaign, the account may be kept open until such litigation is finally
concluded. Within 45 days of such conclusion, a final campaign statement
shall be filed with the City Clerk.
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H. Retention of Records. The campaign treasurer shall retain all
campaign statements and all other records required by this chapter for a
period of 4 years after the election. (Ord. 1407 §§ 49 51 6, 2002; Ord. 1333 §
1 (part), 1998)
2.40.070 Campaign statements.
A. Required Filing Schedule. Every campaign treasurer, upon receiving
or expending $100 or more, shall file with the City Clerk campaign
dissleswe statements according to the following schedule:
1. State campaign diselesum-statements shall be filed as required
by the provisions of the vernment Code.
2. Asupplemental City campaign statement (Fefm 1n, 2)
shall be filed no later than 12:00 noon, Tuesday, one week before the
election. The closing date of this statement shall be 5:00 p.m.,
Monday, 8 days before the election.
B. Contents.
1. Each State campaign statement filed shall contain the
information required under the provisions of the Title9 efhe
Galifemia�overnment Code.
2. The supplemental City campaign statement (FeFm 10 1 er- 102-)
shall consist of:
a: The name, address, occupation, .
and name of empleyer-
and amount of the contribution for each person who contributes
greater than $50. In addition, the name of the employer shall be
provided for contributions of$100 or greater enc��.
b. The total amount received from all persons who each
contribute less than or less.
6. The
as id name of employer- _f
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C. 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
required by the Tide 9 ef thevernment Code.
D. Filing Fees. 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 in the City of San Luis
Obispo m4thlatheCity the following information for each committee:
1. Total receipts.
2. Total expenditures.
I 3. Contributions;the name of each person contributing greater
than $SO tweak
I4. The
_ ;
( 4. The notice may include a statement, if neeessafy, that a
candidate and/or committee has failed to comply by the required
deadline with the campaign statement requirements pursuant to this
( section. (Ord. 1407 § 7, 2002; Ord. 1333 § 1 (part), 1998)
( 2-404482.40.080 Campaign signs.
A. Severability..This section is a separate and severable provision of the
election campaign regulations.
B. Campaign Signs. Campaign signs shall not exceed three square feet
per sign in residential zones and 10 square feet per sign in nonresidential
zones, and shall be removed no later than 10 days following the election.
C. Definition. "Campaign sign"means a sign intended to draw attention
to or communicate a position on any issue, candidate, or measure in.any
( national, state, local, college or university campus election:; the placement
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of which is in conformity with Section 15.40.300 (Prohibited Signs); and
which otherwise is not subject to regulation under Chapter 15.40 (Sign
Regulations)
D. Violation. Violation of this section shall be an infraction. (Ord. 1407 §
14, 2002)
E. Enforcement. Enforcement of this section shall be pursuant to either
Chapter 1.12 (General Penalty) or Chapter 1.24 (Administrative Code
Enforcement Procedures) of the Municipal Code.
2.40.090 Responsibilities of City Clerk.
A. Duties. In addition to any other duties required of the City Clerk under
this chapter, the City Clerk shall:
1. Prescribe and fiunish, without charge, appropriate forms for all
campaign statements, documents and reports required to be filed by
this chapter.
I 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. Promptly notify all persons who have failed to file a statement
in the form and at the time required by this chapter.
4. Report, m writing; apparent violations of this chapter to the
City Attorney.
5. Place a timely advertisement(s) in a newspaper of general
circulation in the City of San Luis Obispo advising the public that a
person(s) supporting or opposing a candidate(s) or a measure(s)
through newspaper or other advertisements may be subject to City
reporting requirements.
6. Compile and.maintain a current log-lid of all filed statements
pertaining to each reporting committee.
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7. Provide an appropriate form, and prescribe a date for
submission, which allows any candidate to file a 200-farmed
word ballot statement of qualifications and/or description of his/her
stand_ on issues. 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 13307 et seq.
B. 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 90 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. 1407 § 8, 2002; Ord. 1333
§ I (part), 1998)
2.40.100 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 aids and abets any other person in the
violation of any provision of this chapter, shall be liable under the provisions
of this section. (Ord. 1333 § 1 (part), 1998)
2.40.110 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 not more than three times
the amount of the unlawful contribution or expenditure.
B. If any person files an original City campaign disele mF -statement
after any deadline imposed by this chapter, he or she shall pay, in addition to
any other penalties provided for under this chapter, the sum of$100 per day
after the deadline until the statement or report is filed. Liability may not be
enforced if, on an impartial basis, the City Clerk determines that the late
filing was not willful and that enforcement of the liability will not further the
purposes of this chapter. Liability shall not be waived if the fFA
supplemental City pre-eleetien campaign statement is not filed within 5
days,
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hof the deadline after the City Clerk has sent specific written notice of
the filing requirement. In addition, the City Clerk may assess any applicable
fines in accordance with State law.
C. If two or more persons are responsible for any violation, they shall be
jointly and severally liable.
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. The request shall contain a statement of the grounds
for believing a cause of action exists. The City Attorney shall respond within
10 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 30 days thereafter, no other action may be brought unless the
action by the City Attorney is dismissed without prejudice.
E. 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 50% of the amount recovered. The
remaining 50% 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 4 years after the date the violation occurred. (Ord.
1407 § 9, 2002; Ord. 1333 § l (part), 1998)
2.40.120 Injunctive relief.
The City Attorney or any person residing in these i
. efae ; City may sue for injunctive relief to enjoin violations or to compel
compliance with the provisions of this chapter. (Ord. 1333 § 1 (part), 1998)
2.40.130 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. (Ord. 1333 § 1 (part),
1998)
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2.40.140 Disqualification.
In addition to any other penalties prescribed by law, if an official
receives a contribution in violation of this chapter, the official shall not be
permitted to make, participate in making or m 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
Section 87100 et seq. and the regulations of the Fair Political Practices
Commission shall apply to interpretationsofthis section. (Ord. 1333 § 1
(part), 1998)
2.40.150 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 the T1e-9-e€
the-C—ali€ei�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. 1333 § 1 (part), 1998)
2.40.160 Council study committee.
A. Appointment. At least 9 months prior to the expiration of this chapter,
the Council shall appoint a committee of at least 5 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, 2010. (Ord.
1407 § 10, 2002:Ord. 1333 § 1 (part), 1998)
2.40.170 Expiration of provisions.
Unless readopted, this chapter shall expire on.June 30, 2010. (Ord.
1407 § 112 2002: Ord. 1333 § 1 (part), 1998).
2.^0.''',- 0 Campaign sign&: (Moved to subsection 2.40.080.)
16
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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.
2:40.055 Independent expenditures.
2.40.060 Election campaign accounts.
2.40.070 Campaign statements.
2.40.080 Campaign signs.
2.40.090 Responsibilities of City Clerk.
2.40.100 Criminal misdemeanor actions.
2.40.110 Civil actions.
2.40.120 Injunctive relief.
2.40.130 Cost of litigation.
2.40.140 Disqualification.
2.40.150 Construction of provisions.
2.40.160 Council study committee..
2.40.170 Expiration of provisions.
*Prior legislation: Prior code §§ 2800 : 2812, as amended by Ord. 1067 § 1,
1986, Ord. 1191 § 1, 1991, and Ord. 1254 § 1, 1994.
2:40.010 Title.
This chapter may be cited as the Election.Campaign Regulations of
the City. (Ord. 1333 § 1 (part),.1998)
2.40.020 Purpose and intent.
A. It is the purpose and intent of this chapter:
1. To promote integrity, honesty and fairness in municipal election
campaigns.
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2. To ensure-a level of discussion of public issues adequate for a
viable campaign by providing voters with the information necessary
Ing-
to make an assessment of each candidate or measure before voting.
3. 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.
4. To place realistic and enforceable limits on the amounts persons
may contribute in municipal election campaigns.
5. To ensure that funds contributed to a campaign committee are
used solely for campaign purposes.
6. To allow appropriate use of signage in municipal, regional,
State and federal campaigns.
7. 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. 1333 § 1 (part),
1998)
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.conimittees. Each campaign diselesure 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
2
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chapter. A committee may have only one campaign treasurer and one
.assistant treasurer.
C. "Candidatell 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(s)or for supporting or opposing the passage
of any measure(s) in the City of San Luis Obispo. Cemmittees s-hall be in ene
e€fie eate.
i "Reeipiem eemmittee"- eae %rhieh fte-eives
"a�ing $100 er- Fnefe in a ea4eadar-yee&; er-
2. !-'IndepeadeM expenditufe eemmittee" ene whirsh Fn
indepeadeat expenditures tetaiing $WO er-mer-e in a ealendar-yeu b
net te eF eA the beheS4 ef a eandideAe eo eeFnfni#ee.
E. "Contribution":
1. The term"contribution"includes the following"
a. A payment, loan, forgiveness of a loan, 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.
b. 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.
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c. The purchase of ticket(s) for events such as dinners,
luncheons, rallies and similar fund-raising events. Contribution
reporting requirements shall apply when the total accumulative
ticket purchases by any one person exceed the limitations set
forth in Section.2.40.050(C)(3)..
d. Non-monetary contributions such as art objects,
furniture, and similar items of value, or anything of Value
transferred from one committee to another.
e. The payment of compensation by any person for the
personal services or expenses of any other person, if such
services are tendered,,or expenses incurred on behalf of a
candidate or committee
tee without payment of full and adequate
consideration by the candidate or committee.
f Funds or professional services donated to assist in
election-related litigation.
2. The term"contribution" does not include:
amounts received' pursuant to an enforceable
promise to the extent such amounts have been previously
usly
been previo .
reported as a contribution. However, the fact that such amounts
have been received shall be indicated in the appropriate
campaign statement.
b. A payment wade ef a home e
effiee fer-eests Felated te any fneeting er- feadFaising ev
helel.in the eeeupant's heme eF eff4ee if the ARM,; fer the
fneeting eF fead mising events e&e $250 er- less.
3. Notwithstanding the definition of-contributiorf' 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 which shall be, directly or indirectly, repaid to the person.
4
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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. When expenses are incurred to support election-related litigation,
they are considered expenditures. 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 a candidate's or elected officeholder's
spouse or domestic partner, and/or dependent children.
L "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(s) or the qualification, passage, or
defeat of a clearly identified measure(s)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 atry Charter amendment or other proposition which
is submitted to a popular vote at any municipal election by the City 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.
K "Person" means an individual, proprietorship, firm,partnership,joint
venture, labor union, syndicate, business trust, company, corporation,
association, committee (including both controlled and independent
committees), and any other organization or group of persons acting in
concert. (Ord. 1407 § 1, 2002, Ord. 1333 § 1 (part), 1998)
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
5
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campaign or for his/her committee-An assistant Measurer may also be
appointed.
B. Each campaign treasurer shall be responsible for complying with the,
requirements of T 64ekhe Califomia Government Code in addition to
complying with the provisions of this chapter. (Ord. 1407 § 2,2002; Ord.
1333 § 1 (part), 1998)
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.
C. Prohibitions.
1. No person other than a candidate or the candidate's immediate
family members shall make, and no person or campaign treasurer
shall solicit or accept, any contribution which will cause the total
amount contributed by such person with respect to a single election in
support of or in opposition to, such candidate, including contributions
to all committees supporting or opposing such candidate, to exceed
&�8A$200.
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 to committees which make
contributions to candidates.
3. No penton shall make a contribution for any other person under
an assumed name or under the name of any other person.
6
-3Y
ATTACHIMET i5_-1
LEGISLATIVE DRAFT= _ADINANCE B
Deaetss lempage to be stricken
Denotes language to be added
4. No candidate or committee shall retain any amount greater than
SjOe€$2-5 emnere-from one person or source without obtaining the
name, address, and occupation; and PAhme e f e.... lever of that
contributor. Any anonymous contribution greater than $50 e€$25 or
mere-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 person, candidate or candidate's committee shall make or
accept any contribution greater than$50-e€$23 er-mere after 5:00
p.m.,Monday, 8 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
committee.
7. Any contribution of$1,000 or more from a 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.
Any contribution of$100 or more from a single source which is made
to or received by a committee primarily formed to support or oppose a
ballot measure during the 8 days preceding the election at which the
measure is being voted upon must be reported to the City Clerk within
24 hours. Late contribution reports must be filed by fax, telegram,
mailgram; guaranteed.ovemight 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
joint checking accounthusband and shall be attributed to the
7
�C�
ATTRLHFSBEX9TL5i
LEGISLATIVE DRAFT• _itDINANCE B
fetes ls> e to be stricken
Denotes language to be added
individual who signs the check. If two or more individuals sign the
check, the contribution is divided equally between or among the
signers, unless there is an accompanying document signed by each
individual whose name is on the check which clearly indicates a
different apportionment.tFeated as if r-eeeived a half ffem eaeb
mncsrvcncrvarac'designated by the ��..—
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 entities in a parent-subsidiary
relationship and business entities with the same controlling owner
(more than 50%) must be combined unless the entities act completely
independently in their decisions to make contributions. A parent-
subsidiary relationship exists when one entity owns more than 50% of
another business entity. (Ord. 1407 § 3;2002; Ord. 1333§ 1 (part),
1998)
2.40.055 Independent expenditures.
A Contribution Limitations Pertaining to a Candidate Election. Any
person who makes independent expenditures supporting or opposing a
candidate(s) shall not accept any contribution in excess of the amounts set
forth in Section 2.40.050(0).
B. Reproduction of Materials. Any person who reproduces, broadcasts or
distributes any material which is drafted, printed, prepared or previously
broadcast by a candidate(s) or a committee controlled by such candidate
shall report such an expenditure as a non-monetary contribution to such
candidate or committee.
C. Identification of Expenditures. Any person who makes independent
expenditures for or against a.candidate or a ballot measure shall indicate
clearly on any material published, displayed, distributed, or broadcast the
name of the person and the fact that.the material was paid for by that.person.
D. Every person accepting or making contributions pertaining to
candidate elections shall comply with all of the requirements imposed on
8
ATTACHMENT ,._5 s?
LEGISLATIVE DRAFT-__tDINANCE B
metes hmpite m be stricken
Denotes language to be added
candidates and committees by this.chapter. Every person making ifteluding
xpenditures pertaining to candidate elections
shall comply with all reporting requirements of this chapter. (Ord. 1333 § 1
(part); 1998)
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 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 City Clerk.
Seer-etary ef Swe- eepy shol 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 and who plans to. accept contributions and make
campaign related expenditures must set up a campaign bank account
at a financial institution with a branch_located in the City of San Luis
Obispo..
3. City ballot measure committees must set up a campaign bank
account at a financial institution withi with a branch located in the
City of San Luis Obispo.
B. Statement of Organization. For each campaign bank account into
which contributions totaling$1,000 are received(including the candidate's
personal funds) or within 10 days of receiving contributions of$1,000 or
more, a recipient.committee Statement of Organization(Form 410)must be
filed with the Secretary of State. A copy shall also be filed with the City
Clerk. If a recipient committee qualifies during the 16 days prior to an
election, it must file,by telegram, fax or personal delivery within 24 hours
of qualifying-as a committee,the information required to be reported in the
Statement of Organization.A copy of this form shall be filed with the City
Clerk.
9
4=2-3�
ATTACHMENTI5�'
LEGISLATIVE DRAFT tDINANCE B
to be stricken
Denotes language to be added
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 his/her 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.
1. No more than$100 may be in the petty cash fimd at any ene
time, and no expenditures tetaling of more than $25 may be made
from a petty cash account. The petty cash account maybe usedonly
for expenses associated with the candidate's election to the specific
office for which the petty cash fiord was established.
2. Petty cash or fiords 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.
E. Access to Records by City Clerk. The City Clerk shall have full
access at all reasonable hours to the bank's records concerning all election
campaign accounts.
F. 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 organization
(qualified for federal income tax exemption)of the candidate's or campaign
treasurer's choice. This shall be done no later than the State's third
diSO10SUFe stmempR* .7.,ad . 90 days after the election.
G. Closing of Account. No later than 90 days following the election-and
Re 1 t than the state's thi .1 xcoai n thiel. - statement deadline, the
campaign treasurer shall close the election campaign account-and file-a
seeend Q Aement(Fer-m 101 er- 102) with the City Clerk a
State Form 460 (Recipient Committee Campaign Statement) with the City
Clerk. The campaign treasurer shall also file a State Form 410 (Statement
of Organization—Termination).with the Secretary of State, with a copy to
the City Clerk. ,
10
02�O
i
LEGISLATIVE DRAFT _ADINANCE B
fetes lesgsege to be stricken
Denotes 1wguage to be added
the Seefetaff ef SteAe (a eepy shall be filed with the Ci�CledE) verifying
D
However; should litigation arise as a result of the conduct of the
campaign, either during the campaign period or after the conclusion of the
campaign, the account may be kept open until such litigation is finally
concluded. Within 45 days of such conclusion, a final campaign statement
shall be filed with the City Clerk,.
R Retention of Records. The campaign treasurer shall retain all
campaign statements and all other records required by this chapter for a
period of 4 years after the election. (Ord. 1407 §§ 4, 5, 6, 2002; Ord. 1333 §
1 (part), 1998)
2.40.070 Campaign statements.
A. Required Filing Schedule. Every campaign treasurer, upon receiving
or expending.$100 or more, shall file with the City Clerk eanaig
1. State campaign diselesure-statements shall be filed as required
by the provisions of the lAtle ° eftlw G_244'a Government Code.
2 n Citi eampaigH statement it 10 er- t 02) ..hall be filed
i
Wer-than 12!09 neepr, Tuesday, ene week before the eleetien. The
elesing date ef this statement shall be 5:00
•,
B. Contents.
i. Each State campaign statement filed shall contain the
information required under the provisions of the Title 9 comic
GaWemia-Government Code.
Z. ThCity eampaign ..,...e t (Fer-m inter- t m) ,.hall eensist
of
1!
23 !
ATTACHMENV5_S
LEGISLATIVE DRAFT• ORDINANCE B
> ege to be stricken
Denotes language to be added
The a a. et: „,1 name ef emp
- "� e a ,.� ,. ..�."
.7- «t eFthe ee.,tribtA:e.. f,•e eh pef:sen ,.he eentr•ibtite
b. _ The total a .,t .•e .eA 4e.., all peFseffi who e eh
..tf:ibtAe less than @75 ep le....
e. The .. ", addFesso eeetiptAien ....d name e f employ eC
e. . . The total expenditures made by e6_1._ _... mittee.
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 the Title 9 e fthe Gali f mi government Code.
D. Filing Fees. Filing fees, if arty, shall be established by Council
resolution.
E. n h1- n the e"te fda . ding the elect:e.. the City rle_1.
r-avirctccroxz-virmc-oucax�picv��-irr�-c.c ........, ... ....� .,. ..
shall publish : a e Aspaper- e f general e „l.,t:e,._;xr the Cit., ..f'('..,,.
Tetel rveej..t..
2. Tet.,l a endittwes
3. cencr<varienss the-Fmne ereaeh elsen efAfibtAi t.__,...._.
fi ,J it er- fner-e 'th the a .,t a «t.-:h..te.7•
0
4. The name eC e"eh ..e.,.en(s) expending t, five delle _
4 The m ,., , ..1.,.7. statement , if neer" . ,. that e
�
vazidici'r`ee-mivrv`rcv:reP;i#pe has-ailed te-eenn- 1. the a i
r,1�' .,. `.^yw
we
d dl:sne .:th the �t.,te .,tffeme t,. puvsua.,t to this;
et:e. (OFd 1 407 § 7 209r1• Or-d.- 1333 c 1 (..".t) 1998)
12
ATTACHMENT 5_
LEGISLATIVE DRAFT ADINANCE B
Denotes lasgaage to be stricken
Denotes language to be added
282.40.080 Campaign signs.
A Severability. This section is a separate and severable provision of the
election campaign regulations.
B. Campaign Signs. Campaign signs shall not exceed three square feet
per sign in residential zones and 10 square feet per sign in nonresidential
zones, and shall be removed no later than 10 days following the election.
C. Definition. "Campaign sign" means a sign intended to draw attention
to or communicate a position on airy issue, candidate, or measure in atry
national, state, local, college or university campus election-; the placement
of which is in conformity with Section 15.40.300 (Prohibited Signs); and
which otherwise is not subject to regulation under Chapter 15.40 (Sign
Regulations)
D. Violation. Violation of this section shall be an infraction. (Ord. 1407 §
14, 2002)
E. Enforcement. Enforcement of this section shall be pursuant to either
Chapter 1.12 (General Penalty) or Chapter 1.24 (Administrative Code
Enforcement Procedures) of the Municipal Code.
2:40.090 Responsibilities of City Clerk.
A. Duties. In addition to any other duties required of the City Clerk under
this chapter, the City Clerk shall:
1. Prescribe and famish, without charge,appropriate forms for all
campaign statements, documents and reports required to be filed by
this chapter.
I 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. Promptly notify all persons who have failed to file a statement
in the form and at the time required by this chapter.
13
ATTACHM'ENTL5
LEGISLATIVE DRAFTADINANCE B
Deneb to be stricken
Denotes language to be added
4. Report; in writing, apparent violations of this chapter to the
City Attorney.
5. Place a timely advertisement(s) in a newspaper of general
circulation in the City of San Luis Obispo advising the public that a
person(s)supporting or opposing a candidate(s)or a measure(s)
through newspaper or other advertisements may be subject to City
reporting.requirements..
6. Compile and maintain a current loges of all filed_ statements
pertaining to each reporting committee.
7. Provide an appropriate form, and prescribe a date for
submission, which allows any candidate to file a 200feer-huffEked
word ballot statement of qualifications and/or description of his/her
stand on issues. 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 13307 et seq.
B. 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.deem necessary to carry out the additional duties imposed on the
City Clerk's office by this chapter. Within 90 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. 1407 § 8, 2002; Ord. 1333
§ 1 (part), 1998)
2.40.100 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 aids and abets any other person,in the
violation of any provision of this chapter, shall be liable under the provisions
of this section. (Ord. .1333 § 1 (part), 1998)
2.40.110 Civil actions.
14
ATTACHMENT;`5_i
LEGISLATIVE DRAFT _A'DINANCE B
DenetmiefteW to be stricken
Denotes language to be added
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 not more than three times
the amount of the unlawful contribution or expenditure.
after-any deadline iWesed by this ehapter7, he or-she shall pay, in addifien te
Aer-the deadline tipAil the t t f.t a ef4 is filed. Liability may et be
filingenfer-eed if-, en an impaffial basis, the City Cler-k detenr�nes that the 1.
pur-peses ef this ehapter. Liability shall net be waived ikhe fifst
dayg, and the seeend and final City ea !i# is net filed vvithin 10
days ef the deadline after-the City Gler-k has sent speeifie wFiftea netiee-ef
the
C. If two or more persons are responsible for any violation, they shall be
jointly and severally liable.
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. The request shall contain a statement of the grounds
for believing,a cause of action exists. The City Attorney shall respond within
10 days after receipt of the request indicating whether he or she intends to
Ale a civil action. If the City Attorney indicates in the affirmative and files a
suit within 30 days thereafter, no other action may be brought unless the
action by the City Attorney is dismissed without prejudice.
E. 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 50% of the amount recovered. The
remaining 50%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.
15
i LEGISLATE DRAFT ADINANC �STACHE'�ENTi'_�j__-
IV
Denotes age to be stricken
Denotes 1mgmage to be added
F. No civil action alleging a violation of any provision of this chapter
shall be filed more than 4 years after the date the violation occurred. (Ord.
1407 § 9, 2002; Ord. 1333 § 1 (part), 1998)
2.40.120 Injunctive relief.
The City Attorney or any person residing in the, ...hiding the
A#emey, City may sue.for injunctive relief to enjoin violations or to compel
compliance with the provisions of this chapter. (Ord. 1333 § 1 (part), 1998)
2.40.130 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. (Ord. 1,333 § 1 (part),
1998)
2.40.140 Disqualification.
In addition to any other penalties prescribed by law,if an official
receives a contribution in violation of this chapter, the official shall not be
permitted to make, participate in making 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
Section 87100 et seq. and the regulations of the Fair Political Practices
Commission shall apply to interpretations of this section. (Ord. 1333 § 1
(part), 1998)
2.40.150 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 the Titled e€
the Calif Government Code shall govern the interpretations of terms
used in this chapter. This chapter shall be construed liberally in order to
effectuate its purposes.
16
M IAA lmtNl ;_5
LEGISLATIVE DRAFT.. tDINANCE.B
1eeteslafWlage to be stricken
Denotes language to be added
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. 1333 § 1 (part), 1998)
2.40.160 Council study committee.
A. Appointment. At least 9 months prior to the expiration of this chapter,
the Council shall appoint a committee of at least 5 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, 2010. (Ord.
1407 § 10, 2002: Ord. 1333 § 1 (part), 1998)
2.40.176 Expiration of provisions.
Unless readopted,this chapter shall expire on June 30, 2010. (Ord.
1407 § 11, 2002: Ord. 1333 § 1 (part), 1998)
140.179 Gampaip sign. (Mored to subsection 2.40.080)
17
Q ATTACHMENT�Lto_i
Office of the City Clerk.
Mere®
To: Election Campaign Regulations Committee
From: Audrey Hooper, City Cle&0
lDate: August 1,2005
Re: Comparison of City and State Regulations&Miscellaneous Information
The following information is being provided in response to the request of the Election Campaign
Regulations Committee made at its July 28, 2005, meeting.
Comparison of the Dollar in 1974 and.2004
The City's itemized reporting threshold_ was set at$25 in 1974. The CPI adjusted rate in 2004
was$120.26.
The City's contribution limit to candidates per election was set at$100 in 1974. The CPI adjusted
rate was$481.03 in 2004.
The publication of campaign finance information in 2004 was$3,367.20. Based on.the CPI
adjusted rate,the publication cost in 1974 would have been $875.
Comparison of State and City Reporting.Requirements/Deadlines
There are a number of forms and reporting requirements mandated by the State that do not
coincide with and are not impacted by the City's reporting requirements. I have not included
these requirements or deadlines in the following comparison.
Reporting Threshold
The City's itemized reporting threshold is $25. The State's itemized reporting threshold is $100.
Contribution Limits
The City has a contribution limit of$100 per person/organization up to 5:00 p.m. the eighth day
prior to election day, after which the contribution limit is low_ered to$25. The State does not
establish contributions limits for local elections.
1
ATTACHMENT'_
Deadlines
Pre-election Statements
The State requires two pre-election statements be fled.. These deadlines are established and
published by the FPPC, depending on the type of election held. The first is typically 34 days prior
to the election and the second is typically 12 days_ before the election (with a filing period ending
17 days before the election).
The City requires an additional pre-election statement(Form 101 or 102)to be filed by noon
seven days prior to the election, covering contributions and expenditures for the period from
which the committee was established until 5:00 p.m. the eighth day prior to the election.
Post-election Statements
The State requires a semi-annual campaign statement be filed either by January 31 st(for the
prior period ending December 31 st)or by July 31 st(for the prior period ending June 30th),
depending on the date of the election. (Note, there are special quarterly campaign.filings for
ballot measure committees prior to an election.)
The City also requires its own statement (Form 101 or 102) be filed at the same time of the
State's first semi-annual filing after the election.
Late Contributions and Late Independent Expenditures-Ballot Measures
The Staterequires a filing within 24 hours of receiving a contribution or making an independent
expenditure during the 16-day period prior to election day. The State's threshold is$1,000 or
more.
The City requires reporting of late contributions received of$100 or more during the 8 days prior
to the election.
Forms- Filing Requirements
The State requires the filing of a Form 460 by all recipient committees that raise or expend more
than $1,000 or more during a calendar year in connection with an election. This requirement
pertains to candidates/officeholders and their controlled committees, as well as ballot measure
and general purpose committees.
The State also requires the filing of Form 461 by an individual or entity that makes monetary or
nonmonetary contributions of$10,000 or more in a calendar year to state or local officeholders,
candidates and committees or independent expenditures of$1,000 or more during a calendar
year to support or oppose state or local candidates or ballot,measures(Major Donor/Independent
Expenditure Committees).
2
a-y7
ATTACHMENTS&-'
The Qty requires the filing of a Form 1.01 for candidates' Controlled committees (a type of
recipient committee) and a Form 102 for committees not Under the control of 8 candidate. (Form
101 coincides With State Form 460 for candidates. Form 102 coincides with State Form 460 for
non-candidate recipient committees and Form 461 for Major Donortincleperident Expenditure
Committees.)
Forms- Format
While the f6rmat of the State's Forms 460 and 461 differ somewhat from that of the CKYs Forms
101 and 102, they contain all of the information required on the City's forms. Additionally, the
State's forms at more inclusive, tquinng information such as type of committee, type of
statement (hot applicable on. Forms 101 and nd 102)i and committee identification number.
Additionally, the State's forms provide for the filing of amendments,which the Cftys forms do hot.
The State's forms and the City's forms contain language that does not colincid-e-. Depending on
the Committee's direction, it may be feasible to revise the City's forms to coincide I e wi.th the State's
forms in Order to minimize confusion on the part of the filers.
cc: Jonathan Lowell, City Attorney
G:\702-05 Campaign Regulations0ection Campaign Regulations Committee 2005\Comparison City vs State Regulations
Memo.doc
3
FORM 101 ATTACHMENT 7
i CAMP.-�N DISCLOSURE STATEMENT SUMMA.. PAGE
Municipal Code Section 2.40.070
Used by: Controlled Recipient Committees (Committees under the direct control or guidance of a candidate)
Name of Committee:
Column A Column B Column C
Formation - 10/25/04 10/26/04-12/31/04 Cumulative
•'• "" Totals
Due 10/26/04 at noon Due 1/31/05 at 5p (Col.A+B)
CONTRIBUTIONS RECEIVED
1. Monetary Contributions
a. Under$25(from worksheet) 1a. $ #_ $ #_ $ .
b. $25 and over (ScheduleA) 1b.
2. Loans Received (Schedule B) 2.
3. Non-monetary Contributions (Schedule B) 3.
4. Total Contributions (lines 1 a,1 b,2,3) 4. $ $ _ $
EXPENDITURES
5. Expenses Incurred/Paid(Schedule C) 5_$ $ $
6. Loans Paid 6.
T Total Expenditures 7.$ $ $
VERIFICATION
l have used all reasonable diligence in preparing this statement and to the best of my knowledge
the information contained herein is true and complete.
certify under penalty of perjury under the laws of the State of California and the City of
San Luis Obispo that the foregoring is true and correct.
Executed-on - at by _-
(Date) (City& State) (Signature of Treasurer).
have reviewed this Statement and to the best of my knowledge the information contained is true
and complete.
I certify under penalty of perjury under the laws of the State of California and the City of
San Luis Obispo that the foregoing is a true and correct.
Executed on at -by
(Date) (City&State) (Signature of Candidate)
Form 101 Print 2004 Page 1
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WORKSHEET FOR SCHEDULE A
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TOTAL
NAME OF-CONTRIBUTOR AMOUNT-OR-VALUE
SUBTOTAL
Page 1
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NAME OF CONTRIBUTOR v hMOUNTOR VALUE
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Page 3
_ SCHEDULE B (continued)
ATTACHMENT
Column A Column B Column C
Formation4/18/05 4/19/05-6/30/05 Cumulative
••• ••• Totals
Due 4/19/05 at-noon Due 8/1/05 at 5p (Cols.A&B)
3. NON-MONETARYCONTRIBUTIONS RECEIVED: Formation-4/18/05
DATE NAME OF CONTRIBUTOR RESIDENCE ADDRESS AMOUNT
LAST FIRST
TOTAL(inserted in Column A above) $
4. NON-MONETARYCONTRIBUTIONS RECEIVED: 4/19/05-6/30/05
DATE_ NAME OF"CONTRIBUTOR RESIDENCE ADDRESS AMOUNT
LAST FIRST
TOTAL (inserted in Column B above) $
Page 2 Schedule B Formulas 2005
Cr
-mss
SCHEDULE B ATTACHMENT Y
C
LOANS AND NON-MONETARY CONTRIBUTIONS RECEIVED
Name of Committee:
Column A Column B Column C
Formation-4/18/05 4/19/05-6/30/05 Cumulative
... ..; Totals
Due 4/19/05 at noon Due 8/1/05 at 5p (Cols.A&B)
1. LOANS RECEIVED: Formation-4/18/05
DATE- NAME OF CONTRIBUTOR RESIDENCE ADDRESS - AMOUNT
LAST FIRST
TOTAL (inserted in column A above) $
2. LOANS RECEIVED: 4/19/05-6/30/05
DATE NAME OF CONTRIBUTOR RESIDENCE ADDRESS AMOUNT
LAST .. FIRST . _
TOTAL(inserted in column B above) $
Page 1 Schedule B Formulas 2005
SCHEDULE c ATTACHMENT
EXPENDITURES
Name of Committee:
Column A Column B Column C
Formation-4/18/05 4/19/05-6/30/05 Cumulative
;•• '•, Totals
Due 4/19/05 at noon. Due 8/1/05 at 5p (Cols.A& B)
1: EXPENDITURES: Formation-4/18/05
DATE NAME AND ADDRESS DESCRIPTION OF F PAYMENT AMOUNT'
OF PAYEE OR RECIPIENT
TOTAL(inserted in Column A above) $ 0-
page 1 Schedule C Formulas 2005
SCHEDULE C(continued) ATTACHMEKI
2. EXPENDITURES:- 4/19/05-6/30/05
DATE NAME AND ADDRESS DESCRIPTION OF PAYMENT AMOUNT
__OF PAYEE ORAECIPIENT
TOTAL (Inserted in Column B above) $
Page 2 Schedule C Formulas 2005
FORM 102 - ATTACHMENT $
CAMP"&--AV DISCLOSURE STATEMENT SUMMAk ,SAGE
Municipal Code Section 2.40.070
Used by. Noncontrolled Recipient Committees (Committees not under the direct control or guidance of a candidate,
including committees formed to support a ballot measure and political action committees.)
Name of Committee:
Column A Column B Column C'
Formation-4/18/05 4/19/05-6/30/05 Cumulative
"•• •�� Totals
Due 4/19/05 at noon Due 8/1/05 at 5p (Col. A+B)
CONTRIBUTIONS RECEIVED
1. Monetary Contributions
a. Under$25(from worksheet) la.$ #_ $ #_ $
b. $25 and over(Schedule A) 1 b.
Z Loans Received (Schedule B) 2.
3.. Non-monetary Contributions (Schedule B) 3.
4. Total Contributions (lines 1 a, 1 b,2, 3) 4. $
EXPENDITURES.
5. Expenses Incurred/Paid (Schedule C) 5.$ -
6.
.$ _6. Loans Paid 6.
7. Total Expenditures 7. $ $ $
- VERIFICATION
1 have used all reasonable diligence in preparing this statement and to the best of my knowledge
the.information contained herein is true and complete.
I certify under penalty of perjury under the laws of the State of California and the City of
San Luis Obispo that the foregoring is true and correct.
Executed on at ---by -_
(Date) (City&State) (Signature of Treasurer)
I have reviewed this Statement and to the best of my knowledge the information contained is true
and complete.
I certify under penalty of perjury under the laws of the State of California and the City of
San Luis Obispo that the foregoing is a true and correct.
Executed on at by
(City&State) (Signature of Candidate)
Form 102 Print 2005 Page 1
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TOTAL
NAME OF.CONTRIBUTOR AMOUNT OR VALUE
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NAME OF CONTRIBUTOR AMOUNT OR VALUE.
SUBTOTAL,
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ATTACHMENT $
NAME.OF CONTRIBUTOR - AMOUNT OR VALUE
SUBTOTAL
Page 3 n ,/
SCHEDULE B ATTACHMENT
LOANS AND NON-MONETARY CONTRIBUTIONS RECEIVED
Name of Committee:
Ciolurnn.A Column B Column.0
Formation-4/18/05 4/19/05-6/30/05 Cumulative
«* '•• Totals
Due 4/19/05 at noon Due 8/1/05 at 5p (Cols.A&B)
$ $ $ -- ----
1. LOANS RECEIVED: Formation-4/18/05
DATE — NAME OF CONTRIBUTOR RESIDENCE ADDRESS -----AMOUNT"
LAST FIRST.__
TOTAL(inserted in column A above) $
2. LOANS RECEIVED: 4/19/05-6/30/05
DATE_ NAME_ OF CONTRIBUTOR— RESIDENCE ADDRESS AMOUNT
-- LAST FIRST --- -- -- _-
TOTAL(inserted in column B above) $
Page 1 Schedule B Formulas 2005
ATTACHMENT �
SCHEDULE B(continued)
Column A Column B Column C
Formati6n4/18/05 4/19/0"40/05 Cumulafnre
rwr rrw Totals
Due 4/19/05 at noon Due 8/1/05 at 5p (Cols.A&B)
$- _ $ $
3. NON-MONETARYCONTRIBUTIONS RECEIVED:: Formation-4/18/05
DATE -- ----__------NAME OF CONTRIBUTOR- - - - RESIDENCE ADDRESS AMOUNT
LAST FIRST
TOTAL(inserted in Column A above) $
4. NON-MONETARYCONTRIBUTIONS RECEIVED: 4/19/05-6/30/05
DATE NAME OF CONTRIBUTOR- RESIDENCE ADDRESS AMOUNT
- - - LAST FIRST -
TOTAL(inserted in Column B above) $
Page.2 Schedule B Formulas 2065
SCHEDULE C
ATTACHMENT
EXPENDITURES
Name of Committee: -- - - — -
Column A Column B Column C
Formation-4/18/05 4/19/05-6%30/05 Cumulative_
*�• ,•• Totals
Due.4/19/05 at noon Due 8/1/05 at 5p (Cols. A&B)
1. EXPENDITURES: Formation-4/18/05
DATE NAMEAND ADDRESS -- DESCRIPTION OF PAYMENT AMOUNT
___OF.PAYEE OR RECIPIENT _
TOTAL(inserted in Column A above) $ 0
Page 1 Schedule C Formulas 2005
SCHEDULE C (continued) _
ATTACHMFNT'I
2. EXPENDITURES: 4/19/05-6/30/05
DATE NAME AND ADDRESS DESCRIPTION OF PAYMENT AMOUNT
OF PAYEE OR RECIPIENT.
TOTAL(Inserted in Column B above) $ _
Page 2 Schedule C Formulas 2005
Page 1 of 1
kudrey Hooper - Campaign Regulations Comm.
=rom! "Dodie Williams" <bndwms@fix.net> RECEIVED
Fo: <khampian@slocity.org> OCT 31 2005
)ate: 10/30/2005 9:40 PM
iubject: Campaign Regulations Comm. SLO CIT
CLERK
'C; "Audrey Hooper' <AHooper@slocity.org>, <jlowell@slocity.org>
5reetings Ken,
ks a member of the committee charged with reviewing campaign finance regulations, I am forwarding to you my"minority report"
egarding publication, along with a couple of general comments.
tegarding publication, it is my opinion that community members have several opportunities to review candidates'contributions
ind disbursements during a campaign, i.e.; the City's web site contains current information; paper copies of each report are
available in City Hsll on request; and the newspaper publishes much of that information at the close of each reporting period
often as a news item). Anyone desiring to have that much detail can readily obtain it.
m aware the Council removed the money from the Clerk's election budget for newspaper publication of the final report, and can
ind no good reason to reinstate it. Since Matt Mackey shared this view at our last meeting, you may also hear from him.
also believe we should use State forms and the State's guidelines wherever possible in our local elections. After reviewing both
;ity and State regulations, there were not many areas where they differed in any significant way. It would be much simpler for
)oth the Clerk and candidates to have one set of guidelines and forms (wishful thinking).
am pleased that campaign signs have been given a higher priority in the ordinance.
Ay thanks to you and the Council for the opportunity to serve with such a well-versed group as those who were on the committee.
Ne made a number of major changes, and perhaps the next committee will make even more.
'lease distribute this to the Council, committee members and whoever else will be involved in this item.
)odie Williams
c
® COUNCIL S-CDD DIR RED FILE
FI CAO E FIN DIR
® ACAO 8 FIRE CHIEF MEETING AGENDA
B ATTORNEY �E PW DIR
BDAT II oS ITEM
CLERK/ORIG Z-POLICE CHF
❑ DEPT HEADS IG REC DIR
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2M/- 6:d G HR DIR
10/31/2005
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