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HomeMy WebLinkAbout1067j ORDINANCE NO.1067 (1986 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ELECTION CAMPAIGN 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 f_ve, (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 12th day of May , 1986, on motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None • d5R PRON DUNIN ATT T: CIT CLERK PAMELA G 0 1067 Ordinance No. 1067 (1986 Series) Approved: ama, irl City Administrative 6fficer X C y Clerk Ordinance No. 1067 (1986 Series) Page 2 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 Enforcement of Provisions. 2.40.100 Violation -- Penalty. 2.40.110 Construction of Provisions. 2.40.120 Council Study Committee. 2.40.130 Expiration of Provisions. Ordinance No. 1067 (1986 Series) 2.40.010 Title. Page 3 This chapter may be cited as the Election Campaign Regulations of the city. (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. (Prior code Sec. 2801) Ordinance No. 1067 (1986 Series) Page 4 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 of candidates and /or committees by this chapter. Each campaign 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 directly or indirectly receive contributions or make 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. A "controlled committee" is one which is under the direct control of or guidance of a candidate. There shall only be one controlled committee for each candidate. 2. An "independent committee" is any other committee. 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 Ordinance No. 1067 (1986 Series) Page 5 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 fund raising events. Contribution reporting requirements shall apply when the total accumulative ticket purchases by any one person exceeds the limitations set forth in subsection C3 of Section 2.40.050. The term "contribution" further includes any transfer of anything of value received by a committee from another committee. 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. 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; or the payment of compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses Ordinance No.1067 (1986 Series) Page 6 incurred on behalf of a candidate or committee without payment of full and adequate consideration. F. "Election" means any general or special 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. I. "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. J. "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. (Prior code Sec. 2802) 2.40.040 Campaign Treasurer— Appointment Required— Compliance with Provisions Required. Ordinance No. 1067 (1986 Series) Page 7 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. (Prior code Sec. 2803) 2.40.050 Contributions. A. Transmittal to Campaign Treasurer. All persons who receive contributions on behalf of a candidate or a 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. However, once a contribution has been accepted and deposited in the election campaign account, it shall thereafter be subject to all provisions of this chapter. C. Prohibitions. I. 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 an independent committee supporting or opposing the election of a candidate to exceed one hundred dollars. 2. No person shall make a contribution for any other person under an assumed name or under the name of any other person. Ordinance No. 1067 (1986 Series) Page 8 3. Contributions, not to exceed a total of twenty -five dollars from any one person or source, are permitted to be retained by a candidate or committee when received from anonymous sources or from persons who do not consent to having their name made known. Any amount in excess of twenty -five dollars shall be turned over to the City Clerk and deposited to the city's treasury. 4. Except as provided in subsection C3 of this section, no person shall knowingly accept any contribution in excess of twenty -five dollars without obtaining the name and address of the person making the contribution. 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 shall make or accept any contribution in excess of ten dollars after 5:00 p.m. Tuesday, 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. No person shall deduct or withold 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. (Prior code Sec. 2804) 8. For 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. Ordinance No. 1067 (1986 Series) 2.40.060 Election Campaign Accounts. Page 9 A. Election Campaign Account. Each campaign treasurer and any commit- tee that receives or expends more than two hundred dollars shall open a checking account at any bank within the city. The account shall be identified as the election campaign account. B. 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. C. Expenditures. Campaign expenditures shall be made only by checks drawn against the election campaign account by the campaign treasurer or authorized agent. 1. No campaign treasurer, nor authorized agent, shall draw checks against the election campaign account except for campaign expenses; provided, that the campaign treasurer or authorized agent may draw checks against the election campaign account to transfer to a petty cash fund which is not to exceed one hundred fifty dollars total amount in any one election. 2. 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 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 to nonprofit organizations of the Ordinance No. 1067 (1986 Series) Page 10 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 with the City Clerk verifying the closure and listing the 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 records for a period of four years after the election. (Prior code Sec. 2805) 2.40.070 Campaign Statements. A. Required Filing Schedule. Every campaign treasurer, upon receiving or expending $100, shall file with the City Clerk campaign statements according to the following schedule: 1. State campaign statements shall be filed as required by the provisions of Title 9 of the California Government Code. 2. A city campaign statement shall be filed no later than 12:00 noon, Wednesday, preceding the day of election. The closing date of this statement shall be 5:00 p.m., Tuesday, 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. Ordinance No. 1067 (1986 Series) Page it 2. The city campaign statement shall consist of: a. The name, address and amount of the contribution for each person contributing inn-e-gran twenty -five dollarsoV -rYWV'1'- b. The total amount received from persons contributing twenty five dvlqwr-s-� less. XAS�- C. Filing. Each document required to be filed herein shall be filed with the City Clerk during business hours, and elsewhere as may be required by Title 9 of the California Government Code. D. No Fee for Filing. No fee or charge shall be imposed for the filing of any document required to be filed hereunder. E. Publication. The City Clerk shall publish the following information for each committee in all issues of a newspaper of general circulation within the city on the Saturday preceding the election: 1. Total receipts; 2. Total expenditures; 3. Contributions: The name of each person contributing twenty -five dollars or more with the amount contributed. F. Retention of Public Record. The City Clerk shall retain all campaign statements and all other records required by this chapter for four years after the election. G. In Lieu Statement. Whenever any provision of this chapter requires the filing of a campaign statement by a candidate or by.a committee, the candidate or campaign treasurer may in lieu thereof file a statement under penalty of perjury that to the best of such person's knowledge not more than two hundred dollars has been received or expended on behalf of or in Ordinance No. 1067 (1986 Series) Page 12 support of a candidate or in supporting or opposing the passage of a measure. (Prior code,Sec. 2806) 2.40.080 City Clerk's 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 statement of qualifications and a brief description of his /her stand on local issues. This statement shall not exceed four hundred words and shall be presented on or before a date to be established by the City Clerk. Said statement shall be on a form provided by the City Clerk and shall be 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) Ordinance No. 1067 (1986 Series) Page 13 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 autho- rized 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 seventy -five 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. (Prior code Sec. 2807) 2.40.090 Enforcement of Provisions. A. The City Attorney shall enforce all provisions of this chapter. B. Notwithstanding the provisions of subsection C of this section, any person may sue for injunctive relief to enjoin violations or to compel compliance with this chapter. C. Any person may bring a civil action consistent with this chapter, provided such person first files with the City Attorney a written request for the City Attorney to commence action. The request shall include a statement of grounds for believing a cause for action exists. The City Attorney shall respond within ten days after receipt of the request indicating whether he intends to file a civil action. If the City Attorney indicates in the affirmative and files suit within thirty days thereafter, no other action may be brought unless the action brought by the City Attorney is dismissed without prejudice. D. Prosecution for violation of this chapter must commence within two years of the time the alleged violation occurred. Ordinance No. 1067 (1986 Series) Page 14 E. The court may award to a plaintiff or a defendant, whoever prevails, other than the City of San Luis Obispo, the costs of litigation, including reasonable attorney's fees. (Prior code Sec. 2808) 2.40.100 Violation -- Penalty. A. Criminal Penalties. Any person who knowingly and willfully violates any provision of this chapter is guilty of a misdemeanor. All other violations are infractions. Punishment shall be as provided for in this code (Chapter 1.12. B. Civil Penalties. 1. Any person who violates any of the reporting provisions of this chapter shall be liable in any civil action for an amount not more than the amount or value not properly reported. 2. If any person files an original statement or report after any deadline imposed by this section, he or she shall pay, in addition to any other penalties provided for hereunder, the sum of ten dollars ($10) per day after the deadline until the statement or report is filed. Liability may not be enforced if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of this act. Liability shall not be waived if a statement or report is not filed within 30 days for a statement of economic interest, five days for a second preelection campaign statement, and 10 days for all other statements or reports, after the filing officer has sent specific written notice of the filing requirement. Ordinance No. 1067 (1986 Series) Page 15 3. Notwithstanding the provisions of subdivision 1 of this subsection, any person who makes or receives a contribution or expenditure in violation of this chapter is liable in a civil action for an amount up to five hundred dollars or three times the amount of the unlawful contribution or expenditure, whichever is greater. 4. In determining the amount of liability under subsections 1 and 2 of this subsection, the court may take into account the seriousness of the violation and the culpability of the defendant. If a judgment is entered against a defendant or defendants in an action under subdivisions 1 and 2 of this subsection, the plaintiffs, other than the city, shall receive fifty percent of the amount recovered. The remaining fifty percent shall be deposited in the treasury of the city. In an action initiated by the City Attorney, the entire amount recovered shall be paid into the treasury of the city. C. Effect of Violations. 1. If, after election to office, a candidate is convicted of a violation of any provision of this chapter, the office shall become vacant immediately thereupon, or on the date upon which the candidate if not an Incumbent, would otherwise take office. In such event, the vacancy shall be filled in accordance with the procedure set forth in the City Charter for the filling of vacant city offices. 2. If a candidate is convicted of a violation of this chapter at any time prior to an election, the candidacy shall be terminated immediately and the candidate shall no longer be eligible for city office in the election. Ordinance No. 1067 (1986 Series) Page 16 3. No person convicted under the provisions of this chapter shall be a candidate for an elective city office for four years following conviction unless the court, at the time of sentencing, specifically deems that this provision shall not be applicable. A plea of "nolo contendere" shall be deemed-a conviction. 4. No public official required to file a statement pursuant to this chapter shall receive any compensation from the city for the period in which such statement is not filed as required. 5. The City Clerk shall not issue a certificate of election to a candidate until and unless such candidate has filed all required campaign statements due to be filled at the time of issuance of the certificate of election. (Prior code Sec. 2809) 2.40.110 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 applicability of such provisions to other persons and circumstances shall not be affected thereby. (Prior code Sec. 2810) Ordinance No. 1067 (1986 Series) Page 17 2.40.120 Council Study Committee. Appointment. At the first regular meeting in January, 1991, the Council shall appoint a committee of at least five citizens to study the efficacy of this chapter. The committee shall begin its deliberations on or before January 31, 1991, and report its findings and recommendations to the Council within ninety days thereafter. (Prior code Sec. 2811) 2.40.130 Expiration of Provisions. Unless readopted, this chapter shall expire on June 30, 1991. (Prior code Sec. 2812) / c '�'�' c� i .;�� —fir � �. i ORDINANCE NO. 1067 (19 86 Series) FINALLY PASSED this 2nd day of June , 1986, on motion of Councilman Settle , seconded by Councilinan Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Griffin and Mayor Dunin NOES: None ABSENT: Councilwoman Dovey 'i;yor Ron Dunin . ATTEST: Cit - Clerk. Pamela_ ges.;.,_ -...