HomeMy WebLinkAbout1483ORDINANCE NO. 1483 (2005 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
CHAPTER 2.40 OF THE MUNICIPAL CODE
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Chapter 2.40 (Election Campaign Regulations) of the San Luis Obispo
Municipal Code is amended in its entirety to read as follows:
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.
2.40.010 Title.
This title may be cited as the Election Campaign Regulations of the City.
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. 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.
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Ordinance No. 1483 (2005 Series)
Page 2
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.
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 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.
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.
Ordinance No. 1483 (2005 Series)
Page 3
E. "Contribution ":
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 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 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.
3. 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 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.
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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.
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
82031)
J. "Measure" means any Charter amendment or other proposition which is submitted to a
.popular vote at any municipal election by the City Council, or which is 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.
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 the
California Government Code in addition to complying with the provisions of this chapter.
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.
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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 $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 $50 from one
person or source without obtaining the name and address of that contributor, or $100 or
greater without obtaining the name, address, occupation and employer of that contributor.
Any anonymous contribution greater than $50 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 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).
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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.
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.
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 expenditures pertaining to candidate elections shall comply with all
reporting requirements of this chapter.
Ordinance No. 1483 (2005 Series)
Page 7
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.
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.
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 fund at any time, and no
expenditures of 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.
Ordinance No. 1483 (2005 Series)
Page 8
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 90 days after the election.
G. Closing of Account. No later than 90 days following the election, the campaign treasurer
shall close the election campaign account and file 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. 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.
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.
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 statements according to the following schedule:
1. State campaign statements shall be filed as required by the provisions of the
Government Code.
2. A supplemental City campaign statement 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 Government Code.
2. The supplemental City campaign statement shall consist of:
a. The name, address and amount of the contribution for each person who
contributes greater than $50. In addition, the occupation of the contributor and the name
of the employer shall be provided for contributions of $100 or greater.
less.
b. The total amount received from all persons who each contribute $50 or
C. The total expenditures made by each committee.
Ordinance No. 1483 (2005 Series)
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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 Government 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 the following information for
each committee:
Total receipts.
2. Total expenditures.
3. Contributions; the name of each person contributing greater than $50.
4. The notice shall report of any candidate and/or committee that has failed to
comply by the required deadline with the campaign statement requirements pursuant to
this section.
2.40.080 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 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.
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:
Ordinance No. 1483 (2005 Series)
Page 10
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. Promptly notify 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. 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 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 200 -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.
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.
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.
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B. If any person files an original City campaign 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 supplemental City campaign statement is not filed within 5 days of 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.
2.40.120 Injunctive relief.
The City Attorney or any person residing in the City may sue for injunctive relief to
enjoin violations or to compel compliance with the provisions of this chapter.
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.
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
Ordinance No. 1483 (2005 Series)
Page 12
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.
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 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.
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.
2.40.170 Expiration of provisions.
Unless readopted, this chapter shall expire on June 30, 2010.
SECTION 2. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage, in the Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 1St day of November, 2005, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 15th day of November, 2005, on the following
vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
Ordinance No. 1483 (2005 Series)
Page 13
ATTEST:
Audrey Hoo
City Clerk V,
APPROVED AS TO FORM:
Jonath P owell
City Attorney
Mayor David F. Romero
I hereby certify that this document is a true
and accurate copy of Ordinance No. _l�t_ � 6
and that the ordinance was published pursuant
to Charter Section 6,r)2.
Qate ity Clerk