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HomeMy WebLinkAbout0614OF dANCE IJO. 614 (1974 Serie A14 ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE MU14ICIPAL CODE BY ADDING CHAPTER 5 TO ARTICLE IV, AND PROVIDING FOR THE REGULATION OF CONTRIBUTIONS AND EXPENDITURES IN MUNICIPAL ELECTIONS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article IV of the Municipal Code of the City of San Luis Obispo is hereby amended by adding thereto Chapter 5, consisting of Section 4500 through Section 4514 and subsections thereof as follows: (See attached pages.) SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the Telegram- Tribune, a news- paper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at an Adjourned Meeting thereof held on the 22nd day of April, 1974, on motion of Councilman Gurnee, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee and Mayor Schwartz NOES: Councilmen Brown and Norris ABSENT: None ATTEST: CHAPTER 5 AN ORDINANCE FOR THE REGULATION OF CONTRIBUTIONS AND EXPENDITURES IN MUNICIPAL ELECTIONS Ordinance No. 614 (1974 Series) C O N T E N T S Section 4500 Ordinance Title 4501 Purpose and Intent 4502 Definitions 4503 Campaign Treasurer 4504 Solicitation Agents 4505 Contributions 4506 Expenditures 4507 Volunteer Services 4508 Election Campaign Checking Account 4509 Campaign Statements 4510 Other Unlawful Acts 4511 Penalties 4512 Duties of City Clerk 4513 Council Study Committee 4514 Construction Appendix CHAPTER 5 AN ORDINANCE FOR THE REGULATION OF CONTRIBUTIONS AND EXPENDITURES IN MUNICIPAL ELECTIONS Ordinance No. 614 (1974 Series) SECTION 4500. Ordinance Title. This Ordinance may be cited as the San Luis Obispo Ordinance for the Regulation of Contributions and Expenditures in Municipal Elections. SECTION 4501. Purpose and Intent. It is the purpose and intent of this ordinance: (1) To place realistic and enforceable limits on the amount individuals may contribute and candidates may collect and expend in political campaigns in municipal elections; (2) To insure and promote integrity, honesty, and fairness in the process of governmental decision - making; (3) To insure that funds and services donated to a candidate are used solely for lawful campaign purposes; (4) To insure a level of discussion of public issues adequate for a viable political campaign by providing voters with the information necessary to make a full assessment of each candidate before voting; (5) To provide an opportunity for all citizens to become candidates for public office unhindered by the need to meet exorbitant campaign costs; (6) To require full public disclosure of campaign contributions received, the names and addresses of contributors to such campaigns, and the purpose and amounts of expenditures in political campaigns in municipal elections; and (7) To provide full and fair enforcement of all the provisions of this ordinance. In seeking to establish such realistic limitations on campaign costs, it is the intent of the City Council to promote a broader and more open participation by all citizens in the electoral process and it is in no way intended that such limitations should act.to deprive or restrict any citizen in the exercise of his rights guaranteed under the First and the Fourteenth Amendments of the United States Constitution. SECTION 4502. Definitions. The following words or phrases shall have the meaning indicated when used in this ordinance: (1) "Campaign statement" shall mean an itemized report, made according to a form prescribed and supplied by the City Clerk, which, when completed and filed, provides the information required of candidates herein. (2) "Campaign treasurer" shall mean a formally nominated candidate or his duly authorized representative to handle the financial affairs of his campaign. There shall be only one campaign treasurer for each election campaign, but the candidate may change campaign treasurers at any time by filing formal notice thereof with the City Clerk. (3) "Candidate" shall mean any individual listed on the ballot for nomination for or election to any City office or who has otherwise taken affirmative action to seek nomination or election to City office. (4) "Closing date" means the date through which a campaign statement is required to be complete. A campaign statement shall reflect all contributions received and expenditures made through the closing date. (5) "Contribution" shall mean a gift, subscription, loan, advance, deposit, pledge, contract, agreement or promise of money or anything of value or other obligation, whether or not legally enforceable, made directly or indirectly in aid of the election of one or more candidates. The term "contribution" includes, without limitation, the purchase of tickets-for events such as dinners, luncheons, rallies and similar fund raising events, provided, however, that if the sponsors of any of said events can accurately predetermine the true cost of sponsoring said event for each person in attendance, said cost per person shall be printed on each ticket and may be deducted from the purchase price of each ticket when contributions are reported; a candidate's own money or property used on behalf of his candidacy; and the granting to a candidate or his representative of discounts or rebates not available to the general public. The term "contribution" shall not include a gift of uncompensated personal services or labor reported under the "Volunteer Service" provisions of this ordinance; and "contribution" shall not include the purchase of tickets for public events sponsored or agreed to by all mayoralty and councilmanic candidates. A joint contribution to two or more candidates shall be considered at all times as separate pro rata contributions.to each of said candidates for all purposes of this ordinance. (6) "Election" shall mean any primary, general or special municipal election held in the City of San Luis Obispo for the office of Mayor or Councilman. (7) "Election campaign" for any individual candidate shall refer to that period of time beginning with the date that his nomination or write -in papers are filed and continuing through the final date under this ordinance and state law for the filing of required reports concerning contributions and expenditures during the campaign. (8) "Expenditure" shall mean a payment, pledge or promise of payment of money or anything of value or other obligation, whether or not legally enforceable, for goods, materials, services or facilities in aid of or in opposition to the nomination or election of one or more candidates. (9) "Immediate family" shall mean the candidate, the candidate's spouse, and any child, parent or grandparent of the candidate, and the spouse of any such person. (10) "Total contribution" shall mean the total value of all money and of all other things, services and materials herein established as having a money value equivalent, which are given to a candidate or expended for his benefit either directly or indirectly. (11) "Volunteer service" shall mean all personal services or labor provided to or on behalf of a candidate without remuneration or for a remuneration less than the current minimum wage established by the California legislature. SECTION 4503. Campaign Treasurer. (1) Campaign Treasurer appointment. Each candidate shall appoint a campaign treasurer who shall be responsible for all financial aspects of the election campaign. The candidate may appoint himself as campaign treasurer. SECTION 4504. Solicitation Agents. (1) Solicitation Agents - Designation. Each candidate or his campaign treasurer may from time to time designate as many persons as he deems necessary to act as his agents for the solicitation and receipt of contributions. At the time of filing nomination papers, each candidate shall provide the City Clerk with a list of the names and addresses of all persons so designated by him, and throughout the campaign he shall promptly notify the City Clerk of any changes in said list. SECTION 4505. Contributions. (1) Contributions - Transmittal to Campaign Treasurer. All persons, including solicitation agents, who receive or accept contributions on behalf of a candidate shall transmit said contributions in full to-the campaign treasurer for said candidate at the earliest practical time, together with a list showing the names and addresses of each contributor and the amount of the contribution. (2) Contributions- Refusal to Accept. A candidate or his campaign treasurer shall have cull authority to refuse and to return any contribution offered to him. However, once a contribution has been accepted and presented to the City Clerk, it shall thereafter be subject to all provisions of this ordinance. (3) Contributions - Prohibitions. (a) No person shall make a total contribution in excess of one hundred dollars ($100.00) to any individual candidate other than himself in any election campaign. (b) No candidate shall make a total contribution in excess of five hundred dollars ($500.00) to his own campaign. All contributions to a candidate's campaign by members of his immediate family shall be considered to be contributions or expenditures by the candidate himself for the purposes of this ordinance. (c) No person shall make a contribution anonymously, under an assumed name, or under the name of any other person. (d) No person shall make a contribution on behalf of any person other than himself. (e) No person shall accept any contribution without obtaining the name and address of the person making the contribution. (f) No corporation, partnership, labor union, employees' association, political party, political assistance committee, or other business, labor or partisan political entity, group or committee of any sort shall make-.any contribution to a candidate. (g) No person shall make or accept any contribution after the noon of the Wednesday preceding the day of election. (h) No candidate or campaign treasurer shall knowingly accept any contribution which would cause the candidate's campaign fund to exceed the maximum sum which may be expended by the candidate under the maximum expenditure limitations imposed by this ordinance. SECTION 4506. Expenditures. (1) Expenditures - Limitation on Total Campaign Expenditures. It shall be unlawful to incur aggregate campaign expenses and obligations on behalf of any candidate in excess of the product obtained by multiplying (a) the number of registered voters within the City ninety (90) days prior to the election date as certified by the City Clerk and (b) the applicable one of the two following amounts: Incumbent Office Holders $0.10 (ten cents) Non - Incumbent Office Seekers $0.12 (twelve cents) In any criminal action or removal from office proceeding instituted for violation of this section, proof of knowledgeable or willful violation on the part of a campaign treasurer for a candidate shall be prima facie evidence of knowledge on the part of the candidate himself. (2) Expenditures - Prohibitions. No person other than a candidate or his campaign treasurer shall expend any funds or monies in support of or on behalf of a candidate; provided, however, that any person-making an authorized contribution may designate said contribution, or any portion thereof, for expenditure only for specific purposes or in a specific manner, and any such contribution accepted by a candidate or his treasurer shall be expended only as designated. SECTION 4507. Volunteer Service Records. (1) Each campaign treasurer shall maintain a record of all persons known to him, or to the candidate who appointed him, who provide "volunteer service" on behalf of said candidate. Said record shall include the name and address of each such person and the type of work performed. Said records shall be filed by the campaign treasurer con- currently with the filing of the campaign statement covering the same period of time. SECTION 4503. Election Campaign Checking Account. (1) Campaign Account - Establishment. Each campaign treasurer shall open a joint checking account with the City Clerk at a bank of the campaign treasurer's choice within the City of San Luis Obispo. Said account shall be identified as the election campaign account for the candidate who appointed the campaign treasurer. (2) Campaign Account - Deposit of Contributions. Campaign contributions shall be deposited into the campaign account by the City Clerk or his authorized deputy, and it shall be unlawful for any person other than the City Clerk or his authorized deputy to deposit any money into said account. (a) At times established by the City Clerk, the campaign treasurer shall present to the Clerk a prepared deposit slip for the campaign account, the cash and check contributions to be deposited in the account, and a list of the names and residential addresses of the contributors associated with each contribution. (b) The City Clerk shall verify the completeness of the documents, endorse all checks, and sign the deposit slip. (c) The City Clerk shall keep a copy of all documents and shall deposit the contributions in the candidate's campaign account. (d) The City Clerk shall refuse to endorse or to deposit in a candidate's campaign account any and all contributions which would cause the total deposits in said account during the campaign to exceed the maximum expenditure limitations established else- where herein. (3) Campaign Account - Expenditures. Campaign expenditures shall be made only by checks drawn against the campaign account by the campaign treasurer, and it shall be unlawful for any person other than the campaign treasurer to issue a check against said account or to otherwise draw funds therefrom except pursuant to a valid court order. (a) It shall be unlawful for any person to make campaign expenditures by any means other than by check drawn against the campaign account by the campaign treasurer. (b) It shall be unlawful for the campaign treasurer to draw checks against the campaign account except for lawful campaign expenses for which he obtains a receipt in the full amount of.the check. (c) The funds in the campaign account shall not be considered for any purpose to be personal funds of the candidate, campaign treasurer, or any other person, and it shall be unlawful for any person to expend said funds other than for valid and permitted campaign expenses. (d) No bank shall permit an overdrafting of a campaign account. (4) Campaign Account - Access to Account Records by City Clerk. The City Clerk or his authorized deputy and the campaign treasurer shall each have full access at all reasonable hours to the bank's records concerning the campaign account. Banks shall mail all bank statements and cancelled checks of each campaign account to the City Clerk's office. (5) Campaign Account - Disbursement of Unexpended Campaign Funds. If the final campaign statement discloses an unexpended campaign surplus, the campaign treasurer shall within sixty (60) days after the election disburse the whole of said surplus to the City of San Luis Obispo or to charitable organizations of the candidate's choice within the City. (6) Campaign Account - Closing of Account. Within seventy (70) days after the election, the campaign treasurer shall close the campaign account and shall file a statement with the City Clerk verifying said closure and listing the donees of all disbursements authorized by Section 4508.(5), and the dollar amounts given to each donee. SECTION 4509. Campaign Statements. (1) Campaign Statements - Required Filing Schedule. Each campaign treasurer shall file campaign statements according to the following schedule: (a) A complete and current campaign statement shall be filed by each candidate with his nomination papers. (b) A campaign statement, the closing date of which shall be the 28th day before the election, shall be filed no later than the 25th day prior to the election. (c) A campaign 'statement, the closing date of which shall be the noon of the Wednesday preceding the day of election, shall be filed no later than the noon of the Thursday preceding the day of election. (d) A campaign statement, the closing date of which shall be no later than the Tuesday after the election, shall be filed no later than the 9th day after the election. (2) Campaign Statements - Contents. Each campaign statement filed shall contain the following information: (a) The cumulative total amount of all contributions received and expenditures made or obligated up to the closing date for said statement. (b) The name and residential address of, and the cumulative total amount contributed by, each contributor up to the closing date for said statement. (c) A cumulative listing of the names and street addresses of all persons (as defined in,.the Municipal Code) to whom expenditures have been made during the election campaign and the amount and purpose of each separate expenditure to such persons. Copies of receipts shall be filed with the City Clerk for all expenditures during the reporting period covered by the campaign statement. (NOTE: See Section 4507 for volunteer service report to be filed concurrently with the campaign statement.) (3) Campaign Statements - Verification. Each campaign statement shall be signed under penalty of perjury by the campaign treasurer and shall be filed by him with the City Clerk. If the campaign treasurer is a person other than the candidate, the candidate also must declare under penalty of perjury that prior to the filing of the statement he has read the statement, he has made reasonable inquiry into its truthfulness, and the statement, to his knowledge, is true and complete. (4) Campaign Statements - Filing in Office of City Clerk. Each document required to be filed herein shall be filed with the City Clerk, at his office, during regular business hours. (5) Campaign Statements - Format. All statements, records, reports, listings, and other documentation required to be filed or kept by this ordinance shall be in a form approved by the City Clerk. (6) Campaign Statements - No Fee for Filing. No fee or charge shall be imposed for the filing of any document required to be filed hereunder. (7) Campaign Statements - Publication. The City Clerk shall publish the complete campaign statements and contributions lists for all candidates in all issues of a newspaper of general circulation within the City on the Friday preceding the election. (8) Campaign Statements - Public Inspection and Copymaking. (a) Each document, record, or statement required to be filed pursuant to the provisions of this ordinance is a public record and shall be made available at reasonable times for inspection by any member of the public. (b) A copy of each such document, record, or statement shall be given to any member of the public upon payment of such fees, if any, as may be established from time to time by resolution of the Council. (9) Campaign Statements - Retention for Public Record. The City Clerk shall retain all campaign statements and all other records required in this ordinance for four (4) years. SECTION 4510. Other Unlawful Acts. (1) It shall be unlawful for any person who makes any contribution or provides any volunteer service in aid of the election of any candidate to fail or refuse to provide his name and address to said candidate or his designated representative. (2) It shall be unlawful for any person to deduct or withhold any amount or percentage from any contribution. Any compensation provided to any person for solicitation, collection, or other services shall be paid from the campaign account as an election expenditure item. (3) After the opening date for the filing of formal nomination papers, it shall be unlawful for any person to expend or solicit funds on behalf of or in support of the candidacy of any person who has not filed either formal nomination papers or a declaration stating that he is a write -in candidate. SECTION 4511. Penalties. (1) Penalties - Criminal. (a) Any person who knowingly or willfully violates any of the provisions of this ordinance is guilty of a misdemeanor. (b) In addition to any other penalty provided by law, any willful or knowing failure to report contributions, done with intent to mislead or deceive, shall be punishable by a fine of not less than five hundred dollars ($500.00). (2) Penalties - Effect of Violation. (a) If after his election a candidate is convicted of a violation of any provision of this ordinance, the election to office of such candidate shall be void and such office shall become vacant immediately thereupon, or on the date upon which the candidate, if he is not an incumbent, would otherwise take office. In such event, the vacancy shall be filled in accordance with the procedures set forth in the City Charter for the filling of vacant City offices. (b) If a candidate is convicted of a violation of this division at any time prior to an election his candidacy shall be terminated immediately and he shall be no longer eligible for election at said election. (c) No public official required to file a statement pursuant to this ordinance shall receive any compensation from the City for the period in which he is in violation if the statement is not filed as required. (d) The City Clerk shall not issue a certificate of election to any candidate until all required campaign statements concerning said candidate's campaign have been filed. SECTION 4512. Duties of City Clerk. (1) Duties of City Clerk - General. In addition to any other duties required of the City Clerk under this ordinance, said City Clerk shall: (a) Prescribe and furnish without charge appropriate forms for all campaign statements, documents and reports required to be filed by this ordinance. (b) Determine whether required statements and declarations have been filed with his office and, if so, whether they conform on their face with the requirements of this ordinance. (c) Notify promptly all persons known to him who have failed to file a statement in the form and at the time required by this ordinance. (d) Report apparent violations of this ordinance to the City Attorney. (e) Compile and maintain a current list of all statements or parts of statements filed with his office pertaining to each candidate. (2) Duties of City Clerk - Obtaining Additional Help or Services. The City Clerk is authorized and directed to hire part -time help, contract for services and purchase supplies as he deems necessary to carry out the additional duties imposed on his office by this ordinance. Within sixty (60) 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 his office in performing said additional duties. SECTION 4513. Council Study Committee. (1) Council Study Committee - Appointment. At the first regular meeting in June, 1975, the Council shall appoint a committee of at least five (5) citizens to study the efficacy of this ordinance at.the general municipal election in 1975, in relation to the objects and purposes here - inabove set forth. Said committee shall report its findings and recommendations, if any, to the Council within ninety (90) days thereafter. SECTION 4514. Construction. (1) Construction - Rules of Construction. This ordinance shall be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any officer in any procedure taken under this ordinance which does not directly affect the jurisdication of the City to control campaign contributions and expenditures shall avoid the effect of this ordinance. The provisions hereof shall apply only to municipal elections and shall be in addition to all other city, state and federal laws applicable to said elections; provided, however, that whenever there are conflicts between any provision hereof and said other laws, or any portion thereof, that provision shall control which requires the greatest public disclosure, or which imposes the lowest dollar limitations for campaign contributions or expenditures, or which in any way most adequately controls activities regulated hereunder. (2) Construction - Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the ordinance and.the applicability of such provisions to other persons and circumstances shall not be affected thereby. FINALLY PASSED this 20th day of MAY 1974 , by the following roll call vote: AYES: Councilmen Graham and Gurnee, and Mayor Schwartz NOES: Councilman Norris ABSENT: Councilman Brown ATTEST: