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HomeMy WebLinkAbout0902ra ORDINANCE NO. 902 (1981 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CAMPAIGN REGULATIONS ORDINANCE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article II, Chapter 8, Election Campaign Regulations are revised as per the 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 three (3) 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 (3r) 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 as a meeting held on the 18th day of August 1981, on motion of Councilman Bond seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Bond, Dovey, and Mayor Billig NOES: Councilman Dunin ABSENT: Councilman Settle ATTEST: CITY ERK 'Pamela Vo s Approved: O City Admfhi4teYtIV9, Officer City Attorney L. NOT GIVEN FINAL PASSAGE 0 902 Exhibit A e ARTICLE II, CHAPTER 8 ELECTION CAMPAIGN REGULATIONS CONTENTS SECTION 2800. Ordinance Title. 2801. Purpose and Intent. 2802. Definitions. 2803. Campaign Treasurer. 2804. Contributions. 2805. Election Campaign Account. 2806. Campaign Statements. 2807. Duties of City Clerk. 2808. Enforcement. 2809. Penalties. 2810. Construction. 2811. Council Study Committee. 2812. Expiration. e ARTICLE II, CHAPTER 8 ELECTION CAMPAIGN REGULATIONS Ordinance No. ( Series) SECTION 2800. Ordinance Title This Chapter may be cited as the Election Campaign Regulations of the City of San Luis Obispo. .SECTION 2801. Purpose and Intent. It is the purpose and intent of this Chapter: 1. To require public disclosure of campaign contributions and expenditures in political campaigns in municipal elections; 2. To place realistic and enforceable limits on the amount persons may contribute in political campaigns in municipal elections; 3. To promote integrity, honesty, and fairness in election campaigns; 4. To insure that funds contributed to a candidate or a committee are used solely for campaign purposes; 5. To insure a level of discussion of public issues adequate for a viable political campaign by providing voters with the information nec- essary to make an assessment of each candidate before voting; and 6. To provide full and fair enforcement of all the provisions of this Chapter. By enacting this Chapter, the City Council does not intend to deprive or restrict any citizen the exercise of rights guaranteed under the United States Constitution and the California constitution. SECTION 2802. Definitions. The following words or phrases shall have the meanings indicated when used in this Chapter: 1. "Campaign statement" means a report, made on a form prescribed and supplied by.the City Clerk, which provides the information required of candidates and committees herein. Each campaign statement shall re- flect all contributions received and expenditures made through the closing date specified in Section 3806 herein, . 2. "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 for each campaign committee or candidate at a time. Rev. 8/81 23C 3. "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. 4. "Committee" means any person or combination of persons who directly or indirectly receive contribution or make expenditures or contributions for the purpose of expressly advocating the election or defeat of a clearly identified candidate or supporting or opposing.the passage of any measure. Committees shall be in one of two categories: a. A controlled committee is one which is under the direct control or guidance of a candidate. There shall only be one controlled com- mittee for each candidate. b. An independent committee is any other committee, including a committee supporting or-opposing the passage of a measure. 5. "Contribution" means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received unless it is clear from the surrounding circumstances that it is not made for political 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 i the candidate as well as discounts or _rebates granted by television and radio stations and newspapers not extended on an equal basis to all can- didates 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 Section 2804.3.C. The term "contribution" further includes any transfer of any thing 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 foregoing definition of "contribution ", 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 compen- sation 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 consid- eration. Rev. 8/81 23D 6. "Election" means any general or special municipal election of the City of San Luis Obispo. 7. "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. - 8. "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. 9, "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. SECTION 2803. Campaign Treasurer. 1. Each candidate and committee shall appoint a campaign treasurer. A candidate may serve as the treasurer_ for the_campaign or for the controlled committee. 2. Each appointed treasurer shall be responsible for complying with the requirements of Title 9 of the California Government Code in addition to comply with the provisions of this Chapter. SECTION 2804. Contributions. 1. Transmittal to Campaign Treasurer. All persons who receive con - tr butions 'on':behalf of-a. candidate or committee_shall'. transmit said 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 hereinafter provided. 2. 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 provi- sions of this Chapter. 3. Prohibitions. a. No person, other than a candidate and the candidate's im- mediate family, shall make and no campaign treasurer shall solicit or accept any contributions. which such person or 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 the candidate to exceed One Hundred Dollars ($100). Rev. 8/81 r... 23E b. No person shall make a contribution for any other person under an assumed name or under the name of any other person. c. Contributions, not to exceed a total of Ten Dollars ($10), from any one person or source, are permitted to be retained by a candidate or any committee including a committee supporting or oppos- ing the passage of a measure, when received from anonymous sources or from persons who do not consent to having their name made known. Any amount in excess of Ten Dollars ($10)_shall be turned over to the City Clerk and deposited to the City's treasury. d. Except as provided in Subsection 3.c above, no person shall knowingly accept any contribution in excess of "Ten Dollars ($10) without obtaining the name and address of the person making the con- tribution. e. For purposes of this section a contribution shall be deemed received at the time of actual receipt by the Treasurer. f. No person shall make or accept any contribution in excess of Ten Dollars ($10) after 5:00 p.m., Tuesday, 7 days preceding the day of election, except that a candidate and the candidate's im- mediate family shall be permitted to make additional contributions to the candidate or the controlled committee. g. 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. SECTION 2805. Election Campaign Accounts. 1. Election Campaign Account. Each campaign treasurer and any commit- tee that receives or expends more than Two Hundred Dollars ($200) shall open a checking account at any bank within the City of San Luis Obispo. Said account shall be identified.as the election campaign account. 2. 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. 3. Expenditures. Campaign expenditures shall be made only by checks drawn against the election campaign account by the campaign treasurer or authorized agent. a. 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 ($150) total amount in any one election. b. Funds in the for.any purpose to be or any other person. election campaign account shall not be considered personal funds of a candidate, campaign treasurer, Rev. 8/81 23F 4. Access to Records by City Clerk. The City.Clerk shall -have full access to all reasonable hours to the bank's records concerning all election campaign accounts. 5. Disbursement of Unexpended Campaign Funds. If the final campaign statement for a candidate or any committee discloses an unexpended campaign surplus, the campaign treasurer shall within seventy (70) days after the election disburse the whole of said surplus to the City of San Luis Obispo and /or to non - profit organizations of the campaign treasurer's choice within the City. 6. Closing of Account. Within (70) days after the election, the campaign treasurer shall close the election campaign account and shall file .-a statement with the City Clerk verifying said closure and listing the donees of all disbursements authorized by Subsection 5 above, and the dollar amounts given to each donee. 7. Retention of Records. The campaign treasurer shall retain all campaign records for a period,of four (4) years after the election. SECTION 2806. Campaign Statements. 1. Required Filing Schedule. Each campaign treasurer, including the campaign treasurer of a committee supporting or opposing the passage of a measure, shall file with the City -Clerk ,,.camp.iign_-�s tat emeAts .accoiding -to the following schedule: a. State campaign statements shall be filed as required by the provisions of Title 9 of the California Government Code. b. A city campaign statement shall be filed no later than 5:00 p.m. Wednesday, preceding the day of the election. The closing date of this statement shall be 5:00 p.m., Tuesday, one week before the election. 2. Contents. a. Each state campaign statement filed shall contain the informa- tion required under the provisions of Title 9 of the California Government Code. b. The city campaign statement shall consist of: ;1� (1) The name, address and amount of the contribution for each person contributing more than Ten Dollars ($10). (2) The name and address for each_person contributing Ten Dollars ($10) or less and who consented_to publication._ —� (3) The total amount received from anonymous sources and from persons contributing Ten Dollars ($10) or less who have not con- sented to publication. 3. 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. Rev. 8/81 23G 4. No Fee for Filing. No fee or charge shall be imposed for the filing of any document required to be filed hereunder. 5. Publication. The City Clerk shall publish the following infor- mation for each candidate and committee in all issues of a newspaper of general circulation within the City on the Saturday preceding the election: a. Total receipts. b. Total expenditures. c. Contributions: (1) The name of each person contributing Fifty Dollars ($50) or more with the amount contributed, but without address. (2) The name of each person contributing less than Fifty Dollars ($50), without amount or address, provided that those who contribute Ten Dollars ($10) or less consent to the publication of their names. Such consent must be obtained by the campaign treasurer or authorized agent. 6. Retention for Public Record. The City Clerk shall retain all campaign statements and all other records required by this Chapter for four (4) years after the election. 7. In Lieu Statement. Whenever any provision of this Chapter requires the filing of a 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 ($200) has been received or expended on behalf of or in support of a candidate or in supporting or opposing the passage of a measure. SECTION 2807. Duties of City Clerk. 1. Duties. In addition to any other duties required of the City Clerk under this Chapter, the City Clerk shall: a. Prescribe and furnish, without charge, appropriate forms for all campaign statements, documents, and reports required to be filed by this Chapter. b. Determine whether required statements and declarations have been filed and, if so, whether they conform on their face with the requirements of this Chapter. c. Notify promptly all persons who have failed to file a state- ment in the form and at the time required by.this Chapter. d. Report, in writing, apparent violations of this Chapter to the City Attorney. e. Compile and maintain a current list of all filed statements pertaining to each reporting committee. 23H: ..Rev: 8/81 f. Permit a candidate to add to the statement of qualifications the candidate's stand on local issues, not to exceed 400. words in and of itself, which addition shall be presented on or before a date to be established by the Clerk. Such.combined statements shall be printed and distributed at City expense. 2. Obtaining Additional Help or Services. The City Clerk is author- ized and directed to hire part -time help, contract for services, and pur- chase supplies as the Clerk deems necessary to.carry out the additional duties imposed on the Clerk's office by this Chapter. Within seventy - five (75) days after each election, the City Clerk shall provide the City Council with a detailed report of the . totral. idirect .::atld-Ii:.ridir_ect_;.1,1-lbor, materials, and other costs incurred by the Clerk's office in performing such additional duties. SECTION 2808. Enforcement. 1. The City Attorney shall enforce all provisions of this Chapter. 2. Notwithstanding the provisions of Subsection 3 below, any person may sue for injunctive relief to enjoin violations or to compel compliance with this Chapter. 3. 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 (10) days after receipt of the request indi- cating whether he intends to file a civil action. If the City Attorney indicates in the affirmative and files suit within thirty (30) days there- after, no other action may be brought unless the action brought by the City Attorney is dismissed without prejudice.. 4. Prosecution for violation of this.Chapter must be commenced with- in two (2) years of the time the alleged violation occurred. 5. The court may award to a plaintiff or a defendant, whoever pre- vails, other than the City of San Luis Obispo, the costs of litigation in- eluding reasonable attorney's fees. SECTION 2809. Penalties. 1. Criminal Penalties. a. Any person who knowingly and willfully violates any provision of this Chapter is guilty of a misdemeanor. b. For each conviction under this Chapter, the court may impose the penalties provided by the general laws, which penalties may include a fine of not more than Five Hundred Dollars ($500) or imprisonment in s the County Jail for a period of not more than ninety (90) days, or both. 2. Civil Penalties. a. 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. < ,.'�, 1. •.... -..':,S.0 is .'i _1 �,.. .. <•,i: ;47,u,;hi , .. �... yNr,i�r:v Rev. 8/81 23I b. Notwithstanding the provisions of Subsection,2.a above, 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 ($500) or three (3) times the amount of the unlawful contribution or expenditure, whichever is greater. c. In determining the amount of liability under Subsections 2.a and 2.b above, the court may take into account the seriousness of the violation and the culpability of the defendant. If a judgement is enter- ed against a defendant or defendants in an action under the Subsections noted above, the plaintiffs, other than the City of San Luis Obispo, shall receeve fifty percent (50 %) of the amount recovered. The remaining fifty percent (50 %) shall be deposited in the treasury of the City of San Luis Obispo. In an action initiated by the City Attorney, the entire amount recovered shall be paid into the treasury of the City of San Luis Obispo. 3. Effect of Violation. a. 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. b. 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 said.election. c. No person convicted under the provisions of this Chapter shall be a candidate for an elective City office for four (4) 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. d. 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. e. 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'. SECTION 2810. Construction. 1. 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 Govenment Code shall govern the interpreta- tions of terms used in this Chapter. This Chapter shall be construed liberally in order to effectuate its purposes. 2. 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. SECTION 2811. Council Study Committee. 1. Appointment. At the first regular meeting in January, 1986, the Council shall appoint a committee of at least five (5) citizens to study the efficacy of this Chapter. Said committee shall begin its deliberations on or before January 31, 1986, and reports its findings and recommendations to the Council within ninety (90) days thereafter. SECTION 2812. Expiration. 1. Unless readopted, this Chapter shall expire on June 30, 1986. Rev. 8/81 23K