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HomeMy WebLinkAbout0678ORDINANCE NO. 678 (1976 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE MUNICIPAL CODE BY REPEALING ARTICLE IV, CHAPTER 5, SECTIONS 4500 THROUGH 4514, AND ADDING ARTICLE II, CHAPTER 8, ELECTION CAMPAIGN REGULATIONS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article IV, Chapter 5, Sections 4500 through 4514, of the San Luis Obispo Municipal Code, An Ordinance for the Regulation of Contributions and Expenditures in Municipal Elections, is hereby repealed in full. SECTION 2. Article II, Chapter 8, Sections 2800 through 2812, of the San Luis Obispo Municipal Code, Election Campaign Regulations, are hereby adopted to read as follows: (See attached text.) SECTION 3. 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 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. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo as a Regular Meeting thereof held on the 16th day of August 1976, on motion of Councilman Petterson and on the following roll call vote: seconded by Councilman Graham , AYES: Councilmen Graham, Petterson and Mayor Schwartz NOES: Councilman Norris ABSENT: Councilman Gurnee ATTEST: 1 'e —T Approved as to form: DAVIS, WENDT MITCHELL & SINSH � By Allen Grimes App roved as to content: City Administrative 0 Nicer M. At FINALLY PASSED this 7th day of September 1976 by the following roll call vote: AYES: Councilmen Gurnee, Graham, Petterson and Mayor Schwartz NOES: Councilman Norris ABSENT: None ATTEST: LERK - J. H. Fitzpatrick r ARTICLE II, CHAPTER 8 ELECTION CAMPAIGN REGULATIONS Ordinance No. 678(1976 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 in the exercise of his 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 reflect all contributions received and expenditures made through the closing date specified in Section 2806 herein. 2. "Campaign treasurer" means the duly appointed representative re- sponsible 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. ktm 7/23/76 r; • 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. ktm 7/23/76 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 contributions or make expenditures or con- tributions 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 con- trolled committee 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 pay- ment 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 com- mittee, unless full and adequate consideration is received for making the expenditure. The term "contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund raising events; the candidate's own money or property used on behalf of his candidacy; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office. 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 in- dividual for his own travel expenses, if such payments are made voluntar- ily without any understanding or agreement that they shall be, directly or indirectly, repaid to him;.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 incurred on behalf of a candidate or committee without payment of full and adequate consideration. 6. "Election" means any general or special municipal election held in the City of San Luis Obispo. ktm 7/23/76 a� 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 a 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. "Immediate family" means the candidate's spouse and dependent children. 9. "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. 10. "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 appoint himself as campaign treasurer for his campaign or for his controlled committee. 2. Each appointed treasurer shall be responsible with complying with the requirements of Title 9 of the California Government Code in addition to complying with the provisions of this Chapter. SECTION 2804. Contributions. 1. Transmittal to Campaign Treasurer. All persons who receive con- tributions on behalf of a candidate or committee shall transmit said contri- butions 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 provisions of this Chapter. 3. Prohibitions. a. No person, other than a candidate and his immediate family, shall make and no compaign 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). b. No person shall make a contribution for any other person under an assumed name or under the name of any other person. ktm 7/23/76 ..- 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 opposing 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 contribution. e. No person shall make or accept any contribution in excess of Ten Dollars ($10) after the noon of the Wednesday preceding the day of election, except that a candidate and his immediate family shall be permitted to make any contributions to such candidate or his controlled committee. f. 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 committee that receives or expends more than Two Hundred Dollars ($200) shall open a checking account at a bank of his choice 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 his authorized agent. 3. Expenditures. Campaign expenditures shall be made only by checks drawn against the election campaign account by the campaign treasurer or his authorized agent. a. No campaign treasurer, nor his authorized agent, shall draw checks against the election campaign account except for campaign expenses, provided that the campaign treasurer or his 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 election campaign account shall not be con- sidered for any purpose to be, personal funds of a candidate, campaign treasurer, or any other person. 4. 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. ktm 7/23/76 G 4 _ 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 seventy (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 campaign statements according to the following schedule: a. Campaign statements shall be filed at the same times as are required by the provisions of Title 9 of the California Government Code. b. An additional 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 the election. 2. Contents. a. Each campaign statement filed shall contain the information required under the provisions of Title 9 of the California Govern- ment Code. b. Additional information, over and above that required by Title 9 of the California Government Code, shall be provided to the City Clerk on the noon of the Thursday preceding the day of the election, and shall consist of: (1) For each person contributing more than Ten Dollars ($10), the name, address and the amount of the contribution. (2) For each person contributing Ten Dollars ($10) or less and who has consented to publication, the name and address. (3) The total amount received from anonymous sources and from persons contributing Ten Dollars ($10) or less who have not consented to publication. ktm 7/23/76 3. Filing. Each document required to be filed herein shall be filed with the City Clerk at his office, during business hours, and else- where as may be required by Title 9 of the California Government Code. 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 in- formation 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 con- sent to the publication of their names. Such consent must be obtained by the campaign treasurer or his authorized agent. 6. Retention for Public Record. The City Clerk shall retain all campaign statements and all other reocrds 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 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 his 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 statement in the form and at the time required by this Chapter. ktm 7/23/76 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. f. Permit a candidate to add to his statement of qualifications his 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 estab- lished by the Clerk. Such combined statements shall be printed and distributed at City expense. 2. 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 Chapter. Within seventy -five (75) days after each election, the City Clerk shall provide the City Council with a detailed report of the total direct and indirect labor, materials, and other costs incurred by his 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 residing in the City of San Luis Obispo may sue for injunctive relief to enjoin violations or to compel compliance with this Chapter. 3. Any person residing in the City of San Luis Obispo 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 requrest shall include a statement of grounds for believing a cause for action exists. The City Attorney shall respond within ten (10) 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 (30) days thereafter, 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 within two (2) years of the time the alleged violation occurred. 5. 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. SECTION 2809. Penalties. 1. Criminal Penalties... a. Any person who knowingly and willfully violates any pro- vision 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 incude a fine of not more than Five Hundred Dollars ($500) or ktm 7/23/76 A imprisonment in 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 initiated by the City Attorney or by a person residing within the City of San Luis Obispo for an amount not more than the amount or value not properly reported. 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 initiated by the City Attorney or by a person residing within the City of San Luis Obispo for an amount up to Five Hundred Dollars ($500) or three (3) times the amount of the unlawful contribution or expen- diture, 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 judgment is entered against a defendant or defendants in an action under the Subsections noted above, the plaintiffs, other than the City of San Luis Obispo, shall receive fifty percent (50, %) of the amount re- covered. 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 his election, a candidate is convicted of a violation of any provision of this Chapter, the office shall become vacant im- mediately 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 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, his candidacy shall be terminated immediately and he 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 contenders" 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. ktm 7/23/76 ' ' 1 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 filed at the time of issuance of the certificate of election. SECTION 2810. Construction. 1. This Chapter is enacted pursuant to the authority provided in Section 83013 of the California Government Code and Section 22808 of the California Election Code and 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 inter- pretations 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 June, 1981, 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 June 30, 1981, 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 December 31, 1981. ktm 7/23/76