Loading...
HomeMy WebLinkAboutOrd 11-97 Campaign Contrib/ExpORDINANCE NO. 11 - 97 AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS AND EXPENDITURES FOR ELECTIONS The CitY Council of the City of Dublin does ordain as follows: SECTION 1. Chapter 2.28 of the Dublin Municipal Code is repealed and a new Chapter 2.28 is enacted to read as follows: "2.28.010 Findings and purpose. Pursuant to the authority granted to the City Council in Government Code Section 81013 permitting the imposition of additional local requirements to the Political Reform Act of 1974, the City Council finds that it is in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections and to allow candidates to voluntarily limit their expenditures. Section 2.28.020 Definitions. For the purpose of this chapter, definitions codified in the Political Reform Act, beginning at Government Code § 82000 et seq. shall apply. Section 2.28.030 Limitations on Contributions. A. N° person shall make to any candidate for local office, and no candidate shall accept from any person, a contribution or contributions totaling more than One Hundred Dollars ($100) for each election in which the candidate is attempting to be on the ballot, or is a write-in candidate. B. The prohibitions stated in subsection A of this section shall not apply to contributions made or received in support of, or in opposition to, a ballot measure, not shall said prohibitions apply to contributions made by a candidate to his or her campaign. Section 2.28.040 Declaration re: Compliance. A. To ensure full compliance with this chapter, each candidate shall execute a declaration under penalty of perjury on a form provided by the City Clerk stating that such candidate did not receive any contribution or contributions totaling more than One Hundred Dollars ($100) from any person with respect to an election. B. The declaration required by subsection A of this section shall be filed with the City Clerk with each pre-election statement filed pursuant to state law and with the semi-annual statements required to be filed pursuant to state law. Section 2.28.050 Voluntary Expenditure Ceiling. A. A volunta~ expenditure ceiling is established for candidates for local office of One Dollar ($1) per resident (as of January 1 of the election year,, based on State Department of Finance figures) for each election in which the candidate is attempting to be on the ballot or is a write-in candidate. B. Each candidate shall file a statement of acceptance or rejection of the voluntary expenditure ceiling with the City Clerk before accepting any contributions. C. Ifa candidate accepts the voluntmy expenditure ceiling, the contribution limit specified in Section 2.28.030(A) shall be raised to Two Hundred Fifty Dollars ($250). Section 2.28.060 Violation - Penalty. A. Violation of any provision of this chapter is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. B. Whether or not a violation is inadvertent, negligent, or deliberate in the presence or absence of good faith, shall be considered in applying the penalties of this chapter. SECTION 2. Severability. If any part of this ordinance or the application thereof to any person is held invalid, the remainder of the ordinance and the application of such provision to other persons shall not be affected thereby. SECTION 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Governmem Code of the State of Califomia. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 6th day of May, 1997, by the following vote: AYES: NOES: Councilmembers Burton, Howard, Lockhart and Mayor Houston Councilmember Barnes ABSTAIN: None ABSENT: None K2/G/5-6-97/orrlmoney. doc