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HomeMy WebLinkAbout6.5 Repeal Campaign Contribution Ordinances � so CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 23, 1987 SUBJECT PUBLIC HEARING Ordinance Repealing Campaign Contribution Ordinances No. 1-84 and No. 3-84 EXHIBITS ATTACHED Memoranda from Assistant City Attorney dated March 3, 1987, February 26, 1987 and February 13, 1987; Draft Ordinance; Ordinances No. 1-84 and No. 3-84 RECOMMENDATION 1) Open Public Hearing 2) Hear Staff Presentation 3) Hear Testimony from the Public 4) Close Public Hearing 5) Waive Reading and Adopt Ordinance FINANCIAL STATEMENT: None DESCRIPTION' At its meeting of March 9, 1987, the City Council introduced an ordinance which would limit the maximum campaign contribution to $300 from any one source during an election period. Both special elections and general elections would be covered by the ordinance. This Ordinance provides that there shall be a separate election period for each municipal election. The effect of this language would allow a candidate to receive up to $300 in a general election from one source as well as receive another $300 contribution from that same source for a special election, which is conducted within the same year. Staff recommends that the City Council waive the reading and adopt the ordinance. ---------------------------------------------------------------------------- COPIES TO: ITEM NO. MEYERS, NAVE, RIBACK cR. WEST MICHAEL R.NAVE ATTORNEYS AT LAW PENINSULA OFFICE STEVEN R.MEYERS NATALIE E.WEST CIVIC CENTER COMPLEX 1220 HOWARD AVE..SUITE 250 , ELIZABETH H.SILVER 835 EAST 14TH STREET BURLINGAME,CA 94010 MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 (415)348-7130 (415)577-3333 MARIN OFFICE OF COUNSEL 1202 GRANT AVE..SUITE E THOMAS F.BERTRAND NOVATO.CA 94947 (415)892-8878 MEMORANDUM REPLY TO: TO: Richard Ambrose, City Manager DATE: 3/3/87 FROM: Elizabeth H. Silver, Assistant City Attorney RE: Proposed Campaign Contribution Ordinance The attached ordinances have been revised by adding to Section 2 (a) the last sentence which makes it clear that there is a separate "election period" for each municipal election. Thus, if both a general election and a special election occur within the same "election period" the $300 limitation applies separately to each election. Elizabe h H. Silver EHS:dp ECEIVt! Q Attachments IMAR 04 ,CITY OF DUBLIN MEYERS, NAVE, RIBACK & WEST MICHAEL R.NAVE ATTORNEYS AT LAW PENINSULA OFFICE STEVEN R.M EST CIVIC CENTER COMPLEX 1220 HOWARD AVE.,SUITE 250 ELIZABETH E.WEST BURLINGAME,CA 94010 ELIZABETH H.SILVER 835 EAST 14TH STREET (4t5)3a8-7130 MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 (415)577-3333 MARIN OFFICE OF COUNSEL 1202 GRANT AVE.,SUITE E THOMAS F.BERTRAND R E C E B OOVATO.CA 94947 (415)892-8878 MAR 21981 REPLY TO: CITY OF DUBLIN MEMORANDUM TO: Richard Ambrose, City Manager DATE: 2/26/87 FROM: Elizabeth H. Silver, Assistant City Attorney RE: Proposed Campaign Contribution Ordinance A question was raised at the Council meeting on February 23 regarding whether the phrase "municipal election" in the draft campaign contribution ordinance would include a special election as well as a general election. In my opinion "municipal election" includes both a general and a special municipal election. "Election" is defined in Section 19 of the Elections Code to mean any election and "general election" and "special election" are defined separately. Elections Code H 20 and 27. Thus "municipal election" includes both the general and a special election. It is not necessary to refer in the ordinance to general and special elections. Elizabeth H. Silver EHS:dp ( MEYERS, NAVE, RIBACK & WEST MICHAEL R.NAVE ATTORNEYS AT LAW PENINSULA OFFICE STEVEN R.MEYERS CIVIC CENTER COMPLEX 1220 HOWARD AVE..SUITE 250 NATALIE E.WEST ELIZABETH H.SILVER 835 EAST 14TH STREET BURLINGAME.CA 94010 MICHAEL S.RIBACK SAN LEANDRO,CALIFQRNIA 94577 (415)348-7130 (415)577-3333 MARIN OFFICE OF COUNSEL 1202 GRANT AVE..SUITE E THOMAS F.BERTRAND NOVATO.CA 94947 (415)892.8878 MEMORANDUM REPLY TO: TO: Richard Ambrose, City Manager DATE: 2/13/87 FROM: Elizabeth H. Silver, Assistant City Attorney RE: Campaign Contribution Ordinance Enclosed is the ordinance which would repeal the current campaign contribution ordinance (numbers 01-84 and 03-84 ) and would place a limitation of $300 on the amount any one person (as defined in the Political Reform Act, Government Code § 82047 ) can accept during an "election period. " I have defined "election period" to be that period of time commencing January 1 and ending December 31 . The alternate ordinance defines the "election period" as July 1 to June 30. - Section 4 of the ordinance requires each candidate to file a declaration with the City Clerk stating that the candidate has not received more than $300 from any one person during the election -period. This will be filed with the Clerk with each pre-election statement and with the semi-annual statements which must* be filed by July 31 and January 31 . The reason for this declaration is that only contributions of $100 or more must be reported under the Political Reform Act; hence a person could contribute $250 by check, which would be reported, and $75 by check which would not need to be reported, and could thus avoid the $300 maximum. The $250 contribution would appear on the candidate' s cumulative statement filed on or before January 31 but the $75 contribution would not. The purpose of the declaration is to re�juire the candidate to state under oath that he or she has not received more than the maximum amount of $300 . The burden is thus on the candidate to keep adequate records to assure compliance with the ordinance . We can prepare a form for the declaration which the City Clerk can give to candidates when they take out their initial papers. The proposed ordinance does not contain specific filing requirements. The filing requirements of the Political Reform Act thus apply, both as to amounts reportable, periods covered and filing dates. After adoption, a copy of the ordinance ;must be sent to the FPPC, 428 J Street, Suite 800 , Sacramento, CA 95814 , Attention: Jeanette Turvill (Government Code § 81009 .5 ) . i Elizabeth H. Silver EIS:cw Enclosure ORDINANCE NO. -87 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING ELECTION CAMPAIGN CONTRIBUTIONS AND REPEALING ORDINANCE NUMBERS 01-84 and 03-84 The City Council of the City of Dublin does ordain as follows : ARTICLE 1. GENERAL Section 1 . FINDING AND PURPOSE . Pursuant to the authority granted to the City Council of the City of Dublin in Government Code Section 81013 permitting the imposition of additional local requirements to the Political Reform Act of 1974, the City Council hereby 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. Section 2 . DEFINITIONS . For the purpose of this ordinance, definitions codified in the Political Reform Act, beginning at Government Code Section 82000, et seq. , shall apply with the . addition of (a) below: (a) "Election period" shall mean that period of time commencing July 1, preceding the date of any municipal election, and ending June 30, immediately following such municipal election. There shall be a separate "election period" for each municipal election. Section 3 . LIMITATIONS ON CONTRIBUTIONS. (a) No person shall, during an election period, make any contribution or contributions to a candidate or committee which exceed the cumulative amount of Three Hundred Dollars ($300.00 ) ; nor shall any such contribution or contributions which exceed the cumulative amount of $300.00 be accepted by any candidate or committee from any person. (b) The prohibitions stated in subsection (a) above shall not apply to contributions made or received in support of, or in opposition to, a ballot measure, nor shall said prohibition apply to contributions made by a candidate to his or her campaign. Section 4. FILING OF VERIFIED DECLARATION. (a) To insure full compliance with this ordinance, each candidate shall execute a declaration under penalty of perjury on a form provided by City stating that such candidate did not receive any contribution or contributions totaling more than Three Hundred Dollars ($300.00 ) from any person during any election period. (b) The declaration required by subsection (a) 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 5. PENALTIES . Violation of any provision of this ordinance is a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00 ) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. 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 ordinance. Section 6 . REPEAL. Dublin Ordinance Numbers 01-84 and 03-84 are hereby repealed. Section 7 . EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage . 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 Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of 1987, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City City Clerk ~� ORDINANCE NO. 01-84 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. FINDING AND PURPOSE Pursuant to the authority granted to the City Council of the City of Dublin in Government Code Section 81013 permitting the imposition of additional local requirements to the Political Reform Act of 1974, the City Council hereby 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 that candidates and treasurers of committees aiding such candidates make a full and fair declaration containing a disclosure of the persons making contributions, the amounts of such contributions, the persons to whom expenditures are made, and the amounts of such expenditures. Section 2. DEFINITIONS For the purpose of this article, definitions codified in the Political Reform Act beginning at Section 82000 , et seq. , shall apply to this article, with the addition of (c) below and the following additional requirements to (a) and (b) below. (a) "Campaign statement" means an itemized statement prepared in duplicate by a candidate and by the treasurer of each. committee showing, in addition to matters otherwise required by law, the following information: (1) The name, complete mailing address, occupation, and place of employment, and business address if self-employed, of any person who paid, loaned, contributed or otherwise furnished Twenty-Five and 01/100 Dollars ($25.01) or more, or its equivalent to the candidate or treasurer for the candidate or to each committee as defined in (b) below for the use of such candidate or such treasurer, directly or indirectly, in aid of the candidate' s election, or for the qualification, passage or defeat of any measure, and the amount, in detail, of such money or its equivalent each such person paid, loaned, contributed, or otherwise furnished. (2) The purchase of any tickets, cumulatively totaling Twenty-Five and 01/100 Dollars ($25.01) or more for any fund-raising event regardless of number purchased, value of each ticket, or frequency of purchase, is subject to the provisions of (a) (1) above. (3) Donation of Twenty-Five and 01/100 Dollars ( $25 .01) or more to any "kitty" at any campaign event is subject to the provisions of (a) (1) above. (4) All expenditures in excess of Twenty-Five and 01/100 Dollars ($25.01) shall be itemized in detail with the amount and names of persons and/or concerns where the monies were expended. (5) This definition also modifies "Contents of a Campaign Statement" codified at Government Code Section 84210 with regard to additional city requirements. (b) "Committee" means (1) a committee, person, or group of persons organized for the purpose or charged with the duty of conducting or aiding the election campaign, including fund-raising events, or any candidate for municipal office of the City of Dublin, or for the support or defeat of a measure under consideration in the City of Dublin; (2) any committee, persons, or group of persons aiding directly or indirectly any candidate, measure, or committee as defined in (1) , whether or not originally organized for election campaigns. (c) "Election period" is defined as that period of time commencing on the 58th day following a general, municipal or special municipal election in which there were municipal . candidates or measures and extending to the close of the fifth day before the next preceding general, municipal or special municipal election in which there were municipal candidates or measures. Section 3. CONTRIBUTIONS (a) No contribution shall be accepted by any candidate or committee except during an election period. (b) No person or committee shall, during an election period, make any contribution or contributions which exceed the maximum amount of One Hundred Dollars ($100 .00) ; nor shall any such contribution be accepted by any person or committee. (c) The prohibitions stated in subsection (b) above shall not apply to contributions made or received in support of, or in opposition to, a ballot measure, nor shall said prohibition apply to contributions made by a candidate to his or her campaign for the payment of an election filing fee and/or candidate statement. Section 4 . FILING OF VERIFIED CAMPAIGN STATEMENT To insure full disclosure, each committee or its treasurer shall disclose all expenditures on behalf of the candidate to the candidate or his or her treasurer not later than one (1) business day after the expenditure. -2- Cumulative preliminary campaign statements shall be filed by the following dates by the candidate and each committee: (a) No later than forty (40) days prior to the election; this report closes forty-three (43) days prior to the election. (b) No later than twelve (12) days prior to the election; this report closes fifteen (15) days prior to the election. (c) An additional final contributions disclosure statement shall be filed with the City Clerk during regular business hours five (5) days prior to the election; this report closes on the date of filing. The report is in addition to the reports required to be filed under state law in Government Code Section 84200 . (d) The final post-election campaign statement shall be filed sixty-five (65) days after election, or in the case of a successful candidate, not later than the day preceding the day on which he or she takes office. The statement shall close seven (7) days prior to filing deadline. (e) Each committee supporting or opposing a measure shall file its additional city requirements on the due date of the state forms. Its final contribution disclosure statement shall be filed in accordance with Section 2.52 (c) . Section 5 . DEADLINE FOR CONTRIBUTIONS No contributions may be accepted after the filing of the final contributions disclosure statement described in Section 4 (c) . Section 6. PENALTIES Violation of any provision of this Ordinance is a misdemeanor punishable by a fine not to exceed .Five Hundred Dollars ( $500 .00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. Further, the expenditure by any person or committee or any money, services or materials of any kind on behalf of a candidate by any person or committee without the written permission in advance of the candidate or his or her treasurer shall be a misdemeanor punishable by a payment of a fine in an amount equal to triple the expenditure involved, but not to exceed Five Hundred Dollars ( 5500 .00) , or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. Failure by any candidate or his or her treasurer to file on or before the fifth day before the election will disqualify that candidate for election to office, unless -3- such report is filed on ,the next working day accompanied by a later penalty filing charge of One Hundred Dollars ($100.00) . No late report will be accepted without the penalty filing charge. Willful failure to f ile on or before the day before taking office by a successful candidate will cause the loss of his or her seat, whereupon the unsuccessful candidate with the highest number of votes shall replace that person subject to a complete filing within ten (10) days of . notification. Whether or not a violation is inadvertent, negligent, or deliberate in the presence or absence of good faith, shall be considered in applying the remedies and sanctions of this Ordinance. Section 7. IMMEDIATE EFFECT This Ordinance affects an election and is an urgency ordinance pursuant to Government Code Section 36937 . Section 8. POSTING OF ORDINANCE 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 Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 9th day of January, 1984, by the .following votes: AYES: Councilmembers Drena, Jeffery and Mayor Snyder NOES: Councilmembers Hegarty and Moffatt ABSENT: None y May,. ATTE City Cler -4- ORDINANCE NO. 03-84 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 01-84 REGULATING CAMPAIGN CONTRIBUTIONS BY EXEMPTING THEREFROM CONTRIBUTIONS MADE BY CANDIDATES TO THEIR OWN CAMPAIGNS THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. AMENDMENTS (a) Section 2 (a) (5) of Dublin Ordinance No. 01-84 is amended to read as follows: "This definition also modifies "Contents of a Statement" codified at Government Code Section 84211. " (b) Section 3 (c) of Dublin Ordinance .No. 01-84 is amended to read as follows: "The prohibitions stated in subsection (b) above shall not apply to contributions made or received in support of, or in opposition to, a ballot measure, nor shall said prohibition apply to contributions made - by a candidate to his or her campaign. " (c) Section 4 (e) of Dublin Ordinance No. 01-84 is amended to read as follows: "Each committee supporting or opposing a measure shall file its additional city requirements on the due date of the state forms. Its final contribution disclosure statement shall be filed in accordance with Section 4 (c) ." (d) Section 9 is added to Dublin Ordinance No. 01-84, and reads as follows: " Section 9. SEVERABILITY If any part of this Ordinance or the application thereof to any person or circumstances is held invalid,. the remainder of the Ordinance and the application . of such provision to other persons or circumstances shall not be affected thereby. " Section 2. IMMEDIATE EFFECT b This Ordinance affects an election and is an urgency ordinance pursuant to Government Code Section 36937. Section 3. POSTING OF ORDINANCE 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 Government Code of the State of California. PASSED AND ADOPTED by - the City Council 'of the City of Dublin on this 23rd day of January, 1984, by the following votes: AYES: Councilmembers Drena, Jeffery and Mayor Snyder NOES: Councilmembers Hegarty and Moffatt ABSENT: None Mayor ell ATTEST: City Clerk -2-