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Home My WebLink AboutItem 6.4 Rev2.28MuniCd e e CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: september 27, 1993 SUBJECT: PUBLIC HEARING Regarding Revision of Chapter 2.28 of the Dublin Municipal Code (Campaign. contribution Limitation Ordinance) Report Prepared by Elizabeth Silver, City Attorney and Kay Keck, City Clerk EXHIBITS ATTACHED: 1~prdinance Amending DMC Chapter 2.28 2)/COPY of Existing DMC Chapter 2.28 3) Reporting Form Certifying Compliance RECOMMENDATIO~ : . .. .. .. .. Open public hearing Receive Staff presentation Receive Public testimony Close public hearing Deliberate Waive reading and INTRODUCE ordinance FINANCIAL STATEMENT: None DESCRIPTION: At the August 9th City Council meeting, the Council directed Staff to prepare an amendment to the City's Ordinance regulating election campaign contributions, codified as Chapter 2.28 et seq. of the Dublin Municipal Code. The Ordinance generally limits a person's campaign contributions from a single source to $300 per election period. The Ordinance is unclear with regard to contributions made between election periods, during "off-years". The Council provided further direction regarding the Ordinance at its September 12th meeting, suggesting a limit of $1,000 per election for both the office of mayor and the office of councilmember. Federal law limits contributions to an "election". In Federal elections, no person is allowed to make a contribution to any candidate or candidate's authorized political committee with respect to any election for Federal office which exceeds $1,000. The $1,000 limit applies per each election (primary and general), regardless of when the contribution is made. Federal limits have been upheld by the courts. (Buckley vs. Valeo, 424 U.S. 1, 96 S. ct. 612, [1976].) In contrast, the State limitation on campaign contributions enacted by Proposition 73, which limited contributions to $1,000 per fiscal year, has been held to violate the First Amendment. (Service Em~loyees International Union vs. Fair Political Practices Commission 955 F. 2d 1312 [9th Cir. 1992].) A. CURRENT ORDINANCE Dublin Municipal Code (DMC) Section 2.28.030 states that "No person shall, during an election period, make any contribution or contributions to a candidate or committee which exceeds the cumulative amount of three hundred dollars ($300)." An election period is defined as "that period of time commencing July 1st, preceding the date of any municipal election, and ending June 30th, immediately following such municipal election" (DMC section 2.28.020). Based upon this definition, the electibn period for the November 1992 election was July 1, 1992 to June 30, 1993. The election period for the November 1994 election will be July 1, 1994 to June 30, 1995. This leaves an off-year period or periods during which it is unclear whether the DMC limits campaign contributions. ---------------------------------------------------------------------- ITEM NO. -6.4 COPIES TO: CITY CLERK FILE ~, e e AGENDA STATEMENT: Amendment campaign Contribution Limitation Ordinance Page 2 The Ordinance (Section 2.28.030[B)) states it is not applicable to ballot measures. This reference would include initiatives, referenda, or recall elections, as well as advisory measures. B. PROPOSED AMENDMENTS The proposed amendments to Chapter 2.28 would revise the Ordinance to restrict a person or committee to making a contribution or contributions in excess of $1,000 with respect to any municipal election for the office of Mayor or Councilmember. The proposed Ordinance amendments follow the Federal Model of restricting contributions to an election, not to a fiscal year. A new definition would be added, following Federal regulat.ions (11 CFR section 110.1), to provide that a contribution is made "with respect to" an election if it is designated for the election or, if not so designated, it will be assumed it is for the next election. Again, following Federal regulations, the draft ordinance would limit contributions after an election to no more than necessary to pay campaign debt. In addition, to tie in with state reporting requirements, it would allow contributions after an election through June 30 following the election. A person or committee could, thus, contribute a total of $1,000 to any candidate for mayor, whether the contribution is made before or after the election. The same dollar limitation ($1,000) would apply to elections for the office of councilmember, even though those offices are filled every four years. The $1,000 limit is the total which may be contributed and collected; for example, if $500 is contributed in October 1993, and $500 is contributed in March 1994 to a candidate for Council in the November, 1996 election, no further contributions may be made or accepted with respect to the November, 1996 election from that person. Or, if an individual contributed $800 to a candidate for Mayor in October 1994 and $200 in December 1994, for the November 1994 election, the $200 could only be accepted if the candidate had a campaign debt of at least $200. It should be pointed out that any individual who intends to be a candidate for local elective office must file a Candidate Intention Statement (Form 501) PRIOR to the solicitation or receipt of any contribution or loan, and prior to use of any of the candidate's personal funds in support of his/her campaign. The draft ordinance includes a limitation of $1,000 per election for candidates for both Councilmember and Mayor. The ordinance can be revised to reflect a different dollar limitation and/or to reflect a different dollar limitation for the two different offices. Staff recommends that the Council conduct a public hearing; deliberate; waive the reading and INTRODUCE the ordinance. e e CITY OF DUBLIN ordinance No. -93 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS The City Council of the City of Dublin does ordain as follows: section 1 section 2.28.020 of the Dublin Municipal Code is amended to read as follows: section 2.28.020 Definitions For the purpose of this chapter, definitions codified in the Political Reform Act, beginning at Government Code section 82000, et seq., shall apply with the addition of the following: "Election period" menn3 that period of time commencing July 13t, preceding the date of any municipnl election, and ending June 30th, immediately follo\;ing 3uch municipal election. There 3hall be a 3eparnte "election period" for each municipal election. (Ord. 21 07 ~ 2) IIIli.fiIItIIIl.~II.II("" :WW*:P:b.:::::::p:~~lg#:g::::::~9:::::~:::::::g;w.ng:+,@l:::@:+:~gim:!@:n'~~dn.s~ni~t:f:: not i,m'il!tll1iil.1ili_IIIK Section 2 Section 2.28.030 the Dublin Municipal Code is amended to read as follows: e e section 2.28.030 Limitations on contributions A. No person shall, during un election period, make any contribution or contributions to a candidate or committee which exceed the cumulative amount of three hundred dollursgp@:::::;pq9.ig~fi!n.g]:::I($W.Q:~lQ:)d$300), nor shall any such contr ihiit::I6'ri"6i'''66i1'trIbtitIons which exceed the cumulative amount of three hundred dollars (C300)gp@ !!~!!l~!!!~:!~~ b~~~~~~~_Bi~_ik1jy~i_~... 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, nor shall said prohibition apply to contributions made by a candidate to his or her campaign. section 3 Section 2.28.040 the Dublin Municipal Code is amended to read as follows: section 2.28.040 Filing of verified declaration. A. To insure full compliance with this chapter, 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 dol Iura ~i~~~'illlllll!~~q!'!!!'!~Ep~~~~d~ny person duringnwln B. The declaration required by subsection A of this section shall be filed with the city Clerk with each preelection statement filed pursuant to state law and with the semi-annual statements required to be filed pursuant to state law. section 4 - Effective Date and postinq 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 , 1993, by the following vote: AYES: e 2.28.010 Chapter 2.28 CAMPAIGN CONTRIBUTIONS Sections: 2.28.010 2.28.020 2.28.030 Findings and purpose. Definitions. Limitations on contributions. Filing of verified declaration. Violation- Penalty. 2.28.040 2.28.050 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 inter- est to place realistic and enforceable lim- its on the amounts which may be contributed to political campaigns in municipal elections. (Ord. 21-87 9 1) 2.28.020 Definitions. For the purpose of this chapter, defini- tions codified in the Political Reform Act, beginning at Government Code Sec- tion 82000, et seq., shall apply with the addition of the following: "Election period" ,means that period of time commencing July 1st, preceding the date of any municipal election, and ending June 30th, immediately following such municipal election. There shall be a separate "election period" for each municipal election. (Ord. 21-87 9 2) e '''''--'"''' 2.28.030 Limitations on contributions. A. No person shall, during an election period, make any contribution or contri- butions to a candidate 'or committee which exceed the cumulative amount of three" hundred dollars ($300); nor shall any such contribution or contributions which exceed the cumulative amount of three hundred dollars ($300) be accepted by any candidate or committee from any person. B. The prohibitions stated in subsec- tion A of this section shall not apply to contributions made or received in sup- port of, or in opposition to, a ballot mea- sure, nor shall said prohibition apply to . contributions made by a candidate to his or her campaign. (Ord. 21-87 9 3) 2.28.040 Filing of verified declaration. A. To insure full compliance with this chapter, each candidate shall execute a declaration under penalty of perjury on a ' form provided by city stating that such candidate did not receive any contribu- tion or contributions totaling more than three hundred dollars ($300) from any person during any election period. B. The declaration required by sub- section A of this section shall be filed with the City Clerk with each preelection statement filed pursuant to state law and with the semi-annual statements required to be filed pursuant to state law. (Ord. 21.87 S 4) >(. ',:: ....:...-/ 2.28.050 Violation-Penalty. A. Violation of any provision of this chapter is a misdemeanor punishable by a fine not to exceed five hundred dollars ,--,' 32 e ($500) or imprisonment for a tenn not exceeding six (6) months, or by both such fme and imprisonment. B. Whether ornot a violation is inadver- tent, negligent, or deliberate in the presence or absence of good faith, shall be consid- ered in applying the penalties of this chap- ter. (Ord. 21-87 9 5) e 2.28.050 ,33 (Dublin 8-91) gg~ggHg~ggggggHgHg~gHHHHHHHggggHggHggg;ggg;gggggggg;gggggg;gg;ggggggg;ggg;;ggg;ggg;ggggggggggg;ggggg;ggg;gggggg CITY OF DUBLIN Municipal Code Chapter 2.28 et seq. Ordinance No. - 93 Ordinance No. - 93 limits campaign contributions during an election period to a total cumulative amount of $1,000 from any person. To insure full compliance with this Ordinance, each candidate/office holder shall execute a declaration under penalty of perjury on a form provided by the City Clerk stating that such candidate/office holder did not receive any contribution or contributions totaling more than one thousand dollars ($1,000) from any person with respect to an election period. The declaration required 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. This form is filed with my (pre-election/ /semi-annual statement) and relates to the office of (Mayor/ /Councilmember) . I, , hereby certify under penalty of perjury that I understand the limitations discussed herein and further that I have complied with said limitations. (Signature) (Date)