HomeMy WebLinkAboutOrd 16-09 MuniCode Campaign ContributeORDINANCE NO. 16-09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO
CAMPAIGN CONTRIBUTIONS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 2.28 of the Dublin Municipal Code is amended to read as follows:
Chapter 2.28
CAMPAIGN CONTRIBUTIONS
Sections:
2.28.010 Findings and purpose.
2.28.020 Definitions.
2.28.030 Limitations on contributions.
2.28.040 Declaration re: compliance.
2.28.060 Violation-Penalty.
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.
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" means any municipal election, whether general or special, at which the offices of
Councilmember and/or Mayor are to be filled.
"With respect to a single election" means:
1. In the case of a contribution designated in writing by the contributor for a particular
election, the election so designated, provided that a contribution designated in writing for a
particular election may be made after the election and prior to June 30th following the election
only to the extent such contribution does not exceed net debts outstanding from the election.
2. In the case of a contribution not designated in writing by the contributor for a particular
election, the next election for the office after the contribution is made.
2.28.030 Limitations on contributions.
A. No person shall make any contribution or contributions to a candidate or committee which
exceeds the cumulative amount of five hundred dollars ($500), nor shall any such contribution or
contributions which exceed the cumulative amount of five hundred dollars ($500) be accepted
by any candidate or committee from any person with respect to a single election.
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Section 4. 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 prohibitions apply to contributions made by a candidate to his or her
campaign.
Section 4. The prohibition stated in subsection A of this section shall not apply transfers from
one campaign committee fund controlled by a candidate to another campaign
committee fund controlled by the same candidate.
2.28.040 Declaration re: compliance.
Section 4. 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
five hundred dollars ($500) from any person with respect to an election.
Section 4. 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.
2.28.060 Violation-Penalty.
Section 4. 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.
Section 4. 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. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30)
days following its adoption.
Section 4. 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 Government Code of the State of California.
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PASSED, APPROVED AND ADOPTED this 1St day of December, 2009 by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
ATTEST:
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City Clerk
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