HomeMy WebLinkAboutOrd 16-14 Campaign Contributions Urgency Ord ORDINANCE NO. 16-14
AN URGENCY ORDINANCE OF THE CITY OF DUBLIN
AMENDING SECTION 2.28.030 OF THE DUBLIN MUNICIPAL CODE
RELATING TO CAMPAIGN CONTRIBUTIONS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Section 2.28.030 of the Dublin Municipal Code is hereby amended to read as
follows:
"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.
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
prohibitions apply to contributions made by a candidate to his or her campaign.
C. A candidate may transfer campaign funds from one committee controlled by the
candidate to a campaign committee for elective city office controlled by the same
candidate. Contributions transferred shall be attributed to specific contributors using a
"last in, first out" or "first in, first out" accounting method, and these attributed
contributions when aggregated with all other contributions from the same contributor
shall not exceed the limits set forth in subsection A of this section. A committee
transferring funds must designate in its records at the time of its first transfer whether it
elects the "last in, first out" or a "first in, first out" method of accounting for the current
and future transfers. This designation is irrevocable. Candidates and committees shall
comply with the accounting, recordkeeping and disclosure requirements set forth in
section 18536 of Title 2 of the California Code of Regulations, except that references
therein to state contribution limits shall be deemed to refer to the requirements of this
chapter. The prohibitions stated in this subsection shall not apply to contributions made
by a candidate to his or her campaign."
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. Urgency Findings and Declaration. The City Council finds and declares that this
Ordinance must be adopted as an urgency matter because it is necessary for the immediate
preservation of the public peace, health and safety. The following facts and circumstances support
such necessity: Presently, Chapter 2.28 of the Municipal Code permits transfers between candidate
committee funds without attributing the transferred funds to the individual contributors to the
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transferring committee. It is in the public interest to prevent any one person from contributing more
than $500 to a candidate with respect to a single election, regardless of whether a campaign
committee transfer takes place. Maintaining the integrity of the electoral process is vital to the public
peace, health and safety of the City of Dublin. Without the immediate enactment of this Ordinance,
candidates, campaign committees, and contributors may accelerate campaign contributions and
transfers in order to gain a fundraising advantage before this Ordinance going into effect.
Based on said findings, facts and circumstances, the City Council finds that this Ordinance
should be adopted as an urgency ordinance for the immediate preservation of the public peace,
health and safety, and that it is necessary that this Ordinance should go into effect immediately so as
to ensure its effectiveness.
Section 4. Effective Immediately. This Ordinance shall become effective immediately upon
adoption by at least a four-fifths vote of the City Council.
Section 5. 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.
PASSED, APPROVED AND ADOPTED this 2nd day of September, 2014, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
j-/ Ate jt
Mayor
ATTEST:
City Clerk
Ord No. 16-14,Adopted 9-2-14, Item 7.1 Page 2 of 2