HomeMy WebLinkAbout6.06 Amend Ord Campaign Filing Time CITY OF DUBLIN
AGENDA STATEMENT
• CITY COUNCIL MEETING DATE: January 26, 1987
SUBJECT PUBLIC HEARING
Ordinance Amending Time for Filing Campaign
Contribution & Expenditure Statements
EXHIBITS ATTACHED Memorandum from Assistant City Attorney dated
January 1, 1987; Draft Ordinance; Ordinance No. 1-84;
Ordinance No. 3-84
RECOMMENDATIO . 1) Open public hearing
2 ) Hear Staff presentation
3 ) Hear Testimony from the Public
4) Close public hearing
5) Waive reading and introduce ordinance or take no
action
FINANCIAL STATEMENT: Some Staff time will be saved in reviewing and filing
Campaign Statements .
DESCRIPTION At the City Council meeting of December 8, 1986, Staff
was requested to place the City' s Ordinance regulating election campaign
contributions and expenditures on the City Council agenda for January 12,
1987 . This request was prompted by Vice Mayor Vonheeder who had concerns
with respect to the number of filings the candidates had to make, especially
as they related to the different reporting periods for the City and State
campaign statements . The City Council discussed this ordinance at its
meeting of January 12, 1987, and continued the public hearing to its meeting
of January 26, 1987 in order to first consider the possible repeal of
Ordinances No. 1-84 and No. 3-84 . If the City Council repeals Ordinances
No. 1-84 and No. 3-84, the Council could vote to take no action.
. The City Council, on January 9, 1984 adopted an ordinance regulatin7
election campaign contributions and expenditures . This ordinance was
amended on January 23, 1984 . These ordinances in concert, provide for a
disclosure of campaign donations and expenditures which is lower than the
State of California requires . It also places a limit on the maximum amount
of contributions which can be made or received. The ordinance also provides
for a specified time frame for filing verified campaign statements to make
certain that the requirements of the ordinance are met.
During this last election, it became evident that the filing dates required
to comply with the City' s ordinance were different than those filing dates
required by the State of California. Not only were the filing dates
different, but the reporting periods were also different. This became very
confusing to many of the candidates and often resulted in a candidate being
required to come in and file a statement to meet the City' s requirements on
one day and then file another statement to meet the State' s requirements on
the next day.
During the last election, the filing requirements under the City' s current
campaign contribution ordinance, as well as existing State Law, is shown
below:
COPIES TO:
ITEM NO. 6.v°6
AGENDA STATEMENT:
Page 2
November 4, 1986 Dublin City Council Election
Filing Requirements (Current Ordinance)
Statement Due Period Covered Required By
September 26th July 1 - September 23 City
October 5th July 1 - September 30 FPPC
October 23rd October 1 - October 18 FPPC
October 24th July 1 - October 21 City
October 31st July 1 - October 31 City
January 31st October 19 - December 31 FPPC
•
Successful Candidates November 1 - 7 Days Prior to City
1 Day Before Taking Office Taking Office
If the Council had adopted the amended ordinance which has been prepared by
the City Attorney' s Office, candidates would have been required to file
campaign statements as shown in the schedule below:
Amended Ordinance
Statement Due Period Covered Required By
October 5th July 1 - September 30 FPPC
October 23rd October 1 - October 18 FPPC
October 31st October 19 - October 31 City
January 31st October 19 - December 31 FPPC
The amended ordinance as proposed, would consolidate 7 filings into 4
filings, as well as bring the filing period for the City' s ordinance into
conformance with the filing period for the State. The only statement that
would be filed in addition to the State filing statements would be the
statement that is required in Ordinance No. 1-84, Section 4..c . The filing
of this statement is necessary because Section 2 .c . and Section 3 .a. of the
ordinance preclude acceptance of campaign contributions outside of the
election period, which is defined as that period of time commencing on the
58th day following an election and ending on the close of the 5th day before
the next election. If the Council desires to eliminate this additional
filing, these sections of the ordinance would have to be modified.
In summary, the proposed amended ordinance would require the filing of
campaign statements as shown in the second table above. The amended
ordinance would also provide for the filing of one statement to satisfy both
the City and State requirements, as opposed to 2 statements which are
presently required.
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NAVE & SILVER
MICHAEL R.NAVE ATTORNEYS AT LAW EAST BAY OFFICE:
'' ELIZABETH H.SILVER 1220 HOWARD AVENUE. SUITE 250 CIVIC CENTER COMPLEX
E P.O. BOX 208 835 E. 14Th STREET
" SAN LEANDRO.CALIFORNIA 94577
r� G BURLINGAME. CALIFORNIA TELEPHONE:14151 577.3333
® \S (4151� 94011-0208
(4151 348.7130 REPLY TO
1J�
C1f C+ MEMORANDUM -
TO: Richard Ambrose, City Manager DATE: 1 /6/87
FROM: Elizabeth H. Silver, Assistant City Attorney
RE: Ordinance amending time for filing campaign contribution
statements .
The attached draft ordinance would amend Dublin Ordinance No.
01-84 , as amended by Dublin Ordinance No. 03-84 . Under the
revised ordinance, preelection campaign statements would be filed
at the same time as preelection campaign statements . under the
Political Reform Act. Specifically, under Section 4 of the- City
ordinance currently in effect four statements must be filed- at
. different times or covering different reporting periods than under
state law. As revised , three statements will still be required to .
be filed, in addition to the semi-annual statements. The first
two statements would be filed .at the same time and would cover the
same period as the statements required to be filed under state
law. Thus , the first statement under both' state law and the city
ordinance would be filed no later than October 5 , covering the
period ending September 30 , and the second statement would be
filed no later than 12 days before the election, for the period
ending 17 days before the election. The ordinance retains the
additional requirements that a statement be filed five days before
the election and that no contributions _may be accepted after this
five day cut-off date ( see section 5 of Ord. No. 01-84 ) .
A copy of the ordinance , as amended, must be filed with the_ Fair
Political Practices Commission, pursuant to Government Code
§ 81009 . 5 . .
•
Elizabeth H. Silver
EHS:dp
Attachment
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ORDINANCE NO. -87
AN ORDINANCE OF THE CITY OF DUBLIN
• AMENDING ORDINANCE NO. 01-84 , AS AMENDED BY ORDINANCE NO.
03-84, REGULATING THE TIME FOR FILING CAMPAIGN STATEMENTS
The City Council of the City of Dublin does ordain as follows:
• Section 1 : AMENDMENTS
(a) Section 4 of Dublin Ordinance No. 01-84 , as
• amended by Ordinance No. 03-84, is deleted and a new Section 4 is
added to read as follows:
"Section 4. FILING OF VERIFIED CAMPAIGN STATEMENT
( a) 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.
• (b) In addition to the semi-annual campaign
statements required to be filed under state law in Government Code
section 84200, preelection campaign statements shall be filed by
the candidate and each committee at the times and in, the manner
specified in the Government Code, including sections 84200 . 5 and
84200 .7 .
(c) An additional final preelection campaign
disclosure statement shall be filed with the City Clerk during
regular business hours five (5 ) days prior to the election, which
report shall close on the date of filing.
(d) Each committee supporting, or opposing a
measure shall file preelection campaign statements at the times
and, in the manner specified in the Government Code, including
sections 84200. 5 and 84200 .7 , in addition• to the additional final
preelection campaign disclosure statement filed in accordance with
section 4 ( c) hereof. "
. .
Section 2 . AMENDMENTS
Section 6, Paragraph 3 of Dublin Ordinance No. 01-84 is
deleted.
Section 3 . 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, APPROVED AND ADOPTED by the City Council of the City
of Dublin on this day of , 1986 by the following vote:
AYES:
NOES:
ABSENT: .
Mayor
ATTEST:
City Clerk
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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.
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(3) Donation of= Twenty Five ~and 01/100 Dollars
( $25.01) or .=more to zany "kitty" at any campaign revent 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 eleätion, 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„in.sure full disclosure, ,each `committee- or
its treasurer; shall ;disclose all:expenditures on .behalf of the
candidate :to the candidate f„eir"lis for her ;-treasurer not later =.
than one (1) business ;day�afterthe3expenditure:
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Cumulative) preliminary campaign-statements shall be filed by the following dates :by the candidate and each
committee: 9/ ,
(a) ' No later than forty (40-) days ' prior to the
election; this report closes forty-three• (43) days prior to the
election:. VZJ
(b) No later than twelve (12) days prior to the -.
election; this report closes fifteen (15.) days prior to the . j�/z`{
election; . /C/2!
(c) ��31
An additional ;final contributions_ d isclosure
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 réquired '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
($500.00) , 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 file 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 •
Mayo
ATTE ..
City Cler _ _ - _
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C - s
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 CITYCOUNCIL .OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section' l. 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."
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Section 2. IMMEDIATE EFFECT _,
•
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. Councilof 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 - U _ -
ATTEST:
?C-1,Nc—O,
City Cle-r _
}