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HomeMy WebLinkAbout6.01 Repeal Campaign Contribution Ord • CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: - February 9, 1987 SUBJECT PUBLIC HEARING: Ordinance Repealing Campaign Contribution Ordinances No. 1-84 and No. 3-84 EXHIBITS ATTACHED Memorandum from Assistant City Attorney dated January 14, 1987 ; Draft Ordinance; Ordinances No. 1-84 and No. 3-84 RECOMMENDATION tv Open public hearing Hear Staff presentation Hear Testimony from the Public Close public hearing Waive reading and adopt ordinance FINANCIAL STATEMENT: None DESCRIPTION In accordance with the City Council ' s request at its meeting of January 12, 1987, the Assistant City Attorney has prepared the attached ordinance which would repeal the City' s Campaign Contribution Ordinances No. 1-84 and No. 3-84 . If this ordinance is adopted, the State Law regulating campaign contributions would be the law regulating campaign contributions in the City. State Law provides that candidates would have to disclose contributions and expenditures in excess of $100 instead of $25 as is provided in Ordinance No. 1-84 . In addition, State Law does . not place an upper limit on contributions candidates can receive, whereas Ordinance No. 1-84 limits individual or committee contributions to $100 . This ordinances was introduced at the City Council meeting of January 26, - 1987 . COPIES TO: ITEM NO. &01 NAVE & SILVER MICHAEL R.NAVE - - ATTORNEYS AT.LAW . EAST BAY OFFICE: • ELIZABETH H.SILVER 1220 HOWARD AVENUE. SUITE 250 - CIVIC CENTER COMPLEX P.O. BOX 208 835 E. 14TH STREET SAN LEANDRO.CALIFORNIA 94577 BURLINGAME. CALIFORNIA TELEPHONE:(415)577-3333 94011-0208 - (415) 348-7130 REPLY TO • MEMORANDUM TO: '_ Richard Ambrose, City Manager DATE: 1/14/87 . FROM: Elizabeth H. Silver, Assistant City Attorney . RE: Campaign Contribution Ordinance - Repeal - After adoption, a copy of. the attached ordinance should be sent to the FPPC, 428 J Street, Suite 800 , Sacramento, CA 95814 , attn: Jeanette Turvill . See Government Code §- 81009 .5. • Elizab th H. Silver EHS:dp Attachment • ORDINANCE NO -87 AN ORDINANCE OF THE CITY OF DUBLIN REPEALING DUBLIN ORDINANCE NO. 01-84 AND 03-84, REGULATING CAMPAIGN CONTRIBUTIONS • THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1 : Dublin Ordinance No. 01-84 and Dublin Ordinance No. 03-84 are hereby repealed in their entireties. Section 2: 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 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- AP • 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 ' ($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 �J H / 1 May de ATTE " r. '�' City Cle ' -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 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 th`e 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 Air s Mayor ._ ATTEST: City Cler -2-