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HomeMy WebLinkAbout6.10 Campaign Contribution/Expense Statements CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 12, 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 RECOMMENDATION - 1 ) Open public hearing 2 ) Hear Staff presentation 3) Hear Testimony from the Public 4 ) Close public hearing 5) Waive reading and introduce ordinance 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, on January 9, 1984 adopted an ordinance regulating 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: 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 l - 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 --------------------------------------------------.-------------------------- COPIES TO: ITEM NO. 6. 10 . y AGENDA STATEMENT: Page 2 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. NAVE & SILVER r MICHAEL R.NAVE ATTORNEYS AT LAW EAST BAY OFFICE: ELIZABETH H.SILVER 1220 HOWARD AVENUE. SUITE 250 CIVIC CENTER COMPLEX L V E P.O. BOX 208 835 E. 14TH STREET G , AN LEANDR0.CALI S FORNIA 94577 G BURLINGAME. CALIFORNIA TELEPHONE:14151 577.3333 13 NIA O 9401 48.71 r` (41 5) 348.7130 REPLY TO CS� Qr �` }..In1 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 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. " UM e.i ...n_ 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 • 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 thi-s 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. on ' - - a•.. . � r t, yy . a 3, •', r' L J.. (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. Cumulative preliminary campaign statements shall be filed by the following dates the candidate and each committee : � (a) No later than forty (70) days prior to the election; this report- closes forty-three (4 ) days prior to the election. g�Z3 (b) No later than twelve (12) days prior to the 10/ election; this report closes fifteen (15.) days prior to the election. (c) I An .additional ;final contributions disclosure statement shall be f iled with'-the 'City;,.Cler;k,dur.ing regular business ,hours five .(5) . ,days prior ;:_to the elect"ion; this report closes on the date of filing s 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 • �fi, ,r -3- . , . 4 u�1 , r • such report is filed on the next working day accompanied by a later penalty filing charge of One Hundred Dollars (5100.00) . 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) publ-ic 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 , May ATTE City Cle -4- -_ i ORDINANCE NO. 03-84 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 01-84 REGULATING CAMPAIGN CONTRIBUTIONS BY EXEMPTING THEREFROM CONTRIBUTIONS _4ADE 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 -1s 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 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 23rd day of January, 1984 , by the following votes: AYES: Councilmembers Drena, Jeffery and Mayor Snyder NOES: Councilmembers Hegarty and Moffatt ABSENT: None Mayor ATTEST: r City Clerk {d "3