HomeMy WebLinkAbout6.1 Repeal Campaign Contribution Ordinance CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 9, 1987
SUBJECT PUBLIC HEARING
Ordinance Repealing Campaign Contribution Ordinances
No. 1-84 and No. 3-84
EXHIBITS ATTACHED Memoranda from Assistant City Attorney dated March 3,
1987, February 26, 1987 and February 13, 1987; Draft
Ordinances ; Ordinances No. 1-84 and 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: None
DESCRIPTION At its meeting of February 23, 1987, the City Council
expressed concern regarding the status of special elections at they related
to the $300 maximum campaign contribution during an election period.
The City Attorney has researched the issues raised by the City Council and
determined that a special election and a general election are both municipal
elections and thus, both would be covered by the ordinance.
Staff and the City Attorney' s Office have interpreted the Council ' s concerns
regarding the special election issue as intent on the part of the Council to
have a $300 limitation apply to each election. The City Attorney' s Office
has drafted a revised set of ordinances which modify Section 2.A. of the
Ordinance by indicating that there shall be a separate election period for
each municipal election. The effect of this additional language would allow
a candidate to receive up to $300 in a general election from one person as
well as receive another $300 contribution from that same source for a
special election which is conducted within the same year.
If the Council is desirous of having the $300 limit per year irrespective of
how many elections are conducted within any one election period, then the
last sentence of Section 2.A. of either Ordinance would have to be deleted.
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COPIES TO:
ITEM NO. 6 , 1
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MEYERS, NAVE, RIBACK R WEST
MICHAEL R.NAVE ATTORNEYS AT LAW PENINSULA OFFICE
STEVEN R.MEYERS
CIVIC CENTER COMPLEX 12 HOWARD SUITE 250
NATALIE E.WEST - URLINGAME,E,C CA 94010
ELIZABETH H.SILVER 835 EAST 14TH STREET B (415)348.7130
MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577
(415)577-3333 MARIN OFFICE
OF COUNSEL 1202 GRANT AVE..SUITE E
THOMAS F.BERTRAND NOVATO.CA 94947
(415)892-8878
MEMORANDUM REPLY TO:
TO: Richard Ambrose, City Manager DATE: 3/3/87
PROM: Elizabeth H. Silver, Assistant City Attorney
RE: Proposed Campaign Contribution Ordinance
The attached ordinances have been revised by adding to Section
2(a) the last sentence which makes it clear that there is a
separate "election period" for each municipal election. Thus, if
both a general election and a special election occur within the
same "election period" the $300 limitation applies separately to
each election.
Elizabe h H. Silver
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RECEfV Q
Attachments MAR 04 lq5�'
,CITY OF DUBLIN
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MEYERS, NAVE, RIBACK & WEST
MICHAEL R.NAVE ATTORNEYS AT LAW PENINSULA OFFICE --
STEVEN R.MEYERS
E E.WEST CIVIC CENTER COMPLEX 1220 HOWARD AVE.,SUITE 250
ELIZABETH BURLINGAME,CA 94010
ELIZABETH H.SILVER 835 EAST 14TH STREET (415)348-7130
MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577
(41 5)577-3333 MARIN OFFICE
OF COUNSEL 1202 GRANT AVE..SUITE E
THOMAS F.BERTRAND R E.C. F 1 QOVATO.CA 94947
Q Q (415)892-8878
/+ l;MA R` 2 19K REPLY TO:
CITY DUSLI
MEMORANDUM
TO: Richard Ambrose, City Manager DATE: 2/26/87
FROM: Elizabeth H. Silver, Assistant City Attorney
RE: Proposed Campaign Contribution Ordinance
A question was raised at the Council meeting on February 23
regarding whether the phrase "municipal election" in the draft
campaign contribution ordinance would include a special election
as well as a general election. In my opinion "municipal election"
includes both a general and a special municipal election.
"Election" is defined in Section 19 of the Elections Code to mean
any election and "general election" and "special election" . are
defined separately. Elections Code §§ 20 and 27. Thus "municipal
election" includes both the general and a special election. It is
not necessary to refer in the ordinance to general and special
elections.
Elizabeth H. Silver
EHS:dp
I MEYERS, NAVE, RIBACK R: `VEST
jMICHAEL R.NAVE ATTORNEYS AT LAW PENINSULA OFFICE
STEVEN R.MEYERS 1220 HOWARD AVE..SUITE 250
NATALIE E.WEST CIVIC CENTER COMPLEX
ELIZABETH H.SILVER 835 EAST 14TH STREET BUR(415)3 8 CA 94010
MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 (415)348-7130
(415)577-3333 MARIN OFFICE
OF COUNSEL 1202 GRANT AVE..SUITE E
THOMAS F.BERTRAND NOVATO.CA 94947
(415)892.8878
MEMORANDUM REPLY TO:
TO: Richard Ambrose, City Manager DATE: 2/13/87
FROM: Elizabeth H. Silver, Assistant City Attorney
RE: Campaign Contribution Ordinance
Enclosed is the ordinance which would repeal the current
campaign contribution ordinance (numbers 01-84 and 03-84 ) and
would place a limitation of $300 on the amount any one person (as
defined in the Political Reform Act, Government Code § 82047 ) can
accept during an "election period. " I have defined "election
period" to be that period of time commencing January 1 and ending
December 31 . The alternate ordinance defines the "election
period" as July 1 to June .30. -
Section 4 of the ordinance requires each candidate to file a
declaration with the City Clerk stating that the candidate has not
received more than $300 from any one person during the election
period. This will be filed with the Clerk with each pre-election
statement and with the semi-annual statements which must be filed
by July 31 and January 31 . The reason for this declaration is
that only contributions of $100 or more must be reported under the
Political Reform Act; hence a person could contribute $250 by
check, which would be reported, and $75 by check which would not
need to be reported, and could thus avoid the $300 maximum. The
$250 contribution would appear on the candidate' s cumulative
statement filed on or before January 31 but the $75 contribution
would not. The purpose of the declaration is to require the
candidate to state under oath that he or she has not received more
than the maximum amount of $300 . The burden is thus on the
candidate to keep adequate records to assure compliance with the
ordinance. We can prepare a form for the declaration which the
City Clerk can give to candidates when they take out their initial
papers.
The proposed ordinance does not contain specific filing
requirements. The filing requirements of the Political Reform Act
thus apply, both as to amounts reportable, periods covered and
filing dates.
AF ter adoption, a copy of the ordinance -must be sent to the
FPPC, 428 J Street, Suite 800 , :Sacramento, CA 95814, Attention:
Jeanette Turvill (Government Code s 81009 .5 ) .
l 6
Elizabeth H. Silver
EHS:cw
ORDINANCE NO. -87
AN ORDINANCE OF THE CITY OF DUBLIN
REGULATING ELECTION CAMPAIGN CONTRIBUTIONS AND
REPEALING ORDINANCE NUMBERS 01-84 and 03-84
The City Council of the City of Dublin does ordain as follows :
ARTICLE 1. GENERAL
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.
Section 2 . DEFINITIONS . For the purpose of this ordinance,
definitions codified in the Political Reform Act, beginning at
Government Code Section 82000, et seq. , shall apply with the
addition of (a) below:
(a) "Election period" shall mean that period of time
commencing July 1, preceding the date of any municipal election,
and ending June 30, immediately following such municipal election.
There shall be a separate "election period" for each municipal
election.
Section 3 . LIMITATIONS ON CONTRIBUTIONS.
(a) No person shall, during an election period, make any
contribution or contributions to a candidate or committee which
exceed the cumulative amount of Three Hundred Dollars ($300.00 ) ;
nor shall any such contribution or contributions which exceed the
cumulative amount of $300.00 be accepted by any candidate or
committee from any person.
(b) The prohibitions stated in subsection (a) 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.
Section 4. FILING OF VERIFIED DECLARATION.
(a) To insure full compliance with this ordinance, each
candidate shall execute a declaration under penalty of perjury on
a form provided by City stating that such candidate did not
receive any contribution or contributions totaling more than Three
Hundred Dollars ($300.00) from any person during any election
period.
(b) The declaration required by subsection (a) 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.
Section 5. 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.
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 ordinance.
Section 6 . REPEAL. Dublin Ordinance Numbers 01-84 and 03-84 are
hereby repealed.
Section 7 . 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. -87
AN ORDINANCE OF THE CITY OF DUBLIN
REGULATING ELECTION CAMPAIGN CONTRIBUTIONS AND
REPEALING ORDINANCE NUMBERS 01-84 and 03-84
The City Council of the City of Dublin does ordain as follows :
ARTICLE 1. GENERAL
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.
Section 2 . DEFINITIONS . For the purpose of this ordinance,
definitions codified in the Political Reform Act, beginning at
Government Code Section 82000, et seq. , shall apply with the
addition of (a) below:
(a) "Election period" shall mean that period of time
commencing January 1, preceding the date of any municipal
election, and ending December 31, immediately following such
municipal election. There shall be a separate "election period"
for each municipal election.
Section 3 . LIMITATIONS ON CONTRIBUTIONS.
(a) No person shall, during an election period, make any
contribution or contributions to a candidate or committee which
exceed the cumulative amount of Three Hundred Dollars ($300.00 ) ;
nor shall any such contribution or contributions which exceed the
cumulative amount of $300.00 be accepted by any candidate or
committee from any person.
(b) The prohibitions stated in subsection (a-) 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.
Section 4. FILING OF VERIFIED DECLARATION.
(a) To insure full compliance with this ordinance, each
candidate shall execute a declaration under penalty of perjury on
a form provided by City stating that such candidate did not
receive any contribution or contributions totaling more than Three
Hundred Dollars ($300.00 ) from any person during any election
period.
(b) The declaration required by subsection (a) 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 on or before July 31, preceding
the election, and January 31, immediately following the municipal
election.
Section 5. 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.
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 ordinance.
Section 6. REPEAL. Dublin Ordinance Numbers 01-84 and 03-84 are
hereby repealed.
Section 7 . 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 (5100 .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.
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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
( 5500 .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
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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 f ile 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
Maydf
ATTE
I
City Cle
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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. "
t•
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
i
Mayor "
ATTEST:
City Clerk
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