HomeMy WebLinkAboutOrd 09-20 Adding Section 2.30 to the Dublin Municipal Code, Relating to Electronic and Paperless Filing of FPPC Disclosure Statements
Ord No. 09-20, Item 4.5, Adopted 07/21/20 Page 1 of 3
ORDINANCE NO. 09 - 20
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADDING SECTION 2.30 TO THE DUBLIN MUNICIPAL CODE, RELATING TO ELECTRONIC
AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN
DISCLOSURE STATEMENTS
WHEREAS, California Government Code Section 84615 provides that a legislative body
of a local government agency may adopt an ordinance that requires an elected officer, candidate,
committee, or other person required to file statements, reports, or other document required by
Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online
or electronically with the City Clerk; and
WHEREAS, the City has entered into an agreement with NetFile, a vendor approved by
the California Secretary of State, to provide an online electronic filing system (“System”) for
campaign disclosure statements and statements or economic interest forms; and
WHEREAS, the System will operate securely and effectively and will not unduly burden
filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards
against efforts to tamper with, manipulate, alter, or subvert the data; (2) the System will only
accept a filing in the standardized record format developed by the Secretary of State and
compatible with the Secretary of State’s system for receiving an online or electronic filing; and (3)
the System will be available free of charge to filers and to the public for viewing filings; and
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1: Chapter 2.30 Added
Chapter 2.30 is added to the Dublin Municipal Code to read in full as follows:
CHAPTER 2.30
Electronic Filing of Campaign Disclosure Statements
2.30.010 Purpose
The purpose of the Chapter is to allow, prior to January 1, 2021, and require, beginning January
1, 2021, elected officials, candidates, or committees to electronically file Campaign Disclosure
Statements, except where state law does not authorize the City to require electronic filing. The
City Council enacts this Chapter in accordance with the authority granted to cities by state law.
This ordinance is intended to supplement, and not conflict with, the Political Reform Act.
2.30.020 General
A. Any elected officer, candidate, committee, or other person required to file statements,
reports, or other documents (“Statements”) as required by Chapter 4 of the Political Reform
Ord No. 09-20, Item 4.5, Adopted 07/21/20 Page 2 of 3
Act (California Government Code Section 84100 et seq.) may file such Statements using
the City Clerk’s online system according to procedures established by the City Clerk. These
procedures shall ensure that the online system complies with the requirements set forth in
Section 84615 of the Government Code. From and after January 1, 2021, elected officers,
candidates and committees required to file Statements must file such Statements using the
City Clerk’s online system, unless exempt from the requirement to file online pursuant to
Government Code Section 84615.
B. The online filing system shall ensure the integrity of the data transmitted and shall include
safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
C. The online filing system shall only accept a filing in the standardized record format that is
developed by the California Secretary of State pursuant to Section 84602(a)(2) of the
California Government Code and that is compatible with the Secretary of State’s system
for receiving an online or electronic filing.
D. The online filing system shall include a procedure for filers to comply with the requirement
that they sign statements and reports under penalty of perjury pursuant to Section 81004
of the Government Code.
2.30.030 Procedures for Utilizing Online Filing
A. During the period commencing with the effective date of this Ordinance and ending January
1, 2021, an elected officer, candidate, appointee, committee or consultant may choose to
utilize the electronic filing system by electronically filing a Statement that is required to be
filed with the City Clerk pursuant to Chapter 4 of the Political Reform Act. Once the elected
officer, candidate, appointee, committee or consultant has filed electronically, all
subsequent Statements shall be filed electronically. From and after January 1, 2021,
electronic filing is mandatory unless the officer, candidate, or committee is exempt as
described in Section 2.30.010(A).
B. Any elected officer, candidate, appointee, committee or consultant who has electronically
fled a Statement using the City Clerk’s online system is not required to file a copy of that
document in paper format with the City Clerk.
C. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement
was received, which notification shall include the date and the time that the Statement was
received and the method by which the filer may view and print the data received by the
City Clerk. The date of filing for a Statement filed online shall be the day that it is received
by the City Clerk.
D. If the City Clerk’s system is not capable of accepting a Statement due to technical
difficulties, an elected officer, candidate, or committee shall file that Statement in paper
format with the City Clerk.
E. The online filing system shall enable electronic filers to complete and submit filings free of
charge.
2.30.040 Availability of Statements for Public Review; Record Retention
Ord No. 09-20, Item 4.5, Adopted 07/21/20 Page 3 of 3
A. The City Clerk’s system shall make all data filed available on the City’s webpage in an
easily understood format that provides the greatest public access. The data shall be made
available free of charge as soon as possible after receipt. The data made available on the
City’s webpage shall not contain the street name and building number of the persons or
entity representatives listed on the electronically filed forms or any bank account number
required to be disclosed by the filer. The City Clerk’s office shall make a complete,
unredacted copy of the statement, including any street names, building numbers, and bank
account numbers disclosed by the filer, available to any person upon request.
B. The City Clerk’s Office shall maintain, according to the City’s Retention Schedule, a
secured, official version of each online or electronic statement which shall serve as the
official version of that record for purpose of audits and any other legal purpose.
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 final
adoption. 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 California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
21st day of July 2020, by the following votes:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk