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HomeMy WebLinkAboutItem 6.2 AmendMuniCd 2.28 (2) ---- '. , ......-. . . .. ..... . . 1 CITY' CLERK File # omlQJ-12l1QJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 15, 1991 SUBJECT: PUBLIC HEARING Amendment of Dublin Municipal Code Chapter 2.28 Relating to Campaign Contribution Limitations and Expenditures Report prepared by Elizabeth H Silver, City Attorney EXlllBITS ATTACHED: I) Draft Ordinance Amending Chapter 2.28 of the Dublin Municipal Code Relating to Campaign Contribution Limitations 2) Chapter 2.28, Dublin Municipal Code (annotated to show changes) 3) Ordinance No. 11-96, Amending Chapter 2.28 (annotated to show changes) RECOMMENDATION: ~ 1) () 2) \~\ 3) 4) 5) 6) 7) Open Public Hearing Receive Staff Presentation Receive Public Comments Close Public Hearing Deliberate Determine amount of expenditure limit Waive reading and INTRODUCE Ordinance FINANCIAL STATEMENT: None DESCRIPTION: At the February 18, 1997 Council meeting, the City Attorney presented a report that concluded that the Dublin Municipal Code Chapter 2.28 relating to campaign contribution limitations was in conflict with Proposition 208, which amended the state law regarding campaign contributions. At that meeting, the Council directed Staff to revise the ordinance to bring it into compliance with current state law. The City Attorney has prepared a draft ordinance, which is attached as Exhibit 1. For convenience, this draft ordinance enacts a new Chapter 2.28 that includes provisions from the original ordinance, the 1996 amendments, and the present amendments. The draft ordinance would make the following changes in the City's existing campaign contribution limitation ordinance: ------------------------------------------------------------------- COPIES TO: ITEM NO. 6.2 j. ." .U'CUlllUUnS. ...... The current ordinance allows contributions to be made and accepted at any time prior to an election. Proposition 208 provides for a ban on contributions more than six months in advance of an election and 90 " days following an election to pay debt. The draft ordinance would delete the definitions for "election" and "with respect to a single election." This . would have the effect of removing the current ordinance's provision that contributions can be made and accepted at any time prior to an election. 2. Dollar Limit on Contributions. Proposition 208 provides for a one hundred dollar ($100) limit on contributions. This ordinance amends the existing ordinance to lower the current three hundred dollars ($300) limit to a one hundred dollar ($100) limit. 3. Disclosure of Amounts in Excess of Twenty-Five Dollars ($25). The current ordinance requires candidates to report any contribution in excess of twenty-five dollars ($25). Although this requirement was not in conflict with Proposition 208, the Council instructed Staff to delete it, which the proposed ordinance does. 4. Declaration re: Compliance. The current ordinance requires that each candidate execute a declaration under penalty of perjury to the City Clerk stating that he or she did not receive any contributions totaling more than three hundred dollars ($300) from any person. This ordinance amends the section to change the dollar limit from three hundred dollars ($300) to one hundred dollars ($100). .. 5. Voluntary Expenditure Ceiling. At the February 18 Council meeting, the Council instructed Staff to include a voluntary expenditure ceiling as allowed by Proposition 218. This ordinance adds a section to the Code that establishes a voluntary . expenditure ceiling. The amount of the ceiling is left to the discretion of the Council except that the amount cannot exceed $1 for each resident of the City. The current City population (as of January 1, 1996) is 26,267. This section also requires that each candidate file a statement of acceptance or rejection of the ceiling with the City Clerk before accepting any contributions. If the candidate does accept the ceiling, the contribution limit is raised from one hundred dollars ($100) to two hundred fifty dollars ($250). 6. Recommendation. Staff recommends that the Council conduct a public hearing, deliberate, determine the amount of the expenditure limit, waive the reading and Introduce the ordinance. EHS:PCW:rja <. J:\ WPDIMNRSW\114\O 1 \AGENDA\CONTRlBU407 -,~- , ORDINANCE NO. - 97 . AN ORDINANCE REPEALING AND REwENACTING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS AND EXPENDITURES FOR ELECTIONS The City Council of the City of Dublin does ordain as follows: SECTION 1. Chapter 2.28 of the Dublin Municipal Code is repealed and a new Chapter 2.28 is enacted to read as follows: "2.28.010 findings and purpose. Pursuant to the authority granted to the City Council in Government Code Section 81013 permitting the imposition of additional local requirements to the Political Refonn Act of 1974, the City Council 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 to allow candidates to voluntarily limit their expenditures. Section 2.28.020 Definitions. . For the purpose of this chapter, definitions codified in the Political Reform Act, beginning at Government Code ~ 82000 et seq. shall apply. Section 2.28.030 Limitations on Contributions. A. No person shall make to any candidate for local office, and no candidate shall accept from any person, a contribution or contributions totaling more than One Hundred Dollars ($100) for each election in which the candidate is attempting to be on the ballot, or is a write-in candidate. B. The prohibitions stated in subsection A of this section shall not apply to contributions made or received in support of, or in opposition to, a ballot measure, not shall said prohibitions apply to contributions made by a candidate to his or her campaign. Section 2.28.040 Declaration re: Compliance. A. To ensure full compliance with this chapter, each candidate shall execute a declaration under penalty of perjury on a form provided by the City Clerk stating that such candidate did not receive any contribution or contributions totaling more than One Hundred Dollars ($100) from any person with respect to an election. . B. The declaration required by subsection A of this section 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. EXHIBIT 1 Section 2.28.050 V oluntary Expenditure Ceiling. '\ A. A VOhUltary expenditure ceiling is established for candidates for local office of $ for "." '. each election in which the candidate is attempting to be on the ballot or is a write-in candidate. B. Each candidate shall file a statement of acceptance or rejection of the voluntary expenditure ceiling with the City Clerk before accepting any contributions. C. If a candidate accepts the voluntary expenditure ceiling, the contribution limit specified in Section 2.28.030(A) shall be raised to Two Hundred Fifty Dollars ($250). Section 2.28.050 Violation - Penalty. A. Violation of any provision of this chapter is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. B. 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 chapter. SECTION 2. Severability. If any part of this ordinance or the application thereof to any person is held invalid, the remainder of the ordinance and the application of such provision to other persons shall not be affected thereby. :. " SECTION 3. Posting. 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 this 15 day of April, 1997, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk K) /G/4-15-97 /ordmoney.doc "... '"JI-; ::. " r- IU",\, V\.I VI 'V..... AVw,-y ,.._. _..._. ....... -t ---~~-- ~-~.~ -- - W I .' .' Chapter 2.28 CAMPAIGN CONTRIBUTIONS Sec:tiODS~ 2.28.010 2.28.020 Z.z8.030 Findings and purpose. Definitions. Limitations on contributions. Filing of verified declaration. Violation-Penalty - 2.28.040 2..28.050 , 2.2.8.010 FiDdings and purpose. \0Q.'......J,.Q.j.. \:Y"', Pursuant to the authority granted to the . ~7 ,...\ City Council in Government Code Section ""::f('~ ,v ". .-toSl013 .. th. . - faddi . \ i J... :;,.f.>J"...G....... pemunmg e lIllPOSltlOn 0 tiOD4 )\' ~).1l. allocal requirements to the Political Reform "'\~:rr:Y:"\ ~a.. Act of 1974~the City Council finds that it )~",\Q}.-"c).'-~'~f5\.,) is in the public interest to place realistic and .".:,:..;q. - enforceable limits on the amounts which may be contributc::d to political campaigns in municipal elections. (Ord. 21-87 ~ 1) . 2.28.020 ~finitiODS. Fot tbe purpose of this chapter. dcftni.. tiOtlt codified m the Political Refonn Act, beginning at Government Code Section 82000, et seq... shall apply with the addition of the following: I "Election" means any municipal election. , whether general or special, at which the offices of Councl1member and/or Mayor are to be filled. "With rcspo;t to a single elcctionn means: 1. In tho c:aso of a conaibution designat- ed in writing by the contributor for a partic.. ular election, the election so designated, provided that a l;ontribution designated in writing fOr a particular election may be made after the election and prior to June \L~Q J... ~ 1 D,-\ \ \ t>!') <.,Q.C1\ \ ~ b, (..c...j )'\J.-,,('<Y' I I \ I ! ~ 2:28:01 O. 30th foUowinS the, election only to the ,- extent such cOl1tribution does not exceed net ./ debts outstanding from that election; I 2. In the case of a e~ntributioJi Dot ; designated in writing by the contributor for I a particular election. the next election for i the office after dR; contribution is made. \ (Ord. 10-9.3 ~ 1: Orrl. 21.87 fi 2) .J 2.28.030 Limitations on >' 4 contributions. C .J'}:"o.[ A. No person shall make any contribu~ /95'tC ~ 6~ tion or contributions to a candidate or COm- A 1--13 7 mittcc whi~h cx"ccd tho ~wnu1miV\; amount ~ e, 'f:(~.,. of one thousand dollars ($1.()OO). nor shall "/0. ""!d~ -'1 any such .;ontribution or contributions I Ii (;? 6 )l"... which exceed the cumulative amount of one J' oOpes? 7 .... thous~ ~o1lars ($1.000), be accepted by ~-? 'cl any candidate or committee from any per- ) tt.",:.. son with respect to a single election. . _ ~ ~ B. 'The prohibitions stated in subsection A of this section shall not apply to contn'bu- tions 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. (Orcl 10.93 i 2: Ont. 21..87 ~ 3) ,2.28.040 FmDg of verified declaration. A. To ensure full c;:QmpliaD~~ with thii ..jJ/.~ chapter. each candidate shall execute a dee.. -~lh Y'Jd~ 1- laration under penalty of perjury on a form ~~ ~ 1<:0. 0 provided by city stating that such candidate ~'4~~&' didnotn:cciveanycontributionofcontribu tlo;~c;( ~~ ~ tions totaling more than one thousand clol- 01'-0/ .7 It 0 lars ($1,000), from any person with respect I~ 'fO-~ to an election. ~ . B. The deClaration reqUirea by subsec- tion A of tbi5 section lihall be filed with the City Clerk with each preelection stale~t fIled pursuant to state law and with the 31 (DabIbi SoH) Exhihit 2 semi-annual statements required to be filed pursuant to state law. (Ord. 10-93 ~ 3: Old. 21-87 ~ 4) Z..l8.0S0 Violation-Penalty. A. Violarion of any provision of this cnapter is a misdemeanor punishable by a fine not to exceed five hundred do~ ($500) or imprisonment for a tenn not eXceeding six (6) months, or by both such fine and imprisomnenr.. B. Whether or not a viol3tion is inadver- tenI, negligent. or deliberate in the presence or absence of good faith, shnU be consid. erea in applYing tile penalties of this chap- ter. (Ord. ,21-87 ! 5) ~ ~ 32-1 (t\Itbiol 5-94l \ '. . :.. ., / e .'" e: . ,,-: '? . ._ . _. ..... . _ rw _ _ _, _ _ _ _ _ r _ r ~ ____ _ " ORDINANCE No.ll- 96 AN ORDINANCE OF THE CITY OF DUBLIN *************** AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE " RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS FOR ELECTIONS TO TAKE EFFE(:T IMMEDlATEL Y . . 11IE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS; SE.c.JJQJY-1.~ Section 2.28.030 Amended - COlJtrihution I,imlt Revised Subsection A of Section 2.28.030 of the Dublin Municipal Code is amended to read as fo11oVv'5: "A. No person shall make any contribution or contributions to a candidate or committee which exceed the cumulntivc ronOWlt ofthrec hundred dol- l21'S ($300), nor shall any sueh contribution or contributions which exceed ~e cumulative amount of three hundred dollars ($300) be accepted by any candidate or committee from. any person ~th respect to a single election." SECTION 2. Section 2.28.040 Amended - Declaration re Compliance Subsection A of Section 228.040 of the Dublin Municipal Code is amended to read as follows: " ~4/)..7{J /0 ~ If 0 6c. ,b(1: OOpo\' /' C 1'0{;. '..,r-'-/ I....., --, U..., ~ "A. To ensure full compliance with this chapter, each candidate shall exc- r1~ cute a declaration under penalty of perjury on a form provided by the City .;i /0% Clerk stating that such candidate did not receive any contribution or con- Pf\~ 0) ~ i- 0 tributions totaling more than three hundred dollars ($300) from any person rv Jf'C{ . with respect to an election" OJO(" SECfION 3. Disclosure of Amounts in Excess of $25.. Section 2.28.040 is added to the Dublin Municipal Code to read as follows: "When filing the Campaign Statement required by .PJticle 2 of Chapter 4 'OR i of Title 9 of the Government Code, commencing \Vim Section g4200~ each p,.. . 'J( f~o{ . candidate for the office of Mayor an~ Counc~lmem~ shall inclu~e. ~ . CPOSf b /' such Campaign Statement the same informatlon reqUlrcd by SUbdiVISIon 0 f'o( ;' 0( (f) of Government Code section 84211 for contributions (including lozw:s) ~ ~ in excess of $25 received from any person. II Exhibit .3 . , SECTION 4. R~numberina Section 2.28.040 of the Dublin Municipal Code, entitled "Filing of Verified Declara~ tion" is renumbered as "Section 2.28.050," and Section 2.28.050, entitled "Violation Pe::n- alty" is renumbered as "Section 2.28.060." SECTION 5. Severahility If any part of this ordinance or the application thereof to any person is held invalid, the remainder of the ordinam:t: and the application of such provision to other persons shall not be affected thereby. SECTION 6. Immediate Effect This ordinance imposes restrictions on monetary contributions to candidates for office at :municipal electioDS and thus relates to an election. Pursuant to Government Code sec. tion 36937(a). this ordinance sball take effect immediately. ~RCTTON 7. Posting TJ:e City Clerk of the City of Dublin shall Co.U3C thi3 Ordimmce to be posted in ar least three (3) public places in the City of Dublin in accordance with Section 36933 of the Gov- ernment Code of the State of Ca.1ifomia. PASSED, APPROvED AND ADOPTED by the City Council of the City of Dublin on this 11th day of June. 1996. by vote as follows: AYES: NOES: .. .A.B SThiJ': . ABST AlN: MAYOR ATTEST: CITY CLERK A:\C.4Jv!P A1GN.Al.T o ,. e." -..., ,. ~. -.