HomeMy WebLinkAboutItem 6.4 AmendMuniCode2.28 (2)
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CITY CLERK
File # D~BJ[Q]-[gJE]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 3, 1998
SUBJECT:
PUBLIC HEARING
Amendment of Dublin Municipal Code Chapter 2.28 Relating to Campaign
Contribution Limitations
(Report prepared by Elizabeth H Silver, City Attorney)
EXHffiITS ATTACHED:
A. Draft Ordinance amending Chapter 2.28 of the Dublin Municipal
Code relating to Campaign Contribution Limitations
RECOMMENDATION fl ~
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Open Public Hearing
Receive Staff Report
Receive public comment
Close public hearing
Deliberate
Waive reading and ADOPT ordinance
FINANCIAL STATEMENT: None
DESCRIPTION: At the February 17, 1998 City Council meeting, the Council introduced
an Ordinance amending Chapter 2.28 of the Dublin Municipal Code related to Campaign Contributions.
The Ordinance as introduced (Exhibit A) would make several changes to the existing ordinance. The
changes include:
1. Findings and Purpose
Section 2.28.010 would be amended to delete the reference to voluntary expenditure
limitations.
2. Definitions
The current ordinance would be amended to add definitions of "election" and "with respect to
an election" which were contained in Chapter 2.28 before it was amended in 1997. The effect
ofthis amendment would be that no one could contribute more than $300 from the day after an
election until the next election which is two years later except to repay debt.
3.
Dollar Limit on Contributions
The draft ordinance would increase the dollar limit from $100, which is the amount allowed by
Proposition 208 found by the Court to be unreasonably low, to $300, the amount the City
allowed prior to Proposition 208. (See Section 2.28.030.) In adopting the draft ordinance, the
Council will be finding that $300 is a realistic limit on campaign contributions in Dublin.
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4.
Declaration re: Compliance
The only change to Section 2.28.040 is to change the amount from $100 to $300.
5.
V oluntarv Expenditure Ceilim!: Deleted
The draft ordinance would repeal Section 2.28.050 which provided a voluntary ceiling on
expenditures, consistent with Proposition 208. The Court found this provision to be
unconstitutional.
Until the ordinance is amended, the existing provisions of Chapter 2.28 are in effect. Proposition 208
prohibits campaign contn~utions more than six months prior to the November 1998 election. The court
prohibited enforcement of this part of Proposition 208 as well. The proposed amendment to Chapter 2.28,
eliminating the time restrictions, will become effective more than six months in advance of the November
election (assuming introduction on February 17 and adoption on March 3). Candidates will thus be able to
accept contributions once the amended ordinance becomes effective.
Staff recommends that the Council deliberate, waive the reading and ADOPT the Ordinance.
K2/G/3-3-98/as-$300.doc
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ORDINANCE NO. - 98
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE RELATING
TO CAMPAIGN CONTRIBUTION LIMITATIONS FOR ELECTIONS
The City Council of the City of Dublin does ordain as follows:
SECTION L Section 2.28.010 Findings and Purpose
Section 2.28.010 of the Dublin Municipal Code is amended to read as follows:
"Pursuant to the authority granted to the City Council in Government Code
Section 81013 permitting the imposition of additional local requirements to the Political
Reform 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."
SECTION 2. Section 2.28.020 Definitions
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Section 2.28.020 of the Dublin Municipal Code is amended to read as follows:
"For the purpose of this chapter, de[mitions CQdified in the Political Reform Act,
beginning at Government Code Section 82000, et seq., shall apply with the addition of
the following:
'Election' means any municipal election, whether general or special, at which the
offices ofCouncilmember and/or Mayor are to be filled.
'With respect to a single election' means:
1. In the case of a contribution designated in writing by the contributor for a
particular election, the election so designate~ provided that a contribution designated in
writing for a particular election may be made after the election and prior to June 30th
following the election only to the extent such contribution does not exceed net debts
outstanding from the election.
2. In the case of a contribution not designated in writing by the contributor for
a particular election, the next election for the office after the contribution is made."
. SECTION 3. Section 2.28.030 Limitation on Contributions
Subsection A of Section 2.28.030 of the Dublin Municipal Code is amended to
read as follows:
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"A. No person shall make any contribution or contributions to a candidate or .
committee which exceeds the cumulative amount of three hundred dollars ($300), nor
shall any such contribution or contributions which exceed the cumulative amount of three
hundred dollars ($300) be accepted by any candidate or committee from any person with
respect to a single election."
SECTION 4. Section 2.28.040 Declaration re: Compliance
Subsection A of Section 2.28.040 of the Dublin Municipal Code is amended to
read as follows:
"A. To ensure full compliance with this chapter, each candidate shall execute a
declaration under penalty of petjmy on a form provided by the City Clerk stating that
such candidate did not receive any contribution or contributions totaling more than three
hundred dollars ($300) from any person with respect to an election."
SECTION 5. Section 2.28.050 Repealed
Section 2.28.050 of the Dublin Municipal Code, entitled "Voluntary expenditure
ceiling" is repealed.
SECTION 6. Posting
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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 3rd day of March, 1998, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
~.TTEST:
City Clerk
K2/G/3-3-98/ord-$300.doc
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