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Home My WebLink About6.2 HrngRevChpt2.28MuniCd .' . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 11, 1993 SUBJECT: PUBLIC HEARING Regarding Revision of Chapter 2.28 of the Dublin Municipal Code (Campaign contribution Limitation Ordinance) Report Prepared by Elizabeth Silver, City Attorney and Kay Keck, city Clerk l~9rdinance Amending DMC Chapter 2.28 2)/COpy of Existing DMC chapter 2.28 3~Reporting Form certifying Compliance II Open public hearing .. Receive Staff presentation II Receive Public testimony . Close public hearing .. Deliberate .. Waive reading and ADOPT ordinance EXHIBITS ATTACHED: RECOMMENDATION: ~ . f ~ \ FINANCIAL STATEMENT: None DESCRIPTION: At the September 27, 1993 City council meeting, an Ordinance was introduced which would amend the City's existing Campaign contribution Limitation Ordinance. The Ordinance was drafted in accordance with direction from the Council on August 9th and September 12th. The proposed amendments to Chapter 2.28 would revise the Ordinance to restrict a person or committee from making a contribution or contributions in excess of $1,000 with respect to any municipal election for the office of Mayor or Councilmember. The proposed Ordinance amendments follow the Federal Model of restricting contributions to an election, not to a fiscal year. A new definition would be added, following Federal regulations to provide that a contribution is made "with respect to" an election if it is designated for the election or, if not so designated, it will be assumed it is for the next election. Also following Federal regulations, the draft ordinance would limit contributions after an election to no more than necessary to pay campaign debt. In addition, to tie in with state reporting requirements, it would allow contributions after an election through June 30 following the election. A person or committee could, thus, contribute a total of $1,000 to any candidate for mayor, whether the contribution is made before or after the election. The same dollar limitation ($1,000) would apply to elections for the office of councilmember, even though those offices are filled every four years. The $1,000 limit is the total which may be contributed and collected; for example, if $500 is contributed in October 1993, and $500 is contributed in March 1994 to a candidate for council in the November, 1996 election, no further contributions may be made or accepted with respect to the November, 1996 election from that person. Or, if an individual contributed $800 to a candidate for Mayor in October 1994 and $200 in December 1994, for the November 1994 election, the $200 could only be accepted if the candidate had a campaign debt of at least $200. As was pointed out at the last Council meeting, any individual who intends to be a candidate for local elective office must file a Candidate Intention statement (Form 501) PRIOR to the solicitation or receipt of any contribution or loan, and prior to use of any of the candidate's personal funds in support of his/her campaign. Staff recommends that the Council conduct a public hearing; deliberate; waive the reading and INTRODUCE the ordinance. ITEM NO. .6.2. COPIES TO: CITY CLERK FILE ~, ..' .. ..-=--'-..... . . ORDINANCE NO. - 93 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS The_city Council of the city of Dublin does ordain as follows: t Section 1 section 2.28.020 of the Dublin Municipal Code is amended to read as follows: Section 2.28.020 Definitions For the purpose of this chapter, definitions codified 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 of councilmember and/or mayor are to be filled. "with respect to a single election" means (a) in the case of a contribution designated in writing by the contributor for a particular election, the election so designated, 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 that election; (b) 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 2 Section 2.28.030 of the Dublin Municipal Code is amended to read as follows: section 2.28.030 Limitations on Contributions A. No person shall make any contribution or contributions to a candidate or committee which exceed the cumulative amount of one thousand ($1,000), nor shall any such contribution or contributions which exceed the cumulative amount of one thousand ($1,000), be accepted by any candidate or committee from any person with respect to a single election. 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 meapure, nor shall said prohibition apply to contributions made by a candidate to his or her campaign. . . section 3 Section 2.28.040 of the Dublin Municipal Code is amended to read as follows: section 2.28.040 Filing of Verified Declaration A. To ensure full compliance with this chapter, each candidate shall exe~ute a declaration under penalty of Rerjury on a form provided by Ci~ stating that such candidate did not receive any contribution or contributions totaling more than one thousand ($1,000) 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. section 4 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 , 1993, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: city Clerk . 2.28.0lO Chapter 2.28 CAMPAIGN CONTRIBUTIONS f Sections: 2.28.010 2.28.020 2.28.030 Findings and purpose. Definitions. Limitations on contributions. Filing of verified declaration. Violation- Penalty. 2.28.040 2.28.050 2.28.010 Findings and purpose. Pursuant to the authority granted to the City Council in Government Code Section 8lO 13 permitting the imposition of additional local requirements to the Political Reform Act of 1974, the City Council finds that it is in the public inter- est to place realistic and enforceable lim- its on the amounts which may be contributed to political campaigns in municipal elections. (Ord. 21-87 9 1) 2.28.020 Definitions. For the purpose of this chapter, defini- tions codified in the Political Reform Act, beginning at Government Code Sec- tion 82000, et seq., shall apply with the addition of the following: "Election period". means that period of time commencing July 1st, preceding the date of any municipal election, and ending June 30th, immediately following such municipal election. There shall be a separate "election period" for each municipal election. (Ord. 21-87 9 2) . --...-' 2.28.030 Limitations on contributions. A. No person shall, during an election period, make any contribution or contri- butions to a candidate 'or committee which exceed 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. B. The prohibitions stated in subsec- tion A of this sect-ion shall not apply to contributions made or received in sup- port of, or in opposition to, a ballot mea- sure, nor shall said prohibition apply to . contributions made by a candidate to his or her campaign. (Ord. 21-87 9 3) 2.28.040 Filing of verified declaration. A. To insure full compliance with this chapter, each candidate shall execute a declaration under penalty of perjury on a form provided by city stating that such candidate did not receive any contribu- tion or contributions totaling more than three hundred dollars ($300) from any person during any election period. B. The declaration required by sub- section A of this section shall be filed with the City Clerk with each preelection statement filed pursuant to state law and with the semi-annual statements required to be filed pursuant to state law. (Ord. 21-87 9 4) "'~-./' 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 ---.-/' 32 . ($500) or imprisonment for a term not exceeding six (6) months, or by both such fme and imprisonment. B. Whether or not a violation is inadver- tent, negligent, or deliberate in the presence f- or absence of good faith, shall be consid- ered in applying the penalties of this chap- ter. (Ord. 21-87 S 5) . 2.28.050 ,33 (Dublin 8-91) ; ~; ~ ~ ~ ~ ~ ~ ~ ~ ~; ~ ~ ~;;;; ~ ~ ~ ~ ~ ~;; ~ ~ ~ ~;; ~ ~;;;; ~;;;;;;;;;;;;;;;;;;;;;;; ~ ~; ~;;;;;;;;; ~;;; ;~;;;;;;~ ~;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ;;; ;~~;; ~;;;;;;;; ~;;;;;;;;; ~;;;;;;;;; ~;;; ~ ~;;;; ;;;;;;;;;;;;;;;;;;;;;;;; ;;;;;; CITY OF DUBLIN Municipal Code Chapter 2.28 et seq. Ordinance No. - 93 Ordinance No. - 93 limits campaign contributions during an t election period to a total cumulative amount of $1,000 from any person. To insure full compliance with this Ordinance, each candidate/office holder shall execute a declaration under penalty of perjury on a form provided by the City Clerk stating that such candidate/office holder did not receive any contribution or contributions totaling more than one thousand dollars ($1,000) from any person with respect to an election period. The declaration required 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. This form is filed with my (pre-election/ /semi-annual statement) and relates to the office of (Mayor/ /Councilmember) . I, , hereby certify under penalty of perjury that I understand the limitations discussed herein and further that I have complied with said limitations. (Date) (Signature)