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Home My WebLink About1990-01-23 - AGENDA REPORTS - CAMPAIGN DISCLOSURE/CONT LIMIT (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND: 0 January 23, 1990 0 AGENDA REPORT City Manager Approval Item to be presented by: Carl Newton.•City Attorney ORDINANCE ESTABLISHING CONTRIBUTION LIMITATIONS Ordinance Number: 90-4 City Attorney LOCAL CAMPAIGN DISCLOSURE AND CAMPAIGN The City Council has directed the City Attorney to prepare an ordinance to establish local campaign disclosure and campaign contribution limitations. The attached ordinance is drafted to advance City interest by limiting large contributions from single sources to candidates for municipal office and by imposing reporting and accounting procedures for local campaigns. With regard to contributions, no candidate would be allowed to accept contributions from any individual in excess of $500.00 in any fiscal -year. No loans from any .person to any candidate shall be in excess of $250.00 in any fiscal year. No anonymous contributions could be accepted from an individual in excess of $25.00 in any calendar year. There would be no limitation on the amount of personal funds a candidate could make to his.or her own campaign. With regard to campaign disclosures, candidates would follow the same process as described in the Fair Political Practices Regulations. A final report, however, of all contributions and expenses on the campaign would have to be made on the Monday preceding the applicable election. The ordinance also prohibits the acceptance of any funds from a .person who has been bound by a valid contract with the City of Santa Clarita within one year. No person could accept compensation for circulating municipal political petitions. Any person violating any of the sections of this code. would be guilty of a misdemeanor punishable by a fine not exceeding $1,000.00 or by imprisonment in the County jail for a period not exceeding six months, or both. RECOMMENDATION: It is recommended that the City Council discuss this item and provide first reading if it is representative of the Council's wishes. ATTACHMENT: Ordinance No. 90-4 Agenda Item: n ORDINANCE NO. 90-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING TITLE 4, CHAPTER 4.02, TO THE MUNICIPAL CODE TO ESTABLISH LOCAL CAMPAIGN DISCLOSURE AND CAMPAIGN CONTRIBUTION LIMITATIONS. WHEREAS, local government should serve the needs and respond to the wishes of all citizens equally, without regard to wealth; and WHEREAS, public officials should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them; and WHEREAS, the City of Santa Clarita may enact campaign contribution limitations and disclosure require- ments applicable to candidates for local elective offices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Municipal Code for the City of Santa Clarita is amended to read as follows: TITLE 4 POLITICAL PRACTICES Chapter 4.02 CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE. Section 4.02.010. Purpose. The purpose of this chapter is to advance compelling city interests by limiting large contributions from single sources to candidates for municipal office and by imposing reporting and accounting procedures for local campaigns. The City interests are to provide a representative government which is accessible to all citizens, to deter corruption, and to inform the electorate as to the sources and uses of political contributions. Section 4.02_.020. Definitions. For the purposes of this chapter, unless the contrary is stated or clearly appears from the context, the definitions set forth in Chapter 2 of Title 9 of the Government -1- TBM/WP/ORD10110 • Code for the State of California (commencing at Section 82000) shall govern. Section 4.02.030. Contribution Limitations. (a) Contributions. No person shall make, and no candidate for elective office, or campaign treasurer, shall solicit or accept anv contribution which would cause the total amount contributed by that person to that candidate, including contributions or loans to all political committees or broad based political committees controlled by the candidate, to exceed $500 in any fiscal year. (b) Loans. No person shall make, and no candidate for elective office, or campaign treasurer, shall solicit or accept any loan which would cause the total amount loaned by that person to that candidate, including loans to all political committees or 'broad based political ccmmittees controlled by the candidate, to exceed $250 in any --------------- fiscal year. ;. (c) Anonymous Contributions. No person shall make an anonvmous contribution or contributions to a candidate, political committee or broad based political commi�t.. any other person 'totalling overS25in ayear. An^anonymous candidate or such o ittee shall not be kept by the intended recipient, but instead snail oe paia promptly to the freasurer ot tfte City _or eposit in the GenPraI Fund of the City. No candidate for lective office, or campaign treasurer, shall solicit or accept anonymous contributions from any sources which would cause the total amount contributed from anonymous contributions to that candidate, including anonymous contributions or loans to political committees or broad based political committees controlled by iha candidate, to exceed $200 in any fiscal year. Any anonymous contribution over the $200 limit shall not, e e by the intended recioien , u (d) Extension of Credit. No person shall extend credit, and no candidate for elective office, or campaign treasurer, or political committee or broad based political committee controlled by the -2- TBM/WP/ORD10110 C candidates shall solicit or accept any extension of credit which will extend beyond 90 days from the date upon which the debt is incurred by the candidate, or political committee or broad based political committee controlled by the candidate. (e) Personal Funds. The provisions of this section shall not apply to a candidate's contribution of his or her personal funds to his or her own campaign contribution account. (f) Commercial Loans. The provisions of this chapter regarding loans shall not -apply to loans made by a commercial lending institution in the lender's regular course of business on terms available to members of the general public and for which the loan recipient is personally liable. Section 4.02.040. Campaign Disclosure. (a) Campaign Bank Account. The notice and filing requirements of Government Code Sections 81000 et seq. regarding the cam aian bank account, shall be made to the Ci rl erk of the_ C�4 at the same im and in the sa'mannPr a(; reporting is made to the Fail i i ramal Practices Commission—fo the ate of California_ (b) Committee Registration. Every committee and 'broad based political involved in a municipal election_wh campai. n re wi Jerk in the same form, content and s in Government Co e ec io political committee ch files h t h e--C--i-4; pr ceaure as set seq. (c) Final Statement. In addition to all statements required by applicable provisions of law, candidates, political committees and broad based political committees shall file with the e ,preceding the applicable election a final report of -all contributions—and xpen es on h t�eprevMonday, or i ht da s rior to the elecThe City Treasurer may audit the reports and certify that the provisions of this ordinance were met. The Citv Clerk shall make such reports open for puplic inspection. T3M/WP/ORD10110 7K I C, rvrp. 4e Im W • • 0 0 Section 4.02.050. Prohibitions. Adv (a) Persons with City Contracts. o person who has been bound by a valid contract with the City of Santa Clarita within one (1) year of the contribution or loan shall make an no candidate for e ective off' campaign treasurer, shall-- sofiloan from the Cit vlIl Vi1C 1 YCQi vi t e date of such can. (b) No paid Circulators. No person shall accept compensation, and no person shall compensate any other person, for circulatina a municipal political petition. Section 4.02.060. Violation - Penalty. Any person violating any of the provisions of this chapter is guilty of a misdemeanor punishable by a fine not exceediX1,000.0 r by imprisonment in the County Jail ror a period not exceeding six months, or both. Section 4.02.070. Severability. If any provision or portion of this Chapter is for any reason held invalid or unconstitutional by the decision of anv court, such decision shall not affect the remainina portions of this Chapter. SECTION 2. The City Clerk shall certify to the passage of this ordinance, shall file a copy of this ordinance with the Fair Political Practices Commission for the State of California, and shall cause the same to be published in the manner prescribed by law. 19 ATTEST: PASSED AND APPROVED this day of CITY CLERK TBM/WP/ORD10110 CEAW MAYOR P • • 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF LOS ANGELES ) I, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , lg , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: -5- TBM/WP/ORD10110 CITY CLERK