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HomeMy WebLinkAbout1990-02-13 - AGENDA REPORTS - CAMPAIGN DISCLOSURE/CONT LIMIT (2)AGENDA REPORT City Manager Approval Item to be presented by-: UNFMSHE•D BUSIIWM Carl Newton, City Attorney DATE: February 13, 1990 SUBJECT: ORDINANCE ESTABLISHING LOCAL CAMPAIGN DISCLOSURE AND CAMPAIGN CONTRIBUTION LIMITATIONS Ordinance Number: 90-4 DEPARTMENT: City Attorney BACKGROUND: On January 23, 1990, Council discussed and amended this item. It has been revised per Council's direction and is now ready for adoption. RECOMMENDATION: It is recommended that the City Council adopt Ordinance Number 90-4. The changes are reflected in the attached redlined version of the ordinance. ATTACHMENT: Ordinance No. 90-4 AI ©pted: � S fP Agenda Item: • 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 C� 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 any 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 $590250 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 committees controlled by the candidate, to exceed $250 in any fiscal year. (c) Anonymous Contributions. No person shall make an anonymous contribution or contributions to a candidate, political committee or broad based political committee or any other person totalling ever $25 or more in aU eslenderfiscal year. An anonymous contribution of more than $25 received by a candidate or such a committee shall not be kept by the intended recipient, but instead shall be paid promptly to the Treasurer of the City for deposit in the General Fund of the City. No candi- date for elective 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 the candidate, to exceed $200 in any fiscal year. Any anonymous contribution over the $200 limit shall not be kept by the intended recipient, but instead shall be paid promptly to the Treasurer of the City for deposit in the General Fund of the City. (d) Extension of Credit. No person shall extend credit, and no candidate for elective office, or campaign treasurer, or political committee or broad -2- TBM/WP/ORD10110 based political committee controlled by the 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 campaign bank account, shall be made to the City Clerk of the City at the same time and in the.same manner as reporting is made to the Fair Political Practices Commission for the State of California. (b) Committee Registration. Every political committee and broad based political committee involved in a municipal election which files campaign reports shall file also with the City Clerk in the same form, content and procedure as set forth in Government Code Sections 81000 et 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 City Clerk, on the Monday preceding the applicable election, a final report of all contributions including the _identity of each contribution of 25.00 or over and expenses on the campaign made through the previous Monday, or eight days prior to the election.. The City Treasurer may audit the reports and certify that the provisions of this ordinance were met. The City Clerk shall make such reports open for public inspection. _3_ TBM/WP/ORD10110 Section 4.02.050. Prohibitions. 0 (a) Persons with City Contracts. No person who has been bound by a valid contract exceeding $50.000 in value with the City of Santa Clarita within one (1) year of the contribution or loan shall make, and no candidate for elective office, or campaign treasurer, -shall solicit or accept a contribution or loan from a person who has been bound by a valid contract with the City of Santa Clarita within one (1) year of the date.of such contribution or loan. Alist of all contracts within this prohibition shall be furnished to each candidate upon which the candidate M,�y be entitled to rely. (b) No paid Circulators. No person shall accept compensation, and no person shall compensate any other person, for circulating 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 exceeding $1,000.00 or by imprisonment in the County Jail for 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 any court, such decision shall not affect the remaining 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 -4- TBM/WP/ORD10110 } the State of California, and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this day of 19_. ATTEST: CITY CLERK -5- TBM/WP/ORD10110 MAYOR 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. 90-4 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 90 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1990 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK -6- TBM/WP/ORD10110