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HomeMy WebLinkAbout1992-12-08 - AGENDA REPORTS - LOCAL CAMPAIGN LIMITATION (2)UNFINISHED BUSINESS DATE: December 8, 1992 AGENDA REPORT City Manager Item to be pr Michael P. Murphy SUBJECT: LOCAL CAMPAIGN CONTRIBUTION LIMITATION DEPARTMENT: City Manager BACKGROUND On February 13, 1990, the City Council adopted Ordinance 90-4 establishing local campaign disclosure and campaign contribution limitations. In a letter to.the City Clerk dated March 3, 1992, the City Attorney advised that the City should cease enforcement of the campaign contribution limitations portion of the ordinance. This recommendation was made in. light of an opinion issued by the Ninth Circuit Court of Appeals ruling that Proposition 73 (the campaign financing reform initiative) is unconstitutional. Santa Clarita Ordinance 90-4 closely parallels the provisions of Proposition 73 by limiting contributions and loans to candidates during a particular fiscal year. Subsequent court rulings in other cases have invalidated other portions of Ordinance 90-4. Several local residents have suggested that the City Council amend the Municipal Code sections relative to local campaign contribution limitations as enacted by Ordinance 90-4 to conform with the court rulings. The citizen's committee submitted a campaign contribution limitation proposal. The City Attorney reviewed the citizens' proposal and expressed some concerns regarding technical correctness and consistency respect to the current state of the law. The City Attorney submitted for the City Council's consideration a second proposal which closely mirrors the citizen recommended ordinance with technical corrections and language defining the time frame for donations to occur. At its regular meeting of November 24, 1992, Ordinance 92-21 was introduced and passed to second reading. During the Council's discussion of the issue, two specific issues were addressed. First, anyone making a contribution of $50.00 or more shall be identified in campaign disclosure records. Second, it is the intent of the City Council in adopting this ordinance that it apply only to candidates for public office and that it specifically not apply to ballot measures. RECOMMENDATION Conduct second.reading of Ordinance 92-21 and adopt. ATTACHMENT Ordinance 92-21 Adoplv:':1�- -g�- A MPM:411 f°1�eenda Item: r ORDINANCE NO. 92-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA.CLARITA, CALIFORNIA, AMENDING TITLE 7, CHAPTER 7.02, OF THE MUNICIPAL CODE REGARDING LOCAL CAMPAIGN DISCLOSURE AND CAMPAIGN CONTRIBUTION LIMITATIONS. SECTION 1. The City Council does hereby find, determine and declare as follows: A. Local government should serve the needs and respond to the wishes of all citizens equally, without regard to wealth. B. 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. C. The City of Santa Clarita may enact campaign contribution limitations and disclosure requirements applicable to candidates for local elective offices. This ordinance shall apply only to candidates for office and shall not apply to ballot measure campaigns. NOW, THEREFORE, THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 2. Title 7 of the Municipal Code for the City of Santa Clarita is amended to read as follows: TITLE 7 POLITICAL PRACTICES Chapter 7.02 CAMPAIGN CONTRIBUTIONS LIMITATIONS AND DISCLOSURE Section 7.02.010. 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's 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 36905.2 contributions. This ordinance shall not apply to ballot measures. Section 7.02.020. Definitions. For the purposes of this chapter, unlessthe contrary is stated or clearly appears from the context, the definitions set forth in Chapter 2 of Title 9 of the Government Code for the State of California (commencing at Section 82000) shall govern. Section 7.02.030. Contribution Limitations. (a) 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 or committees controlled by that candidate to exceed $250 per election contest. (b) Disclosure of Contributors. Candidates shall report the names and addresses of all persons who contribute.$50.00 or more to their campaign. Such disclosure shall also include the name and address of the contributor's employer. If the contributor is self-employed, the candidate shall report the name and address of the contributor's business. (c) 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 contributed to the candidate or committees controlled by the candidate to exceed $250 per election contest. (d) Anonymous Contributions. No person shall make an anonymous contribution or contributions to a candidate, political committee,.broad based political committee, ballot measure committees or any other person totalling over $50.00 or more. An anonymous contribution of more than $50.00 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. No candidate for elective office or campaign treasurer shall solicit or accept 36905.2 -2- anonymous contributions from any sources which would cause the total amount contributed from anonymous contributions or loans to political committees, broad based political committees, or ballot measure committees to exceed $200. 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. (e) Extension of Credit. No person shall extend credit, and no candidate for elective office or campaign treasurer, or political committee, broad based political committee or ballot measure committee 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, political committee, broad based political committee or ballot measure committees. (f) Personal Funds. The provisions of this section shall not apply to a candidate's contributions of his or her personal funds to his or her own campaign contribution account. (g) 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 7.02.040. Campaign Disclosure. (a) Campaign Bank Account. The notice and filing requirements of Government Code Sections 81000 et seg. 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 involved in a municipal election which files campaign reports shall file also with the City Clerk in the same form, content 36905.2 -3- and procedure as set forth in Government Code Sections 81000 et sea. (c) Disclosure of Campaign Material Sponsor. Any campaign material which is published or displayed shall disclose the -name, street address and city of the candidate or campaign committee who sponsored the campaign materials. Such disclosure shall be set in 12 point type for an 8 1/2" x 11" sheet and proportionately larger for broadsides and posters. It shall be in a color and print which contrasts with the background so as to be easily legible and placed in a drawn box or set apart from any other printed matter. Section 7.02.050. 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 (6) months or both. Section 7.02.060. 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. The City Council hereby declares that it would have passed and adopted this Chapter and each and all of the provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 3. The provision of Section 2 of this ordinance shall entirely supersede the existing provisions of Title 7 of the Santa Clarita Municipal Code. SECTION 4. 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. The ordinance shall be effective thirty (30) days after passage. 36905.2 -4- PASSED AND APPROVED THIS DAY OF , 1992. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify the foregoing Ordinance No. 92- was regularly introduced and placed upon its first.reading at a regular meeting of the City Council on the day of , 1992. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 369015.2 -5- [City Attorney Recommended Ordinance] ORDINANCE NO. 92-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING TITLE 7, CHAPTER 7.02, OF THE MUNICIPAL CODE REGARDING LOCAL CAMPAIGN DISCLOSURE AND CAMPAIGN CONTRIBUTION LIMITATIONS. SECTION 1. The City Council does hereby find, determine and declare as follows: A. Local government should serve the needs and respond to the wishes of all citizens equally, without regard to.wealth. B. 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. C. The City of Santa Clarita may enact campaign contribution limitations and disclosure requirements applicable to candidates for local elective offices. This ordinance shall apply only to candidates for office and shall not apply to ballot measure campaigns. NOW, THEREFORE, THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 2. Title 7 of the Municipal Code for the City of Santa Clarita is amended to read as follows: TITLE 7 POLITICAL PRACTICES Chapter 7.02 CAMPAIGN CONTRIBUTIONS LIMITATIONS AND DISCLOSURE Section 7.02.010. 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's interests are to provide a representative government which is accessible to all citizens, to deter 36905.2 [City Attorney Recommended Ordinance] corruption, and to inform the electorate as to the sources and uses of political contributions. Section 7.02.020. 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 Code for the State of California (commencing at Section 82000) shall govern. Section 7.02.030. Contribution Limitations. (a) 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 or committees controlled by that candidate to exceed $250 per election contest. (b) Disclosure of Contributors. Candidates shall report the names and addresses of all persons who contribute $50.00 or more to their campaign. Such disclosure shall also include the name and address of the contributor's employer. If the contributor is self-employed, the candidate shall report the name and address of the contributor's business. (c) 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 contributed to the candidate or committees controlled by the candidate to exceed $250 per election contest. (d) Anonymous Contributions. No person shall make an anonymous contribution or contributions to a candidate, political committee, broad based political committee, ballot measure committees or any other person totalling over $50.00 or more. An anonymous contribution of more than $50.00 received by 3690.5.2 -2- 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. No candidate 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 or loans to political committees, broad based political committees, or ballot measure committees to exceed $200. 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. (e) Extension of Credit. No person shall extend credit, and no candidate for elective office or campaign treasurer, or political committee, broad based political committee or ballot measure committee 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, political committee, broad based political committee or ballot measure committees. (f) Personal Funds. The provisions of this section shall not apply to a candidate's contributions of his or her personal funds to his or her own campaign contribution account. (g) 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 7.02.040. Campaign Disclosure. (a) Campaign Bank Account. The notice and filing requirements of Government Code Sections 81000 et sea. 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. 36905.2 -3- (b) Committee Registration. Every 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 sea. (c) Disclosure of Campaign Material Sponsor. Any campaign material which is published or displayed shall disclose the name, street address and city of the candidate or campaign committee who sponsored the campaign materials. Such disclosure shall be set in 12 point type for an 8 1/2" x 11" sheet and proportionately larger for broadsides and posters. It shall be in a color and print which contrasts with the background so as to be easily legible and placed in a drawn box or set apart from any other printed matter. Section 7.02.050. 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 -(6) months or both. Section 7.02.060. 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. The City Council hereby declares that it would have passed and adopted this Chapter and each and all of the provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 3. The provision of Section 2 of this Ordinance shall entirely supersede the existing provisions of Title 7 of the Santa Clarita Municipal Code. SECTION 4. 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. The ordinance shall be effective thirty (30) days after passage. 369Q5.2 -4- PASSED AND APPROVED THIS ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF SANTA CLARITA ) DAY OF , 1992. Mayor I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify the foregoing Ordinance No. 92- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1992. That thereafter, said�ance was duly adoptedandpassed at a regular meeting of the City Council on the day of , 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 36906.2 -5- SECTION 1. C. The City of Santa Clarita limitations and disclosures r for elective office. This or campaigns. SECTION 2. Section 7.02.030. (b) Disclosure of Contributors. Change $25.00 to 550.00 Section 7.02.030. (d) Anonymous Contributions. enact campaign contribution ements applicable to candidates Change $25.00 to S50.00 in both references.