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HomeMy WebLinkAbout2003-07-08 - AGENDA REPORTS - CAMPDISC CONTRIBUTION LIMIT (2)Agenda Item: -_ CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Frank Ferry DATE: July 8, 2003 SUBJECT: REPEAL CHAPTER 7.02 (SECTIONS 7.02.010 THROUGH 7.02.060) CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE DEPARTMENT: City Manager RECOMMENDED ACTION City Council introduce an ordinance repealing Santa Clarita Municipal Code Chapter 7.02. PURPOSE Candidates for Santa Clarita City Council elections will adhere to the State of California's Fair Political Practices Commission (FPPC) and changes to California Campaign Finance Law adopted by voter approved Proposition 34. The purpose of this action is to align the City's municipal election finance laws with state, county, school board and water board election FPPC requirements. Currently, the following elected officials adhere to the State's FPPC and Proposition 34 laws: Castaic Union School District Sulphur Springs School District Newhall Water District Tom Caesar Teresa Todd Barbara Dore Steven Sansone Kerry Clegg Lynne Plambeck Nora Emmons Michael Hogan Joan Dunn John Kunak Sheldon Wigdor Randall Pfiester Wendy Gingrich Marilyn Sparks Valerie Thomas Continued To: Newhall School District Wm S Hart Union School District Castaic Water Aeency Ron Winkler Phil Ellis Tom Campbell John Castagna Suzan Solomon Sue Nieberger Steve Tannehill Steven Sturgeon Dennis King Paul Strickland Patricia Hanrion Saueus Union School District College of the Canyons Peter Kavounas Bill Cooper Ed Colley Jerry Gladbach RJ Kelley Bill Pecsi Judy Umeck Bruce Fortin State Senator McClintock Jonathan Myl Ernest Tichenor State Senator Knight Rose Koscielney Joan MacGregor Assemblymember Richman Rose Diaz Michele Jenkins Assemblymember Runner Gary Murr Ron Gillis Assemblymember Strickland Supervisor Antonovich ALTERNATIVE ACTIONS Other action as determined by Council FISCAL IMPACT None ATTACHMENTS Municipal Code Chapter 7.02 Ordinance Santa Clarita Municipal Code Chapter 7.02 CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE Sections: 7.02.010 Purpose. 7.02.020 Definitions. 7.02.030 Contribution Limitations. 7.02.040 Campaign Disclosure. 7.02.050A Repealed. 7.02.050B Violation --Penalty. 7.02.060 Severability. 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 contributions. This Ordinance shall not apply to ballot measures. (Ord. 9011, 2/13/90; amend. Ord. 92-21, 12/8/92) 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. (Ord. 90-4,2113/90) Section 7.02.030 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, or committees controlled by that candidate to exceed $250 per election contest. (amend. Ord. 92-21, 12/8/92) 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. (amend. Ord. 92-21, 12/8/92) 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. (amend. Ord. 92-21, 12/8/92) 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 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 Page 1 of 2 Santa Clarita Municipal Code in the General Fund of the City. (amend. Ord. 92/21, 12/8/92) 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, or political committee, broad based political committee, or ballot measure committees. (amend. Ord. 92-21, 12/8/92) F. Personal Funds. The provisions of this Section shall not apply to a candidate's contributions of his of her personal funds to his or her own campaign contribution account. (amend. Ord. 92-21, 12/8/92) 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. (Ord. 90-4, 2/13/90; amend. Ord. 92-21, 12/8/92) Section 7.02.040 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. (amend. Ord. 92-21, 12/8/92) 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 seq. (amend. Ord. 92-21,12/8/92) 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 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. (Ord. 90-4, 2/13/90; amend. Ord. 92-21, 12/8/92) Section 7.02.050A Repealed. (amend. Ord. 92-21, 12/8/92) Section 7.02.050B 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. (Ord. 90-4,.2113/90; amend. Ord. 92-21, 12/8/92) 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. (Ord. 90-4, 2/13/90; amend. Ord. 92-21, 12/8/92) Page 2 of 2