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HomeMy WebLinkAboutResolution 2004-098 N.C.S. 06/07/2004 resolution No.2OO4-098 N.C.S. of the. City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO CAMPAIGN FINANCE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004, AND REQUESTING THE SONOMA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE NOVEMBER 2, 2004 PRESIDENTIAL ELECTION WHEREAS, a General Municipal Election on Tuesday, November 2, 2004 has been called by Resolution No. 2004-095 N.C.S. adopted on June 7, 2004; and, WHEREAS, pursuant to authority provided by statue a petition has been filed with the legislative body of the City of Petaluma, California signed by more than 10% of the number of registered voters of the City to submit a proposed ordinance relating to campaign financing; and, WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, .and has so certified; and, WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and, WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters; and, WHEREAS, it is desirable that the Regular Municipal Election be consolidated with the Statewide Presidential Election to be held on the same date and that within the City the precincts, polling places and election officers of the elections be the same, and that the Election Department of the County of Sonoma canvass the returns of the Regular Municipal Election, and that the election be held in all respects as if there were only one election: NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED AS FOLLOWS: Resolution No. 2004-098 N.C.S. SECTION 1. That pursuant to the requirements of the City of Petaluma's Charter, the following is added to the already called General Municipal Election to be held Tuesday, November 2, 2004, for the purpose of submitting the following proposed ordinance: "Shall the Petaluma Municipal Code Chapter 1.30 be amended to revise existing mandatory limits on campaign YES contributions to City Council and City Mayor candidates and revise the existing mandatory public disclosure NO re uirements?" SECTION 2. That the text of the ordinance submitted to the voters is attached as Exhibit A. SECTION 3. Pursuant to the Petaluma City Charter and requirement Election Code Section 10403, the Board of Supervisors of the County of Sonoma is hereby requested to consent and agree to the consolidation of a Regular Municipal Election with the Statewide Presidential Election on Tuesday, November 2, 2004, for the purpose of submitting the proposed ordinance to the electorate of the City of Petaluma. SECTION 4. The Sonoma County Election Department is authorized to canvass the returns of the Regular Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 5. The Board of Supervisors is requested to issue instructions to the Sonoma County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 6. The City of Petaluma recognizes that additional costs may be incurred by the County by reason of this consolidation and agrees to reimburse the County for such costs. SECTION 7. The City Clerk shall file a certified copy of this resolution with the Board of Supervisors and. with the Sonoma County Election Department. Resolution 2004-098 N.C.S. Page 2 SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced. and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form on the .........7~ day of ........Inne......................................., 20.44., by the following vote: y••••••• Ci Attorne AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt NOES: None ABSENT: None ~ • ATTEST: City Jerk ayor Council File Res. No.......200A~098.........N.C.S. AN ORDIN~4NCE ®F THE, VOTERS OF THE CITY OF PETALUMA AMENDING CHAPTER 1.30 OF THE PETALUMA 1VIUNICIPAL CODE AND SETTING VIANDATOR~' LIl`IITS ON CAMPAIGN CONTRIBUTIONS TO CITY COUNCIL AND CITY MAYOR CANDIDATES, ENACTING MANDATORY PUBLIC DISCLOSURE REGULATIONS, PRESCRIBING ENFORCEMENT IvIECIIANISMS AND PENALTIES FOR VIOLATIONS THE PEOPLE OF THE CITY OF PETALUMA DO ORDAIN AS FOLLOWS: Section. 1. Chapter 1.3G of Title 1 of the City of Petaluma Municipal Code is herby amended in its entirety.. in the manr~~r hereinafter described. CSIAPTER 1.30 PETALUNI.4. CAMPAIGN FINANCE Sections: 1.30.010 Title 1.30:t~20 Legislative Intent 1.30.J22 Relation to Political Reform Act of 1974 1.30.02.5 Definitions 1.30, 03 ~ Ccntribution L.imitation 1.30.03 ~ 1?le~.,tion Cycles 1.30.(:40 Disclosure Requirement 1.30.042 Aggregation of Contributions 1..30.x44 .Loan to City Candidates and Their Controlled Committees 1.3G.04~ Outstanding Debt Retirement and Reporting 1.30.046 Multiple Campaign Committees 1.30.070 Independent Expenditures 1.30.080 Enforce~r~ent ~ .3'1.010 Title. Tl~is Chapter shat] be entitled "Petaluma Campaign Finance." 1..30.020 -Legislative Intent. To assure the public that: A. excessive campaign costs and large contributions da not cause corruption or the appearance of corruption in the election process; B. large campaign contributions will not be used to buy political access or to influence governmental actions; liesolution No. 2004-098 N.C.S. Page 4 C. access to large amounts of money will not be a prune .requirement for participation in the political process; D. they are fully informed of the contributors to political campaigns. l . i0.02L =Relation to Political Reform Act of 1974 This chapter is intended to supplement the Political Reform Act of 1974 (Government Code Title 9, 81000 et seq.). Unless a word or term is specifically defined in this chapter, or the contrary is stated or clearly appears from the context, words and terms used herein shall have the same meaning as defined Ur used in Title 9 of the California CYovernment Code, in which the Political Reform Act of 1974 is codified, and as supplemented by the Regulations of the Fair .Political Practices Commission as set forth in Title 2, Division 6 of the California Code of Regulations, as the same may be, from time to time, amended. If a definition of any word or term defined in this chapter is preempted by the provision of the Political Reform Act or the Regulations of the Fair PUlitical Practices Commission; then the do±inition in said Act and Regl.iiations shall prevail. .3C~.0?~_Definitions. A. "Person" means an individual, proprietorship, firir~, partnership, joint venture, syndicate, business trust, coir~pany, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. B. "City election" means any general election,. special election or recall election. C. "Election Cycle" shall mean the applicable period as set forth in Section 1.30.035. D. "Candidate" means any person who is a candidate for Mayor or City Council .for the City of Petaluma, including incumbent Mayor or Council Members, appointed or elected whether or not a candidate for reelection. E. "Indebted Former Candidate" means a person who was a candidate for Mayor or City Council at any City Election and who has campaign debt remaining from such election after expiration of the Election Cycle for the off ce of which he or she was a candidate. Resolution No. 'LOGO-O98 N.C.S. Page 5 1.30.030 -Contribution Limitation.. A. No candidate for City Council or Mayor, candidate committee, or council member or Mayor shall solicit or accept any contribution, including any "in-kind" contribution, that will cause the total contributions to that candidate from any person to exceed Two Hundred Dollars ($200.00} during any Election Cycle. The receipt of any contribution which would cause the total amount of contributions to a candidate from a single person to exceed Two Hundred Dollars ($200.00) shall promptly return any such excess to the donor.. The provisions of this section shall not apply to contributions by a candidate for City Council or Mayor of his or her own funds to his or her ov~;m controlled committee. Contributions by the spouse of a candidate for City Council or Mayor from such. spouse's separate property shall be subject to the contribution limits. B. Elective Council Members and Candidates With Outstanding Debt From Prior . Election. No person shall make, and no Mayor or City Council member or indebted former candidate, or treasurer of any controlled committee of any Mayor or City Council member or indebted former candidate; shall solicit or accept, any contributions for the purpose of retiring outstanding debt from a prior City Election! ~~~hich would cause the total amount contributed by such person to such. Mayor or Council. member or indebted former candidate or to his or her controlled committee; to exceed two hundred dollars ($20U) for the election. in which the outstanding debt was incurred, regardless of when the contribution(s) is made or received. C. Recall Elections. The contribution limitations set forth in subsection A above shall also apply to any cozrYmittee which collects contributions for the purpose of making expenditures in support of or opposition to the recall of a Mayor or City Council Member, and to contributions received by such Mayor or City Council Member during a recall Election Cycles as defined in Section 1.30.035. D. Candidates 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 controlled committee. Contributions by the spouse of a Candidate from such spouse's separate property shall be subject to the contribution (imitations set forth in Subsection A. Resolution No. 2004-OI8 N.C.S. Page 6 1.30.035 - Election C cles. A. General Elections. For purposes of any election for City Council or Mayor, the term Election Cycle as used in this chapter shall mean the period commencing on January 1 of the year following a year in which a City Council election is held and ending on December 31 of the year in which the next succeeding election is held. B. Special Elections. For purposes of any special election for City Council or Mayor, the term Election Cycle as used in this chapter shall mean the period comL-nencing on the date a special election is called by the City Council and ending on the thirtieth (30~'') day following said special election. C. Recall Elections. For purposes of any recall election for City Cauncil o,: h~Iaycr, the term Election- Cycle as used in this chapter shall mean the period commencing on either the date a committee is formed pursuant to the Political Reform Act in support of a recall election or the date the City Clerk approves a recall. petition for circulation and gathering of signatures, whichever occurs earlier, and ending on tine thirtieth (30t'') day following the first to occur of any of the following: (1) The time provided by law for the gathering of signatures on recall petitions expires without sufficient recall petition signature having been filed with the City Clerk to require a recall election; (2) All committees formed in support of the recall have been terminated pursuant to the provisions of the Political Reform Act; (3) The date the recall election is held. D. Campaign Debt. Nothing in this chapter shall prohibit indebted candidates and/or their controlled campaign committee from soliciting and receiving funds to pay cuff their campaign debt in accordance with ±he provisions of Section 1..30,030, after the end of the Election Cycles defined above. 1.30.040 -Disclosure Requirement. A. Each candidate for city council or mayor, or candidate committee, or council member or mayor, shall provide detailed itemization, as defined in the California Political Reform Act of 1974, for all contributions received in excess of Twenty- - Five Dollars ($25.00).. B. Each candidate for City Council or Mayor, or candidate committee shall file a third pre-election Campaign Disclosure Statement. (Form 460 or any successor form thereto), as provided by the California Fair Politica,' Practices Commission Resolution No. 2004-098 N.C.S. Page 7 for the period from the end of the period covered by the second pre-election statement to 11:59 PM on the third business day immediately preceding election day (normally Thursday). Such statement shall be filed with the Clerk of the City of Petaluma by 5:00 PM on the second business day immediately preceding election day (normally Frida_y). C. Each candidate, and each committee making independent expenditures, who sends a mailing or distributes more than 200 substantially similar pieces of campaign Literature shall send a copy of the mailing or other literature to the City Clerk at the same time the mailing or other Literature is given to the post office or otherwise distributed. During the election. campaign, the City Clerk merely serves as a repository for such literature and shall not judge or comment on the contents of such literature. .1.30.042 - Agere~ation of Contributions: The contributions of any person whose contributions are directed and controlled by another person shall be aggregated with those of the controlling person for purposes of the contribution limits. Contributions by a married person shall be treated as the separate contributions of such person and shall not be aggregated with any contributions of the. spouse of such person 1.30.044 -Loan to City Candidates and Their Controlled Committees. A. A loan shall be considered contribution. from the maker and the guarantor of the loan and shall be subject to the contribution limitations of this chapter. B. The proceeds of a loan made to a candidate for City Council or Mayor by a commercial lending institution in the regular course of business on the same terms available to members of the public shall not be subject to the contribution limitations of this chapter if the loan is .made directly to the candidate. The guarantors of such a loan shall remain subject to the contribution limits of this chapter. C. Extensions of credit (other than loans pursuant to subsection B) for a period of more than thirty (30) days are subject to the contribution limitations of this chapter. Resolution No. Z00~-095 N.C.S. Page 5 (1) .An "extension of credit" means the provision of goods or services for which payment in full is not received. An extension of credit is deemed to begin by the earlier of two dates: (a) 15 days after the date specified on the invoice for payment; or (b) 45 days Frozri the date the goods or services were delivered. (2) "Payment in full" means payment of not less than fair market value for the goods or services provided. (3) An extension of credit for a period of more than 30 days is a contribution subject to the contribution 1inLtations of the ordinance, except as provided in subsections {d), (e), (f) and (g) of this section. (4) If a candidate or a candidate's controlled committee has an extension of credit far more than 30 days outstanding with a provider or vendor ~f goods or sen~ices, any additional credit extended to the candidate or the candidate's controlled committee by the same provider or vendor of goods or services shall be a contribution to the candidate or the candidate's controlled committee from the person subject to all of the contribution liiritation5 of tiie Act. {j) If all of the follo~x~ing criteria are satisfied by a provider or vendor of goods or services, it shall (k) be a complete deferise for the provider or vendor of the goods or services in any enforcement action initiated by th.e City, and (ii) relieve the provider or vendor of the goods or services of any reporting requirements of this title; (a) The credit arrangement was recorded in a written instrument; (b) It is a primary business of the provider or vendor of goods or services to provide similar goods or services; {c} The provider or vendor of goods or services provided the goods or services in the ordinary course of business and on the same terms and conditions offered to customers generally; (d) The provider or vendor of goods or services did not have actual. knowledge that the candidate or committee would not be able to pay within the time limit specified in Subsection (a); (e) The provider or vendor of goods or services made reasonable efforts to collect the full amount of the .payment owed within one hundred twenty (120) clays of the date specified in subsection (a}; Resolution No. ?004-098 N.C.S. Page 9 The provider or vendor of goods or services entered into the agreement with the intent that the candidate or committee would be required to pay within the time limit specified in subsection (a); and, (g) The provider or vendor of goods or services did not extend any additional credit to the candidate or the candidate's controlled committee when the candidate or the candidate's controlled committee already had an extension of credit far more than 30 days outstanding with the same provider or vendor of goods or services as provided in subsection (d). i). This section shall apply only to loans and extensions of credit used or i;~tended for use for ca,npaign purposes or which are other.~~ise coru6~cted with the holding of public office. ~;0.04~ - ©utstanain~ Debt Retirement and Reporting A. . ;ny Ylayor or City Council member or indebted former candidate, or any controlled committee of any such officer or candidate, accepting any contribuiion(s) for the purpose of retiring outstanding debt from a. prior City Eiecti~ n and required by City or state lavr to report such contribut.ic,ns nn Schedule A of Fair Political Practices Commission Form x160, or any successor form thereto, shall, at the time required for the reporting of such contributions en Schedule A and in addition to any other- reporting requirements under state law, clearly designate on said Schedule A which contributions were received .for the purpose of retiring outstanding debt and for which prior City Election such contributions were received. B. Any contribution accepted for the purpose of retiring outstanding debt from a prior City Election shall be applied to reduce or retire said outstanding debt in the same reporting period in which such contribution was accepted. The application of any contribution to retire outstanding debt from a prior City Election (i.e., repayment of outstanding ]oans and payment of accrued expenses) shall be itemized and identified on the appropriate schedules and on the Summary Page of Form 460, or any successor form thereto, provided by the Fair Political Practices Commission. Resolution No. 20U4-G98 N.C.S. Page 10 C. If a Mayor or City Councii_ member or indebted former candidate, or a controlled. committee of any such officer or candidate, receives contributions for the purpose of retiring outstanding debt from a prior City Election and the amount of the contributions exceeds the amount of the debt, the excess funds may be used for any other campaign or officeholder expel~se and shall not be subject to the aggregation requirements set forth. in sectu~n 1.30.042 in the election cycle in which the excess funds are expended. 1.30.046 -Multiple Campaign Committees. A. A candidate for City Council or T~Tayor shall have no more than one controlled committee and Such controlled comrr~ittee shall have only one bank account out of which all qualified campaign and effice:~older expenses related to that office shall be made. B. This section does not prevent a candidate for City Council or Mayor or a City Council member or Mayor from establishing another controlled committee solely for the purpose of runn'ing' for a state, federal, county or other elective office, or for opposing his or her recall. 1.30.070 -Independent Expenditures. A. Any person or eniity making independent expenditures which aggregate in excess of Twenty-Five Dollars (525.00) during any Election Cycle shall deliver notice in writing of such independent expenditure, as well as the amount of such expenditure, a.nd a detailed description of the use of such independent e~:penditure. Such notice shall be filed wlth the city clerk on a form prepared by the city clerk for such purpose. The notice shall specifically state the name of the candidate or c~.ndidates whom the independent expenditure is intended to support or oppose and shall. also include the information required to be provided in the Campaign Disclosure Statement (form 465 or any successor form thereto) as provided by the California Fair Political. Practices Commission. Each .independent expenditure shall require delivery of a new notice. Such notice shall be filed for the same reporting periods and be the same deadlines as are expenditures by Candidates pursuant to the California Fair Political Practices Act and by Section 1.30.040(B) of this Ordinance. Resolution TJo. 2004-09~ N.C.S. Pabe 1 l B. Any person or entity making an independent expenditure in excess of Twenty- . Five Dollars ($25.00) shall disclose in any political message produced by the expenditl~re, the full name, address, and phone number of the person or organization, the name of the registered agent, the amount of the expenditure, and the specific statement that the advertisement of material is not authorized by ar~y candidate. Persons or organizations who make independent expenditures for or against a Candidate or committee shall indicate clearly on any material published, displayed or broadcast that it was not authorized by a Candidate or committee controlled by a C andidate. Such disclosure shall be printed in 12-point type or larger in a.ny printed materials, and prominently displayed in any non-printed materials or message. 1.30.080 - enforcement. A. INTO Criminal Penalties. ~,Totwithstanding any other provision of the Petaluma Mur{i;,ipal Code, any violation of any provision of this chapter shall be enforceable solely as provided in this section. B. Civil ~~iability, t~2zy person who fails to comply with any provision or rec~uiremert of this chapter shall be strictly liable to the City of retalnma in a sum not ±c exceed the following amount for each such violation: (1) For the making or accepting of any contributioi~ in excess of the applicable contribution limits specified in this chapter, a sum ea~aal to three (3) times the amount by which the contribut1021 exceeds the applicable contribution limit, or the sum of five hundred dollars ($~00), v,~hichever is greater, far each violation. (2) For any cther violation of this chapter, the sum of lave hundred dollars ($500) for each violation. C; Right to Cure L?nl-.Wowing Violation. In the event a candidate accepts a contribution and then becomes aware it is in violation of the contribution limit, that violation by the candidate may be excused if the candidate returns the contribution or contributes it to the City General Fund within 14 days of becoming aware of the violation. Resolution No. 2004-098 N.C.S. Page I2 D. Debt Owing to City. Any amount due from any person pursuani to subsection (B) above shall be a debt due and owing upon demand to the General p'und of the City. of Petaluma. E. Civil Action to Collect Debt and Obtain Other Relief. The District. Attorney of the County of Sonoma shall file and prosecute a civil action in superior court, to recover any amount(s) due and owing to the City of Petaluma by any person pursuant to this section, or to enjoin any violation or otherwise compel compliance with the requirements of this chapter. Limitations of Actions. No civil action shall be brou5ht under the provisiors of this section unless said action. is filed within one (1) year following the date of such violation. G. Remedial Measures. If the District Attorney determines or believes that any person (the target party) has violated any provision of this chapter, the District Attorney may, at his or her sole discretion, advise the target party of re~~~edial measures which may betaken by the target party to avoid possible ivil action (the "Remedial Measures"). Such Remedial Measures may, but reed not necessarily, include the payment of a civil. fine to the City. Nothing contained herein shall be deemed to require -the District Attarne}~ to offer Remedial Measures to any target party. In the event the target pa~-y is offered anal timely performs such Remedial Measures to the Satisfaction of thz District Attorney, the District Attorney shall advise the target party (and any person who, in writing, informed or complained to the District Attorney concerning ar,y such violation), in writing, that the alleged violation has been resolved (the "better of Resolution") and, in such event, no civil action shall thereafter tie filed or maintained relating to such alleged violation of this chapter. Section 2. The City shall reimburse the Office of the District Attorney far all expenses incur red in enforcing Chapter 1.30 of the Petaluma ?vTunicipal Code. Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the rer~laining portions of this ordinance. The voters of the City of Petaluma hereby declare that Choy would have passed Resolution No. 2004-09& TJ.C.S. Page l3 and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 4. This ordinance shall become eff~ ctive ten (i0) days after the date the vote is declared by the city council. Section 5. This ordinance may be arrteiided ur repealed by a unanimous vote of the city council. Section 6. The City Clerk is here:ny directed to post this ordinance for the period and in the manner required by the City Charter. ne~oiution TJo. 200 ~-09£ t~d.C.S. Page l4