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HomeMy WebLinkAboutAgenda Bill 4.A 03/03/2003r� 40 12 DAT A' Introduced by ORDINANCE N.O. 2106 N . Matt Maguire MAR, `3: 200 4 A Seconded by Janice Cader- Thompson AN ORDINANCE THE COUNCIL OF THE CITY OF PETALUMA SETTING MANDATORY LIMITS ON CAMPAIGN CONTRIBUTIONS TO CITY COUNCIL AND CITY MAYOR CANDIDATES, ENACTING MANDATORY PUBLIC DISCLOSURE REGULATIONS, ENACTING PUBLIC FUNDING MEASURES FOR CANDIDATES WHO VOLU 7NTARILY LIMIT EXPENDITURES, PRESCRIBING ENFORCEMENT MECHANISMS AND PENALTIES FOR VIOLATIONS OF SUCH LIMITS BE IT ORDAINED BY THE COUNCIL OF, THE CITY OF PETALUMA AS FOLLOWS: Section 1 . The City of Petaluma Municipal Code is hereby amended by adding Chapter 1.30 to Title 1, in the manner hereinafter described. Section -2 . Sections being added: Chapter. 1.30 "Mandatory Limits on Campaign Contributions." CHAPTER 1.30 MANDA'T'ORY LIMITS ON CAMPAIGN CONTRIBUTIONS 0 Sections: 1.30.0 Title 1.30.020 Legislative Intent 1.30.025 Definitions 1.30.030 Contribution Limitation 1.30.035 Election Cycles 1.30.040• Disclosure Requirement 1.30.042 Aggregation of Contributions .p Ord. 2106 NCS Page 1 1.30.044 Loan to City Candidates and Their Controlled Committees ., 1.30.046 Multiple Campaign Committees 1:30.050 Public. Matching Funds 1:30.060 Eligibility for Matching Funds 1.30.070 'Independent Expenditures 1:30.080 Enforcement 1.3 0.010 - Title This Chapter' shall be entitled "Mandatory Limits on Campaign. Contributions." 1.30.020 - Legislative Intent To assure .the public that: A. excessive campaign costs and large contributions do 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; C. access to large amounts of money will not be a prime requirement for participation in the political'process; • D. they_are fully informed of.the contributors to political campaigns. 1.30.025 Definitions A. "Person means an individual, proprietorship firm, partnership; joint venture syndicate; business trust, . company, 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. 1.30.030 = Contribution Limitation No candidate for city council . or mayor, or candidate committee, shall solicit or accept any contribution, including any "in- kind" contribution, that will cause the total contributions from "any .person to" exceed Two Hundred Dollars ($200.00) during any Election Cycle with respect to any single city election to that candidate. The recipient of any contribution which Ord. 2106 NCS Page 2 • 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 own 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. 1.30.035 -Election Cycles 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 • commencing 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 Council or Mayor, 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 the thirtieth (30 ' day following the first to occur of any of the following: (l) The time provided by law for the gathering of signatures on recall petitions expires without sufficient recall petition signature having been filed with 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. • A 1.30.040 - Disclosure Requirement, A. Each candidate for city council or mayor, or candidate committee, shall provide detailed itemization, as defined in the California Political Reform Act of 1974, for all contributions received regardless of dollar amount. B. Each candidate for city council or mayor, or candidate shall file a ,third pre- election Campaign Disclosure Statement (Form 460), as provided by the California Fair Political. Practices Commission 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 Friday). G', 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 the mailing or oth'er'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 Aggregation of Contributions For purposes of the contribution limitations . contained in this chapter, the 'following provisions shall apply; A. All contributions made by a sponsored committee to a candidate for City Council or Mayor (or to a committee controlled by such candidate) shall be combined with those contributions made during the same Election Cycle by the sponsor(s) of the committee. Consistent with the definition and use of the terms "sponsored committee" and "sponsor in the Political Reform Act, the- term "sponsor" shall not include individuals. B. Contributions received from the following combinations of individuals and - entities must be- aggregated to determine the cumulative amount of contributions received from a contributor: (lrri Pane 4 • (1) contributions from an individual who makes contributions from personal funds and who also has sole authority to direct and control contributions made from other funds. (2) Contributions from business entities in a parent- subsidiary relationship and business entities with the same controlling owner (more than 50 percent), unless the entities act completely independently in their decisions to make contributions. - (3) Contributions from any member of entities or committees if .the . same person or :a majority of the same persons in fact directs and controls the contributions each entity makes. This. subdivision shall not apply to treasurers of committees if these treasurers do not participate in or control in any way a decision on whether the candidate or candidates received contributions. C. 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.. D. Contributions by' children under eighteen (18) years of age shall be treated as contributions by their parent(s) or legal guardian(s), one -half to each parent or guardian unless only one parent or guardian has legal custody of such child in which event any such contributions shall be attributed solely to the custodial parent. 1.3 0.044 - Loan to City Candidates and Their Controlled Committees A. A loan shall be considered a 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. Ord. 2106 NCS Page 5 A 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. D. This section shall apply only to loans and extensions of credit "used or intended for use for campaign purposes or which are otherwise connected with the holding of public office. 1 30 046 - Mult_iple.Campaien Committees A. A candidate for City Council or Mayor shall have no more than one controlled committee and such controlled committee shall have only one bank account out of which all qualified campaign and officeholder 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 running for a state, federal, county or other elective office, or for opposing his or her recall. 1 30.050 - Public Matchiniz Funds A.. The city will allocate and provide matching funds equal to fifty percent (50 %) of every dollar expended, up to thirty-three percent.(33 %) of the expenditure limit as herein.,.defined, to any city council or city mayor candidate for any single city election who meets the eligibility requirements set out in Section 130.06.0 below. The expenditure limit shall be set at Twenty Thousand Dollars ($20,000.00). This limit shall be adjusted based on changes in the Consumer Price Index (all items) of the U.S. Department of Labor, Bureau of Labor and Statistics, for the statistical area which includes the city, in an amount equal to the percentage change for the preceding two years. Only actual currency or its equivalent shall be matched with public funds. Neither nor in kind, contributions not amounts exceeding One Hundred Dollars ($100.00) from the candidate's personal wealth shall be eligible for matching funds. B. After meeting the eligibility requirements, any candidate may request matching • funds from the city no more frequently than once per week in amounts no . less (W ? M Nrc Pane 6 N A than Five Hundred Dollars ($500.00). The final request for matching funds must be submitted to the city no later than fourteen (14) days before the city election, but maybe for less than Five Hundred Dollars ($500.00). 1.3 0 - Eligibility for Matching Funds A candidate who meets the following requirements shall be eligible to receive matching funds: A. The candidate raises at least twenty -five percent (25 %) of the expenditure limit from persons other than the candidate himself or herself, and B. The candidate signs ,a contract with the city committing to the following: 1. Agrees to limit his or her total campaign expenditures for any single city election during any Election Cycle to Twenty Thousand Dollars ($20,000.00). This limit shall be adjusted based on changes in the Consumer Price Index (all items) of the U.S. Department of Labor, Bureau of Labor and Statistics for the statistical area which includes the city, in an amount equal to the percentage change for the preceding two years; 2. Agrees to contribute to his or her campaign,for any single city election and during any Election Cycle no more than twenty -five percent (25 %) of the expenditure limit from his or her own personal wealth; 3. Agrees to return at least thirty-three percent (33 %) of any unexpended funds received during any Election Cycle for a single city election to the city, but not more than the matching funds received; and 4. Agrees to treat any carryover funds from a previous campaign as funds -from the candidate's personal wealth, subject to the limits of such funds; and 5. Agrees to return any and - all matching funds received if the amount expended on any single city election exceeds the expenditure limit. 1 3 0.070 Independent ,, Expenditures . ® A. Any person or entity making. an independent expenditure in excess of Twenty -five Dollars ($25.00) shall deliver notice in writing of such independent expenditure, nrH ?.106 W.q Page 7 n as well as the amount of such expenditure, and a detailed description of the use of such independent expenditure, within twenty -four (24) hours after obligating funds for such expenditure. Such notice shall be delivered to all candidates in the affected race and to the city clerk. The notice shall specifically state the name of the candidate or candidates whom the independent expenditure is intended to support or oppose. Each independent` expenditure shall require delivery of anew notice. B. Any person or entity snaking an independent expenditure in excess of Twenty-five Dollars ($25:00) . shall disclose in any 'political message produced by .;the expenditure the full name of the - person, the name of the registered 'agent, the amount of the expenditure, and the specific statement that. the ,,ad'vertisement or material is not authorized by any candidate. Such disclosure shall be prominently featured in the potential message. l: Expenditures by any person or'"•entty on behalf of a candidate for public office that are coordinated with or controlled by the candidate or the candidate's agent 'shall be considered a contribution to the candidate .and subject the candidate and the contributor , to any applicable penalties contained in this ordinance. 2. "Independent expenditure" means :payment of money 'by any person or entity for the purpose of.advocating the election or defeat of a candidate, w1iich expenditure is not controlled by, coordinated with, or made upon consultation with any candidate or any agent of such candidate. "Independent expenditure" � includes expenditures for political messages which unambiguously refer. to any specific 'public office or candidate for such office, but does not include expenditures made by persons or entities, other than political' parties and political committees, in the regular course and scope of their business, including political messages sent solely to members. If the definition of independent expenditure used herein is determined to be contrary to state law, then the term shall' be as defined by the Political Reform Act. Ord., 21.06 NCS. 'Pane 8. 0 1 1.30.080 - Enforcement A. The city council is empowered to create an advisory committee and other enforcement procedures as it deems appropriate to implement this ordinance. B. The city attorney or any attorney retained by the City or by the city attorney in the case of a conflict of interest on the part of the city attorney or otherwise shall enforce all provisions of this ordinance. C. Any registered elector of the city may bring a civil action including, without limitation, an. action for injury, and may sue for injunctive relief to enjoin. violations or to compel compliance with this ordinance consistent with D., below, provided such person first files with the city attorney a written request for the city attorney to commence action. The request shall include a statement of grounds for believing a cause of action exists. The city attorney or any attorney retained by the City or by the city attorney in the case of a conflict of interest on the part of the city attorney or otherwise shall - respond within ten (10) days after receipt of the request indicating whether the city attorney intends to file a civil action. If the city attorney or any attorn ey retained by the City or by the city attorney in the case of a conflict of'interest on the part of the city attorney or otherwise indicates in the affirmative and files suit within thirty (30) days thereafter, no other civil action for the same violation may be brought unless the action brought by the city attorney or any attorney retained by the City or by the city attorney in the case of a conflict of interest on the part of the city attorney or otherwise is dismissed without prejudice. D. Any .candidate or candidate committee who knowingly accepts a contribution in excess of Two Hundred Dollars ($200.00) or exceeds the expenditure limit in violation of the contract with the city and this ordinance is liable in a civil action initiated by the city attorney or any attorney retained by the City or by the city attorney in the. case of a conflict of interest on. the part of the city attorney or otherwise or by a registered elector of the city for an amount up to Five Hundred Dollars ($500:00). - or three" times the amount by. which the contribution or expenditure limit is exceeded, whichever is greater. Ord ? 106 NCR Pasxe 9 A E. In determining the amount of liability, the court may take into account the seriousness of the violation and the culpability ofthe defendant. S ect on. 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 jurisd'icti'on, such decision shall not affect the validity of the remaining portions of this. ordinance. The City Council of the City of Petaluma hereby declares that it would have passed 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 effective thirty (30) days after the date of its adoption by thePetaluma City Council. Section 5 . ` The "City Clerk is hereby directed to post this ordinance for the period and in the manner required-'by the City Charter. INTRODUCED and ordered`posted /published this 4th day of December 2000. ADOPTED this 18t day of December, 2000 by the following vote: AYES: Cader= Thompson, Keller, Maguire, Hamilton, Vice Mayor Torliatt NOES: 'Healy, Mayor Thompson ABSENT: None ATTEST: City Clerk Mayor APPROVED AS TO FORM: City A omey • 0 0 rrl ') .nx 1.rrc Page 1.0