HomeMy WebLinkAboutAgenda Bill 1.B 04/28/20034
CITY OF PETALUMA, CALIFORNIA
AGENDA B ILL
i Agenda Title
Meeting.Date:
Presentation, discussion and possible action regarding Campaign
April 21, 2003
Finance Ordinance
Meeting Time ❑ 3:00 PM
® 7 :00 PM
Category (check one) ❑ Consent Calendar ❑ Public Hearing ❑ New Business
Unfinished Business ❑ Presentation
Department
Director
Contact Person
Phone Number
City Attorney
Richard Rudnansky
Richard Rudnansky
(707) 778 -4362
Cost of Proposal
Account Number
N/A
N/A
Amount Budaeted
Name of Fund:
N/A
N/A
Attachments to Agenda Packet.tem
1. Revised Petaluma Campaign Finance Ordinance with options:
2. Santa Rosa model ordinance modified for Petaluma.
3. Current Petaluma Campaign Finance Ordinance.
Summary Statement At the Council meeting of March 3, 2003, the Council directed the City Attorney's
office to prepare campaign finance ordinances with options. Some Councilmembers expressed an interest
in adopting the Santa Rosa model and others indicated a desire to use the current Petaluma ordinance form
with modifications. ,
Attached to this Agenda Bill and report is a copy of the current Petaluma Campaign Finance Ordinance.
Also attached is a revised Petaluma ordinance using the Santa Rosa format and language adopted to the
City of Petaluma. Finally, attached is a revised ordinance using the existing Petaluma ordinance format and
which includes various options.,
Recommended City Council Action /Suggested Motion
It is requested that the-Council give direction to the City Attorney for the preparation of a final draft
Campaign Finance Ordinance. With such direction, the City Attorney will prepare a final draft, review it
for legality and internal consistency and return the matter to the Council for introduction of the Ordinance.
Only direction is requested of the Council at this time.
Reviewed by Finance`Director:
Reviewed by City Attorney
� ate:
Approved by Manager
Date:
Date:
oda 's Date:
Revision # and Date Revised:
File Code:
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April 7, 2003
627237
CITE' Of PETALUMA, CALIFORNIA
APRIL 21, 2003
Agenda Report
for '
Presentation, Discussion, Possible Action Regarding
City of Petaluma Campaign Finance Ordinance
1. EXECUTIVE SUMMARY At the Council meeting of March 3, 2003, the Council directed
the City Attorney's office to prepare campaign finance ordinances with options. Some
Councilmembers expressed an interest in adopting the 'Santa Rosa model and others
indicated a desire to use the current Petaluma ordinance form with modifications.
2. BACKGROUND On December 18, 2000, the former City Council adopted a Campaign
Finance Ordinance. The Ordinance set mandatory limits on campaign contributions for
City Council and Mayoral candidates, enacted mandatory public disclosure regulations,
enacted public funding measures for candidates who: voluntarily limit expenditures and
prescribed enforcement mechanisms and penalties for violations of the ordinance.
The Ordinance was 'essentially adopted in the form submitted by a former Council
Member. After review of and experience with the Ordinance, the Council revisited the
Ordinance in the summer of 2001 and discussed revisions suggested by Council
Members with input from the City Attorney's office. Although there appeared to be
agreement on many of the modifications, the . current Ordinance was never formally
amended.
The attached document entitled Revised Petaluma Ordinance With Options is a redlined
version of the current Petaluma Ordinance showing potential changes to the existing
Ordinance. These changes are the result of discussions of a prior Council in 2001 (these
changes noted by bold type) and changes that I have made (noted by double underline
type) partly based on experience with the current Petaluma Ordinance, suggestions and
recommendations by Steve Churchwell (former General Counsel for the FPPC) and
review of the current unsettled state of the law with respect to campaign finance. In this
version, I have also provided various options with respect to specific provisions for the
Council's consideration. Again, some are based on recommendations by Steve
Churchwell as set forth in his memo to ,me dated October 10, 2001 which was previously
provided to you in October of 2001. I would suggest that you review Mr. Churchwell's
memo in conjunction with the revised Petaluma Ordinance.
If this format, is acceptable, I request that the Council provide direction as to which
options provided are. acceptable. For your convenience, I have set forth each separate
provision of the Ordinance on a separate sheet - of paper and where options' are provided, I
have provided a discussion. •
Also attached is a revised Ordinance using.the ; Santa Rosa format which essentially takes
the existing Santa Rosa Ordinance and modifies. it to Petaluma. If this model. is selected,
I suggest that the Council consider. modification -of the Election Cycle provision to make
it clear that the contributions apply to any single City election fora candidate.
3. ALTERNATIVES (1) Provide direction to City Attorney for revisions to the Petaluma
Campaign Finance Ordinance.
(2) Leave current Petaluma Campaign Finance Ordinance as is.
4. . FINANCIAL IMPACTS If Council keeps the public matching portion of the Ordinance,
there will be costs incurred by the City in providing matching public funds,
5. CONCLUSION You may wish to first determine which model you wish to follow,G.e.,
the Santa Rosa model or the ,revised - Petaluma model) then determine pecif c language,
you wish, particularly, with respect to those provisions, in which options are �provi"ded. In
addition, should you wish to choose the Petaluma model as the format, you :inay also
wish to consider some of the Santa Rosa provisions that; are different, from those
provisions and options presented in the revised ,Petaluma Ordinance. Some of the; issues
for which there has been debate and /or differences of opinion for which direction is
requested are as follows:
1. The amount of the contribution limit.
2. The amount of the reporting limit.
3. Whether or not there should be provisions allowing for retirement of the debt
(currently in .the Santa Rosa Ordinance but not in the Petaluma Ordinance).
4. Public financing.
5. Enforcement provisions.
6. Definition of "Candidate."
7. Election cycles.
8. Aggregation of contributions.
9. Definition of "Extension of Credit."
10. Independent expenditures
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
OMPLETION: Decision to leave current ordinance as it or adopt new ordinance.
7. RECOMMENDATION
I would suggest that at the City Council meeting the process proceed as follows:
Decide whether or not the Council wishes amendments or changes to the existing •
City of Petaluma. Campaign Finance Ordinance.
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627241
2`. Determine whether the Council wishes to.us,e theSanta Rosa format or the revised
Petaluma Ordinance format.
3. Assuming that the Council chooses to proceed with the Revised Petaluma
Campaign Ordinance with Options, go -through the Ordinance section by section
and where options are provided, give direction to staff as to the Council's
preference.
4. Direct the City Attorney, based on the direction of the Council, to return with a
revised Ordinance for action by the Council.
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REVISED
PETALUMA
ORD.I.NANCE
fhl 1
• - #627424
1 REVISEI? PETALUNIA ORI�INANCE`WITH OPTIONS
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3' NOTE: This � version;sho changes ws changes dg cussed by a prior C, '_ es and , options to the exisf ng'Ordinance. The changes shown
4 in bold t e reflect the 1 °which were never formally adopted.
5 The changes and options noted by the double.:underlinin were made by the City Attorney, partly
6 based on the experience with the current Petaluma .Ordinance, suggestions and recommendations
7 by a former general counsel to the FPPC and review of the current unsettled state of the law with
8 respect to campaign finance.
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10 Where options are provided, the Council is requested to select the preferred option.
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18 Introduced by
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Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
AMENDING CHAPTER 1.30 OF THE PETALUMA MUNICIPAL CODE
CONCERNING MANDATORY LIMITS ON CAMPAIGN CONTRIBUTIONS
30 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
31 FOLLOWS:
32
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34 Section 't . Chapter 1.30 of Title 1 of the City of Petaluma Municipal Code, entitled
35 "Mandatory Limits on Campaign Contributions," enacted by Ordinance No. 2106 N.C.S., is
36 hereby amended to read in its entirety as follow:
37
38 CHAPTER 1.30
39 MANDATORY LIMITS ON CAMPAIGN CONTRIBUTIONS
ORDINANCE NO.
4V Sections:
41 1.30.010 Title
42 1.30.020 Legislative Intent
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1.30.025 Definitions
OPTION 1
[1.30.030 Contribution Limitation
1.30'.035 Election Cycles]
OPTION.2
[1.30.030
Contribution Limit]
1.30.040
Disclosure Requirement
1.30:042
Aggregation of Contributions
1.30.044
Loan to City Candidates and Their Controlled Committees
1.30.046
Multiple Campaign Committees
- OPTION 1
[1.30.050
Public'Matching Funds
1.32.060
Eligibility for Matching Funds]
OPTION 2
Publie Matehit�g Funds
[11.30.950
Eligibility for- N4 '&E
Independent Expenditures
11.30,060
1.30.05 -70
1.30.0690
Enforcement
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1.30.010 - Title
OPTION 1
This Chapter shall be entitled "Mandatory Limits on Campaign Contributions."
OPTION 2
[Title to be determined based' on what provisions preferred by Council (i.e., Mandatory
Limits on Campaign Contributions/Public Disclosure. Regulations/Public Funding/Enforcement
Mechanisms and Penalties]
3
1 1.30.020 - Levislative Intent.
2 A. Thep;
3 LA.
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5 2: -B.
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7 J.E.
8
urpose of this chapter is to assure the public that:
excessive campaign costs and large contributions do not cause corruption
or the appearance of corruption in the election process;
large campaign contributions will not be used to buy political access or to
influence governmental actions;
access to large amounts of money will not' be a prime requirement for
participation in the political process;
9 4.D. they are fully informed of the contributors to political campaigns.
10 B. This chapter is intended to supplement the Political Reform Act of 1974
11 (Government Code Title 9, §§ 81000 et seq.). Unless a word or term is specifically defined in
12 this chapter, or the contrary is stated or clearly appears from the context, words and terms
13 used herein shall have the same meaning as defined or used in Title 9 of the California
14 Government Code, in which the Political Reform Act of 1974 is codified, and ' as supplemented
15 by the Regulations of the Fair Political Practices Commission as set forth in Title 2, Division 6
16 of the California Code of Regulations, as the same may be, from time to time, amended. If a
17 definition of any word or term defined in this chapter is preempted by the. provision of ,the
18 Political Reform Act or the Regulations of the Fair.Political Practices Commission, then the
19 definition in said Act and Regulations shall prevail.
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1 DEFINITIONS ( "CANDIDATE ")
2
" DISCUSSION:: Option 2 more closely tracks the definition of'Canddate in Government Code
3 §82007.
4 1.30.025 - Definitions.
5
A.
"Person" means an individual, proprietorship, firm, partnership, joint venture,
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syndicate, business trust, company, corporation, limited liability company,
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association, committee, and any other organization or group of persons acting in
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concert.
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OPTION 1
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B.
[ "Candidate" means any person who is a candidate for Mayor or City Council
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for the City of Petaluma including incumbent Mayors or Council members,
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appointed or elected, whether or not a candidate for reelection.]
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OPTION 2
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B.
"Candidate" means an individual who is listed on the ballot for election to the
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of-rice of Mayor or 04 Council 'for the City of'.Petaluma or who receives a
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contribution „or .makes an expenditure or zives his or her consent for any other
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person to receive a contribution or snake an expenditure with a view to brim
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about his or her election to the office of`MaVor or Citti,_Council_of the Citv of
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Petaluma whether or not the specific elected office for which he or she will seek
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election is known at the time the contribution is received or the expenditure
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made and whether or not he or she has announced his or her candidacy or filed
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a declaration of candidacy at such time. "Candidate" also includes incumbent
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Mayors or Council members whether or not a candidate for reelection.]
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CB.
"City election" means any general election, special election or recall election.
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DQ
"Election Cycle" shall mean the applicable period as set forth in Section 1.30.035.
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[Delete if §1.30.035 is deleted.]
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CONTRIBUTION LIMITATIONS AND ELECTION CYCLES
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DISCUSSION: First, it:is requested that Council give direction relative to the contribution limit.
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The existing ordinance has a contribution limit of $200.
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Option 2 would eliminate the current definitions and application of "Election Cycles" and
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in its place make it clear that the contribution. limitation -is for any single City election.
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The existing ordinance and Option 1 could' create problems due to the overlapping terms
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of the Council and Mayor. For. example, under Option 1 (which closely tracks the existing
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ordinance), some Council members will be up for election in November 2004 and others° will be
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up for election in November 2006. As you , are aware although there is an election every two
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years, individual members are only up for election every four years. If an election cycle is only
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defined as "the period commencing on January I of the year.following the year in which. a City
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Council election is held and ending on December.31 of the year in which the next succeeding
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election is held," there is the potential that a candidate could, for example, receive a contribution
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from one person for the maximum amount ;inone two-year cycle and a contribution from the.
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same person for the next period, etc. Theoretically it seems that someone could
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interpret this provision and keep receiving maximum contributions from a person for every two
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year period fora number of such periods.
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Option 2 attempts to remedythat situation (should the Council wish to ,do so) by making
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it clear that the maximum contribution amount from any' person would be for any single 'City,
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election: In other words, under option 2, if aperson contributes the maximum in year 2003 but
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the candidate does not run until the election of 2006, the person contributing. the maximum
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amount would not be able to contribute any additional amounts in subsequent election cycles.
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As you can see, option 2 sets forth Section 1.30.030 which:specifically makes the maximum
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contribution limit for a single election and eliminates Section 1.30.035 regarding election cycles.
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OPTION 1
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[ 1.30.030 - Contribution Limitation
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No candidate for City Council or Mayor, or candidate committee, shall solicit or accept
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any contribution, including any "in- kind" contribution, that will cause the total contributions
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from any person to exceed T-we Three Hundred Dollars ($2300.00) during any Election Cycle
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with respect to any single city election to that candidate. The recipient of any contribution which
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would cause the total amount of contributions to a candidate from a single person to exceed T-we
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Three Hundred Dollars ($2300.00) shall promptly return any such excess to the donor. The
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provisions of this section shall. not apply to contributions by a candidate for City Council or
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Mayor of his or her own funds to his or her own controlled committee. Contributions by the
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spouse of a candidate for City Council or Mayor from such spouse's separate property shall be
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subject to the contribution limits.
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1. 13.0.035 - Election Cycles
2' A. General Elections.. For, purposes of any election for City Councilor Mayor, the
3 term Election Cycle as used in this chapter, shall, mean the period commencing on
4 January 1 of the year following a year in which a City Council election is held and
5 ending on December 31 of the year in which the next succeeding election is held.
6 B. Special Elections. For purposes of any special election for City Council or
7 Mayor, the term Election Cycle as used, in this chapter shall mean the period
8 commencing, on the date a special election is called by the City Council and
9 ending on the thirtieth (30 day following said special election.
10 C. Recall Elections. For purposes of 'any recall election for City Council or Mayor,
11 the term Election Cycle as used in this chapter shall mean the period commencing
12 on either the date a committee is formed pursuant to the Political Reform Act in
13 support of a recall election or the date the. City Clerk approves a recall petition for
14 circulation and gathering of signatures; whichever occurs earlier, and ending on
15 the thirtieth (30 day-following the first to occur of any of the following:
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(1) The time provided by law for the gathering of signatures on recall
17 petitions expires without sufficient recall petition signature having been
18 filed witl the City Clerk to require a recall election;
19 (2) All committees formed in support of the, 'recall have been terminated
20 pursuant to the provisions of the Political Reform Act;
21 (3) The date the recall election is Yield.]
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23 OPTION 2
24 [ 1.30.030 - Contribution.Limits.
25 No person. shall contribute a total of more than three hundred dollars ($300 ) to anv
26 Candidate for Cily Council or Mayor, including his or her controlled, committee, for a single City
27 election A Candidate for City Council. or Mavor, and his or her controlled committee shall not
28 accept any contribution Or contributions totaling more than three hundred dollars ($300) from
29 any person- for a single City election. Nothing in this section is intended to. limit the amount a
0 Candidate" may'cbnt'ribLite to his or her campaign for Citv Council or Mavor from his or her
1 personal funds. Contributions by the spouse of a Candidate for City Council or Mayor from such
32 spouse' "s'separate property shall be subject to the contribution limits.
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l DISCLOSURE REQUIREMENT
2 DISCUSSION:, Please, provide direction regarding the, Amount 'of contribution which would
3 require disclosure.
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5 1.30.040 - Disclosure Requirement.
6 A. Each candidate for city council or mayor, or candidate committee, shall provide
7 detailed itemization, as defined in the California Political. Reform Act of 1974, for
8 all contributions received in excess of Fifty Dollars ($50.00) regardless of dollar
9 �.
10 B. Each candidate for city council or mayor, or candidate shall file a third pre -
11 election Campaign Disclosure Statement (Form 460 or any successor form
12 thereto as provided by the California Fair Political Practices Commission for the
13 period from the end of the period covered by the second pre - election statement to
14 11:59 PM on the third business day- immediately preceding election day (normally
15 Thursday). Such statement shall be filed with the Clerk of the City of Petaluma
�6 by 5:00 PM on the second business day immediately preceding election day
17 normall Friday).
17 ( normally Y) .
18 C. Each candidate, and each committee, person or entity malting independent
19 expenditures, who sends a mass mailing or distributes more than 200 substantially
20 similar pieces of campaign literature shall deliver send a copy of the mailing or
21 other literature to the City Clerk at the same' time the mailing or other literature is
22 given to the post office or otherwise distributed. During the election campaign,
23 the City Clerk merely serves as a repository for such literature and shall not judge
24 or comment on the contents of such literature. All literature so delivered shall be
25 available. for inspection in the City Clerk's office during regular business
26 hours.
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1 AGGREGATION OF CONTRIBUTIONS •
2 DISCUSSION: Option 2. Why? Although Option 1 provides some specific situations, state
3 law is much broader and therefore Option 1 is underconclusive. Option 2 is much simpler and in
4 any event would be further interpreted if necessary by state law. I suggest that the Council
5 seriously consider Option 2.
6 1.30.042 - Aggregation of Contributions
7 OPTION 1
8 [For purposes of the contribution limitations contained in this chapter, the' following
9 provisions shall apply:
10 A. All contributions made by a sponsored committee to a candidate for City Council
11 or Mayor (or to a committee controlled by such candidate) shall be combined with
12 those contributions made during,. the same [Election Cycle] [CITY ELECTION]
13 by the sponsor(s) of the committee. Consistent with the definition and use of the
14 terms "sponsored committee" and "sponsor" in the Political Reform Act, the term
15 "sponsor" shall not include individuals.
16 B. Contributions received from the following combinations of individuals and
17 entities must be aggregated to determine the cumulative amount of contributions
18 received from a contributor:
19 (1) Contributions from an individual who makes contributions from personal
20 funds and who also has sole authority to direct and control contributions
21 made from other funds.
22 (2) Contributions from business entities in a parent - subsidiary relationship
23 and business entities with. the same controlling owner (snore than 50
24 percent), unless the entities act completely.independentlyin their decisions
25 to make contributions.
26 (3) Contributions from any member of entities or committees if the same
27 person or a majority of the same persons in fact directs and the
28 contributions each entity makes. This subdivision shall not apply to
29 treasurers of committees if these treasurers do not participate in or control
30 in an y way a decision on whether the candidate or candidates received.
31 contributions.
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C. Contributions by a marred 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 guardiah(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.]
OPTION 2
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.(
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1 1.30.044 - Loan to Citv Candidates and Their. Controlled Committees.
2 A. A loan shall be considered a contribution from the maker land the guarantor of the
3 loan and shall be subject to the contribution limitations of this chapter.
4 B. The proceeds of a loan made to a candidate for City Council or Mayor by a
5 commercial lending institution in the regular course of business on the same terms
6 available to members of the public shall not be subject `to the contribution
7 limitations of this chapter -if the loan is made directly to. the candidate. The
8 guarantors of such a loan shall remain subject to the contribution limits of this
9 chapter.
10 C. Extensions of credit (other than loans pursuant to subsection B) for a period of
11 more than thirty (30) days are subject to the contribution limitations of this
12. chapter.>
13 �1)_ . _ An "extension. of credit" means the provision of g oods or services for
14 which payment in full is not received. An extension of credit is. deemed to
15 benzin by the earlier of'two dates:
16 (1) 15 dais after the date specified on the invoice for payment; or .
17 (2) 45 days. from the date the goods or services were delivered.
18 (2) "Payment in MI" means payment of not less than fair market value for the
19 goods or services provided.
20 (3) An extension of credit for a period of more than 30 days is a contribution
21 subject to the contribution'limitations of the ordinance, except as provided
22 in subsections (d). (e), (f) and (g) of this section.
23 (4) If ,a candidate or a . candi'date.'s controlled committee has an extension of
24 credit for more than 30 days outstanding with a provider or vendor of
25 foods or services, any additional credit extended. to the candidate or the
26 candidate's controlled committee by the same provider or vendor of goods
27 or services shall he a contribution' to the candidate or the candidate's
28 controlled committee from the .person subject to all of the contributiol.i
29 limitations of the Act.
30 (5) If all of the following criteria are satisfied by a provider or vendor of
31 goods or services, it shall (i) be a complete defense for the provider or
32 vendor of the goods of ser %ices in any enforcement action initiated by the .
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I City, and(ii) relieve the p ovider br vendor of the goods or services of any
2 reporting requirements ofthis title:
3 (a) The credit arrangement was recorded in a written instrument.
4 (b) It is a primary business of the provider or vendor of goods or
5 services to provide similar goods_ or services;
6 (c) The provider or vendor of goods or services provided the goods or
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services in the ordinary course, of business and on the same terms
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and :conditions offered to customers generally;
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(d) The provider or vendor lof goods or services did not have actual.
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knowledge that the candidate or committee would not be able to
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pay within the time limit specified. in subsection (a);
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(e) The provider or vendor of goods or services made reasonable
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efforts to collect the full amounti of the payment owed within one
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hundred twenty ( 120) days of the date specified in subsection (a);
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(f) The provider or vendor of goods or services entered into the
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agreement with the intent that the candidate or committee would be
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required to pay within the time limit specified in subsection (a);
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and
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00 'T'he_provider or vendor of goods or services did not extend any
20 additional credit to the candidate or the candidate's controlled
21 . committee when the candidate or the candidate's. controlled
22 committee already had an extension of credit for more than 30 days
23 outstanding with the same provider or vendor of goods or services
24 as provided in subsection (d).
25 D. This section shall apply only to loans and extensions of credit used or intended for
26 use for campaign. purposes. or- wh ieh are other-wise eenneeted w ith the holding
27 publie effrse-
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1 1.30.046 - Multiple Campaign Committees
2 A. A candidate for City Council or Mayor shall have no more, than one controlled
3 committee and such controlled committee shall ,have only one bank account out of
4 which all qualified campaign and officeholder expenses related to that office shall
5 be made.
6 B. This section does not prevent a candidate for City Council or Mayor or a City
7 Council member or Mayor from establishing another controlled committee solely
8 for -the purpose of running for a state, federal; county or other elective office, or
9 for opposing his or her recall.
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1 PUBLIC MATCHING FUNDS.
2 DIS.CUSS'ION: It is requested that Councilprovide direction on whether or not it wishes to
3 include in the ordinance provisions for public matching funds and eligibility for matching funds.
4 Option 1 is language from the existing ordinance which provides for public matching funds and
5 sets forth the procedure for eligibility for matching funds. Should the Council desire to eliminate .
6 public matching funds, option 2 would essentially call for the deletion of Sections 1.30.050 and
7 1.30.060.
8
9 OPTION 1
10 f 1.30.050 - Public Matching Funds
11 A. The city will allocate and provide matching funds equal to fifty percent (50 %) of
12 every dollar expended, up to thirty -three percent (33 %) of the expenditure limit as
13 herein defined, to any city council or city mayor candidate for any single city
14 election who meets the eligibility requirements set out in Section 1.30.060 below.
15 The expenditure limit shall be set at Twenty Thousand Dollars ($20,000.00). This
16 limit shall be adjusted based on changes in the Consumer Price Index (all items)
17 of the U.S. Department of Labor, Bureau of Labor and Statistics, for the statistical
•18 area which includes 'the city, in an amount equal to the percentage change for the
19 preceding two years. Only actual currency or its equivalent shall be matched with
20 public funds. Neither loans nor in kind contributions nor amounts exceeding One
21 Hundred Dollars ($100.00) from the candidate's personal wealth shall be eligible
22 for matching funds.
23 B. After meeting the eligibility requirements, any candidate may request matching
24 funds from the city no more frequently than once per week in amounts no less
25 than Five Hundred Dollars ($500.00). The final request for matching funds must
26 be submitted to the city no later than fourteen (14) days before the city election,
27 but may for less than Five Hundred Dollars ($500.00).
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29 1.30.060 - Eligibility for Matching Funds
30 A candidate who meets the following requirements shall be eligible to receive matching
31 funds:
32 A. The candidate raises at least twenty -five percent (25 %) of the expenditure limit
1 3 from persons other than the candidate himself or herself, and
34 B. The candidate signs a contract with the city committing to the following:
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1 1. Agrees to limit .his or her total campaign expenditures for any single city
2 election during any Election Cycle to Twenty Thousand Dollars
3 ($20,000:00). This limit shall be adjusted based. on. changes in the
4 Consumer Price Index (all items) of the U.S. Department of Labor, Bureau
5 of Labor and Statistics, for the statistical area which includes the city, in
6 an amount equal to the percentage change for the preceding two years;
7 2. Agrees to contribute-to his or her campaign for any single city election and
8 during any Election Cycle no more than twenty -five percent (25 %) of the
9 expenditure limit from his or her own personal wealth;
10 3. Agrees to return at least thirty -three percent (33 %) of any unexpended
11 funds received during any Election Cycle for a single city election to the
12 city; but not more than the matching funds received; and
13 4. Agrees to treat any carryover funds from a previous campaign as funds
14 from the candidate's personal wealth, subject to the, limits of such funds;
15 and
16 5. Agrees to return any and all matching funds received: if the amount
17 expended on any single city election exceeds the expenditure limit.]
18 OPTION 2
31
16
41
17
I INDEPENDENT EXPENDITURES
2 1.30.0570 - Independent Expenditures
3
4 A. [Any person or entity making an independent expenditures which aggregate in
5 excess of Two Hundred T..:° ve Dollars ($200.00) during any Election
6 Cycle shall deliver notice in writing of such independent expenditure, as well as
7 the amount of such expenditure and a detailed description of the usel of such
8 independent expenditure. , t ithi t wenty , f „r (24) ,, euFs afte4 -z obligating f,ras
9 fer'sue peiidi ufe Such notice shall be filed with dellivere *A a4 eandidate
10 th Arr -,ete mee a „ �' ' +� the City Clerk on a form prepared by the City Clerk for
11 such purpose. The notice shall specifically :state the name of the candidate or
12 candidates whom the independent expenditure is intended to support or oppose,
13 and shall also include the information required to be provided on the Campaign
14 Disclosure Statement (Form 4605 or any y_successor form thereto) as provided by
15 the California Fair Political Practices Commission. Each independent
16 expenditure shall require delivery of a new notice. Such notices shall be fled for
17 the same reporting periods, and by the same deadlines, as are expenditures by
18 candidates pursuant to the California Fair Political; Practices' Act and E by
19 section 1.30.040(B) of this ordinance.]
20
21
1'8
I
1 RECOMMENDATION. The following options :essentially involve what needs to be disclosed .
anted' or produced 2 on the material. p p . If is recomrnernded'that the Council not. select option 1 in
3 that there has been recent case law wh has questioned tle validity of requiring the listing of
4 names of persons contributing monies toward the expenditure. In any event, there are reporting
5 requirements in this regard.
6
7 Option 3 is recommended. Option 3 provides for a statement to appear on any material,
8 not just material costing in excess of $200.
9
10 OPTION 1
11 B. [Any person or entity making an independent expenditure in excess of Twe xty-
12 free Two Hundred Dollars ($200.00) shall disclose in any printed or other
13 political message produced by the expenditure, the full name of the all persons
14 who contributed Fifty Dollars ($50.00) or more to , the name of the 6gis+
15 agen t h e ar,-,,;;HA - the expenditure, and the specific statement that the
16 advertisement .or material is not authorized by any candidate. Such disclosure
17 shall be printed in 12 point type or larger in any printed materials, and
l °8 prominentlyy displayed in any non printed materials or message. p r-effiinen415
0 9 fiaa4ur in
20 OPTION 2
21 Any person or entitymaking an independent expenditure in excess of T�= °• *�� -rive
22 Two .Hundred Dollars ($200.00) shall disclose in any printed or other political
23 message produced by the expenditure, th f;ir name of the - Till = . S
24 ep Fifty, Dollar ($50LO.0) op more -. the name of the fe;�istered ag
25 the .,,., mbar of t h e exi3en r-e and the specific statement that the advertisement
2'6 or material is not authorized. by any candidate. Such disclosure shall be printed in
27 .12 -point type or larger in any printed materials, and prominently displayed in
28 any non- printed materials or message. ent f° u i the pet--6.4
29 m
30' OPTION 3
31 [ Persons or organizations who make independent expenditures for or against a
32 Candidate 'or committee shall indicate .clearly on any material published,
3 displayed or broadcast that it was not authorized by a Candidate or ' controlled by a Candidate. Such disclosure shall be rinted in 12-point t or
19
1 larger hi any printed materials, and prominently displayed, in any
2 materials. or message.
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RECOMMENDATION: Option 2 (which essentially eliminates the subsection) is
recommended due to recent court cases and new FPPC regulations which would replace this
subsection.
OPTION 1
1. [Expenditures.'by any, person or entity 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. Merely distributing .a candidate's literature
shall not constitute coordination or control within the meaning of this
subsection. ]
OPT10N,2
21
1 M. M.
„ -
-
21
I RECOMMENDATION: Option 2 (which essentially eliminates the subsection) is. •
2 recommended due to recent court cases and new FPPC regulations which would replace this
3 subsection.
4
5 OPTION 1
6 2. [ "Independent expenditure" means payment of money by any person or
7 entity for the purpose .of advocating the election or defeat of a candidate,
8 which expenditure is not controlled by, coordinated with, or made upon
9 consultation with any candidate or any agent of such candidate.
10 "Independent expenditure "' includes expenditures for political messages
11 which unambiguously °refer to any specific public office or candidate for
12 such office, and includes but- is not limited to expenditures for the
13 design, printing or .mailing of literature; for salaries or commissions
14 paid to any persons distributing literature or in any way advocating the
15 election or defeat of specific candidates; for the design and production
16 of signs; and for newspaper or other paid advertising.- In calculating the
17 amount of expenditures to be reported, all monies expended 'in direct
18 connection with the literature, advertising, labor, mailing or' other
19 expense in which the reportable activity is contained shall be reported.
20
21
22 of their bus ies ,, ineludiingpv'nt eal messsagessei# sele�te member if
23 -
24 eeatFAFy to sta lavv, then the —te shall be as deli �aed by the ePeircr^ccrr�'
25 Reei�et.. "Independent expenditures" shall not include those
26 payments specifically exempted by or in conflict }with California
27 Government Code section, 85312 or preempted by other applicable -state
28 law. If the definition of "independent expenditures" is determined to be
29 preempted by state law, then the term shall -be defined by the Political
30 Reform Act.]
31 OPTION 2
32 2 "
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1 1.30.06 -90 - Enforcement •
2 A. The city council is empowered to create an advisory committee and other
3 enforcement procedures as it deems appropriate to implement this ordinance.
4 B. The city attorney or any attorney retained by the City or by the city attorney in the
5 case of a conflict of interest on the part of the city attorney or otherwise shall
6 enforce all provisions of this ordinance.
7 C. Any registered elector of the city` may bring a civil'action 'including, without
8 limitation, an action for 'injury, and may sue for injunctive relief to enjoin
9 violations or to compel compliance with this ordinance consistent with D. and F.,
10 below, provided such person first files with the city attorney a written request for
11 the city attorney to commence action. The request shall include .a, statement of
12 grounds for believing a cause of action exists. The city attorney or any attorney
13 retained by the City or by the city'attorney in the case of a conflict of 'interest on
14 the .part- of the city attorney or otherwise shall respond within ten (10* 15
15 days after receipt of the request indicating:whether the city attorney intends to file
16 a civil action. If the city attorney or any attorney retained by the City or by the
17 city attorney in the case. of a conflict of interest on the part of the city attorney or
18 otherwise indicates in the affirmative and files suit within thin. six 60
1.9 days thereafter, no other civil action for the same violation may be brought unless
20 the action brought by the city attorney or any attorney retained by the City or by
21 the city attorney in the. case of a conflict of interest on the part of city attorney
22 or otherwise is dismissed without prejudice.
23 D. Any candidate or candidate committee who knowingly accepts a contribution in
24 excess of T-we Three Hundred Dollars ($ -2300.00), or knowingly accepts
25 contributions from persons or entities within the meaning of section 1.30.042 of
26 this ordinance which aggregate in excess of Three Hundred Dollars ($300..00)
27 or otherwise violates emeee s the e di t e limit-in v i e l at i ,,,_ o f th eo 4r_aet
28 with the eity-an this ordinance is' liable in a civil action initiated by the city
29 attorney or any attorney retained by the City or by the city attorney in the case of
30 a conflict of interest on the part of the city attorney or otherwise or by a registered •
31 elector of the city for an amount up to Five Hundred Dollars ($500:00) or three
24
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F.
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1.5 -EG
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NO
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•
times the amount by which the 'contribution or- ependitie limit is exceeded,
whichever is greater.
Right to Cure Unknowing 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 ten (10) days of
becoming aware of the violation.
Any person or entity making independent expenditures that violate any
provision of 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 subject contribution or expenditure is in
violation, whichever is greater.
In determining the amount of liability, the court may take into account the
seriousness of the violation and the culpability of the defendant.
The prevailing party in any civil action brought pursuant to this ordinance shall
be awarded its 'reasonable- attorney's fees, to be paid by the unsuccessful party.
25
I RECOMMENDATION: Option 3 is recommended. It'is similar to the Santa Rosa model and •
2 provides what I believe to be a reasonable statute of limitations.
3
El
OPTION 1
5 L [No civil action brought pursuant to this ordinance shall be filed .more than
6 twelve (I2) months after the date of the alleged violation..
7 OPTION 2.
8 tNo civil action alleging a violation of the provisions of this chapter shall be
9 filed more than four years after the date of the cause of action ace'rued or the
10 date that the facts constituting .the cause of action could reasonably have
11 been discovered, whichever is later.
12 OPTION 3
13 [ No civil action shall be brought;under the. provisions of this section unless
14 said action is filed within two years following the date of suchMolation.
15
16
17
WOR
W9
20 J. Any person; who violates any other provision of this :chapter shall be liable in
21 a civil action for an amount up to. $500.
22
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Section 2 . 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 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 3 . This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 4 . 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 day of
ADOPTED this day of , 2001 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
Mayor
APPROVED AS TO FORM:
2001.
City Attorney
atty2
9/28/01 (fink)
iManage° #625773
27
:
FORPETALUMA
0
4 '
DRAFT -Santa Rosa M6del
ORDINANCE NO.
Introduced by
N.C.S.
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
AMENDING CHAPTER ��ER 1.30 OF THE PETALUMA.IVIUNICIPAL CODE
CONCERNING CAMPAIGN CONTRIBUTION LIMITATIONS,
MANDATORY PUBLIC DISCLOSURE REGULATIONS, AND
PRESCRIBING ENFORCEMENT MECHANISMS AND
PENALTIES FOR VIOLATIONS
[7
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1 . Chapter 1.30 of Title 1 of the City of Petaluma Municipal Code, entitled "Mandatory
Limits on Campaign Contributions," enacted by Ordinance No. 2106 N.C.S., is hereby amended
to read in its entirety as follows;
CHAPTER 1.30
MANDATORY LIMITS ON CAMPAIGN CONTRIBUTIONS
Sections
r�
1.30.010' 'Intent and Purpose
1.30.020 Relation to Political Reform Act of 1974
1.30.030 Definitions.
1:30.040' Contribution Limitations
1.30.050 Outstanding Debt Retirement and Reporting
1.30.060 Election Cycles
1.30.070 ,Aggregation of Contributions
13D.080 'Loans to, City Candidates and Their Controlled Committees
1.30 69q ,, Multiple Campaign Committees
1:30:100 Disclosure of Name, Address, Occupation and Employer of
Contributor
1.30.1:10 Reporting of Cumulative Contributions
1.30.120 Notice of Irndependent Expenditures
1.30.1.30 Enforcement of Chapter
1.30.010 — Intent and Purpose
The purpose of this chapter is to avoid corruption and the appearance of corruption by ensuring
that the financial strength of individuals or organizations does not permit them to exercise a
disproportionate or controlling influence on the election of Petaluma City Council and Mayoral
candidates: To achieve such purpose, this chapter is designed to reduce the influence of large
contributions, to ensure that individuals and interest groups continue to have a fair and equal
opportunity to participate in electing Mayoral and City Council candidates; and-to maintain
public trust in governmental institutions: and the electoral process.
1.30.'020 — 'Relation to Political Reform Act of 1974
This chapter is intended to supplement the Political Reform Act of 1974. 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 or used in Title 9
of the California Government Code,' in which the Political 'Reform Act of 1974s 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 Regulation, as the same may be, from time to time,
amended.
1.30.030 — Definitions
A. "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.
B. "City Election" means any general election, special election or recall election.
C. "Election Cycle" shall mean the applicable period_ .as iset forth in Section '1.30.060 of this
chapter.
D. "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 Electron Cycle for the office of which he or she was a candidate.
E. Person means an individual proprietorship, partnership, joint venture, syndicate,
" , firm,
business trust, company, corporation, limited habili'ty company, association, committee,
and any other organization or group of persons acting in concert.
1.30.040 — Contribution Limitations
A. Candidates. Except as provided in subsection (B) of this section, no person shall make,
and no Candidate or treasurer of any controlled committee of any Candidate shall solicit
or accept, any contributions which would cause the total amount contributed by such
person to such candidate or to his or her controlled committee, to exceed One Thousand
Dollars ($1,000.00) during any Election Cycle. Contributions accepted for campaign
expenses and for officeholder expenses shall be aggregated for purposes of the limitation
set forth in this section.
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 which 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 One Thousand Dollars
($1,000.00) 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 committee 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 contributionst received by such Mayor or City Council member, during a recall
Election Cycle as defined in Section 10.30.060.
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 limitations set forth in subsection A.
1.30.050— Outstanding Debt. Retirement and-Reporting 0
A. Any Mayor or City Council member or indebted former candidate, or any controlled
committee of any such officer or candidate, accepting any contribution(s) for the purpose
of retiring outstanding debt from a prior City Election and required by state law to report
such contributions on Schedule A of Fair Political Practices Commission Form 460, or
any successor form thereto, shall, at the time required for the reporting of such
contributions on 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 loans
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.
C. If a Mayor or City Council 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 expense and shall not be" subject to the aggregation requirements set forth in
section 1.30.070 in the election cycle in which the excess funds are expended..
1.30.060 — Election Cycles
A. General Elections. For purposes of any election for Mayor or City Council, 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 Mayoral or 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 any City office, the term •
Election Cycle as used this chapter shall mean the period commencing on the date a
special election is called by the City ,Council and ending on the thirtieth (30th) day
following said special election.
C. Recall Elections. For purposes of any recall election of any Mayor or City Council
member, 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:
(1) The time provided by law for the gathering of signatures on recall petitions
expires without sufficient recall petition signatures 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. Nothing in this chapter shall prohibit indebted candidates and/or their controlled
• campaign committee; from soliciting and receiving funds to pay off their campaign debt
in accordance with the provisions of section 10- 30.050, after the end of the Election
Cycles defined above.
1.30.070 — 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 (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 ":
C
HPI
(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 (snore than 5.0 percent), unless
the entities act completely independently in their decisions to make contributions.
(3) Contributions from any number 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.
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.
Contributions by children under eighteen (18) years of age - shall be treated as
contributions by their parent(s) or legal ,guardiafi(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.
t
1.30.Q80, — Loans to City Candidates and Their Controlled Committees
FA
M
E
A loan shall be considered a contribution ,.from the maker and the guarantor the loan
and shall be subject to the contribution limitations.of this chapter.
The proceeds of a loan made to a . City candidate 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.
Extensions of credit (other than loans pursuant to subsection B) for a period of 'more than
thirty (3 0) days are subject to the contribution limitations of this chapter.
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 o f public office.
•
Y
HIV
1.30.090 Multiple Campaign Committees
• A. A Candidate 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 or a Mayor or City Council member 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.
1.30.100 — Disclosure of Name, Address, Occupation and Employer of Contributor
If either the name, address, occupation and employer of an individual contributor (or if such
individual is self - employed, the name of, the business, if any, under which the individual is
operating) is not on file in -the records of the - recipient of the contribution by the end of the
reporting period in which the contribution was accepted, the contribution shall then be returned
to the individual, or to the City's General Fund, by the end of that reporting period.
Notwithstanding the above, if a contribution does not designate the requisite information, the
candidate or the candidate's committee may hold the contribution without returning it or
depositing it into a campaign account for a period of up to 14 days while the requisite
information is obtained. The. required information shall be reported on Schedule A of Form 460,
or any successor form thereto, as prepared by the Fair Political. Practices Commission. Both the
receipt and return of any such contribution shall be disclosed •on the appropriate schedules of
Form 460, or any successor form thereto, as prepared by the Fair Political Practices Commission.
1.30.110 — Reporting of Cumulative Contributions
Contributions received from any contributor during a reporting period which have a cumulative
total of One Hundred Dollars ($100:00) or more when added to all other contributions received
from such contributor during the same Election Cycle shall be itemized and reported, both as to
individual contribution amounts received during the reporting period and the total cumulative
amount received during the,Election Cycle. Such amounts shall be reported on Schedule A of
Form 460, or any successor form thereto, as prepared by the Fair Political Practices Commission,
if the candidate or controlled committee is required to use such form, or shall be reported on a
separate schedule appended to the required campaign statement. The term Election Cycle as •
used in this section shall mean the period described in Section 1.30.060.
1.30.120 — Notice of Independent Expenditures
Any person who makes independent expenditures in support of or in opposition to any
Candidate, which accumulate to One Thousand Dollars ($1,000.00) or more during an'Election
Cycle shall notify the City Clerk, within twenty -four (24) hours each time such an expenditure is
made.
1.30.130 Enforcement of Chapter
A. No Criminal Penalties. Notwithstanding any other provision of the Petaluma Municipal
Code, any violation of any provision of this chapter shall be enforceable .solely as
provided in this section.
B. Civil Liability. "Any person who fails 'to comply 'with any provision or requirement of this
p y
chapter shall - lie strictl liable to the Ci ty of Petaluma in a sum not to exceed the
following amount for each such violation.
(1) -For the making or accepting ' of any contribution in excess of the applicable
contribution limits specified in this chapter, a sum equal to three '(3) times the
amount by which the contribution exceeds the applicable contribution limit; or the
sum of two = thousand five hundred dollars .($2,500), whichever is greater, for each
violation.
(2) ' For any other violation of this chapter, the sum of one thousand dollars ($1,000)
for each violation.
C. Right to Cure 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.
D. Debt Owing to City. Any amount due from any person pursuant to subsection (B) above
shall be a debt due.and owing upon demand to the General Fund of the City of Petaluma.
E.. Civil Asti
on `to Collect Debt and Obtain Other Relief. The" District Attorney of the
11 file- a e recover
County of Sonoma sha and prosecute a civil action in superior court, to any
amount(s) due and owing to the City ofPetaluma by any person pursuant to this section,
Y P
• or to enjoin an violation or of p p
} y otherwise compel compliance with the requirements of this
chapter.
F. Limitations of Actions. No civil action shall be brought under the provisions of this
section unless said action is filed within two (2) years 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 remedial measures which may be taken
by the target party to avoid possible civil action. (the "Remedial Measures "). Such
Remedial Measures may, but need not necessarily, include 'the payment of a civil fine to
the City. Nothing contained herein shall be deemed to require the District Attorney to
offer Remedial Measures to any target party. In the event the target party is offered and
timely performs such; Remedial Measures to the satisfaction of the District Attorney, the
District Attorney shall advise the target party (and any person who, in. writing, informed
or complained to the District. Attorney concerning any such violation), in writing, that the
alleged violation has been resolved (the "Letter of Resolution ") and, in such event, no
civil action shall thereafter be filed or maintained relating to such alleged violation of this
chapter.
Section 2 . 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 remaining portions of this
ordinance. The City. Council of the City of Petaluma hereby declares that it would have passed
and adopted this oidiiance 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 3 . This chapter shall be liberally construed to accomplish its purpose.
Section 4 . The Council finds that the adoption and implementation of this ordinance are exempt
• from the provisions of the California Environmental Quality Act in that the Council finds there is
no possibility that the implementation of this ordinance may have significant effects on the
environment.
Section 5 . The City shall reimburse the Office of the District Attorney for all expenses incurred
in enforcing Chapter ,1.3 of the Petaluma Municipal Code.
Section 6. This :ordinance shall become effective thirty (30) days after the date of its adoption by
the Petaluma City Council:
Section 7 :, 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 day of
ADOPTED. this day of , 2003 by the following vote:
AYES
NOES
ABSENT:
ATTEST:
City Clerk
ord
3/19/03 (fink)
Manage #624347
2003.
Mayor
APPROVED AS TO FORM:
City Attorney
0