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HomeMy WebLinkAboutOrdinance 2751 N.C.S. 12/07/2020Ordinance No. 2751 N.C.S. Page 1 EFFECTIVE DATE OF ORDINANCE January 6, 2021 ORDINANCE NO. 2751 N.C.S. Introduced by: D’Lynda Fischer Seconded by: Gabe Kearney ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL ADDING SECTION 1.30.041 TO CHAPTER 1.30 (CAMPAIGN FINANCE) OF THE PETALUMA MUNICIPAL CODE REQUIRING ELECTRONIC FILING OF FAIR POLITICAL PRACTICES COMMISSION (FPPC) CAMPAIGN STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS WHEREAS, Government Code §84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk; and WHEREAS, the City Clerk's web-based system contains multiple safeguards to protect the integrity and security of the data, it will operate securely and effectively, and it will not unduly burden filers; and WHEREAS, the City Clerk will operate the electronic filing system in compliance with the requirements of Government Code §84615 and any other applicable laws. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Purpose and Authority. The purpose of this Ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees to be completed electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This ordinance is intended to supplement, and not conflict with, the Political Reform Act. Section 2. Findings. The online or electronic filing system will operate securely and effectively and will not unduly burden filers. Section 3. Chapter 1.30 (Campaign Finance) of the Petaluma Municipal Code is hereby amended to add section 1.30.041 “Electronic Filing” which shall read as follows: 1.30.040 Electronic Filing A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (Government Code §84100 et seq.) shall file such Statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Government Code §84615. Elected officers, candidates, or committees required to file statements must file such Statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Government Code §84615(a) because the DocuSign Envelope ID: D396ED4E-AAFE-4CAC-80AD-A493ED862F42 Ordinance No. 2751 N.C.S. Page 2 officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. B. All other individuals required to file Statements of Economic Interest pursuant to Chapter 7 of the Political Reform Act (Government Code § 87200 et seq.), or the City’s adopted Conflict of Interest Code shall file electronically using the City Clerk’s online system. C. Any elected officer, candidate, or committee who has electronically filed a Statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk. D. The City Clerk or shall issue an electronic confirmation that notifies the filer that the Statement was received, the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk. E. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. F. The online filing system shall enable electronic filers to complete and submit filings free of charge. G. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Government Code §84602(a)(2) and that is compatible with the Secretary of State's system for receiving an online or electronic filing. H. The online filing system shall include a procedure for filers to comply with the requirement that they sign Statements under penalty of perjury pursuant to Government Code §81004. I. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk. J. The City Clerk's system shall make all the data filed available on the City's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the City's webpage shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall make a complete, unredacted copy of the statement, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request. K. The City Clerk's office shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic Statement which shall serve as the official version of that record for purpose of audits and any other legal purpose. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation 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 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. DocuSign Envelope ID: D396ED4E-AAFE-4CAC-80AD-A493ED862F42 Ordinance No. 2751 N.C.S. Page 3 Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in a manner provided by the City Charter and other applicable law. INTRODUCED and ordered published and posted this 16 th day of November 2020. ADOPTED this 7 th day of December 2020 by the following vote: Ayes: Mayor Barrett, Vice Mayor Fischer, Healy, Kearney, King, McDonnell, Miller Noes: None Abstain: None Absent: None Teresa Barrett, Mayor ATTEST: APPROVED AS TO FORM: Kendall Rose, CMC, City Clerk Eric Danly, City Attorney DocuSign Envelope ID: D396ED4E-AAFE-4CAC-80AD-A493ED862F42