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 Santa Rosa City Council
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 City Council candidates, and to maintain public trust
in governmental institutions and the electoral process. This chapter
is further intended to increase the availability of public information
regarding campaign contributions and expenditures in City elections.
(Ord. 4027 § 1, 2014)
This chapter is intended to supplement the Political Reform Act of 1974 (California
Government Code Sections 81000 et seq.). Unless a word or term is specifically defined in this chapter, or the contrary is stated or clearly appears from the context, words and terms used herein shall have the same meaning as defined or used in Title
9 of the California
Government Code, in which the Political Reform Act of 1974 is codified, and as supplemented by the Regulations of the Fair Political Practices Commission as set forth in Title
2, Division
6 of the California Code of Regulation, as the same may be, from time to time, amended.
(Ord. 4027 § 1, 2014)
The following definitions shall be used for the purposes of
interpreting the provisions of this chapter:
Campaign communication.
For purposes of this chapter, "campaign communication" means
any of the following items:
(1)
Two hundred or more substantially similar pieces of campaign
literature distributed within a 30-day period, including, but not
limited to, mailers, flyers, facsimiles, pamphlets, door hangers,
e-mails, campaign buttons 10 inches in diameter or larger, and bumper
stickers 60 square inches or larger.
(2)
Two hundred or more substantially similar posters, yard or street
signs, and similar items.
(3)
Television, cable, satellite and radio broadcasts.
(4)
Paid advertisements, including, but not limited to, advertisements
in newspapers, magazines, and on the Internet, and on billboards.
For purposes of this chapter, "campaign communication" does
not include: small promotional items such as pens, pencils, clothing,
mugs, potholders, skywriting or other items on which the statement
required by this section cannot be reasonably printed or displayed
in an easily legible typeface; communications paid for by a newspaper,
radio station, television station or other recognized news medium
on its own behalf; and communications from an organization to its
members other than a communication from a political party to its members.
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"City council candidate"
means any person who is a candidate for City Council for
the City of Santa Rosa including incumbent Council members, appointed
or elected, whether or not a candidate for reelection.
"City election"
means any general election, special election or recall election.
"Election cycle"
means the applicable period as set forth in Section
10-32.120 of this chapter. The intent is to limit each donor to $500.00 per candidate per election.
"Indebted former candidate"
means a person who was a candidate for City Council at any
City election and who has campaign debt remaining from such election
after expiration of the election cycle for the office of which he
or she was a candidate.
"Independent expenditure"
means an expenditure made by any person or committee in connection
with a campaign communication which expressly advocates the election
or defeat of a clearly identified candidate or the qualification,
passage or defeat of a clearly identified measure, or taken as a whole
and in context, unambiguously urges a particular result in an election
but which is not made to or at the behest of the affected candidate
or committee.
"Late municipal contribution"
means any contribution, including a loan, which totals in
the aggregate $100.00 or more that is made to or received by a candidate,
a controlled committee, or a committee formed or existing primarily
to support or oppose a candidate or measure within 16 days before
the date of the election at which the candidate or measure is to be
voted on.
"Late formed committee"
means any person or combination of persons who support or
oppose a City Council candidate or City ballot measure who have not
filed a campaign disclosure statement or report as required by the
Political Reform Act prior to the sixteenth day before an election.
"Late formed committee" includes all persons and combinations of persons
who come within the definition set forth in
Government Code Section
82013 and in addition includes all persons or combinations of persons
who have solicited contributions of $500.00 or more, have received
contributions of $500.00 or more, or have made any expenditures of
$500.00 or more for the purpose of supporting or opposing a City Council
candidate or City ballot measure.
"Late independent expenditure"
means an independent expenditure that totals in the aggregate
$500.00 or more and is made for or against a specific City Council
candidate or City ballot measure within 90 days before the date of
the election for such candidate or ballot measure.
"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.
"Robocall"
means any single recorded telephone message made in support
of or opposition to a City Council candidate(s) or City ballot measure(s)
and placed to 200 or more individuals or households within a 30-day
period.
Other terms defined.
Except as specifically defined in this section, all words used in this chapter have the same definition as that set forth in Title
9 of the California
Government Code, in which the Political Reform Act of 1974 is codified, and as supplemented by the Regulations of the Fair Political Practices Commission as set forth in Title
2, Division
6 of the California Code of Regulation, as the same may be, from time to time, amended.
(Ord. 4027 § 1, 2014)
The requirements of this chapter shall apply only to elections
for City Council of the City of Santa Rosa and ballot measures which
are being voted on only within the City of Santa Rosa.
(Ord. 4027 § 1, 2014)
The requirements of this chapter are in addition to all requirements
imposed by State law, including, but not limited to, the California
Political Reform Act,
Government Code Section 81000 et seq.
(Ord. 4027 § 1, 2014)
Each City Council candidate and each committee formed or existing primarily to support or oppose a City Council candidate or City ballot measure shall file a pre-election campaign disclosure statement for the period from the end of the period covered by the second pre-election statement required by the Political Reform Act to 11:59 p.m. on the third business day immediately preceding election day. Such statement shall be filed with the City Clerk pursuant to Section
10-32.060 by noon on the second business day before the City election.
(Ord. 4027 § 1, 2014)
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 City Council
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:
(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 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.
(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 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.
(Ord. 4027 § 1, 2014)
If the name, street address, occupation or 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 paid
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 the appropriate schedule(s)
of Fair Political Practices Commission Form 460, or any successor
form thereto. Both the receipt and return of any such contribution
shall be disclosed on the appropriate schedules of Fair Political
Practices Commission Form 460, or any successor form thereto.
(Ord. 4027 § 1, 2014)
Contributions received from any contributor during a reporting period which have a cumulative total of $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 the appropriate schedule(s) of Fair Political Practices Commission Form 460, or any successor form thereto, 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
10-32.120.
(Ord. 4027 § 1, 2014)
Any person or committee that makes a late independent expenditure, as defined in Section
10-32.030, shall report the late independent expenditure within 24 hours of the time it is made. Such report shall be filed with the City Clerk pursuant to Section
10-32.060 on FPPC Form 496 or any successor form thereto. The notice shall specifically state the ballot measure(s) or name(s) of the candidate(s) whom the independent expenditure is intended to support or oppose. The report shall also include the information required to be provided in FPPC Form 496 or any successor form thereto and the email address, if any, of the person or committee making the independent expenditure. A report filed pursuant to this section shall be in addition to any other campaign statement required to be filed by this chapter or the Political Reform Act.
(Ord. 4027 § 1, 2014)