This chapter may be cited as the "Campaign Contribution Limits
Code" of the city of West Sacramento.
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
The city council of the city of West Sacramento finds and declares
as follows:
A.
The
policy of this city is to protect the integrity of the electoral process.
Local government should serve the needs and respond to the wishes
of all citizens equally, without regard to their wealth.
B.
Monetary
contributions to political campaigns are a legitimate form of participation
in the political process, but the financial strength of certain individuals
or organizations should not permit them to exercise a disproportionate
or controlling influence on the election of candidates for municipal
office.
C.
The
increasing amounts of expenditures in political campaigns have forced
many candidates for elective office to raise larger and larger sums
from individuals or interest groups with a specific financial stake
in city matters. This can cause a public perception that the decisions
of the mayor and city council members are being improperly influenced
by monetary contributions. These perceptions can undermine the credibility
of the mayor and city council and the elective and governmental processes.
D.
The
best interests of the citizens of the city are served by reducing
direct and indirect campaign contributions.
E.
The
city finds that limitations on contributions of money, services and
materials by individuals or groups to municipal election campaigns
should be imposed by law to protect the public health, safety and
welfare. These limitations, however, should be reasonable so as not
to discourage personal expression or participation in the political
process.
F.
Campaign
spending for municipal office campaigns is escalating to dangerous
and unreasonable levels. The integrity of the legislative process,
the competitiveness of campaigns, and public confidence in elected
municipal officials are all diminishing because of the perceived effects
of large campaign contributions.
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
The city council of the city enacts the ordinance codified in
this chapter to accomplish the following purposes:
A.
To encourage
public trust in the electoral and decision-making processes of the
city, and to ensure that individuals and interest groups have a fair
and equal opportunity to participate in the elective and legislative
process;
B.
To reduce
the potential for influence by large contributors with a specific
financial stake in matters before the city, thus countering the perception
that decisions of municipal officials are influenced by the size of
contributions rather than by the merits of proposals and the best
interests of the people of the city;
C.
To encourage
smaller contributions;
D.
To help
ensure public trust in the city's legislative and electoral institutions;
E.
To limit
the use of loans and credit in the financing of political campaigns
for city elective office;
F.
To provide,
in conjunction with the Political Reform Act and the regulations adopted
by the California Fair Political Practices Commission implementing
the Political Reform Act, a comprehensive system for regulating the
conduct of campaigns for city elective office which, for example,
prohibits defined officials from receiving or soliciting campaign
contributions of more than two hundred fifty dollars from defined
persons during proceedings before the city in which such defined persons
are interested and for three months thereafter (Government Code Section
84308).
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
Unless a particular word or phrase is otherwise specifically
defined in this chapter, or the contrary is stated or clearly appears
from the context, the definitions set forth in the Political Reform
Act of 1974 (Government Code Section 81000 et seq.) shall govern the
constructions, meaning and application of words and phrases used in
this chapter. References to particular sections of the Government
Code or other statutes or laws, including references in this section,
shall be deemed to include any changes to such sections, statutes
or laws, including any amendments, deletions, additions, renumberings
or recodifications that may occur subsequent to the enactment of the
ordinance codified in this chapter.
means the California Political Reform Act, Government Code Section 81000 et seq., and implementing regulations promulgated by the Fair Political Practices Commission set forth in Title 2 of the California Administrative Code Section 18000 et seq., as they may be modified from time to time.
means an account established pursuant to California Government
Code Section 85201.
means an individual who has filed a statement pursuant to
California Government Code Section 85200 indicating an intent to run
for city elective office.
means the city of West Sacramento.
means the office of mayor and the office of city council
member.
means contribution as defined in California Government Code
Section 82015, and shall include nonmonetary contributions, extensions
of credit, and loans (including credit card advances) to the extent
that these are considered contributions pursuant to California Government
Code Section 84216, subject to the following:
Unsecured Loans. Except as otherwise provided in subsection
3, if the loan is not secured or guaranteed, it shall be considered
a contribution from the lender and shall be subject to the contribution
limits of this chapter.
Secured or Guaranteed Loans. Notwithstanding California Government
Code Section 84216, a loan which is secured or guaranteed shall be
considered a contribution from the lender and guarantor or person
whose property secures the loan, and shall be subject to the contribution
limits of this chapter, except as otherwise provided in subsection
3.
Loans to Candidates from Commercial Lending Institutions. A loan made to a candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public which is either unsecured, personally guaranteed by the candidate, or secured by property owned by the candidate, shall not be considered a contribution from the lender. Such loans shall, however, be considered a contribution of personal funds from the candidate for the purpose of Section 2.18.050(A).
means a controlled committee as defined in California Government
Code Section 82016.
means:
For general elections to city elective office, the period from
the day after the election until the day of the next election for
the same city elective office;
For special elections to city elective office, the period from
the day on which the seat becomes vacant until the day of the special
election;
In the case of a recall, the period from the date of the filing
of the notice of intention to circulate a recall petition until the
date of the election. This election cycle shall also apply to candidates
to fill a vacancy in the city elective office that may be created
by such recall.
means a late contribution as defined in California Government Code Section 82036, except that for purposes of this chapter, the dollar threshold contained in Section 82036 shall be revised to read the maximum contribution limit as specified in Section 2.18.050(A)(1) or (2) (as applicable) for the period beginning ninety days prior to the election and ending seventeen days prior to the election, and one hundred dollars for the period beginning sixteen days prior to the election.
means an individual or any proprietorship, labor union, firm,
partnership, joint venture, syndicate, business trust, company, corporation,
association, political action committee, committee or any other entity
or organization or group of persons, however organized.
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
A.
Contribution
Limits to City Council Elections.
1.
Limitation
on Contribution from Persons to Candidate for City Elective Office.
No person shall make, and no candidate for city elective office or
a controlled committee of the candidate or person acting by or on
behalf of the candidate or the candidate's controlled committee shall
accept, any contribution which would cause the total amount contributed
by that person during any election cycle to the candidate, or to the
candidate's controlled committee, to exceed two hundred fifty dollars.
2.
Contribution
of Personal Funds to a Candidate's Own Campaign. Nothing in this section
is intended to limit the amount a candidate may contribute to his
or her campaign for city elective office from his or her personal
funds; provided, however, that if a candidate contributes more than
two thousand five hundred dollars during an election cycle to his
or her campaign from his or her personal funds, then the limitation
on contributions that may be made to or accepted by all candidates
for the same city elective office, and their controlled committees,
shall be increased to five hundred dollars. Loans made to a candidate
by a commercial lending institution in the regular course of business
on the same terms available to members of the public will be considered
a contribution of personal funds for purposes of this section.
A candidate who contributes more than two thousand five hundred
dollars during an election cycle to his or her campaign from his or
her personal funds shall notify the city clerk in writing within twenty-four
hours after making the contribution that causes the total contributed
by the candidate to exceed two thousand five hundred dollars, which
notification shall be available for review by the public upon receipt
by the city clerk. Notification shall be provided by one of the following
methods:
3.
Written
Solicitations by Candidates. Any candidate or his or her controlled
committee making a written solicitation for a contribution for the
candidate's campaign for city elective office shall include the following
written notice in no less than eight-point type on each such solicitation:
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NOTICE
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The West Sacramento Municipal Code limits the amount a contributor
may give to a candidate for elective office to an aggregate total
of two hundred fifty dollars. This includes contributions to the candidate,
and to persons or committees controlled by the candidate.
|
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If the maximum contribution amount for a candidate has been increased to five hundred dollars pursuant to Section 2.18.050(A), the dollar amount in that candidate's written notices may be increased from two hundred fifty dollars to five hundred dollars.
|
4.
Exception
for Campaign Indebtedness. A contribution specifically made to, accepted
by and expended by a candidate or incumbent for the purpose of eliminating
campaign debts incurred by the candidate or incumbent in the course
of a previous campaign for city elective office shall be considered
a contribution made and accepted during the election cycle in which
the debts were incurred.
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
For purposes of this chapter, a contribution shall be considered
to have been "made" and "accepted" as follows:
A.
Monetary
Contributions.
1.
Making
of Monetary Contributions. For purposes of the contribution limitations
of this chapter, a monetary contribution is "made" on the date the
contribution is mailed, delivered or otherwise transmitted to the
candidate or controlled committee. The date of the check or other
negotiable instrument by which the contribution is made may be presumed
by the candidate, committee, or person receiving the contribution
to be the date on which the contribution is mailed, delivered or otherwise
transmitted, unless it is known to the candidate, committee, or person
receiving the contribution to be later than the date the contribution
is mailed, delivered or otherwise transmitted, in which case the earlier
date shall be considered the date on which the contribution is "made."
2.
Acceptance
of Monetary Contributions. For purposes of the contribution limits
of this chapter, a monetary contribution shall be deemed "accepted"
on the date that it is made; provided that a monetary contribution
shall not be considered accepted for purposes of this chapter if it
is not cashed, negotiated or deposited and, in addition, is returned
to the donor within fourteen days of receipt.
B.
Nonmonetary
Contributions.
1.
Making
of Nonmonetary Contributions. A nonmonetary contribution is "made"
by the contributor on the earlier of the following dates:
a.
The date that funds are expended by the contributor for goods or
services if the specific expenditure is made at the request of the
candidate or controlled committee;
b.
The date that the candidate or controlled committee, or agent of
the candidate or controlled committee obtains possession or control
of the goods or services; or
c.
The date that the candidate or controlled committee otherwise receives
the benefit of the expenditure.
2.
Acceptance
of Nonmonetary Contributions. A nonmonetary contribution is deemed
"accepted" on the date that it is "made" by the contributor; provided
that a nonmonetary contribution shall be deemed not to have been accepted
for purposes of this chapter if it is returned within fourteen days
of having been made by returning to the contributor any of the following:
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
A.
All contributions made during an election cycle directly to a candidate or to any of the candidate's controlled committees shall be aggregated for purposes of the two-hundred-fifty-dollar individual contribution limitation established in Section 2.18.050(A).
B.
The limit established in Section 2.18.050 pertains to the aggregate total of all contributions made during an election cycle for or against a candidate for elective office. This amount includes the total of the contributions to the candidate or to the candidate's controlled committees for or against the candidate.
C.
All
payments made by a person or organization whose contributions or expenditure
activities are financed, maintained or controlled by any corporation,
labor organization, association, political party or any other person
or committee, including any parent, subsidiary, branch, division,
department or local unit of the corporation, labor organization, association,
political party or any other person, or by any group of such persons,
shall be considered to be made by the person financing, maintaining
or controlling the contribution or expenditure.
D.
Two or more persons shall be treated as one and the same person for purposes of the contribution limitations set forth in Section 2.18.050, and their contributions shall be aggregated and shall not exceed the limitations set forth in Section 2.18.050, in the following situations:
1.
Related
Entities. Two or more entities shall be treated as one person when
such entities:
a.
Share the majority of members of their boards of directors,
b.
Share two or more corporate officers,
c.
Are owned or controlled by the same majority shareholder or shareholders,
or
d.
Are in a parent-subsidiary relationship. A parent-subsidiary relationship
exists when one corporation directly or indirectly owns shares possessing
more than fifty percent of the voting power of another corporation;
2.
Controlling
Interest. A person and any general or limited partnership in which
the person is a general partner, or a person and any corporation in
which the person owns a controlling interest, shall be treated as
one person. For purposes of this subsection, a controlling interest
in a corporation means fifty percent or more of the voting power of
a corporation.
E.
Notwithstanding the provisions of Section 2.18.130, candidates and controlled committees shall not be deemed to be in violation of this section if any of them accepts a contribution from a person that was made in violation of the contribution limits of this chapter. It is the intent of this section to make contributors, and not candidates or controlled committees liable for violations occurring as a result of the applicability of this chapter to contribution limits.
F.
A candidate for city elective office may transfer campaign funds from one controlled committee to another controlled committee of the same candidate. Contributions transferred shall be attributed to specific contributors using methods set forth in the Political Reform Act. Transferred funds, when aggregated with all other contributions from the same contributor, may not exceed the limits set forth in Section 2.18.050.
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
A.
Contributions
by a husband and wife shall be treated as separate contributions and
shall not be aggregated.
B.
Contributions
by dependent children shall be treated as contributions by their parents
and attributed proportionately to each parent (one-half to each parent
or the total amount to a single custodial parent).
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
Contributions to a candidate by his or her spouse, children
or any other family member shall be subject to the contribution limits
of this chapter.
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
A.
Notwithstanding the date of adoption and the effective date of the ordinance codified in this chapter, and except as otherwise provided in subsections B and C of this section, the contribution limits of this chapter shall apply to contributions made on or after January 1, 1993, to:
1.
Any candidate for city elective office, including an incumbent, who sought or who will seek election in any election for city elective office. Contributions made prior to January 1, 1993, shall not be considered for purposes of the individual contribution limits contained in Sections 2.18.050 and 2.18.080; and
B.
Contributions
made prior to the effective date of Ordinance No. 02-5, shall not
be considered or aggregated for purposes of the contribution limits
contained in Sections 2.18.050(B) and 2.18.080(B).
C.
No candidate or controlled committee shall be deemed to have violated any provisions of this chapter solely because contributions in excess of the limitations contained in Sections 2.18.050 and 2.18.080 were accepted or made before the date specified in subsection A or B of this section. Nothing in this subsection shall be deemed to require the return of any contribution made prior to the effective date of the ordinance codified in this chapter.
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
Nothing in this chapter shall be deemed to exempt any person
from complying with applicable provisions of any other laws of this
state, including, but not limited to, the contribution limitations
contained within the California Political Reform Act for special elections.
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
A.
Any
person who willfully or knowingly violates any provision of this chapter
is guilty of a misdemeanor.
B.
If the
city clerk discovers through a campaign statement that any provision
of this chapter has been violated, the city clerk shall promptly notify
the District Attorney.
(Ord. 02-5 § 2; Ord. 04-11 § 2; Ord. 10-9 § 2; Ord. 11-5 § 2; Ord. 14-2 § 2)
