Prior history: Prior code §§ 21100, 21101
and 21105; Ords. 99-553 and 98-528.
The purpose of this chapter is to establish limits on the amounts
of money that may be contributed to political campaigns in municipal
elections for City Council office. It is the City Council's intent
to address the perception that unregulated campaign contributions
lead to improper influence over elected officials and to establish
realistic, narrowly tailored and enforceable limits on the amounts
which may be contributed to political campaigns consistent with rights
of political expression protected by the United States Constitution.
The City Council finds that the establishment of campaign contribution
limits is authorized by Section 10202 of the California Elections
Code and Section 81013 of the California Government Code.
The Council further finds that the limit imposed herein is not
so low as to infringe on candidates' ability to communicate with the
voters, as evidenced by the research and report prepared by the City
Clerk indicating that in recent municipal elections the large majority
of contributions were in amounts at or lower than the limit imposed
herein.
(Ord. 09-830 § 1, 2009; Ord. 09-835 § 1, 2009)
The definitions set forth in the Political Reform Act of 1974,
as amended (California Government Code Section 81000 et seq.) shall govern the interpretation of this chapter. As used in this
chapter:
means written materials created for the purpose of expressing
support or opposition to a candidate for City Council, including,
without limitation, mass mailers, websites, emails and campaign signs.
shall include a candidate's controlled committee.
shall be limited to a committee formed or existing primarily
to support or oppose a candidate for City Council.
(Ord. 09-830 § 1, 2009; Ord. 09-835 § 1, 2009; Ord. 16-981 § 1, 2016)
No person shall make a contribution to any candidate that would
cause the total amount contributed by such person to exceed $1,000
in connection with any single election. No candidate for City Council
shall solicit or accept a contribution from any person that would
cause the total amount received from such person to exceed $1,000
in connection with any single election.
For purposes of this section:
a.
Contributions
by spouses or domestic partners shall be treated as separate contributions
and shall not be aggregated.
b.
Contributions
by children under the age of eighteen shall be attributed equally
to each parent or guardian.
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This section shall not apply to expenditures by a candidate
of his or her own funds in support of his or her own campaign.
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(Ord. 09-830 § 1, 2009; Ord. 09-835 § 1, 2009; Ord. 11-866 § 1, 2011; Ord. 20-1099 § 1, 2020)
No person shall make a contribution to any candidate or any
committee prior to the date that is twenty-four months before the
election for which the contribution is made. No candidate for City
Council or any committee shall solicit or accept a contribution from
any person prior to the date that is twenty-four months before the
election for which the contribution is made.
(Ord. 09-830 § 1, 2009; Ord. 09-835 § 1, 2009; Ord. 13-907 § 1, 2013)
No candidate for City Council or committee shall expend contributions received in connection with a particular election on campaign expenses associated with a subsequent election. Campaign accounts of candidates elected to office in which there is a surplus following payment of campaign debts shall be redesignated as officeholder accounts and maintained in compliance with Section 2.76.060. Any surplus funds beyond those permitted to be retained in an officeholder account shall be expended exclusively in compliance with Government Code Section 89515 or remitted to the city to be used for programs that enhance voter education and participation in elections. Candidates shall provide the City Clerk with documentary evidence that the balance in their campaign accounts complies with Section 2.76.060 within ten days of redesignation of the account as an officeholder account.
(Ord. 09-830 § 1, 2009; Ord. 09-835 § 1, 2009; Ord. 13-907 § 1, 2013)
Following the municipal election at which a candidate is elected
or re-elected, the candidate's campaign account shall be redesignated
as an officeholder account. No person shall make and no City Councilmember
shall solicit or accept a contribution directly into an officeholder
account. An officeholder account shall not hold more than $10,000
at any one time. Funds in an officeholder account shall be used only
for officeholder expenses associated with holding office in accordance
with Sections 89512 through 89519 of the California Government Code,
excluding that part of Subsection 89513(g) pertaining to loans to
candidates, political parties or committees. Funds in an officeholder
account shall not be used or expended: (a) in connection with an election
of the City Councilmember or any other person for any elected office;
(b) for campaign consulting, research, polling or similar services
in connection with an election; (c) for membership dues in any athletic
club or similar club or organization membership in which is primarily
personal or social (but excluding membership in or contributions to
community-serving or civic organizations); (d) as supplemental compensation
for city employees for performance of an act that would be required
or expected of that person in the regular course of his or her duties;
or (e) for any expenditure that would violate the provisions of Government
Code Sections 89506 and 89512 through 89519. Every City Councilmember
who establishes and maintains an officeholder account shall file with
the City Clerk a semi-annual report on a form provided by the Clerk
enumerating all deposits into the officeholder account and identifying
all disbursements from the account in excess of $100 by showing the
payee, date, amount, person(s) whose expenses were reimbursed and
purpose of each such disbursement. The Councilmember shall retain
all receipts, invoices and other documents documenting disbursements
from the account.
(Ord. 09-830 § 1, 2009; Ord. 09-835 § 1, 2009)
All primarily formed committees shall identify on all campaign
materials the names of the top three donors that have made the highest
total contributions to the committee as reported in the Form 497 filings
submitted to the City Clerk, or any equivalent form required by law,
at the time the campaign materials are disseminated to the public.
For purposes of this section, the term primarily formed committee
shall be as defined in the Political Reform Act.
(Ord. 16-981 § 2, 2016)
a.
Any elected officer, candidate, committee, or other person required to file statements, reports or other documents prescribed by Chapter 4 (Campaign Disclosure) of Title 9 (Political Reform) of the California Government Code that has received contributions and made expenditures of $1,000 or more, shall electronically file such statements using procedures established by the City Clerk.
b.
Once an elected officer, candidate, committee, or other person files a statement, report, or other document electronically pursuant to subsection (a), all future statements, reports, or other documents on behalf of that filer shall be filed electronically.
c.
In any
instance in which an original statement, report, or other document
must be filed with the California Secretary of State and a copy of
that statement, report, or other document is required to be filed
with the City Clerk, the filer may, but is not required to file the
copy electronically.
d.
If the
City Clerk's electronic system is not capable of accepting a particular
type of statement, report, or other document, an elected officer,
candidate, committee, or other person shall file that document with
the City Clerk in an alternative format.
(Ord. 16-987 § 2, 2016)
In addition to any other remedy provided by law, the portion
of any contribution that exceeds the maximum contribution permitted
by this chapter shall be remitted to the city and used for programs
that enhance voter education and participation in elections.
(Ord. 09-830 § 1, 2009; Ord. 09-835 § 1, 2009)
