The council of the City of Roseville finds and determines that
inherent to the high cost of election campaigning is the problem of
improper influence, real or potential, exercised by campaign contributors
to ballot measures. It is the purpose and intent of this chapter to
identify major contributors to municipal political campaigns, and
to thus alleviate such improper influence, both real and potential.
(Ord. 1643 § 1, 1982)
This chapter is intended to supplement the Political Reform Act of 1974. Unless otherwise provided herein, words and phrases used in this chapter including reporting periods and thresholds, shall have the same meaning as defined in the Political Reform Act of 1974, Title 9 of the Government Code of the State of California, as said Act now exists or may hereafter be amended.
(Ord. 1643 § 1, 1982)
Whenever in this chapter, the following words or phrases are
used, they shall mean as follows:
means any initiative or referendum proposition to be voted
on at any election, for the purpose of amending the Charter of the
city, or of adopting or repealing any ordinance of the city.
means a payment, a forgiveness of a loan, a payment of a
loan by a third party, or an enforceable promise to make a payment
except to the extent that full and adequate consideration is received,
unless it is clear from the surrounding circumstances that it is not
made for political purposes. An expenditure made at the behest of
a recipient committee or elected officer is a contribution to the
recipient committee or elected officer unless full and adequate consideration
is received for making the expenditure.
Contribution includes the purchase of tickets for events such
as dinners, luncheons, rallies and similar fundraising events; the
granting of credit in the normal course of business; the granting
of discounts or rebates not extended to the public generally or the
granting of discounts or rebates by television and radio stations
and newspapers not extended on an equal basis to all recipient committees
for the same office; and the payment of compensation by any person
for the personal services or expenses of any other person if such
services are rendered or expenses incurred on behalf of a recipient
or committee without payment of full and adequate consideration.
Contribution shall further include any payment received by a
recipient committee from another committee.
Contribution shall not include amounts received pursuant to
an enforceable promise to the extent such amounts have been previously
reported as a contribution.
Contribution shall not include the cost of an event held in
honor or behalf of a recipient or committee when the total cost of
the event amounts to no more than $475.00 and when the event is not
held for the purpose of obtaining contributions to the committee.
Notwithstanding the foregoing definition, contribution shall
not include volunteer personal services or payments made by an individual
for his own travel expenses if such payments are made voluntarily
without any understanding or agreement that they shall be, directly
or indirectly, repaid to him. Further, contribution shall not include
an independent expenditure.
means any general or special election held in the city, including
any recall election.
means an individual, proprietorship, firm, partnership, joint
venture, syndicate, business trust, company, corporation, association,
committee, labor union, and any other organization or group of persons
acting in concert.
means any person or combination of persons who directly or
indirectly receives contributions for the purpose of making expenditures
to support or oppose any ballot measure.
(Ord. 1643 § 1, 1982; Ord. 5878 § 7, 2017)
A.
The
total anonymous contributions received by any recipient committee
shall not exceed $100.00.
B.
To the
extent that total anonymous contributions are received in excess of
that permitted by this section, the excess shall be paid by the recipient
committee to the city for deposit in the general fund of the city.
(Ord. 1643 § 1, 1982; Ord. 2043 § 2, 1987)
No contribution shall be made, directly or indirectly, by any
person or combination of persons acting jointly in a name other than
the name by which they are identified for legal purposes, nor in the
name of another person or combination of persons. No person shall
make a contribution in his or her or its name of anything belonging
to another person or received from another person on the condition
that it be used as a contribution. When it is discovered by a recipient
committee that a contribution has been received in violation of this
section, the recipient committee shall pay promptly the amount received
in violation of this section to the city for deposit in the general
fund of the city.
(Ord. 1643 § 1, 1982)
A.
The Political Reform Act of 1974, and the California Government Code,
provide for various campaign reports to be filed on dates determined
by the Fair Political Practices Commission (FPPC).
All ballot measure committees, their controlled committees, and committees primarily formed to support or oppose an elected official, candidate, or a measure shall file the applicable pre-election and post-election reports specified in Section 84200 et seq., of the California Government Code and file reports required by the City of Roseville as prescribed in subsection (B)(1) of this section. Reports shall be filed with the city clerk as follows:
1.
A report of all contributors who have made a contribution or contributions
to the ballot measure committee or controlled committee in the cumulative
amount of $100.00 or more since the last report. The list shall include
the name, address, occupation, and employer of each contributor, and
the dollar amount of each contribution or contributions.
2.
A report of all expenditures made by the ballot measure committee
or controlled committee to each person who received the cumulative
amount of $100.00 or more since the last report. The report shall
include the name, and street address of each recipient, as well as
the amount of each expenditure and a brief description of the consideration
for which each expenditure was made.
B.
Reporting Deadlines.
1.
For general elections, pre-election and post-election reports shall
be filed as follows:
a.
July 31 for the period of January 1 to June 30 (semi-annual).
b.
For the period ending 45 days before the election and filed
no later than 40 days before the election covering period July 1 to
deadline (first pre-election).
c.
For the period ending 17 days before the election and filed
no later than 12 days before the election from the last deadline (second
pre-election). This report must be filed by personal delivery, guaranteed
overnight service or on-line.
d.
January 31 for the period from second pre-election deadline
to December 31 (semi-annual).
e.
Reports shall be filed with the city clerk by 5:00 p.m. on the
deadline dates.
2.
For special or recall elections, pre-election and post-election reports
shall be filed as follows:
a.
July 31 for the period of January 1 to June 30 (semi-annual).
b.
For the period ending 45 days before the election and filed
no later than 40 days before the election (first pre-election).
c.
For the period ending 17 days before the election and filed
no later than 12 days before the election from the last deadline (second
pre-election). This report must be filed by personal delivery, guaranteed
overnight service or on-line.
d.
60th day after the special election.
e.
January 31 for the period from second pre-election deadline
to December 31 (semi-annual).
f.
Reports shall be filed with the city clerk by 5:00 p.m. on the
deadline dates.
C.
The period covered by any report begins on the day after the closing
date of the last report filed. Dates for the first pre-election and
second pre-election reports will vary depending on the yearly election
date.
D.
In addition to the campaign reports required by Sections 84200 and
84200.5 of the California Government Code, all ballot measure committees
shall file the following special reports (if applicable):
1.
Late contribution reports (within 24 hours of receipt).
2.
Late independent expenditure reports, when required by Section 84204
of the California Government Code.
E.
All reports required by this section shall be filed on forms supplied
by the FPPC, the city clerk or via the City of Roseville electronic
campaign filing portal. The contributions and expenditures listed
on required reports shall be cumulative for each election.
F.
It shall be the duty of the ballot measure committee, their treasurer,
and principal officer of any committee, to maintain such detailed
accounts, records, bills, copies of checks, and receipts that are
necessary to prepare the campaign statements required by this chapter
and the Political Reform Act. Such records shall also be maintained
and retained by committees primarily formed to support or oppose an
elected officer, candidate, or a measure pursuant to the provisions
of the Political Reform Act and regulations promulgated by the FPPC.
(Ord. 1643 § 1, 1982; Ord. 2043 § 2, 1987; Ord. 3717 § 2, 2001; Ord. 5878 § 8, 2017; Ord. 6773, 12/20/2023; Ord. 6774, 12/20/2023)
The city clerk shall cause all reports submitted in accordance with the provisions of subsections (B)(1) and (B)(2) of Section 2.80.070, to be made available for review on the city website within two weeks of submittal.
(Ord. 1643 § 1, 1982; Ord. 2043 § 2, 1987; Ord. 3557 § 3, 2000; Ord. 3717 § 2, 2001; Ord.
5878 § 9, 2017)
Any person who knowingly or willfully violates any provision
of this chapter is guilty of a misdemeanor.
(Ord. 1643 § 1, 1982; Ord. 5878 § 10, 2017)
This chapter shall be construed liberally in order to effectuate
its purposes. No error, irregularity, informality, neglect or omission
of any officer in any procedure taken under this chapter which does
not directly affect the jurisdiction of the council or the city to
control campaign contribution disclosures shall avoid the effect of
this chapter.
(Ord. 1643 § 1, 1982)
If any provision of this chapter or the application thereof
to any person or circumstance, is held invalid, the validity of the
remainder of the chapter and the applicability of such provisions
to other persons and circumstances shall not be affected thereby.
(Ord. 1643 § 1, 1982)
