The city council finds as follows:
A. 
There are basic principles of honesty, fairness, responsibility and respect to which every candidate for public office and every political action committee supporting or opposing such candidates should adhere in order to be worthy of the public office that that candidate seeks.
B. 
Campaign communications should present only information that is fair, relevant and truthful to the voters for their consideration.
C. 
Candidates and political action committees that fall short of adhering to such principles alienate the public from the electoral process and erode the public's trust and confidence in the offices that those candidates seek. This chapter is enacted to induce candidates and political action committees to adhere to principles which enhance the electoral process and build the public's trust and confidence.
D. 
To eliminate unacceptable levels of negativism, attack advertising and other practices that demean representative democracy and undermine an elected official's ability to serve the public interest.
E. 
Negative, attack-oriented campaigns are a major factor in the growing cynicism, alienation and nonparticipation among American voters, striking at the heart of the American system of government.
F. 
To prohibit entities from knowingly distributing, with actual malice, materially deceptive audio or visual media, as defined in California Election Code Section 20010(e), intended to injure a candidate's reputation or to deceive a voter into voting for or against the candidate.
G. 
Candidates and political action committees have a responsibility to conduct civil, issue-oriented debates with fellow candidates and provide opponents with a meaningful opportunity to respond to any claims concerning their positions or qualifications to hold office.
H. 
Candidates for public office and political action committees should have the ability to conduct clean and ethical campaigns.
(Ord. 24-03 § 1)
This chapter shall apply to all election campaigns including campaigns for mayor and city council, citizen initiatives, referenda, recalls and all other city ballot measures. Candidates for mayor, city council, and other elected city officials as well as political action committees may participate in and elect to adhere to the Voluntary Code of Fair Campaign Practices.
For purposes of this chapter, "political action committee" shall mean any political committee organized for the purpose of raising and spending money to elect and defeat candidates, legislation, or ballot measures and initiatives. Political action committees shall include independent expenditure committees, primarily formed recipient committees, and general purpose recipient committees. Political action committees shall not include controlled committees.
(Ord. 24-03 § 1)
At the time an individual files his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the Benicia Code of Fair Campaign Practices and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary. A candidate (or controlled committees of such candidate running for office or a committee formed for the purpose of a recall) qualifies as a participating candidate under this chapter for an election campaign period if the following requirements are met:
A. 
The candidate voluntarily endorses, subscribes to, and solemnly pledges to conduct his or her campaign in accordance with the current version of the Benicia Code of Fair Campaign Practices.
B. 
The candidate will immediately and publicly repudiate those who take actions that either help a candidate's candidacy or hurt an opponent's candidacy, which are inconsistent with the Benicia Code of Fair Campaign Practices.
C. 
If a candidate agrees to voluntarily endorse, subscribe to, and solemnly pledge to support and/or oppose campaigns in accordance with the current version of the Benicia Code of Fair Campaign Practices, the city shall post on its website a statement that said candidate has voluntarily subscribed to the Benicia Code of Fair Campaign Practices.
D. 
If the candidate agrees to voluntarily endorse, subscribe to, and solemnly pledge to conduct their campaign in accordance with the current version of the Benicia Code of Fair Campaign Practices:
1. 
The cost for setup and printing of each candidate's statement will be borne by the city; and
2. 
The cost of printing the statement of qualifications in English and inspection costs to determine the accuracy and legal form of the nomination papers shall be borne by the city.
(Ord. 24-03 § 1)
A political action committee qualifies as a participating political action committee for an election campaign period if the following requirements are met:
A. 
The political action committee voluntarily endorses, subscribes to, and solemnly pledges to support and/or oppose campaigns in accordance with the currently adopted Benicia Code of Fair Campaign Practices.
B. 
If a political action committee agrees to voluntarily endorse, subscribe to, and solemnly pledge to support and/or oppose campaigns in accordance with the currently adopted Benicia Code of Fair Campaign Practices, the city shall post on its website a statement that said political action committee has voluntarily subscribed to the Benicia Code of Fair Campaign Practices.
(Ord. 24-03 § 1)
A. 
Formal complaints of suspected violations of the Voluntary Code of Fair Campaign Practices pledge can be made by any candidate or political action committee that has signed onto the pledge and must be submitted to the city clerk's office immediately.
B. 
The city clerk will within two business days inform all candidates and/or political action committees involved, and post the complaint and any rebuttal provided within five business days of notice on the city's website.
C. 
In addition to the process outlined in subsections (A) and (B) of this section, any member of the public can present a complaint to the open government commission, and any such complaint and any subsequent rebuttal shall be part of the public record.
D. 
Candidates for public office who do not voluntarily endorse, subscribe to, and solemnly pledge to conduct their campaign in accordance with the currently adopted Benicia Code of Fair Campaign Practices will be responsible for any and all costs for the setup and printing of each candidate's statement and the printing of the statement of qualifications in English and inspection costs to determine the accuracy and legal form of the nomination papers.
(Ord. 24-03 § 1)