This chapter is intended to supplement the Political Reform Act of 1974.
(Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))
The definitions set forth in the Political Reform Act of 1974 as amended (Government Code Sections 82000 through 82055) shall govern the interpretation of this chapter, unless otherwise specified herein.
means a place, meeting or medium where ideas and views on particular issues are shared in a nondebate format and to which all registered candidates for mayor or city council offices have been invited.
means a discussion between two or more candidates who have qualified to appear on a ballot for an elective city office that is moderated by an independent third party and that is attended by the public.
means any candidate election held for elective city office in the city of Benicia, including a general municipal election, a run-off election, a special election and a recall election.
means the offices of mayor, city council member, city clerk and city treasurer.
means any individual who is a mayor, city council member, city clerk or city treasurer, whether appointed or elected.
means:
Any expenditure made by a candidate for city council or mayor, or by a committee controlled by such a candidate, for the purpose of influencing or attempting to influence the actions of the voters for or against the election of a candidate for city council or mayor.
A nonmonetary contribution provided at the behest of or with the approval of the candidate or committee controlled by the candidate.
(Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 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.
(Ord. 20-02 § 1 (Att. 1))
No person shall contribute a total of more than $250.00 to any candidate for city council, mayor, city clerk or city treasurer and to his or her controlled committee for a single election. A candidate for city council, mayor, city clerk or city treasurer, and his or her controlled committee together, shall not accept any contribution or contributions totaling more than $250.00 from any person for a single election. Nothing in this section is intended to limit the amount a candidate may contribute to his or her campaign from his or her personal funds.
(Formerly 1.42.030; Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))
No person shall make, and no person or candidate shall solicit or accept, any loan for a period of more than 30 days in connection with an election for city council or mayor. Loans to a candidate or to a candidate's controlled committees shall be counted against the contribution limitations applicable to the candidate. A candidate is not prohibited from obtaining a personal loan of any amount from a licensed financial lending institution in the regular course of business, unless the loan is made for political purposes. This section shall not limit the amount or duration of loans from the candidate to his or her own campaign.
(Formerly 1.42.040; Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))
No candidate shall expend more than $5,000 in personal funds, whether contributed or loaned, in connection with his or her campaign for elected city office until the following conditions have been met:
A.
All personal funds to be expended by the candidate shall first be deposited in the candidate's campaign contribution checking account at least 30 days before the election.
B.
The candidate shall mail or personally deliver a letter noting the depositing of personal funds exceeding $5,000 and the amount of the deposit by guaranteed overnight mail to the city clerk within 48 hours of the deposit date. The city clerk shall notify all other candidates running for that office of the deposit and amount within 24 hours. The hour limits exclude weekends and city holidays.
(Formerly 1.42.050; Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))
A.
Notwithstanding any other provision of this chapter, any candidate for city council or mayor who files a statement of acceptance of the voluntary expenditure limits specified in this section shall be allowed to collect contributions or loans in twice the amounts specified in BMC § 1.42.040.
B.
The maximum qualified campaign expenditures for a candidate for mayor or city council shall be $28,000.
(Formerly 1.42.060; Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))
If a candidate for mayor or city council declines to accept the voluntary expenditure limit and makes qualified campaign expenditures in excess of the expenditure limit, or if a committee makes independent expenditures in the aggregate of more than the same limit in support of or in opposition to any such candidate, the applicable expenditure ceiling shall no longer be binding on any candidate running for the same office.
(Formerly 1.42.070; Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))
A candidate for mayor or city council who decides not to accept the voluntary expenditure limits shall notify the city clerk by telephone and by confirming telegram, fax or email on the day the candidate raises more than 100 percent of the applicable expenditure ceiling and again on the day the candidate spends more than 100 percent of the applicable expenditure limit. The city clerk shall notify all other candidates for the same office by telephone, fax or email within one business day.
(Formerly 1.42.080; Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))
At the time of filing his or her declaration of intention, each candidate for city council or mayor shall also file a letter with the city clerk indicating acceptance or rejection of the applicable voluntary expenditure limit.
(Formerly 1.42.090; Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))
Beginning January 1, 2011, the contribution and voluntary expenditure limits established by this chapter shall be adjusted biennially by a percentage equal to the change in the San Francisco Bay Area All Urban Consumer Price Index (CPI) for the previous two years. The amounts shall be rounded to the nearest $10.00. The city clerk shall calculate such increase and post the new limits in a conspicuous place in the city clerk's office.
(Formerly 1.42.100; Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))
The open government commission shall sponsor a forum on the Friday, Saturday or Sunday before the general election for all candidates for city council or mayor who meet the criteria of this section. Additionally, the open government commission may, pursuant to a request from any member of the public or the city council, sponsor an additional candidate forum during the weeks preceding or following the issuance of mail-in ballots for any given election. The commission shall be responsible for selecting the dates of any forum after discussion and consideration of potential conflicts. The chair of the commission shall moderate the forum or shall select another member of the commission to serve as moderator. The questions shall relate to last minute "hit pieces," or to the distribution of materially deceptive audio or visual media intended to injure a candidate's reputation or to deceive a voter into voting for or against the candidate (Cal. Elec. Code § 20010). The forum will allow candidates the opportunity to respond to inflammatory statements, misinformation, disinformation and malinformation. All questions asked shall be selected from questions submitted in writing by residents of, and nonprofit organizations and business entities located in, the city of Benicia. The forum may be canceled in its entirety by unanimous consent of the candidates, delivered to the chair of the commission at least 24 hours before the scheduled forum date.
(Formerly 1.42.110; Ord. 11-07 § 1; Ord. 20-02 § 1 (Att. 1); Ord. 24-03 § 2)
A.
Criminal Enforcement. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. Any person who causes any other person to violate any provision of this chapter, or who aids and abets any other person in the violation of any provision of this chapter, shall be liable under the provisions of this section. Prosecution for violation of any provision of this chapter must be commenced within two years after the date on which the violation occurred.
B.
Civil Enforcement.
1.
Any person who intentionally or negligently violates any provision of this chapter shall be liable in a civil action brought by the city attorney. Where no specific civil penalty is provided, a person may be liable for an amount up to $2,000 for each violation.
2.
Any person who intentionally or negligently makes or receives a contribution, or makes an expenditure, in violation of any provision of this chapter shall be liable in a civil action brought by the city attorney for an amount up to three times the amount of the unlawful contribution or expenditure.
3.
If two or more persons are responsible for any violation, they shall be jointly and severally liable.
4.
In determining the amount of liability under this subsection, the court may take into account any mitigating factors and any aggravating factors.
5.
No civil action alleging a violation of this chapter shall commence more than two years after the date of the election for which the funds at issue were contributed or expended.
(Formerly 1.42.120; Ord. 09-12 § 1; Ord. 20-02 § 1 (Att. 1))