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HomeMy WebLinkAboutOrd 1973-1452 ORDINANCE NO. 1452 >.:; AN ORDINANCE OF THE CITY OF CHULA ,VISTA AMENDING ARTICLE 6 OF CHAPTER 1 OF THE CHULA VISTA CITY CODE BY ADDING THERETO NEW SECTIONS 1 . 605 THROUGH 1. 635 , ALL RELATING TO THE CONTROL OF CHULA VISTA MUNICIPAL ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES The City Council of the City of Chula Vista does ordain as follows : SECTION I : That Article 6 of Chapter 1 of the Chula Vista City Code be , and the same is hereby amended by adding thereto new Sections 1. 605 through 1. 635 to read as follows : Sec. 1 .605. Purpose and Intent. The problem of ever increasing campaign expenditures has become a serious, if not disastrous , reality of American politics and campaigns in the City of Chula Vista are not excepted. Incidental to the high cost of election campaigning is the problem of improper in- fluence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the City Council of the City of Chula Vista in enacting this ordinance to place realistic and enforceable limits on the amounts which may be spent for political campaigning in muni- cipal elections; to place realistic and enforceable limits on the amounts individuals may contribute to political campaigns in municipal elections; to insure � and promote integrity, honesty, and fairness in the decisions of public policy; to insure that funds and services donated to a candidate or campaign committee are used solely for lawful campaign purposes; to in- sure a level of discussion of public issues adequate for a viable political campaign and to provide oppor- tunity for all citizens to become candidates for public office unhindered by a need to meet exorbitant campaign costs; to require full public disclosure of campaign contributions received, the names and address of con- tributors to such campaigns, and the purpose and amounts of expenditures in political campaigns in municipal elections; and to provide full and fair enforcement - of all the provisions of this ordinance. In seeking to establish such realistic limitations on campaign costs , it is the intent of the City Council to promctte a broader and more open participation by all citizens in the electoral process and it is in no way intended that such limitations should act to deprive or restrict any citizen in the exercise of his rights guaranteed under the First and Fourteenth Amendments of the United States Constitution. - 1 - Sec. 1. 606 . Citation. This ordinance may be cited as the Chula Vista Municipal Election Campaign Contribution and Expendi- ture Control Ordinance. I Sec. 1.607 . Definitions. Whenever in this ordinance the following words or phrases are used, they shall mean: - (a) "Person" shall mean any individual, partnership, corporation, association, firm, committee, club or other organization or group of persons however organized. (b) "Election" shall mean any primary, general or special municipal election field in the City of Chula Vista including an initiative , referendum or recall election. (c) "Candidate" shall mean any individual listed on the ballot for nomination for or election to any City office or who has otherwise taken affirmative action to seek nomination or election to public office . (d) "r?easure" shall mean any City Charter amendment or other proposition submitted to a popular vote at an election, whether by initiative, referendum or recall procedure or otherwise , or circulated for purposes of submission to a popular vote at any election, whether or not the proposition qualifies for the ballot. (e) "Committee" shall mean any person or combination of two or more persons acting jointly in behalf of or in � opposition to a candidate for municipal office or to the qualification for the ballot or adoption of one or more measures . (f) "Contribution" shall mean a gift, subscription, loan, advance , deposit, pledge , contract, agreement or promise oP money or anything of value or other obliga- tion, whether or not legally enforceable, made directly or indirectly in aid of or in opposition to the nomina- tion or election of one or more candidates or the quali- fication for the ballot or voter aporoval of one or more measures. The term "contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies and similar fund raising events; a candidate ' s own money or property used on behalf of his candidacy; the granting to a candidate or committee of discounts or rebates not available to the general public; and payments for the services of any person serving as an agent of a candidate or committee, when such payments are not made by the candidate or committee or by a person whose expenditures the candidate or committee must report under the terms of this ordinance . The tern "contribution" further includes any transfer, gift, loan, advance, deposit, pledge , contract, agreement or promise of money or anything of value or other obliqation, whether or not legally enforceable, received directly or indirectly by a committee from another committee. The term "con- _ tribution" shall not include non-monetary in-kind � materials or services which are strictly volunteer and which are minimal in nature . - 2 - , ^,r a� � (g) "Expenditure" shall mean a payment, �pledge or promise of payment of money or anything of value or other obligation, whether or not legally enforceable, for goods , materials, services or facilities in aid of , or in opposition to the nomination or election of one or more candidates or the ,qualification for the ballot or adoption of one or more measures. The term "expendi- ture" includes any transfer, payment, gift, loan, advance, deposit, pledge, contract, agreement or promise of money or anything of value or other obligation, whether or not legally enforceable, made directly or indirectly by one committee to another committee. (h) "Campaign statement" shall mean an itemized report, made according to a form prescribed and supplied by the City Clerk, which, when completed and filed, provides the information required in Section 1 . 611 of this ordinance .- (i) "Occupation and principal place of business" shall mean type of work or title, name of employer or employing organization and city of employment or, if self-employed, the type of work or profession and city where self-employed. (j ) "Fair Election Committee" shall mean the officer, agent or organization designated by the City Council to enforce the provisions of this ordinance. Nothing in this ordinance shall be construed as limiting the authority of any law enforcement agency or prose- cuting attorney to enforce the provisions of this ordi- nance under any circumstances where such law enforcement agency or prosecuting attorney otherwise has lawful authority to do so. Sec. 1. 608 . Campaign Treasurer. (a) Each candidate and each committee shall appoint a campaign tre'asurer, to serve at their pleasure. The campaign treasurer shall keep a true and full record of contributions and expenditures , current within not more than seven (7) days after the date of a contribu- tion or of an expenditure, of all contributions , in- cluding the name and address of every contributor, all expenditures , including the name and address of every recipient thereof . He shall also prepare the campaign statements for the candidate or committee in the form and at the times required by this ordinance. A candi- date or committee may appoint as many deputy campaign treasurers, to serve at their pleasure , as they deem desirable. A candidate may appoint himself as his campaign treasurer. (b) Accounts required to be kept by the campaign treasurer under the terms of this ordinance may be inspected at any time by the Fair Election Committee. (c) Accounts kept by the campaign treasurer shall be preserved by him for at least three (3) years after the date of the election for which the accounts are required to be kept under the terms of this ordinance or at least three (3) years after the date of the last supplemental statement filed under Section 1 .610 of this ordinance, whichever -is later. - 3 - r "J' .a' \ . . . ' • ', • . ' � . � - . Sec . 1.609 . Report to Treasurer. All contributions to a candidate or to a person as an agent of a candidate shall be reported promptly to the candidate ' s treasurer or deputy treasurer by the person receiving the contribution. All contributions to a person as an agent of a committee shall be re- ported promptly to the committee' s treasurer or deputy treasurer by the person receiving the contribution. Sec . 1.610 . Campaign Statement - Required. Each candidate and each committee shall file a cam- paign statement during each of the following periods : (a) From the 20th to the 25th day preceding an election in which the candidate is seeking nomination for or election to an office or in connection with which the committee or person has received contribu- tions or made expenditures; (b) From the 7th to the lOth day prececling such election; (c) Within 35 days following such election; and (d) Every six months following such election, so long as a candidate or committee has unpaid obligations , whether legally enforceable or not, still outstanding, has unexpended balances of contributions totaling more than One Hundred Dollars ($100 . 00)', or receives contribu- tions during such period. Sec. 1 . 611. Campaign Statement - Contents, (a) Each campaign statement filed in accordance with the terms of this ordinance shall contain the following information: (1) The cumulative total amount of all contribu- tions and expenditures with respect to an election or elections held during the calendar year in which the statement is required to be filed, including but not limited to contributions and expenditures in aid of or in opposition to candidates or mea- sures before they qualify for the ballot, contri- butions and expenditures following the election, and contributions and expenditures in the year . preceding the calendar year in which the election or elections are held; (2) The full name, complete mailing address , occu- pation and principal place of business, if any, of any person from whom a contribution or contributions have been received, together with the total amount contributed by each such person; (3) The name , which in the case of an individual shall consist of the full name , complete mailing address , occupation and principal place of business of each person to whom an expenditure or expendi- tures have been made , together with the total amount paid to such person and a brief description of the goods, services or facilities provided in consider- ation thereof; as� - 4 - , . (4) The cumulative total amount of all expenditures for each candidate or measure supported or opposed for each election during the calendar year with respect to which 'expenditures have been made; and (5) The full names, complete mailing addresses, occupation and principal place of business of the candidate and his campaign treasurer if filed by a candidate , and the fu11 name and address of the committee and "the full name, complete mailing address, occupation and principal place of business of the committee ' s treasurer, if filed by a committee. (b) Where goods , materials , services , facilities or anything of value other than money is contributed or expended, the monetary value thereof shall be the fair market value; provided, however, it shall not be neces- sary to establish a monetary value for truly volunteer activities and the supplying of insignificant goods , materials , services and facilities of a de minimus nature , e .g.-, coffee and cake, and fhe use of private homes on behalf of a candidate would generally not be subject to these requirements . (c) Campaign statements shall include all information which is required by this section, but which has not been reported previously, for contributions and expenditures up to no morelthan three (3) days prior to the date of filing. Sec. 1 .612 . Campaign Statement - Verification. Each campaign statement shall be verified by the cam- paign treasurer by oath or affirmation made before any officer authorized to administer oaths. The verification shall state that the campaign treasurer has used all reasonable diligence in its preparation and that, to his knowledge , it is true and complete. The candidate shall verify by oath or affirmation made before any officer authorized to administer oaths that he has read his own campaign statement and the campaign statement of each committee subject to his control and that the statements are true and complete as far as his knowledge is concerned. Sec . 1 . 613. Campaign Statement - Filing. Two (2) copies of each campaign statement required to be filed by this ordinance shall be filed with the City Clerk, at her office, during regular business hours. Sec. 1.614 . Campaign Statement - Filing Fee. No fee or charge shall be collected by the City Clerk for the filing of any campaign statement, or for the forms upon which the statements are to be filed. - 5 - �� �S Sec. 1. 615. Campaign Statement - Exceptions Declaration. A candidate is not required to file a campaign state- ment if neither the contributions received nor the ex- penditures made on behalf of his campaign exceed Two Hundred Dollars ($200 . 00) . However, such a candidate shall file with the City Clerk a written declaration under oath between the 20th day and the 25th day pre- ceding the election to the effect that neither his campaign contributions nor expenditures have exceeded Two Hundred Dollars ($200. 00) . If contributions re- ceived or expenditures made thereafter exceed a sum total of Two Hundred Dollars ($200. 00) including those received prior to .the 20th day before the election, the candidate shall subsequently file cam- paign statements at the times required by this ordi- nance. In the event total contributions do not exceed Two Hundred Dollars ($200 . 00) , the candidate shall file a verified declaration stating same from the 7th to the lOth day prior to the election. Sec. 1 . 616. Campaign Statement - Public Inspection and Copymaking. Campaign statements are to be open for public inspec- tion and reproduction during regular City business hours and from 10 : 00 a.m. to 6 : 00 p.m. on the Saturday preceding an election, at the Chula Vista Public Library. Copies of statements or parts of statements shall be provided by the City Clerk at a price esta- blished in accordance with the fee schedule for docu- ments from the City Clerk' s office as provided by this Code. Sec. 1 .617 . Campaign Statement - Retention. Every campaign statement shall be preserved by the City Clerk for at least six (6) years from the date upon which it was required to be filed under the terms of this ordinance . ' Sec. 1 .618 . Assumed Name Contributors . 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 contribu- tion in his or its name of- anything belonging to another person or received from another person on the condition that it be used as a contribution. Sec. 1.619 . Campaign Contributions - Limitations . (a) No person other than a candidate shall make , and no campaign treasurer shall solicit or accept , any con- tribution that will cause the total amount contributed by such person with respect to a single election in - 6 - , r� �5 support of such candidate or in support of or opposition to a measure , including contributions to political com- mittees supporting such candidate or supporting or opposing such measure , to exceed Two Hundred Fifty Dollars ($250. 00) . (b) No candidate shall make any contribution that will cause the total amount contributed by him to his campaign treasurer and all political committees supporting him to exceed, with 'respect to a single election, five (5) times the limit specified in paragarph (a) of this section. (c) If any person is found guilty of violating the terms of this section, each campaign treasurer who received part or all of the contribution or contribu- tions which constitute the violation shall pay the amount received from such person to the Director of Finance, who shall place said monies in a� special fund to be used to defray election costs of the next general municipal election. Sec . 1. 620 . Corporate and Business Contributions . (a) No corporation, partnership or other business entity shall pay or contribute, or offer, consent, or agree to pay or contribute , directly or indirectly, any money, property, free service of its officers or employees , or other thing of value to any candidate , committee or campaign treasurer, or to any person for the purpose of influencing an election. (b) No officer, partner, employee, agent or attorney or other representative of a corporation, partnership or other business entity shall aid, abet, advise or participate in a violation of this section. (c) No person shall knowingly accept a pavment or contribution made in violation of this section. (d) If a campaign treasurer is offered or receives a payment or contribution made in violation of this section, within five (5) days he shall report in writing to the Fair Election Committee the facts surrounding such payment or contribution. Any such payment or contribution received shall be paid to the Director of Finance, who shall cause such money to be placed in the special election fund to be used for the purpose set forth in Section 1 .619 , and shall not be used to benefit any candidate or committee. Sec. 1. 621. Anonymous Contributions. Total anonymous contributions to a candidate or committee which exceed in the aggregate Fifty Dollars ($50 .00) with respect -to a single election shall not be used by the candidate or committee for shom it was intended to the extent that total anonymous contribu- tions exceed Fifty Dollars ($50 . 00) and the excess shall be paid� promptly to the Director of Finance to be handled in accordance with Section 1 .619 : - 7 - ;� �� . . , ; . Sec. 1 .622 . Contributions by City Contractors . (a) No person who contracts with the City either for the rendition of personal services or for the furnishing of any material, supplies or equipment to the City or for selling any land or building to the City, directly or indirectly shall make any contribution to a candidate or committee at any time between the commencement of negotiations for and either (1) ttie completion of per- formance under, or (2) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land or buildings , which ever occurs later. (b) No candidate , agent for a candidate , committee or agent for a committee shall knowingly solicit any contribution from any .person prohibited by paragraph (a) of this section from making such a contricution. Sec. 1. 623 . Campaign Expenditures - Limitations . No candidate for nomination or election to a City office shall incur aggregate campaign expenses to fur- ther the election or nomination of such candidate, in- cluding expenses incurred by persons or organizations subject to his control , in excess of the following amounts multiplied by the number of registered voters in the City as certified by the Registrar of Voters of the County of San Diego twenty-five (25) days prior to any municipal election: Incumbent Officeholders For Mayor - ten cents ($0 . 10) For City Councilman - ten cents ($0 . 10) Non-Incumbent Officeseekers For Mayor - twelve cents ($0 . 12) For City Councilman - twelve cents ($0 . 12) Sec. 1 ,624 . Campaign Expenditures - Uncontrolled by Candidate or Committee . Persons or organizations not subject to the control of a candidate but who make expenditures on his behalf shall indicate clearly. on any material published, dis- played or broadcast that it was not authorized by the candidate , when such expenditures in whole or part would have been covered by the limitations of this ordinance if they were subject to the control of the candidate. Such persons or organizations shall comply with all filing requirements imposed upon candidates and committees by this ordinance. Further, no person or organization making unauthorized' expenditures on behalf of or in opposition to a candidate , who is un- controlled by the candidate or his committee , may expend more than Two Hundred Fifty Dollars ($250. 00) in any single election. In the case of contributions and expenditures for or against measures placed upon the ballot, unauthorized contributions or expenditures - 8 - ;� �� shall similarly be limited to the sum of Two Hundred Fifty Dollars ($250. 00) . If, at any of the required reporting periods prior to the election, the amount of uncontrolled expendi- tures reported exceeds one-quarter (1/4) of the total amount authorized for expenditure pursuant to this ordinance by any candidate or committee, such excess amounts expended on behalf of or in opposition to any candidate or measure shall be deemed to be a part of the authorized contributions and expenditures and shall constitute a portion of said total authorized amounts . The City Clerk shall forthwith upon receipt of campaign statements from uncontrolled persons or organizations notify the appropriate candidate or committee of the expenditures in excess of the amount set forth herein and said candidate or committee shall take such necessary and .appropriate action to conform to the requirements of Section 1, 619 of this ordinance. Sec. 1 .625. Campaign Expenditures - Record of Expenditures. Each campaign treasurer shall maintain detailed and complete records of expenditures incurred which are subject to the provisions of this ordinance. Such records shall be furnished to the City Clerk, any peace officer or to the Fair Election Committee at any time upon request. The Director of Finance or the Fair Election Committee or both shall have the autHority and responsibility of auditing campaign records and statements. Sec. 1 .626 . Advertising Rates, Services Fees and Charges and Television Programing. (a) At some time during the 14 days preceding any election, 'the City' s franchise cable television company shall provide at no charge a period of not more than two (2) hours during prime viewing time on the cable channel , which shall be a forum open to all candidates or members of committees pro and con on any measure to be voted on. It shall be the obligation of the Fair Election Committee to allocate equal time during said cable television broadcast to all candidates and all committees representing any measures on the ballot. (b) To the extent that any person sells space in any newspaper or magazine to a candidate or committee or performs other services in connection with the cam- paign of the candidate or for or against a measure, the charges made for the use of such space shall not exceed the charges normally made for comparable use of such space or the performance of services for other purposes. - 9 - �� � a� Sec. 1 .627 . Campai�n Expenditures Received by Communications Media - Statement P.equired. Each newspaper, periodical, broadcasting station, direct mailing company, printer and advertising agency which accepts expenditures from a candidate, committee or campaign treasurer shall , not more than ten (10) days and not less than seven (7) days before an election, and again not more than thirty (30) days after an election, file with the City Clerk a statement listing the amounts paid and obligations incurred by each candidate, polit- ical committee or political treasurer with respect to such election. Such statement shall be signed and verified under oath as true and correct. Sec. 1. 628 . Duties of City Clerk. The City Clerk shall: (a) Prescribe and supply appropriate forms for campaign statements and declarations required by this ordinance. These forms shall be furnished to all candidates and committees, and to all other persons required to report. (b) Prepare and publish written instructions ex- plaining the duties of persons and committees under this ordinance . (c) Determine whether required statements and declarations have been filed with her office and, if so, whether they conform on their face with the re- quirements of this ordinance. (d) Notify promptly all persons and committees known to her who have failed to file a statement in the form and at the time required by this ordinance. (e) Report apparent violations of this ordinance to the Fair Election Committee. (f) Compile and maintain a current list of all statements or parts of statements filed with her office pertaining to each candidate and each measure. (g) Cooperate with the Fair Election Committee in the performance of the duties of the Fair Election Committee as prescribed in this ordinance. Sec. 1 .629 . Fair Election Committee; Created Duties . There is hereby created a Fair Election Committee consisting of five (5) members who shall be appointed by the Mayor subject to ratification of the City Council at or about the time the City Council may call any" gen- eral or special municipal election. Said committee shall serve for six (6) months following any such election. The Committee shall select one of its members as chair- - man fhereof who shall be responsible for calling the Committee together in order to carry out the duties set forth herein. S3' - 10 - �a The Fair Election Committee shall: (a) Enforce the provisions of this ordinance. (b) Cooperate with the City Clerk in preparing the design and content of appropriate forms for campaign statements and declarations required by this ordinance. (c) Cooperate with the City Clerk in the prepa- ration and publication of written instructions ex- plaining the duties of persons and committees under this ordinance. (d) Determine whether required statements and declarations have been filed as required and, if so, whether they conform with the requirements of this ordinance. (e) The Fair Election Committee shall exercise extreme discretion in order to prevent unsubstantiated politically motivated charges from being publicly aired prior to an election. The Committee shall be subject to the same requirements and the filing of charges as the Board of Ethics is presently obligated. All charges must be in writing and signed, and no anonymous charges will be investigated as provided herein. Sec. 1 .630 . Fair Election Committee - Complaints, Legal Action, Investigatory Powers . Any person who believes that a violation of any por- tion of this ordinance had occurred may file a complaint with the Fair Election Committee. If the Fair Election Committee determines that there is reason to believe a violation of this ordinance has occurred, it shall make an investigation. Whenever the Fair Election Committee has reason to believe a willful violation of this ordi- nance has occurred or is about to occur, it shall in- stitute such legal action .as it deems necessary to prevent further violations of the act. The Fair Election Committee shall have such inves- tigative powers as are necessary for the performance of the duties prescribed in this ordinance and may, under the terms of Section 1 . 625 of this ordinance, demand, and be furnished records of campaign contri- butions and expenses at any time . The power to investigate allegations of violations of this ordinance shall not be exclusively delegated to the Fair Election Committee , but may also be undertaken by the office of the District Attorney of San Diego County. All prose- cution to be undertaken as a result of investigation of alleged complaints shall be pursued by said office as well and the City Attorney of the City of Chula Vista will have no duties and powers relative to the enforcement of this ordinance. Sec. 1.631 . Penalties. Any person who violates any of the provisions of this ordinance is guilty of- a misdemeanor. In addition to any other penalty provided by law, any wiTlful or knowing failure to report contributions which have been made as required by this ordinance shall be punishable by a fine of not less than one half the amount involved in such violation or Five Hundred Dollars ($500 .00) , I whichever is less. ,y -� / - �� Sec. 1 . 632 . Effect of Violation on Outcome of Election. The nomination for, or election to, office of any candidate who willful�ly or knowingly violates a pro- vision of this ordinance , or whose campaign treasurer or deputy campaign treasurer violates a provision of this ordinance with such candidate ' s knowledge , shall be voided. Sec. 1 . 633 . Effect of Violation on Certification of Election Results . The City Clerk shall not issue any certificate of nomination or election to any candidate until his cam- paign statements required in Section 1. 610, or, if no campaign statement is required, the written declaration required in Section 1. 615 have been filed in the form and at the place reguired by this ordinance. The City Council shall not adopt a resolution declaring any candidate to be nominated or elected until such state- ments or declaration has been filed in the form and at the place required in this ordinance. Sec . 1 . 634 . Rules of Construction . This ordinance shall be liberally construed in order to effectuate its purposes and no error, irregularity, informality and no neglect or omission of any officer in any procedure taken under this ordinance which does not directly affect the jurisdiction of the Council or the City to control campaign contributions and expen- ditures shall avoid the effect of this ordinance . Sec . 1 . 635 . Severability. If any provision of this ordinance, or the applica- tion thereof to any person or circumstance, is held invalid, the validity of the remainder of the ordinance and the applicability of such provisions to other persons and circumstances shall not be affected thereby. SECTION ZI : This ordinance shall take effect and be in full force on the thirty-first day from and after its approval and shall remain in fu11 force and effect to and until the 30th day of June , 1974 at which time said ordinance shall be repealed by opera- tion of law unless the City Council shall have taken contrary action to reinstate or amend the ordinance. Presented by Approved as to form by �'%2� �z��%�_�L�G� IX� ��--�'",��L--_�C�l�-f/�-'- / v `� %�./.� �� i George D. Lindberg, City Attorney George D. Lindberg, City Attor ey � - 12 - �S � ADOPTED AND APPROVED BY THE CITY COUNCIL. OF. THE CITY OF CHULA VISTA, CALIFORNIA, this lOth day of April � 1973 , by the following vote , to-wit : AYES : CounC�.km2n Scott, Hamilton, Hyde, Egdahl NAYES : Counc�kmen Hobel ABSENT : CounC-i.Cmett . None P a o n o S e .c y o u a .c a ATTEST � � c.�xy enh � STATE OF CALZFORIQIA ) COUNTY OF SAN DIEGO ) ss. CITY OF..CHULA VISTA ) I , JENNIE PA> FULASZ , C�..ty C2e�.h a6 �tlie C�..ty o6 Chu2a V�:hta , Ca.C�.bann�.a, DU HEREBY CER7IFY .tha.t .the abave and bon.ego�ng �,� a bu2k, .tnue and cohnec.t copy o� and ,tha.t .the eame haa no.t� been amended an nepea.�ed. DATED: .c.ty enh �Sy