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ORDINANCE OF THE CITY OF CHULA VISTA ADDII�'G
SECTION 2.52.12� OF THE CHULA VISTA MiJN]CIPAL
CODE RELATII�G TO ELECTRONIC AND PAPERLESS
FILII�TG OF FAIR POLITICAL PRACTICES COMMISSIOI�'
CAI�4PAIGN DISCLOSURE STATEMENTS
V1'HEREAS. public access to campaign and Statement of Economic Interest disclosure
information is an integrai component of a fullv informed electorate, and transparency is critical
in order to maintain public trust and support of the political process; and
Vl'HEREAS. since the enactment of the Political Reform Act, candidates and committees
have complied w-ith filin2 requirements by filing paper copies of campaign statements and
repons; and
�1'HEREAS. the Cit�� Clerk is the Local Filina Officer for the Fair Political Practices
Commission disclosure statements and is responsible for recei��ine, revie��ne, and makino
available campaign disclosure statements; and
l�'HEREAS. implementation of electronic filing of Fair Political Practices Commission
campaien disclosure statements helps the Cit�� reach its goal of operational excellence b��
allo���in2 campaien disclosure statements to be filed elecvonicall}�, and realizes the Ciri�`s
initiative of fostering public trust through an open and ethical eovemment b�� mal:ine those
statements immediatel}� available to the public: and y
WHEREAS, the elimination of manual processing of filings through electronic filing
requirements will consen�e resources and ensure the public has access to the information
disclosed in campaign statements; and
WHEREAS. the Cit�� Clerk has identified a web-based svstem that ���ill allow electronic
filing_ in compliance �;�ith Califomia Go��emment Code section 8461� and has been appro��ed b��
the Secretar�� of State for the electronic filins of campaien disclosure statements; and
WHEREAS. the City Council of the Ciri� of Chula Vista finds and determines as folloN�s:
A. That Califomia Govemment Code section 8461� provides that a legislative bod}�
of a local go��emment agency mati� adopt an ordinance that requires an elected officer, candidate,
committee, or other person required to file statements, reports, or other documents required by
Chapter 4 oF the Political Reform Act to file such statements, reports or other documents online
or electronicallti� ��ith the City Clerk; and
B. The City Council eapressl� finds and determines that the Cit�� Clerk's web-based
system has been approved by the Secretarv of State for the electronic filing of campai�n
disdosure statements: and that the sofrware contains multiple safeeuazds to protect the integritv
and securitv of the data, will operate securely and effectively, and ��ill not unduly burden filers;
and
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C. The Cit}� Clerk will operate the electronic filing system in compliance v��ith the
requirements of Califomia Go��ernment Code section 84615, as may be amended from time to
time, and any other applicable laws.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain
that:
Section I. Section 2.52.125 is hereby added to the Chula Vista Municipal Code as
follows:
2.52.125 Electronic Filing of Campaign Disclosure Statements
A. General.
l. Any elected officer, candidate, committee, or other person required to file
statements, reports or other documents ("Statements") as required by Chapter 4 of
the Political Reform Act (California Government Code section 84100; ei seg.)
("Filers') may file such Statements using the City Clerks online system
according to procedures established by the City Clerk (the "Procedures"). This
online filing requirement shall become mandatory beginning July 1, 2017.
2. The City Clerk shall have the authority to establish and amend the
Procedures, as necessary; to accomplish the following:
a. ensure that the online system complies with the requirements set foRh in
Section 84615 of the Government Code, as may be amended from time to time;
b. meet the purpose and intent of this ordinance and comply with other
applicable law�;
c. ensure tfie integrity of the data transmitted and include safeguards
against efforts to tamper with, manipulate, alter, or subvert the data.
3. Online filings made under this Chapter will only be accepted if made in
the standardized record format that is developed by the California Secretary of
State pursuant to Section 84602(a)(2) of the California Government Code, as may
be amended from time to time, and that is compatible with the Secretary of State's
system for receiving an online or electronic filing.
B. Procedures for Utilizing Online Filing.
l. During the period commencing with the effective date of this ordinance
and ending June 30, 2017, Filers may choose to opt-in to the electronic filing
system by electronically filing a�Statement that is required to be filed with the
City Clerk pursuant to Chapter 4 of the Political Reform Act. Once a Filer has
opted-in, all subsequent Statements by that Filer shall be filed electronically. A
Filer may opt-out of the electronic filing system by filing an original Statement in
paper format with the City Clerk. Once a Filer has opted-out, the Filer shall file
all original Statements in paper format with the City Clerk. From and afrer July 1,
20U; electronic filing is mandatory for all Filers, unless the Filer is exempt under
California Government Code 84615, as may be amended from time to time. A
Filer so exempt may continue to opt-in or opt-out as described in this section.
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2. Anv Filer Hho has electronicallv filed a statement usine the Ciri� Clerk's
online svstem is not required to file a cop}� of that document in paper format H�ith
the Citv Clerk.
Section II. Se��erabilit��
If an}� ponion of this Ordinance, or its application to an�� person or circumstance, is for
an�� reason held to be in��alid. unenforceable or unconstitutional; bv a court of competent
jurisdiction, that portion shall be deemed se��erable, and such invalidih�. unenforceabilit�� or
unconstitutionalin� shall not affect the validit}� or enforceabilit�� of the remaining portions of the
Ordinance, or its application to an�� other person or circumstance. The City Council of the Cit�� of
Chula Vista hereb}� declares that it would ha��e adopted each section; sentence, dause or phrase
of this Ordinance, irrespective of the fact that anv one or more other sections, sentences, clauses
or phrases of the Ordinance be declazed invalid. unenforceable or unconstitutionai.
Section III. Construction
The Cit}� Council of the Cin� of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal la�v and this Ordinance shall be construed in
liaht of that intent.
Section N. Effective Date
This Ordinance shall tal:e effect and be in force on the thirtieth da}� afrer its final passaee.
Section V. Publication
The Cit}� Clerk shall cenif� to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to la��=.
Presented b}� Approved as to form b��
�
a � /1/9.4� � ��
Donna R. Norris � � Glen R.Gooeinsr \
Citv Clerk Citv Attornev �
,I
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PASSED, APPROVED, and ADOPTED b�� the City Counci] of the City of Chula Vista,
Califomia, this 3rd day ofNovember 2015; by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann and Miesen
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
Cd�
Mary S s, Mayor
ATTEST:
I
. � �,U�
Donna R. Norris, CMC, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 335� had its first reading at a regulaz meeting held on the 27th day of October
2015 and its second reading and adoption at a regular meeting of said City Council held on the
3rd day of No��ember 2015; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
� I /5 �,�a � �C/VO.4��
Dated Donna R. Norris, CMC, City Clerk