HomeMy WebLinkAbout2007/03/20 Item 7
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CITY OF
CHUlA VISTA
March 9, 2007
TO:
Lorraine Bennett, Deputy City Clerk
FROM:
Jennifer Quijano, Constituent Services Manager
RE:
Board of Appeals & Advisors
Mayor Cox would like to recommend Ben West for appointment to the Board of Appeals
& Advisors.
Please place on the March 20, 2007 council agenda for ratification,
Thank you.
cc:
Mayor Cox
Dan Forster
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
CITY OF 619.691.5044 - 619.476.5379 Fax
CHUlA VISTA
MEMO
March 9, 2007
TO:
Lorraine Bennett, Deputy City Clerk
FROM:
Jennifer Quijano, Constituent Services Manager
RE:
Child Care Commission
Mayor Cox would like to recommend Anna Maria Godinez for appointment to the Child
Care Commission.
Please place on the March 20, 2007 council agenda for ratification.
Thank you.
cc: Mayor Cox
Dan Forster
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CITY OF
CHUlA VISfA
March 12, 2007
TO:
Lorraine Bennett, Deputy City Clerk
FROM:
Jennifer Quijano, Constituent Services Manager
RE:
Charter Review Commission
Mayor Cox would like to recommend Ron Kelley for appointment to the Charter Review
Commission.
Please place on the March 20, 2007 council agenda for ratification.
Thank you.
cc: Mayor Cox
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CllY OF
CHUlA VISTA
OFFICE OFTHE CITY ATTORNEY
MEMORANDUM
TO:
Honorable Mayor Cox
Elizabeth Wagner Hull, Assistant City Attorney a.o~
FROM:
VIA:
Ann Moore, City Attorney y,M
SUBJECT:
Campaign Contribution Ordinance
DATE:
March 14,2007
In light of the recent election, you have indicated a desire to review the implementation
of the Campaign Contribution Ordinance adopted in February 2004. The November 2006
election was the first election cycle since the adoption of the revised ordinance. During
the course of the election members of the community and candidates have raised a
number of questions and issues regarding the implementation of the ordinance.
Attached please find the following documents:
I. The adopted Campaign Contribution Ordinance (Municipal Code
section 2.52).
2. December 22,2003 letter from Mr. John Moot, Esq., Chair of the
2003 Campaign Contribution Ordinance Committee, regarding the
proposed 2004 revisions to the ordinance.
3. The staff report from the February 17,2004, meeting where the
Council placed the revised ordinance on first reading.
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If I can provide additional information please let me know.
J :\AttorneylEHulllMemoslCox Campaign Contribs Ord 031307.doc
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276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823
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Chula Vista Municipal Code
2.52.030
Sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.050
2.52.060
2.52.070
2.52.080
2.52.090
2.52.100
2.52.11 0
2.52.120
2.52.130
2.52.140
2.52.150
2.52.160
2.52.170
2.52.180
2.52.190
Chapter 2.52
CAMPAIGN CONTRmUTIONS*
Purpose and intent.
Interpretation of this chapter.
Definitions.
Campaign contributions.
Surplus campaign funds.
Organizational contributions.
Contribution in violation of this
chapter.
Written solicitations by caudidates.
Loans.
Notice regarding personal funds.
Family contributions.
Prohibition of contribution in the
name of another individual.
Contributions for legal defense.
Campaign contribution checking
account.
Campaign statements.
Duties of city clerk.
Enforcement.
Penalties.
Severability .
· Prior legislation: Ords. 2298, 2334, 2391, 2434, 2581,
2654,2661,2769 and 2849.
2.52.010 Purpose and intent.
In enacting this chapter, the city council finds
and declares that moderate monetary contributions
to political campaigns are a legitimate form of par-
ticipation in the American political process. It is
the policy of this city to protect the integrity of the
electoral process, and the best interests of the citi-
zens of this city are served by regulating campaign
finance.
Inherent in the high cost of election campaign-
ing is the problem of improper influence, real or
potential, exercised by campaign contributors over
elected officials. It is the purpose and intent of the
city council in enacting this chapter:
A. To preserve an orderly political forum in
which individuals may express themselves effec-
tively;
B. To place realistic and enforceable limits on
the amounts of money that may be contributed to
political campaigns in city elections;
C. To prohibit contributions by organizations
and permit individual contributions only;
ryD-;),
D. To provide full and fair enforcement of all
the provisions of this chapter; and
E. To encourage candidate adherence to elec-
tion regulations by making them easier to under-
stand. (Ord. 2955 ~ 1,2004).
2.52.020 Interpretation of this chapter.
The terms and phrases in this chapter shall be
defined as those terms and phrases are defined in
the Political Reform Act of 1974, as amended
(Government Code, Section 81000 et seq.), unless
otherwise specified in this chapter. (Ord. 2955 ~ I,
2004).
2.52.030 Definitions.
A. "Agent" means a person who acts on behalf
or at behest of any other person or accepts a contri-
bution on behalf of a candidate. If an individual
acting as an agent is also acting as an employee or
member of a law, architectural, engineering or con-
sulting firm, or a similar entity or corporation, both
the entity or corporation and the individual are
"'agents. ..
B. "At the behest" means made under the con-
trol or at the direction of, in cooperation, consulta-
tion, coordination, or concert with, at the request or
suggestion of, or with the express prior consent of.
e. "Candidate" means any individual seeking
any city elective office, the candidate's campaign
co=ittee, committee(s) controlled by the candi-
date, agents of the candidate.
D. "City campaign statement" means the state-
ment which, to the extent practicable, shall be sim-
ilar to or consolidated with that required by state
law.
E. "City elective office" means the offices held
by members of the city council and mayor.
F. "Contributions" are defined in a manner
identical with the definition found in Gove=ent
Code Section 82015 and any related provisions in
the California Code of Regulations.
G. "Enforcement authority" means that special
counsel appointed by the city council pursuant to
CVMC 2.52.170.
H. "General election" is that election identified
by Charter Section 900 which is combined with the
state primary election.
1. "Independent expenditure co=ittee" is as
defined in Government Code Sections 82013 and
82031 which supports or opposes in whole or in
part a candidate for city elective office if contribu-
tions are made to said committee with the intent
that they, or a comparable amount of funds other-
wise owned by, or under the control of, the com-
~_77
2.52.040
mittee be used to support or oppose a particular
candidate for a city elective office. This type of
committee is not controlled by the candidate.
J. "Intermediary" means a person who delivers
to a candidate or committee or committee treasurer
a contribution from another person nnless such
contribution is from the person's employer, imme-
diate family or an association to which the person
belongs. Neither candidate or treasurer is consid-
ered an intermediary.
K. "Organization" means a proprietorship,
labor union, finn, partnership, joint venture, syndi-
cate, business, trust, company, corporation, associ-
ation, or committee, including a political action
committee.
L. "Person" means a natural individnal.
M. "Single election contest" means either a
general or special election.
N. "Special election" defined in Charter Sec-
tion 901, as all other municipal elections that may
be held by authority of the Charter or of any law.
(Ord. 2955 ~ 1,2004).
2.52.040 Campaign contributions.
A. No person, other than a candidate, shall
make a contribution in excess of $300.00 to a can-
didate for a single election contest. No candidate
shall solicit or accept a contribution in excess of
$300.00 from a contributor for a single election
contest. A candidate may receive up to $300.00
from a contributor in each of the general and spe-
cial elections.
B. The terms of this chapter are applicable to
any contributions made to a candidate or commit-
tee hereunder, whether used by such candidate or
committee to fmance a current campaign or to pay
debts incurred in prior campaigns.
C. No person shall make a contribution to any
candidate for city elective offices and no such can-
didate shall accept from any person such a contri-
bution sooner than 11 months preceding a single
election contest.
D. A contribution for an election may be
accepted by a candidate for elective city office
after the date of the election only to the extent that
the contribution does not exceed net debts out-
standing from the election, and the contribution
does not otherwise exceed the applicable contribu-
tion limit for that election.
E. A candidate for city elective office may not
solicit or accept contributions for a special election
prior to the holding of the general election for that
office. A candidate for city elective office may
carry over contributions raised in connection with
one election for elective city office to pay cam-
paign expenditures incurred in connection with a
subsequent election for the same elective city
office. (Ord. 2955 ~ 1,2004).
2.52.050 Surplus campaign funds.
A. Upon leaving any elected office, or at the
end of the post-election reporting period following
the defeat of a candidate for elective office, which-
ever occurs last, campaign funds under the control
of a candidate shall be considered surplus cam-
paign funds.
1-0- j
Chula Vista Municipal Code
2.52090
B. Surplus campaign funds shall be used only
for the following purposes:
I. To repay contributions.
2. To make a donation to any bona fide char-
itable, educational, civic, religious, or nonprofit
organization, where no substantial part of the pro-
ceeds will have a material financial effect on the
candidate, any member of his or her immediate
family, or his or her campaign treasurer.
3. To pay for professional services reason-
ably required by the candidate or committee to
assist in the performance of its administrative func-
tions, including payment for attorney's fees for lit-
igation that arises directly out of a candidate's
activities or his or her status as a candidate, includ-
ing, but not limited to, an action to enjoin defama-
tion, defense of an action brought of a violation of
state or local campaign, disclosure, or election
laws, and an action from an election contest or
recount. (Ord. 2955 9 1,2004).
2;52.060 Organizational contributions.
. A. No organization shall make a contribution to
any candidate or candidate campaign committee.
This chapter shall not apply to contributions made
to a committee which is organized solely for the
purpose of supporting or opposing the qualification
for the ballot or adoption of one or more city mea-
sures.
B. No officer, employee, agent or attorney or
other representative of a person covered by this
chapter shall aid, abet, advise or participate in a
violation of this chapter. All contributions made by
a person whose contribution activity is financed,
maintained or controlled by an organization or any
other person shall be deemed to be made by that
organization or other person. If the contribution is
deemed made by an organization, it is prohibited.
C. No candidate shall knowingly accept a pay-
ment or contribution made in violation of this
chapter. (Ord. 2955 9 I, 2004).
C. A contribution shall not be considered to be
received if it has not been negotiated, deposited, or
utilized, and is returned to the donor within three
business days of discovery of receipt. (Ord. 2955 9
I, 2004).
2.52.080 Written solicitations by candidates.
Any candidate making a written solicitation for
a contribution for his or her campaign for city elec-
tive office shall include the following written
notice in no less than six point type on each such
solicitation:
NOTICE
Ordinance No. 2955 of the City of Chula
Vista limits contributions to campaigns for
City elective office, either to candidate
controlled committees orto regulated inde-
pendent expenditure committees, to three
hundred dollars per contributor.
(Ord. 2955 9 I, 2004).
2.52.090 Loans.
A. A loan or extension of credit shall be consid-
ered a contribution from the maker of the loan or
extender of credit and shall be subject to the contri-
bution limitations of this chapter.
B. The provisions of this chapter apply to per-
sonalloans or extensions of credit, but do not apply
to loans made to a candidate by a commercial lend-
ing institution in the lender's regular course of
business on terms available to members of the gen-
eral public for which the candidate is personally
liable,
C, A candidate for elective city office may not
personally loan to his or her campaign an amount
in excess of $20,000.
D. Each opponent of a candidate who has made
a loan to his or her campaign pursuant to this sec-
tion shall be permitted to solicit and receive, and
contributors to such opponent may make, contribu-
2.52.070 Contribntion in violation of this tions in excess of the limits contained in CVMC
chapter. 2.52,040. The limitation contained in CVMC
A. If a contribution is tendered and would be in 2.52.040 shall be suspended from the date candi-
violation of this chapter, it shall be returned within date made said loan so that the opponent may
three business days of discovery. receive contributions in excess of the limitation up
B. Ifa contribution which is in violation of this to the amount loaned by the candidate. Those con-
chapter is received by a candidate, the candidate tributions received within or in excess of the limi-
shall report in writing within three business days of tation shall count toward equaling the amount
discovery of the receipt of the contribution to the loaned.
city clerk the facts surrounding such contribution E. Each opponent of a candidate or other person
and shall return such contribution to the contributor who has given notice pursuant to CVMC 2.52.100
within 24 hours of discovery. shall not be bound by the loan limitation within this
q i)... Y.
2.52.100
section to the extent the amount of personal funds
expended or contributed exceeds $20,000. (Ord.
2955 ~ 1,2004).
2.52.100 Notice regarding personal funds.
A. No candidate or other persou shall expend or
coutribute more than $5,000 in persoual funds in
connection with an election campaign unless and
until the following conditions are met:
1. Written notice of the candidate's or other
persou's inteut to so expeud or contribute in excess
of$5,000 shaH be provided to the city clerk and all
opponent candidates. The notice shall be delivered
personaHy or sent by registered mail to the last
known address of the opponent candidates as
shown in the records of the city clerk and shall
specifY the amount intended to be expended or
contributed; and
2. All personal funds to be expended or con-
tributed by the candidate shaH first be deposited in
the candidate's campaign contribution checking
account. The required notice shall be given no later
than 21 days prior to the election. If the expendi-
ture or contribution occurs during the 21 days pre-
ceding the election, the required notice shaH be
provided within 24 hours.
E. Each opponent of any candidate who has
complied with the above conditions shall be per-
mitted to solicit and receive, and contributors to
each such opponent may make, contributions in
excess of the limits established in CVMC
2.52.040(A). The limitation contained in CYMC
2.52.040 shall be suspended from the date candi-
date deposited said funds so that the opponent may
receive contributions in excess of the limitation up
to the amount of personal funds deposited by the
candidate in his or her campaign contribution
checking account. Those contributions received
within orin excess of the limitation shaH count
toward equaling the amount of personal funds
deposited by the candidate in his or her campaign
contribution checking account. (Ord. 2955 ~ I,
2004).
2.52.110 Family contributions.
Contributions by a husband and wife shaH be
treated as separate contributions and shall not be
aggregated where the checks are drawn separately
and signed by the spouse making the contribution.
Contributions by a husband and wife shall be
treated as separate even if combined into one check
but presented with two signatures. (Ord. 2955 ~ I,
2004).
2.52.120 Prohibition of contribution in the
name of another individual.
It is unlawful for any individual, or combination
of individuals acting jointly, to make directly or
indirectly a contribution in the name of another
individual or combination of individuals. (Ord.
2955 ~ I, 2004).
2.52.130 Contributions for legal defense.
Notwithstanding anything contained herein to
the contrary, a payment to or for the benefit of a
councilinember and mayor or candidate made and
used for the express purpose of offsetting costs
already incurred by that councilinember and mayor
or candidate in the defense of a criminal or admin-
istrative prosecutorial action against said coun-
cilinember and mayor, and not made or used for the
purpose of aiding in the election of said coun-
cilinember and mayor or candidate, and not made
within (before or after) 100 days of an election in
which the councilmember and mayor or candidate
is competing for a seat or office, shaH not be
deemed to be a contribution for the purposes of this
chapter. (Ord. 2955 ~ 1,2004).
2.52.140 Campaign contribution checking
account.
The campaign account required by Government
Code Section 85201(a) shall be established at a
financial institution located in San Diego County.
(Ord. 2955 ~ I, 2004).
2.52.150 Campaign statements.
Each candidate and committee shall file cam-
paign statements in the time and manner required
by the Political Reform Act of 1974 as amended
(Government Code Section 84100 et seq.). Com-
pliance with the requirements of that Act shaH be
deemed to be compliance with this chapter. (Ord.
2955 ~ 1,2004).
2.52.160 Duties of city clerk.
In addition to other duties required of the city
clerk under the terms of this chapter and city Char-
ter, the clerk shall:
A. Supply appropriate forms and manuals pre-
scribed by the California Fair Political Practices
Commission. These forms and manuals shall be
furnished to aH candidates and committees, and to
all other persons required to report.
B. Determine whether required documents
have been filed and, if so, whether they conform on
their face with the requirements of state law.
i"Jb-5
Chula Vista Municipal Code
2.52. I 90
C. Notify promptly all person and known com-
mittees who have failed to file a document in the
form and at the time required by state law.
D. Report apparent violations of this chapter
and applicable state law to the enforcement author-
ity.
E. Compile and maintain a current list of all
statements or parts of statements filed with the
clerk's office pertaining to each candidate and each
measure.
F. Cooperate with the enforcement authority in
the performance of the duties of the enforcement
authority as prescribed in this chapter and applica-
ble state laws. (Ord. 2955 Ii 1,2004).
2.52.170 Enforcement.
A. The city attorney shall not investigate or
prosecute alleged violations of this chapter, but
shall defend the constitutionality and legality of
this chapter in any civil proceeding in which the
city or the city council is a party.
B. Special counsel shall investigate or prose-
cute alleged violations of this chapter.
C. The city attorney shall solicit proposals from
attorneys in accordance with Section 503 of the
city Charter and Chapter 2.56 CVMC to act as spe-
cial counsel 180 days prior to a city election. As
part of the annual budget process, city council shall
appropriate no less than $ I 00,000 to fund the reten-
tion of special counsel. Said funds shall be separate
from the city attorney's budget and used solely for
the investigation and prosecution of alleged viola-
tions ofthis chapter.
D. The city attorney shall appoint a panel of no
less than three attorneys to act as special counsel.
Said attorneys shall be compensated by the city and
shall serve as the enforcement authority for this
chapter. Should the appointment of additional spe-
cial counsel become necessary or appropriate, the
city attorney shall appoint such additional special
counsel as may be required. A single member of
the special counsel panel will be assigned to each
case. Assignments will be made on a rotating basis.
E. Complaints of violation ofthis chapter shall
be submitted in writing, under penalty of perjury,
by a resident ofthe city to the city clerk. Said com-
plaint shall state the full allegation of facts that
would constitute a violation of the code. The com-
plaint must be filed within 90 days of discovery of
the alleged violation, but no later than 180 days
from the date ofthe election.
F. The city clerk shall forward the complaint to
the randomly assigned special counsel from the
panel of attorneys appointed by the city attorney
ill)-
within five working days of receipt for a probable
cause determination. If no probable cause is deter-
mined to exist the complaint shall be dismissed
summarily and interested parties shall be notified
in writing.
G. If probable cause is determined to exist, spe-
cial counsel shall take further investigatory and
procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued
either through a civil or criminal action at the dis-
cretion of the special counsel. Special counsel may
also commence and prosecute any necessary
administrative proceedings or civil litigation to
compel compliance with this chapter. No enforce-
ment or prosecution or action of special counsel
shall be subject to the review or control of the city
attorney or city council.
I. Special counsel may investigate and may
institute legal action to prevent further violations.
The special counsel may decline to investigate if
the allegation is also a violation of state law and is
the subject of a complaint filed with the fair politi-
cal practices commission.
J. Special counsel shall be immune to liability
for enforcement of chapter. (Ord. 2955 Ii I, 2004).
2.52.180 Penalties.
A. Any person who willfully violates any pro-
vision of this chapter is guilty of a misdemeanor.
Any person who willfully causes or solicits any
other person to violate any provisions of this chap-
ter, or who aids and abets any other person in the
violation of this chapter shall be guilty of a misde-
m€(anor.
B. Any person who intentionally or negligently
violates any provision of this chapter shall be liable
in a civil action brought by special counsel for an
amount not more than three times the amount the
person failed to report properly or unlawfully con-
tributed, expended, gave or received, or $5,000 per
violation, whichever is greater.
In determining the amount ofliability, the court
may take into account the seriousness of the viola-
tion and the degree of culpability of the defendant.
If a judgment is entered, the funds recovered shall
be deposited into the city's general fi.md. (Ord.
2955 Ii I, 2004).
2.52.190 Severability.
If any provision of this chapter, or the applica-
tion of any such provision to any person or circum-
stances, shall be held invalid, the remainder of this
chapter to the extent it can be given effect, or the
application of those provisions to persons or cir-
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2.52.190
curnstances other than those as to which it is held
invalid, shall not be affected thereby, and to this
end the provisions of this chapter are severable.
(Ord. 2955 9 1,2004).
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0.'-/'-2003 II :23am Fr..-SULLIVAN WERT! McDADE & WALLACE
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785 River Rocl<
Chula Vista. CA 91914
(619) 838-6668
December 22, 2003
Hon. M'Iyot <ind City Councilmembers
City of Chula Vista
Ch~la Vista, CA
Dear Honorable Mayor and COlU1Cil:
Over the past few yellN lhe City Council bas raised concerns llbout the City's Cllmpaign
Contribution Or4inllllce ("CCO"). To a4dress those concerns me Cii)' Council appointed a
commin~ comprised of Councilmember Palty Davis, TWO representatives of the Charter Review
Commission, one represenTBtive of the Erbics Commission and myself. Tbe Chan"r Review
Commission .appointed Ch.:ryl Cox lllId Amlida MIatin del Campo lllld the Ethics Commission
appointed Ricardo Gilbert to participate in the comminee On behalf of the rnembt:rs comminee,
thank you for the opponunity to review and suggeST modifications to the CCo.
The corominee has met over the past few months to reView lllId revise: the onlinllnc". DLII'ing
the course of our meetings lUld discussions several recommendations were proposed to simplity i1Ild
clarify the CCO. These recommendations include increasing the contribution limit'lrion to $500 in
th" general and special election "'<Ich; to allow contributions from inc1ivillLlil1s only; to proville a
wai ver of contribution limits for 1llI opponent if a canl\i4are lolUlS or gives himself over $1 0,000; lllId
the retention of special counsel fa review lUld pllNllC alleged violations l,Iftheorllinance_ We believe
the recommended modifications fa The ceo will result in an orclinance that is easier for both
~anJilhtes and those charged with interpreting lUlll etlforcing it to use, while protecting the integrity
ofth" "ketion process.
We believe we have accomplisbt:d what was requested of the committe" and are pleased to
present a c1raft ordinance for YOUr review_
S~
"1-1-
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CAMPAIGN ORDINANCE COMPARISON MATRIX
DEL MAR CHULA VISTA (current) CHULA VISTA (Proposed)
Contribution Limit $50.00 $250 $500
Time Limit for contributions Not Addressed II months prior to election or II months preceding a single
upon holding of election election contest.
becomi~ certain
Loans Not Addressed Subject to contribution limit. Loan subj ect to contribution
Loan from commercial lending limit.
institution not subject to Candidate may not personally
contribution limit loan more than $10,000
Contribution limits suspended
for opponent if candidate makes
- personal loan
Use of Personal Funds Disclosure as required by Can't expend more than $5,000 Contribution limits suspended
Political Reform Act until notice provided and funds for opponent of candidate who
deposited 21 days prior to expends personal funds
election
Enforcement City Attorney does not City Attorney does not City Attorney does not
investigate or prosecute alleged investigate or prosecute investigate or prosecute
violations violations; investigated and violations. Panel of Special
Special Counsel appointed by prosecuted by District Attorney. Counsel are retained and alleged
City Council prosecutes IfDA refuses or fails to pursue violations are investigated and
violations complaint referred to Attorney pursued either criminally or
Resident may bring civil action General; if AG fails or refuses, civily by Special Counsel.
to enjoin violation City Attorney appoints Special
Six month Statue of Limitations. Counsel
Finance Director may perform
investigations or audits of
campaign statements
J:AttomcyfEhull/Campaign Ordinance Comparison Matrix
(t-
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CAMPAIGN ORDINANCE COMPARISON MATRIX
COUNTY OF SAN DIEGO ESCONDIDO HUNTINGTON BEACH
Contribution Limit $500.00 (including all $250.00 $300 per election cycle
contributions to committees $200 per recall election
supporting or opposing such
candidate)
Time Limit for contributions Candidate may raise money for Consistent with Political Reform Election cycle defined as year of
general election prior to primary. Act as may be amended election and two preceding years.
Candidate can only accept funds
after election up to amount of
debt.
Loans Candidate may not loan $20,000 personal loan limit per Loan subject to contribution
himlherselfmore than $100,000 election. limit and must have written
Candidate may not charge agreement.
interest on personal loan. Loan from commercial lending
institution not subject to
contribution limit
No limit on loan from candidate
to him or herself
Use of Personal Funds Candidate may not expend or Not Addressed Not Addressed
contribution more than $100,000
in personal funds without
providing notice and funds must
be deposited prior to 21 days
before election.
Opponent is nO longer bound by
contribution limits
Enforcement Criminal penalties prosecuted by City Attorney does not Civil and criminal penalties;
District Attorney investigate or prosecute. prosecuted by City Attorney or
Special Counsel appointed 180 citizen with consent of City
days prior to election and shall Attorney
investigate and file appropriate
civil action. If violation of
ordinance is willful than it may
be prosecuted as a misdemeanor.
If convicted then election is void
J:Attomcy/EhullJCampaign Ordinance Comparison Matrix
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CAMPAIGN ORDINANCE COMPARISON MATRIX
I ~_seat is deemed vacant. I
LONG BEACH CITY OF SAN DIEGO MODESTO
Contribution Limit $250 for Primary and $250 for $250 for any single election $99 in week proceeding election.
run-off for City Council, $350
for primary and $350 for run-off
for City Attorney, City Auditor,
City Prosecutor
$500 for primary and $500- for
run off for Mayor
Time Limit for contributions During an election cycle - Not Addressed Not Addressed
January I of odd number year
through September I of
following year
Loans Subject to contribution limits No limitation but has disclosure Not Addressed
Loan from Commercial Lending requirement.
Institution not subject to limit.
Candidate may only make a loan
for City Council up to $ I 0,000
for primary & $ 10,000 for run-
off. Mayor - $25,000 for each
Attorney/Auditor/Prosecutor
$15,000 for each.
Use of Personal Funds Not Addressed Not Addressed Not Addressed
Enforcement Criminal and civil penalties Enforced by Ethics Commission City Clerk is responsible for
investigate and prosecuted by and/or City Attorney prosecutes investigation and enforcement.
City Attorney, unless conflict civil or criminal penalties.
and then Special Counselor If convicted in criminal court,
citizen if City Attorney or election is void and seat is
Special Counsel has failed to act. vacated.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
REPEALING CHAPTER 2.52 AND ADOPTING
CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL
CODE REGULATING CAMPAIGN CONTRIBUTIONS
WHEREAS, there have been many changes in the law of campaign finance since
the City ofChula Vista's campaign contribution ordinance was adopted; and
WHEREAS, the current ordinance requires clarification of certain provisions that
are ambiguous and difficult to implement; and
WHEREAS, the City Council of the City ofChula Vista has expressed a desire to
amend the municipal code regulating election campaign finance and control; and
WHEREAS, at the October 23,2001 City Council meeting staff was directed to
return to Council with recommendations for establishing a campaign finance reform
committee; and
WHEREAS, on November 20, 2001 the City Council accepted a report from staff
and formed a subcommittee to review the campaign contribution ordinance; and
WHEREAS, the Council directed the committee to review the campaign
contribution ordinance in its entirety and redraft it to ensure consistency with state and
federal law; and
WHEREAS, the Council appointed to the campaign contribution ordinance
committee Councilmember Patty Davis, former Council member John Moot, one member
of the Ethics Commission and two members of the Charter Review
Commission;("Committee") and
WHEREAS, the Ethics Commission appointed Ricardo Gibert and the Charter
Review Commission appointed Cheryl Cox and Armida Martin del Campo; and
WHEREAS, the Committee has prepared an ordinance for presentation to the
Council; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) ofthe State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
J .AllomcylEhull/cul'npuib'll contribution ordinalll.:c tinal
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NOW, THEREFORE, the City Council ofthe City of Chula Vista does hereby
ordain:
SECTION I.
Chapter 2.52 of the Chula Vista Municipal Code is hereby repealed
in its entirety.
SECTION n.
Revised Chapter 2.52 of the Chula Vista Municipal Code is hereby
added to read as follows:
2.52.010. Purpose and Intent.
In enacting this chapter, the City Council finds and declares that moderate monetary
contributions to political campaigns are a legitimate form of participation in the American
political process. It is the policy ofthis City to protect the integrity of the electoral process;
and the best interests of the citizens of this City are served by regulating campaign finance.
Inherent in the high cost of election campaigning is the problem of improper influence,
real or potential, exercised by campaign contributors over elected officials. It is the
purpose and intent of the City Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that may be
contributed to political campaigns in City elections;
C To prohibit contributions by organizations and permit individual contributions only;
D. To provide full and fair enforcement of all the provisions of this chapter; and
E. To encourage candidate adherence to election regulations by making them easier to
understand.
2.52.020 Interpretation of this Ordinance.
The terms and phrases in this chapter shall be defined as those terms and phrases are
defined in the Political Reform Act of 1974, as amended, (Government Code, section
81000 et seq.) unless otherwise specified in this chapter.
J:^ttorncy/Ehullfcarnpaigll cnnlrihutioll on.lin<lncc Iinal
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2.52.030 DeimitioDs.
A. "Agent" means a person who acts on behalf or at behest of any other person or
accepts a contribution on behalf of a candidate. If an individual acting as an Agent is also
acting as an employee or member of a law, architectural, engineering or consulting firm, or
a similar entity or corporation, both the entity or corporation and the individual are
"Agents".
B. "At the behest" means made under the control or at the direction of, in cooperation,
consultation, coordination, or concert with, at the request or suggestion of, or with the
express prior consent of.
C. "Candidate" means any individual seeking any city elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, agents of the candidate.
D. "City Campaign Statement" means the statement which, to the extent practicable,
shall be similar to or consolidated with that required by state law.
E. "City Elective Office" means the offices held by members of the City Council and
Mayor.
F. "Contributions" are defined in a manner identical with the definition found in
Govemment Code Section 82015 and any related provisions in the California Code of
Regulations
G. "Enforcement Authority" means that Special Counsel appointed by the City Council
pursuant to Section 2.52.160.
H. "General Election" is that election identified by Charter Section 900 which IS
combined with the State primary election.
I. " Independent Expenditure Committee" is as defined in Government Code Sections
82013 and 82031 which supports or opposes in whole or in part a candidate for city
elective office if contributions are made to said committee with the intent that they, or a
comparable amount of funds otherwise owned by, or under the control of, tho committee be
used to support or oppose a particular candidate for a city elective office. This type of
committee is not controlled by the Candidate.
J. "Intermediary" means a person who delivers to a candidate or committee or
committee treasurer a contribution from another person unless such contribution is from the
person's employer, immediate family or an association to which the person belongs.
Neither candidate or treasurer is considered an intermediary.
J:AUomey/Ehull/campaign contribution ordinance tlnal
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K. "Organization" means a proprietorship, lahor union, firm, partnership, joint venture,
syndicate, business, trust, company, corporation, association, or committee, including a
political action committee.
L. "Person" means a natural individual.
M. "Single Election Contest" means either a general or special election.
N. "Special Election" defined in Charter Section 901, as all other Municipal elections
that may be held by authority of the Charter or of any law.
2.52.040. Campaign Contributions.
A. No person, other than a candidate, shall make a contribution in excess of five
hundred dollars ($500) to a candidate for a single election contest. No candidate shall
solicit or accept a contribution in excess of $500 from a contributor for a single election
contest. A candidate may receive up to $500 from a contributor in each of the general and
special elections.
B. The terms of this chapter are applicable to any contributions made to a candidate or
committee hereunder, whether used by such candidate or committee to finance a current
campaign or to pay debts incurred in prior campaigns..
C. No person shall make a contribution to any candidate for city elective offices and no
such candidate shall accept from any person, such a contribution sooner than eleven
months preceding a single election contest.
D. A contribution for an election may be accepted by a candidate for elective City
office after the date of the election only to the extent that the contribution does not exceed
net debts outstanding from the election, and the contribution does not otherwise exceed
the applicable contribution limit for that election.
E. A candidate for City elective office may not solicit or accept contributions for a
special election prior to the holding of the general election for that office. A candidate for
City elective office may carry over contributions raised in connection with one election
for elective City office to pay campaign expenditures incurred in connection with a
subsequent election for the same elective City office.
2.52.050 Surplus Campaign Funds
A. Upon leaving any elected office, or at the end ofthe post-election reporting period
following the defeat of a candidate for elective office, whichever occurs last, campaign
funds under the control of a candidate shall be considered surplus campaign funds.
B. Surplus campaign funds shall be used only for the following purposes:
J:Attoll1cy/Ehulllr:arnpaigll conlrihutinll mdinance lillal
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1. To repay contributions
2. To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial part of the
proceeds will have a material financial effect on the candidate, any
member of his or her immediate family, or his or her campaign treasurer.
3. To pay for professional services reasonably required by the candidate or
committee to assist in the performance of its administrative functions,
including payment for attorney's fees for litigation that arises directly out
of a candidate's activities or his or her status as a candidate, including, but
not limited to, an action to enjoin defamation, defense of an action brought
of a violation of state or local campaign, disclosure, or election laws, and
an action from an election contest or recount.
2.52.060. Organizational Contributions.
A. No organization shall make a contribution to any candidate or candidate campaign
committee. This chapter shall not apply to contributions made to a committee which is
organized solely for the purpose of supporting or opposing the qualification for the ballot
or adoption of one or more City measures.
B. No officer, employee, agent or attorney or other representative of a person
covered by this chapter shall aid, abet, advise or participate in a violation of this chapter.
All contributions made by a person whose contribution activity is financed, maintained or
controlled by an organization or any other person shall be deemed to be made by that
organization or other person. If the contribution is deemed made by an organization, it is
prohibited.
C. No candidate shall knowingly accept a payment or contribution made in violation
of this chapter.
2.52.70. Contribution in Violation of this Ordinance
A. If a contribution is tendered and would be in violation of this chapter it shall be
returned within three business days of discovery.
B. If a contribution which is in violation of this chapter is received by a candidate,
the candidate shall report in writing within three business days of discovery of the receipt
of the contribution to the City Clerk the facts surrounding such contribution and shall
return such contribution to the contributor within 24 hours of discovery.
C. A contribution shall not be considered to be received if it has not been
negotiated, deposited, or utilized, and is returned to the donor within three
business days of discovery of receipt.
J:AltOnlcy/Ehull/cumpaigll contribution ordinance final
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2.52.080 Written Solicitations by Candidates.
Any candidate making a written solicitation for a contribution for his or her campaign for
city elective office shall include the following written notice in no less than six point type
on each such solicitation:
NOTICE
Ordinance No. _ tlf the City of ('hula Vista limits contributions to campaigns for city elective ofl1ce,
eilher 10 c4Indidute cOl1trolled C0l111l1Jttt.~S or to tegulatt.'t! independent expenditure cOlllmil1et:s. III live
hundred dollars per contributor.
2.52.090 Loans.
A. A loan or extension of credit shall be considered a contribution from the maker of
the loan or extender of credit and shall be subject to the contribution limitations of this
chapter.
B. The provisions of this chapter apply to personal loans or extensions of credit, but
do not apply to loans made to a candidate by a commercial lending institution in the
lender's regular course of business on terms available to members of the general public
for which the candidate is personally liable.
C. A candidate for elective City office may not personally loan to his or her
campaign an amount in excess of $10,000.
D Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits-contained in Section 2.52.040
of the Municipal Code until such opponent has raised contributions in amounts above
sllch limits equal to the amount personally loaned by the candidate to his or her own
campaign or controlled committee.
E. Each opponent of a candidate or other person who has given notice pursuant to
2.52.100 shall not be bound by the loan limitation within this section to the extent the
amount of personal funds expended or contributed exceeds $10,000.
2.52.100 Notice Regarding Personal Funds.
A. No candidate or other person, , shall expend or contribute more than $5,000 in
personal funds in cOlmection with an election campaign unless and until the following
conditions are met:
I. Written notice of the candidate's or other person's intent to so expend or
contribute in excess of $5,000 shall be provided to the city clerk and all opponent
J:Altomcyf[~hu!l!(.ampaign contribution ordinance tin..!
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candidates. The notice shall be delivered personally or sent by registered mail to
the last known address of the opponent candidates as shown in the records of the
City Clerk and shall specify the amount intended to be expended or contributed;
and
2. All personal funds to be expended or contributed by the candidate shall first be
deposited in the candidate's campaign contribution checking account. The
required notice shall be given no later than twenty-one days prior to the election.
If the expenditure or contribution occurs during the twenty-one days preceding
the election, the required notice shall be provided within twenty- four hours.
B. Each opponent of any candidate who has complied with the above conditions
shall be permitted to solicit and receive, and contributors to each such opponent may
make, contributions in excess of the limits established in subdivision (a) of Section
2.52.040 of the Municipal Code until such opponent has raised contributions in amounts
above such limits equal to the amount of personal funds deposited by the candidate in his
or her campaign contribution checking account.
2.52.110 Family Contributions.
A. Contributions by a husband and wife shall be treated as separate contributions and
shall not be aggregated where the checks are drawn separately and signed by the spouse
making the contribution. Contributions by a husband and wife shall be treated as separate
even if combined into one check but presented with two signatures.
B. Contributions by children under the age of eighteen shall be treated as contributions
by their parents and attributed proportionately to each parent (one-half to each parent or the
total amount to a single custodial parent).
2.52.120 Contributions for Legal Defense
A. Notwithstanding anything contained herein to the contrary, a payment to or for
the benefit of a councilmember and mayor or candidate made and used for the express
purpose of offsetting costs already incurred by that councilmember and mayor or candidate
in the defense of a criminal or administrative prosecutorial action against said
councilmember and mayor, and not made or used for the purpose of aiding in the election
of said councilmember and mayor or candidate, and not made within (before or after) 100
days of an election in which the councilmember and mayor or candidate is competing for a
seat or office, shall not be deemed to be a contribution for the purposes ofthis chapter.
2.52.130 Campaign Contribution Checking Account.
The campaign account required by Goverrunent Code section 85201(a) shall be
established at a financial institution located in San Diego County.
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2.52.140 Campaign Statements.
Each candidate and committee shall file campaign statements in the time and manner
required by the Political Reform Act of 1974 as amended (Government Code Sections
84100 et seq.). Compliance with the requirements of that act shall be deemed to be
compliance with this chapter.
2.52.150 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this chapter and
City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair Political
Practices Commission. These forms and manuals shall be furnished to all candidates and
committees, and to all other persons required to report.
B. Determine whether required documents have been filed and, if so, whether they
conform on their face with the requirements of state law.
C. Notify promptly all person and known committees who have failed to file a
document in the form and at the time required by state law.
D. Report apparent violations of this chapter and applicable state law to the
Enforcement Authority.
E. Compile and maintain a current list of all statements or parts of statements filed
with the Clerk's office pertaining to each candidate and each measure.
F. Cooperate with the Enforcement Authority in the performance of the duties of the
Enforcement Authority as prescribed in this chapter and applicable state laws.
2.52.150 Enforcement.
A. The City Attorney shall not investigate or prosecute alleged violations of this
chapter, but shall defend the constitutionality and legality of this chapter in any civil
proceeding in which the City or the City Council is a party.
B. Special Counsel shall investigate or prosecute alleged violations of this chapter.
C. City Attorney shall solicit proposals from attorneys in accordance with Section 503
of the City Charter and Section 2.56 of the Municipal Code to act as Special Counsel.
D. A panel of no less than three attorneys acting as Special Counsel and
compensated by City shall serve as the Enforcement Authority for this Ordinance.
Special Counsel shall be recommended by the City Attorney and approved with
considering counsel availability by the City Council. Should the appointment of
additional Special Counsel become necessary or appropriate, the City Attorney shall
J:Altn11lcy/l:hull!cal1lp.lign contl'ibulillll oniinancc lil1<.l1
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recommend and City Council shall appoint, such additional Special Counsel as may be
required. A single member of the Special Counsel panel will be assigned to each case.
Assignments will be made on a rotating basis.
E. Complaints of violation of this chapter shall be submitted in writing, under
penalty ofpetjury, by a resident of the City to the City Clerk. Said complaint shall state
the full allegation of facts that would constitute a violation of the code. The complaint
must be filed within 90 days of discovery of the alleged violation, but no later than 180
days from the date of the election.
F. City Clerk shall forward the complaint to the randomly assigned Special Counsel
from the panel of attorneys appointed by the City Council within 5 working days of
receipt for a probable cause determination. If no probable cause is determined to exist the
complaint shall be dismissed summarily and interested parties shall be notified in writing.
G. If probable cause is determined to exist, Special Counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued either through a civil or criminal action
at the discretion of the Special Counsel. Special Counsel may also commence and
prosecute any necessary administrative proceedings or civil litigation to compel
compliance with the chapter. No enforcement or prosecution or action of Special Counsel
shall be subject to the review or control of the City Attorney or City Council.
1. Special Counsel may investigate and may institute legal action to prevent further
violations. The Special Counsel may decline to investigate if the allegation is also a
violation of state law and is subject of a complaint filed with the Fair Political Practices
Commission.
J. Special Counsel shall be immune to liability for enforcement of chapter.
2.52.170 Penalties
A. Any person who willfully violates any provlston of this Chapter is guilty of a
misdemeanor. Any person who willfully causes or solicits any other person to violate any
provisions of this Chapter, or who aids and abets any other person in the violation of this
Chapter shall be guilty of a misdemeanor.
B. Any person who intentionally or negligently violates any provision of this Chapter
shall be liable in a civil action brought by Special Counsel for an amount not more than
three times the amount the person failed to report properly or unlawfully contributed,
expended, gave or received, or $5000 per violation which ever is greater.
In determining the amount of liability, the court may take into account the seriousness
of the violation and the degree of culpability of the defendant. If a judgment is entered the
funds recovered shall be deposited into the City's General Fund
.I:^lIomey/Ehull/campaign contribution ordinance final
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2.52.180 Severability.
If any provision of this chapter, or the application of any such provision to any person
or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be
given effect, or the application of those provisions to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby, and to this end the
provisions of this chapter are severable.
f:\Attomey\Ehull\Campaign Contribution Ordinance 12 1003
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CI1Y Of
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
January 30.2004
TO:
FROM:
The Honorable Mayor and City Council
Ann Moore. City Attorney (1'i""
( if'tJ<
Elizabeth Wagner Hull, Deputy City Attorney)
VIA:
SUBJECT:
Campaign Contribution Ordinance
John Moot, Chair of the Campaign Contribution Ordinance Committee, has requested that the
attached infonllation be included in your packet for Item # 8 on the February 3, 2004 Agenda.
r; 7)-;;;)-
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691.5037. (619) 409-5823
@ PQll.(ONumerRecycledPaper
COMPARISON OF ONE COUNCIL SEAT CONTEST (SEAT 2)
Election Year 1990 1998 2002 (Primary)
!$ 7,475.00 $ 33,297.35 $ 67,554.54
$ 10,665.00 I $ 24,993.00 $ 58,145.77
$ 16,253.00
I I
Average 1$
Contributions 9,070.00 $ 29,145.18 ; $ 47,317.77
I
i
Percentage of I
change from 1990 221.34%1 421.70%
I i
Percentage of I j
change from 1998 I 62%
APPROXIMATE I I
POPULATION . 135,1631 162,047: 190,900
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NOVEMBER 1990 ELECTION
07f01f89 . 01f01f90 . 07f01f90 - 10f01f90 - 10121190 -
COUNCIL CANDIDATES 12f31f89 06130190 09130190 10f20f90 12f31f90 TOTAL
RINDONE (SEAT 1) $ 657.61 $ 6,578.00 $ 7,117.62 $1,436.58 $8,799.99 $ 24,589.80
BATARA (SEAT 1) $1,100.00 $ 6,004.00 $ 6,449.50 $ 3,605.00 $4,745.00 $ 21,903.50
FOX (SEAT 2) $ - $ 3,176.00 $ 3,248.00 $ 425.00 $ 626.00 $ 7,475.00
DREW (SEAT 2) Less than $1,000
MOORE (SEAT 21 $ - [ $ 8,774.00 i $1,268.00 I $ 199.00 $ 424.00 $ 10,665.00
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JUNE 1998 ELECTION I I
! 05/17/98. i
I 12/10/97. 01/01/98 . 03118/98 -
CANDIDATES ; 12/31/97 03117/98 05/16/98 06/30/98 TOTAL
HORTON (MAYOR) $8.976.00 $30.869.75 $11,307.64 $51,153.39
MALCOLM (MAYOR) $700.00 $2,769.00 $1.097.22 $4,566.22
PIANTEDOSI (MAYOR) Less than $1,000
BARAJAS (MAYOR) Less than $1,000
BORHA (MAYOR) Less than $1,000
DAVIS (SEAT 1) $0.00 $1,650.00 $8,078.00 $9,490.00 $8,167.00 $27,385.00
SALGANICK (SEAT 1) $4.700.00 $75,000.00 $0.00 $79,700.00
PERMAN (SEAT 11 $6,093.00 $19,886.00 $3,335.00 $29,314.00
GONZALES (SEAT 1) I Less than $1,000
! I
PADILLA (SEAT 2) ! ! $5,796.00 $16.301.351 $11,200.00 $33.297.35
SANDOVAL (SEAT 2\ I ! $6.985.00 $9,990.001 $8,018.00 $24,993.00
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MARCH 2002 ELECTION : I !
! I . I '
01/01/01 (orl i I I '
07/01101)-/10/01/01 -: 01/01/02. I 01/20/02- . 02117102-1
CANDIDATES 09130101 12/31/01 i 01/19102 02116/02 I 06130102 TOTAL
BARAJAS (MAYOR) Less than $1,000
PADILLA (MAYOR) $5,523.00 $40,012.00 $17 ,846.00 $29,285.21 $30,195.50 $122,861.71
SAI.AS (MAYOR) $21,365.11 $46.003.52 $9,018.89 $20,852.00 $60,125.48 $157,365.00
i
GRIEGO (SEAT 2) I $3,427.97 $38.285.57 $2,025.00 $4,330.00 $19,486.00 $67,554.54
MCCANN (SEAT 2) $10,352.77 $18,731.00 $1.755.00 $23,193.00 $4,114.00 $58,145.77
MORENO (SEAT 2) $0.00 $7.210.00 $2,300.00 $2,165.00 $4,578.00 $16,253.00
DAVIS (SEAT 1) I $13,426.00 $13,245.00 $250.00 $2,825.00 $4,548.00 $34,294.00
MONGE (SEAT 1) Less than $1,000
PINA (SEAT 1) Less than $1,000
! , I
, I
NOVEMBER 2002 (run-off) ELECTION I
I 07101102- 10101102 - 10120/02 - [ i
CANDIDATES , 09/30102 10/19102 12/31/02 i , TOTAL
I
PADILLA (MAYOR) $85,680.00 $18,903.00 $ 5,336.00 I i $109,919.00
SALAS (MAYOR) $38,817.90 $17,849.37 $ 40,962.15 I i $97,629.42
BARAJAS (MAYOR) Less than $1,000
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CHULA VISTA DEMOGRAPHIC TRENDS
Population [ Age [ Housing [Income \"'I't (!) = \ ~ 5 > \ b ~
9000'" \7a. sS6
POPULATION
Annual Growth
[percentage difference]
U.s. Census 135,243
[percentage difference] 22.1% 37,9%
. These estimates are as of Jan 1, 2003.
Population Projections
tt = 10,000
II1S1l tt ti ~.f;'
tt tt tt tt I ~~
1970 tt tt tt tt tt tt tt (f~~
tt tt tt tt tt tt tt tt t <G>~
1990 tt tt tt tt tt tt tt tt tt tt tt tt tt t1 ~f'
tt tt tt tt tt tt tt tt tt tt tt tt tt tt .t tt tt t ~.,,<!f
2010 tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt ~tt tt tt tt tt tt t ~'?""
tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt ttlt tt ~.,
2030 tt t. t. tt tt .t .t tt tt tt tt tt tt tt tt .t tt tt tt .t .t .t tt tt tt tt tt tf t ~.f
SOURCE: SAIlDAG PCEJdBER 2OO3J
AGE
SOURCE: SAM>AG IDECEMIlER 2OCl3]
Median Age
HOUSING
Units
Persons Per Un~
INCOME
Mlldisn Household
SOURCE:: CITY OF CHUlAVlSTA. SANlJAGIWoY2OO3l
Community Development Dapartment
(619) 691-5047
VNIW,cLchula-vista.ca,us
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OlY Of
CHUIA VISI'A
10>;).7
Community Development Depallment 276 Fourth Avenue Chula Vista, CA 91910 1619) 691-5047 Fax 16191 476.5310
.
CITY COUNCIL AGENDA STATEMENT
Item: IP
Meeting Date: 2/17/04
ITEM TITLE: Ordinance of the City Council of the City ofChula Vista amending Chapter
2.52 of Title 2 of the Chula Vista Municipal Code regarding campaign
finance reform.
Ordinance ofthe City Council of the City ofChula Vista amending Section
2.56.110 (F) delegating to the City Attorney additional authority in entering
into agreements for the retention of special counsel to enforce Section 2.52 of
the Chula Vista Municipal Code.
SUBMITTED BY: City Attorney u... -:.r'" 4/5ths Vote: (Yes:_ No:-XJ
The Campaign Contribution Ordinance Committee ("CCO") presented a draft campaign contribution
ordinance to the City Council at the February 3,2004 meeting. At that time, the Council identified a
number of issues with the draft ordinance and requested the CCO meet again to review those issues.
The CCO met on February 9, 2004 and presents for Council consideration a revised ordinance
reflecting modifications designed to address the issues raised at the February 3, 2004 Council
meeting.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION:
That the City Council adopt the ordinance amending Chapter 2.52 of Title 2 of the Chula Vista
Municipal Code regarding campaign finance reform and adopt the ordinance amending 2.56.1 10(F)
of the Chula Vista Municipal Code delegating additional authority to the City Attorney to enter into
contracts up to $100,000 to retain special counsel without Council approval.
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Page 2, Item No.:
Meeting Date:
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2/17/04
DISCUSSION:
Since March 2000 the Council has raised issues regarding Municipal Code Section 2.52, Campaign
Contributions. In August 2000 the Council, on the motion of then Councilmember Moot, referred the
issue of campaign financing to the Charter Review Commission. In November 2001 staff returned to
Council with a report regarding the formation of a subcommittee to review the Campaign
Contribution ordinance. Council accepted the report and created the subcommittee to review the
ordinance in its entirety. Appointed to the subcommittee were Councilmember Davis, John Moot,
one representative from the Ethics Commission and two representatives from Charter Review
Commission. The Ethics Commission appointed Ricardo Gilbert. The Charter Review Commission
appointed Cheryl Cox and Armida Martin Del Campo.
After many months of work the CCO presented a draft ordinance to the Council on February 3,2004.
At that time the Council discussed a number of provisions of the ordinance and specifically referred
back to the committee and staff the following issues:
I. Delete language regarding contributions by minors.
2. ClarifY language regarding the suspension of contribution limitations.
3. Modify language regarding the hiring of outside counsel to ensure funding and increase
the independence of special counsel.
The CCO met again on February 9 to discuss those identified issues. The draft ordinance before you
this evening is presented in a strikeout and underline format to highlight the modifications proposed
by the CCO following their February 9 meeting.
Minors Provision
Consistent with the discussion at the February 3 Council meeting, the CCO recommends deleting
2.52.11 O(B) regarding contributions by minors. In addition, to address the concern raised that
some people may try to contribute additional funds beyond the contribution limit by funding
their minor children's contribution, the Committee recommends adding a new section prohibiting
contributions in the name of another. Please see new section 2.52.120 in the revised ordinance.
Suspension of Contribution Limits
Council raised questions about and suggested clarifYing the language within the Loan provision
(2.52.090) and the Personal Funds provision (2.52.100) regarding the suspension of contribution
limits. As proposed on February 3 section 2.52.090 (D) read as follows:
D. Each opponent of a candidate who has made a loan to his or her campaign pursuant to
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Page 3, Item No.:
Meeting Date:
10
2/17/04
this section shall be pennilted to solicit and receive, and contributors to such opponent may
make, contributions in excess of the limits contained in Section 2.52.040 ofthe Municipal Code
until such opponent has raised contributions in amounts above such limits equal to the amount
personally loaned by the candidate to his or her own campaign or controlled committee.
As identified on February 3, the underlined language is subject to different interpretations. For
example: if Candidate A loaned himself $60,000, contribution limits will then be suspended for
Candidate B until Candidate Braises $60,000. The question is whether the $60,000 contributed
to Candidate B includes contributions both within and in excess of the contribution limit or are
only contributions in excess of the contribution limit counted toward that $60,000?
The language within the Personal Funds provision, 2.52.100 (B) is very similar and presented the
Same question of interpretation.
After a lengthy discussion the CCO chose to present the Council with draft language to allow
either interpretation. The draft ordinance contains the language as originally presented on
February 3 and two alternatives depending on the direction given by the Council. The first option
provides that contributions within and in excess of the limitation are applied toward the amount
of funds a candidate may raise without regard for the contribution limit. The second option only
applies to those contributions taken in excess of the contribution limit.
Enforcement Provisions
Council referred a number of issues regarding the enforcement provisions back to the CCO for
further review. Specifically, modify the enforcement provisions to require the Council to
appropriate funds for the retention of special counsel during the annual budget cycle; include a
time frame for the retention of special counsel; if consistent with the City Charter, remove the
Council from the process for the appointment and retention of the special counsel; and
incorporate provisions to increase the independence of special counsel.
The revised ordinance before Council this evening includes a requirement for the City Attorney
to solicit proposals from attorneys to act as special counsel 180 days prior to an election. It also
requires the Council to appropriate, into a separate account under the City Attorney's control, no
less than $100,000 for retention of special counsel and vests the authority to appoint the panel of
special counsel solely in the hands of the City Attorney.
Also before you this evening is a modification to the Purchasing Ordinance to delegate to the
City Attorney authority to enter into contracts for up to $100,000 to retain special counsel
without Council approval. '
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Page 4, Item No.: 10
Meeting Date: 2/17/04
Amoun t of Contribution Limitation
The CCO also revisited the contribution limit issue. Though the CCO believes $500.00 is an
appropriate contribution limit, they indicated putting in place viable enforcement measures and the
other changes to the ordinance was of primary importance. The CCO would support a minimal
increase and/or delayed implementation of that provision if necessary.
CONCLUSION: CCO recommends Council adopt the two ordinances amending Chapters 2.52 and
2.56 of the Chula Vista Municipal Code.
FISCAL IMP ACT: The Campaign Contribution Ordinance requires an appropriation of$1 00,000
from the General Fund with each budget cycle to fund the investigation and prosecution, where
appropriate, of alleged violations of the ordinance.
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING CHAPTER 2.52 OF
TITLE 2 OF THE CHULA VIST A MUNICIPAL CODE
REGARDING CAMPAIGN FINANCE REFORM
WHEREAS, there have been many changes in the law of campaign finance since
the City ofChula Vista's campaign contribution ordinance was adopted; and
WHEREAS, the current ordinance requires clarification of certain provisions that
are ambiguous and difficult to implement; and
WHEREAS, the City Council of the City ofChula Vista has expressed a desire to
amend the muiricipal code regulating election campaign finance and control; and
WHEREAS, at the October 23, 2001 City Council meeting staffwas directed to
return to Council with recommendations for establishing a campaign finance reform
committee; and
WHEREAS, on November 20, 2001 the City Council accepted a report from staff
and formed a subcommittee to review the campaign contribution ordinance; and
WHEREAS, the Council directed the committee to review the campaign
contribution ordinance in its entirety and redraft it to ensure consistency with state and
federal law; and
WHEREAS, the Council appointed to the campaign contribution ordinance
committee Councilmember Patty Davis, former Council member John Moot, one member
of the Ethics Commission and two members of the Charter Review Commission
("Committee"); and
WHEREAS, the Ethics Commission appointed Ricardo Gilbert and the Charter
Review Commission appointed Cheryl Cox and Armida Martin del Campo; and
WHEREAS, the Council accepted a report and draft ordinance from the
Committee on February 3, 2004; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the State
CEQAGuidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
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NOW, THEREFORE, the City Council of the City ofChula Vista does hereby
ordain:
SECTION I:
That Chapter 2.52 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.52.010. Purpose and Intent.
In enacting this chapter, the City Council finds and declares that moderate monetary
contributions to political campaigns are a legitimate form of participation in the American
political process. It is the policy of this City to protect the integrity of the electoral process;
and the best interests of the citizens of this City are served by regulating campaign finance.
Inherent in the high cost of election campaigning is the problem of improper influence,
real or potential, exercised by campaign contributors over elected officials. It is the
purpose and intent of the City Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that may be
contributed to political campaigns in City elections;
C. To prohibit contributions by organizations and permit individual contributions only;
D. To provide full and fair enforcement of all the provisions of this chapter; and
E. To encourage candidate adherence to election regulations by making them easier to
understand.
2.52.020 Interpretation of this Ordinance.
The terms and phrases in this chapter shall be defined as those terms and phrases are
defined in the Political Reform Act of 1974, as amended, (Government Code, section
81000 et seq.) unless otherwise specified in this chapter.
2.52.030 Definitions.
A. "Agent" means a person who acts on behalf or at behest of any other person or
accepts a contribution on behalf of a candidate. If an individual acting as an Agent is also
acting as an employee or member of a law, architecturaI, engineering or consulting firm, or
a similar entity or corporation, both the entity or corporation and the individual are
UAgents".
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B. "At the behest" means made under the control or at the direction ot: in cooperation,
consultation, coordination, or concert with, at the request or suggestion of, or with the
express prior consent of.
C. "Candidate" means any individual seeking any city elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, agents of the candidate.
D. "City Campaign Statement" means the statement which, to the extent practicable,
shall be similar to or consolidated with that required by state law.
E. "City Elective Office" means the offices held by members of the City Council and
Mayor.
F. "Contributions" are defined in a manner identical with the definition found in
Government Code Section 82015 and any related provisions in the California Code of
Regulations
G. "Enforcement Authority" means that Special Counsel appointed by the City Council
pursuant to Section 2.52.160.
H. ''General Election" is that election identified by Charter Section 900 which IS
combined with the State primary election.
1. " Independent Expenditure Committee" is as defined in Government Code Sections
82013 and 82031 which supports or opposes in whole or in part a candidate for city
elective office if contributions are made to said committee with the intent that they, or a
comparable amount of funds otherwise owned by, or under the control ot: the committee be
used to support or oppose a particular candidate for a city elective office. This type of
committee is not controlled by the Candidate.
J. "Intermediary" means a person who delivers to a candidate or committee or
committee treasurer a contribution from another person unless such contribution is from the
person's employer, immediate family or an association to which the person belongs.
Neither candidate or treasurer is considered an intermediary.
K. "Organization" means a proprietorship, labor union, firm, partnership, joint venture,
syndicate, business, trust, company, cotporation, association, or committee, including a
political action committee.
L. "Person" means a natural individual.
M. "Single Election Contest" means either a general or special election.
N. "Special Election" defined in Charter Section 901, as all other Municipal elections
that may be held by authority of the Charter or of any law.
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2.52.040. Campaign Contributions.
A. No person, other than a candidate, shall make a contribution in excess of five
hundred dollars ($500) to a candidate for a single election contest. No candidate shall
solicit or accept a contribution in excess of $500 from a contributor for a single election
contest. A candidate may receive up to $500 from a contributor in each of the general and
special elections.
B. The terms of this chapter are applicable to any contributions made to a candidate or
committee hereunder, whether used by such candidate or committee to finance a current
campaign or to pay debts incurred in prior campaigns..
C. No person shall make a contribution to any candidate for city elective offices and no
such candidate shall accept from any person, such a contribution sooner than eleven
months preceding a single election contest.
D. A contribution for an election may be accepted by a candidate for elective City
office after the date of the election only to the extent that the contribution does not exceed
net debts outstanding from the election, and the contribution does not otherwise exceed
the applicable contribution limit for that election.
E. A candidate for City elective office may not solicit or accept contributions for a
special election prior to the holding of the general election for that office. A candidate for
City elective office may carry over contributions raised in connection with one election
for elective City office to pay campaign expenditures incurred in connection with a
subsequent election for the same elective City office.
2.52.050 Surplus Campaign Funds
A. Upon leaving any elected office, or at the end of the post-election reporting period
following the defeat of a candidate for elective office, whichever occurs last, campaign
funds under the control of a candidate shall be considered surplus campaign funds.
B. Surplus campaign funds shall be used only for the following purposes:
1. To repay contributions
2. To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial part of the
proceeds will have a material financial effect on the candidate, any
member of his or her immediate family, or his or her campaign treasurer.
3. To pay for professional services reasonably required by the candidate or
committee to assist in the performance of its administrative functions,
including payment for attorney's fees for litigation that arises directly out
of a candidate's activities or his or her status as a candidate, including, but
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not limited to, an action to enjoin defamation, defense of an action brought
of a violation of state or local campaign, disclosure, or election laws, and
an action from an election contest or recount.
2.52.060. Organizational Contributions.
A. No organization shall make a contribution to any candidate or candidate campaign
committee. This chapter shall not apply to contributions made to a committee which is
organized solely for the purpose of supporting or opposing the qualification for the ballot
or adoption of one or more City measures.
B. No officer, employee, agent or attorney or other representative of a person
covered by this chapter shall aid, abet, advise or participate in a violation of this chapter.
All contributions made by a person whose contribution activity is financed, maintained or
controlled by an organization or any other person shall be deemed to be made by that
organization or other person. If the contribution is deemed made by an organization, it is
prohibited.
c. No candidate shall knowingly accept a payment or contribution made in violation
of this chapter.
2.52.70. Contribution in Violation ohhIs Ordinance
A. If a contribution is tendered and would be in violation of this chapter it shall be
returned within three business days of discovery.
B. If a contribution which is in violation of this chapter is received by a candidate,
the candidate shall report in writing within three business days of discovery of the receipt
of the contribution to the City Clerk the facts surrounding such contribution and shall
return such contribution to the contributor within 24 hours of discovery.
c. A contribution shall not be considered to be received if it has not been
negotiated, deposited, or utilized, and is returned to the donor within three
business days of discovery of receipt.
2.52,080 Written Solicitations by Candidates.
Any candidate making a written solicitation for a contribution for his or her campaign for
city elective office shall include the following written notice in no less than six point type
on each such solicitation:
NOTICE
Ordinance No. _ of the City of ChuIa Vista limits contributions to can{Jaigns for city elective office,
either to candidate controlled comminees or to regulated independent CJl;penditure committees, to five
hundred dollus per contributor.
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2.52.090 Loans.
A. A loan or extension of credit shall be considered a contribution from the maker of
the loan or extender of credit and shall be subject to the contribution limitations of this
chapter.
B. The provisions of this chapter apply to personal loans or extensions of credit, but
do not apply to loans made to a candidate by a commercial lending institution in the
lender's regular course of business on terms available to members of the general public
for which the candidate is personally liable.
C. A candidate for elective City office may not personally loan to his or her
campaign an amount in excess of$IO,ooO.
Originally Presented
D. Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits-contained in Section 2.52.040
of the Municipal Code until such opponent has raised contributions in amounts above
such limits equal to the amount personally loaned by the candidate to his or her own
campaign or controlled committee.
Option 1
D. Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits contained in Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shaH be suspended
so that the opponent may receive contributions in excess of the limitation up to the
amount loaned by the candidate. Those contributions received within or in excess of the
limitation shall count toward equaling the amount loaned.
Option 2
D. Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits-contained in Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be suspended
so that the opponent may receive contributions in excess of the limitation up to the
amount loaned by the candidate. Only those contributions received in excess of the
limitation shall count toward equaling the amount loaned.
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E. Each opponent of a candidate or other person who has given notice pursuant to
2.52.100 shall not be bound by the loan limitation within this section to the extent the
amount of personal funds expended or contributed exceeds $10,000.
2.52.100 Notice Regarding Personal Funds.
A. No candidate or other person shall expend or contribute more than $5,000 in
personal funds in connection with an election campaign unless and until the following
conditions are met:
I. Written notice of the candidate's or other person's intent to so expend or
contribute in excess of$5,000 shall be provided to the city cieri<: and all opponent
candidates. The notice shall be delivered personally or sent by registered mail to
the last known address of the opponent candidates as shown in the records of the
City Clerk and shall specifY the amount intended to be expended or contributed;
and
2. All personal funds to be expended or contributed by the candidate shall first be
deposited in the candidate's campaign contribution checking account. The
required notice shall be given no later than twenty-one days prior to the election.
If the expenditure or contribution occurs during the twenty-one days preceding
the election, the required notice shall be provided within twenty-four hours.
Originally Presented
B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive, and contributors to each such opponent may make,
contributions in excess of the limits established in subdivision (a) of Section 2.52.040
of the Municipal Code until such opponent has raised contributions in amounts above
such limits equal to the amount of personal funds deposited by the candidate in his or
her campaign contribution checking account.
Option I
B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive. and contributors to each such opponent may make,
contributions in excess of the limits established in subdivision (a) of Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be
suspended so that the opponent may receive contributions in excess of the limitation up
to the amount of personal funds deposited by the candidate in his or her campaign
contribution checking account. Those contributions received within or in excess of the
limitation shall count toward equaling the amount of personal funds deposited by the
candidate in his or her campaign contribution checking accOWlt.
Option 2
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B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive, and contributors to each such opponent may make,
contributions in excess of the limits established in subdivision (a) of Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be
suspended so that the opponent may receive contriblitions in excess of the limitation up
to the amount of personal funds deposited by the candidate in his or her campaign
contribution checking account. Only those contributions received in excess of the
limitation shall count toward equaling the amount of personal funds deposited by the
candidate in his or her campaign contribution checking account.
2.52.110 Family Contributions.
A---Contributions by a husband and wife shall be treated as separate contributions and
shall not be aggregated where the checks are drawn separately and signed by the spouse
making the contribution. Contributions by a husband and wife shall be treated as separate
even if combined into one check but presented with two signatures.
B. CentFilnilieRs II)' eililllTeR Wloer tile age of eiglftoe.. shall lie lFeatea as eBfltrillalioRs
II)' tileir parentG IlJIO attrillllleli proportioRately 10 eaeh parent (eRe ileIfte eaeilpareRt OT tile
tatal amount te a siRgle 8Hsladial plll'ORt).
2.52.120 Prohibition of Contribution in the Name of Another Individual
It is unlawful for anv individual. or combination of individuals acting iointlv. to make
directlv or indirectlv a contribution in the name of another individual or combination of
individuals.
2.52.130 Contributions for Legal Defense
A. Notwithstanding anything contained herein to the contrary, a payment to or for
the benefit of a councilmember and mayor or candidate made and used for the express
purpose of offsetting costs already incurred by that councilmember and mayor or candidate
in the defense of a criminal or administrative prosecutorial action against said
councilmember and mayor, and not made or used for the purpose of aiding in the election
of said councilmember and mayor or candidate, and not made within (before or after) 100
days of an election in which the councilmember and mayor or candidate is competing for a
seat or office, shall not be deemed to be a contribution for the purposes of this chapter.
2.52.140 Campaign Contribution Checking Account.
The campaign account required by Government Code section 85201(a) shall be
established at a financial institution located in San Diego County.
2.52.150 Campaign Statements.
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Each candidate and conunittee shall file campaign statements in the time and manner
required by the Political Reform Act of 1974 as amended (Government Code Sections
84100 et seq.). Compliance with the requirements of that act shall be deemed to be
compliance with this chapter.
2.52.160 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this chapter and
City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair Political
Practices Commission. These forms and manuals shall be furnished to all candidates and
committees, and to all other persons required to report.
B. Determine whether required documents have been filed and, if so, whether they
conform on their face with the requirements of state law.
C. Notify promptly all person and known committees who have failed to file a
document in the form and at the time required by slate law.
D. Report apparent violations of this chapter and applicable state law to the
Enforcement Authority.
E. Compile and maintain a current list of all statements or parts of statements filed
with the Clerk's office pertaining to each candidate and each measure.
F. Cooperate with the Enforcement Authority in the performance ofthe duties of the
Enforcement Authority as prescribed in this chapter and applicable state laws.
2.52.170 Enforcement.
A. The City Attorney shall not investigate or prosecute alleged violations of this
chapter, but shall defend the constitutionality and legality ofthis chapter in any civil
proceeding in which the City or the City Council is a party.
B. Special Counsel shall investigate or prosecute alleged violations of this chapter.
C. City Attorney shall solicit proposals from attorneys in accordance with Section 503
of the City Charter and Section 2.56 of the Municipal Code to act as Special Counsel 180
days Drior to a City election. As Dart of the annual budlret DroCesS. City Council shall
aDDroDriate no less than $100.000 to fund the retention ofSDecial Counsel. Said funds
shall be seDarate from the City Attorney's budget and used solely for the investigation
and Drosecution of alleged violations of this chaDter.
D. City Attornev shall aDDOint sA panel of no less than three attorneys to acting as
Special Counsel. Said attorneys shall be -lIIMl compensated by the City and shall serve as
the Enforcement Authority for this Ordinance. SJleeial COllBSel shalllJe reeofftRl.eIIIlell
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by the City ~A1L-KefRey aM ftftI3fe~:ed ":lith. eeR6iEleRRg e8HIlsel availahility BY the City
COllHeil. Should the appointment of additional Special Counsel become necessary or
appropriate, the City Attorney shall reeefftlRefl8 aR8 City Celllleil shall appoint, such
additional Special Counsel as may be required. A single member of the Special Counsel
panel will be assigned to each case. Assignments will be made on a rotating basis.
E. Complaints of violation of this chapter shall be submitted in writing, under
penalty of peJjury, by a resident of the City to the City Clerk. Said complaint shall state
the full allegation of facts that would constitute a violation of the code. The complaint
must be filed within 90 days of discovery of the alleged violation, but no later than 180
days from the date of the election.
F. City Clerk shall forward the complaint to the randomly assigned Special Counsel
from the panel of attorneys appointed by the City AttornevCellReil within 5 working days
of receipt for a probable cause determination. If no probable cause is determined to exist
the complaint shall be dismissed summarily and interested parties shall be notified in
writing.
G. If probable cause is determined to exist, Special Counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued either through a civil or criminal action
at the discretion of the Special Counsel. Special Counsel may also commence and
prosecute any necessary administrative proceedings or civil litigation to compel
compliance with the chapter. No enforcement or prosecution or action of Special Counsel
shall be subject to the review or control of the City Attorney or City Council.
I. Special Counsel may investigate and may institute legal action to prevent further
violations. The Special Counsel may decline to investigate if the allegation is also a
violation of state law and is subject of a complaint filed with the Fair Political Practices
Commission.
J. Special Counsel shall be immune to liability for enforcement of chapter.
2.52.180 Penalties
A. Any person who willfully violates any provision of this Chapter is guilty of a
misdemeanor. Any person who willfully causes or solicits any other person to violate any
provisions of this Chapter, or who aids and abets any other person in the violation of this
Chapter shall be guilty of a misdemeanor.
B. Any person who intentionally or negligently violates any provision of this Chapter
shall be liable in a civil action brought by Special Counsel for an amount not more than
three times the amount the person failed to report properly or unlawfully contributed,
expended, gave or received, or $5000 per violation which ever is greater.
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In detennining the amount of liability, the court may take into account the seriousness
of the violation and the degree of culpability of the defendant. If a judgment is entered the
funds recovered shall be deposited into the City's General Fund
2.52.190 Severability.
If any provision of this chapter, or the application of any such provision to any person
or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be
given effect, or the application of those provisions to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby, and to this end the
provisions of this chapter are severable.
SECTION II: This Ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Submitted by
~
/laP
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING SECTION 2.56.110(F)
DELEGATING TO THE CITY ATTORNEY
ADDITIONAL AUTHORITY IN ENTERING INTO
AGREEMENTS FOR THE RETENTION OF SPECIAL
COUNSEL TO ENFORCE SECTION 2.52 OF THE
CHULA VISTA MUNICIPAL CODE
The City Council of the City ofChula Vista does hereby ordain:
SECTION I:
That Section 2.56.1 IO(F) of the Chula Vista Municipal Code is
hereby amended to read as follows:
F. Legal Services
In accordance with Section 503 ofthe City Charter, the City Attorney oversees
contracts for legal and related professional service. Whenever practical, and in
consultation with the Purchasing Agent, requests for outside attorney or
professional services shall be based on a competitive solicitation of proposals.
Otherwise, justification shan be provided based on unique qualifications or
performance characteristics of the attorney or consultant recommended. Excent
for contracts lor the retention of sIJeciaJ counsel pursuant to Section 2.5~,
~'Contracts for legal and related professional services in excess of $50,000 -shall
be approved by the City Councit_CQDln_\ft>_-IQrJI1,...!,t,,[!.tiQ!LoJ~p-'~ci1!L"~L!.!lQ91
1'.'~rsuant to Section .L~lin...e-,cess oL$1QOJ~)() shall be anDroved by the Ci!y
Council.
SECTION [1: This Ordinance shan take effect and be in fun force on the thirtieth
day from and after its adoption.
Submitted by
~+-1~
nn oore
. Attorney
J:Anomcy/Ehull/Campaign Contribulion/Purchasing Ordinance
'() (~
I /_
r;D-43