HomeMy WebLinkAboutOrd 1990-2391 ORDINANCE NO. 2391
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
2.52 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
CAMPAIGN CONTRIBUTION STATEMENTS
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 2.52.040 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 2.52.040 Definitions.
A. "Agent" For purposes of this section, a person is the "agent" of
the party to, or a participant in, a proceeding involving a
license, permit or other entitlement for use only if he or she
represents that person in connection with the proceeding involving
the license, permit or other entitlement for use. 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. "Candidate" means a candidate for any City elective office, the
candidate's campaign committee, committee{s) controlled by the
candidate, agents of the candidate, and any person acting at the
behest of a candidate. An incumbent shall be presumed to be a
candidate unless he or she files a written statement with the City
Clerk stating the he or she does not intend to be a candidate for
the next election for his or her office.
C. "City Campaign Statement" means the statement which, to the extent
practicable, shall be similar to or consolidated with that required
by State law.
D. "City Elective Office" means the offices held by members of the
City Council and any other separately elected offices of the City.
E. "Contributions" are defined in a manner identical with the
definition found in Government Code Section 82015 and any related
provisions in the California Administrative Code.
F. "Election Period" means the entire time period between elections
for the City elective office. This would include the time period
between each election for the same elective office, including
separately as applicable, each primary, general, recall or other
election for that office.
Ordinance No. 2391
Page 2
G. "Intermediary" means a person who delivers to a candidate or
committee a contribution from another person unless such
contribution is from the person's employer, immediate family or an
association to which the person belongs. No person who is the
Treasurer of the committee to which the contribution is made or is
the candidate who controls the committee to which the contribution
is made shall be an intermediary for such contribution.
H. "Organization" means a proprietorship, labor union, firm,
partnership, joint venture, syndicate, business, trust, company,
corporation, association, or committee, including a political
action committee.
I. "Person" means a natural individual.
J. "Political Purpose" means an action by a candidate for the purpose
of influencing, or attempting to influence, either directly or
indirectly, the actions of the voters for or against the election
of that candidate or any other candidate for the same City elective
office.
K. "State Campaign Statement" means an itemized report which is
prepared on a form prescribed by the Fair Political Practices
Commission and which provides the information required by Chapter 4
of Title 9 of the Government Code.
L. "Party" means any person who files an application for or is the
subject of, a proceeding involving a license, permit or other
entitlement for use.
M. "Participant" means any person who is not a party, but who actively
supports or opposes a particular decision in a proceeding involving
a license, permit or other entitlement for use, and who has a
financial interest in the decision as described in Article 1
(commencing with Section 87100) of Chapter 7. A person actively
supports or opposes a particular decision in a proceeding if he or
she lobbies in person, the officers or employees of the City,
testifies in person before the City, or otherwise acts to influence
officers of the City.
SECTION II: That Section 2.52.150 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 2.52.150 Duties of City Clerk with Respect to
Campaign Statements.
A, It shall be the duty of the City Clerk to determine whether
required City Campaign Statements have been filed. The City Clerk
is hereby authorized to make that determination only from facts and
information within her knowledge, and is not required to conduct an
investigation to determine whether or not a candidate has an
obligation to file a City Campaign Statement.
Ordinance No. 2391
Page 3
B. It shall be the duty of the City Clerk to determine whether City
Campaign Statements filed conform on their face with the
requirements of this ordinance.
C. It shall be the duty of the City Clerk to accept for filing any
City Campaign Statement which this ordinance requires to be filed.
In those cases where the City Clerk discovers in his or her review
of City Campaign Statements that a candidate has filed an
incorrect, incomplete or illegible statement, or a statement which
cannot be reproduced, he or she shall promptly notify the candidate
of the error or omission. However, no notification is required in
those cases in which the errors or omissions are minor ones which
do not recur throughout the statement. An error or omission is
minor if it does not result in omission of the amount of an
individual contribution or expenditure. An error or omission in
connection with the identification of a donor or intermediary is
minor if such person is identified by name and either street
address, occupation, employer or principal place of business. An
error or omission in connection with the identification of the
recipient of an expenditure or person providing consideration for
an expenditure is minor if such person is identified by name.
(Ord. 2298 ~ 1 (part) 1989)
SECTION III: That Section 2.52.190 of the Chula Vista Municipal Code is
amended to read as follows:
Sec. 2.52.190 Enforcement.
A. The City Attorney shall not investigate or prosecute any alleged
violations of the chapter, but shall defend the constitutionality
and legality of this chapter in any civil proceeding in which the
City or the City Council i s a party.
B. Review of complaints of violation of this chapter and criminal
prosecution thereof shall be commenced only by the District
Attorney, unless the District Attorney fails or refuses to
investigate, in which case the special counsel shall be the
Attorney General. However, if the Attorney General shall fail or
refuse to investigate a bonafide allegation of the violation of
this chapter, the special counsel shall be such other qualified and
independent attorney who shall be appointed by the City Attorney,
except and unless the alleged violation of this chapter concerns or
involves the City Attorney, in which case said special counsel
shall be appointed by a majority vote of the City Council. No
enforcement or prosecution or action of special counsel shall be
subject to the review or control of the City Council or the City
Attorney.
C. Any person residing in the City who believes that a violation of
this chapter has occurred may file a written complaint requesting
investigation of such violation by the special counsel. If the
special counsel determines that there is reason to believe a
violation of this chapter has occurred, it shall conduct an
Ordinance No. 2391
Page 4
investigation and may commence such administrative, civil, or
criminal legal action as it deems necessary for the enforcement of
this chapter.
D. The special counsel shall have such investigative powers as are
necessary for the performance of duties described in this chapter
and may demand and be furnished records of campaign contributions
and expenditures of any person or committee at any time. In the
event that production of such records is refused, the special
counsel may commence civil litigation to compel such production.
E. The special counsel shall be immune to liability for its
enforcement of this chapter.
F. The special counsel may maintain on behalf of the City, a candidate
or other resident of the City may maintain on their own behalf, a
civil action to recover personally from a candidate any
contributions received by the candidate in excess of the
contributions limits established by this ordinance or any
contributions which a candidate fails or refuses to remit to the
City C1 erk or return to the donor. Any money recovered in any
action maintained pursuant to this section shall be deposited in
the Campaign Enforcement Fund.
G. Any action alleging violation of this chapter must be commenced '
within four years of the time the alleged violation occurred.
H. Violations involving wilful acceptance of cumulative illegal
contributions of $2500 or more shall constitute a crime of moral
turpitude pursuant to City Charter Section 303. (Ord. 2298 5 1
(part) 1989)
SECTION IV: This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Ordinance No. 2391
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 28th day of Au9ust, 1990, by the following vote:
AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
drego~ R~, Cox, Mayor
ATTEST:
evenly-F Authelet, ~ity Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2391 had its first reading on
August 21, 1990, and its second reading and adoption at a regular meeting of
said City Council held on the 28th day of August, lg90.
Executed this 28th day of August, 1990.
B ~iy A.~xAuthel~, City Clerk