HomeMy WebLinkAboutOrd 1995-2654 ORDINANCE NO. 2654
AN ORDINANCE AMENDING CHAPTER 2.52 OF THE CHULA
VISTA MUNICIPAL CODE TO CLARIFY THE CONTRIBUTIONS
LIMITATION WHEN TWO ELECTIONS FOR DIFFERENT TERMS
OF OFFICE FOR THE SAME SEAT ARE OCCURRING
SIMULTANEOUSLY AND OTHER CHANGES
The City Council of the City of Chula Vista does ordain as follows:
SECTION h That Chapter 2,52 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Chapter 2.52
CAMPAIGN CONTRIBUTIONS
Sections:
2.52.010 Findings.
2.52.020 Purpose.
2.52.030 Interpretation of this Ordinance.
2.52.040 Definitions.
2.52.050 Limitation on Contributions from Persons.
2.52.060 Prohibition of Contributions by Organizations.
2.52.070 Written Solicitations by Candidates.
2.52.080 Returned Contributions.
2.52.090 Loans.
2.52.100 Family Contributions.
2.52.105 Notice Regarding Personal Funds.
2.52.110 One Campaign Committee and One Checking Account per Candidate.
2.52.120 Prohibition on Transfers.
2.52.130 Contents of City Campaign Statements.
2.52.140 Duties of Treasurers and Candidates.
2.52.150 Duties of City Clerk with Respect to Campaign Statements.
2.52.160 Audits.
2.52.165 Disqualification and Disclosure.
2.52.170 Criminal Sanctions.
2.52.180 Injunctive Relief.
2.52.190 Enforcement.
2.52.200 Severability.
2.52.010 Findings.
In enacting this ordinance, the city council of the City of Chula Vista finds and declares
the following:
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A. Moderate monetary contributions to political campaigns are a legitimate form of
participation in the American political process, but the financial strength of certain
individuals or organizations should not permit them to exercise a disproportionate or
controlling influence on the election of candidates for city offices.
B. The rapidly increasing costs of political campaigns have forced many candidates for
elective office to raise larger and larger sums from individuals or interest groups with
a specific financial stake in city matters. This can cause the public perception that the
votes of city council members and decisions of elected officials are being improperly
influenced by monetary contributions. This perception can undermine the credibility
of the city council and the governmental process.
C. It is the policy of this city to protect the integrity of the electoral process.
D. The best interests of the citizens of this city are served by reducing the direct and
indirect costs of campaigns.
2.52.020 Purpose.
The city council of the City of Chula Vista enacts this ordinance to accomplish the
following purposes.
A. To encourage public trust in the electoral and decision-making processes of the city,
and ensure that individuals and interest groups have a fair and equal opportunity to
participate in the elective and legislative process.
B. To reduce the influence of large contributors with a specific financial stake in matters
before the city, thus countering the perception that decisions of city officials are
influenced more by the size of contributions than the merits of proposals or the best
interests of the people of the city.
2.52.030 Interpretation of this Ordinance.
Unless the term is specifically defined in this ordinance or the contrary is stated or
clearly appears from the context, the definitions set forth in the Political Reform Act of 1974
(Government Code Sections 81000 et. seq.) shall govern the interpretation of this ordinance.
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".
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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 that 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, except that, notwithstanding anything contained herein to the
contrary, a payment by a third party to, or for the benefit of, a councilperson made and
used for the express purpose of offsetting costs already incurred by that councilperson
in the defense of a criminal or administrative prosecutorial action against said
councilperson, and not made or used for the purpose of aiding in the election of said
councilperson, and not made within (before or after) 100 days of an election in which
the councilperson is competing for a seat or office, shall not be deemed to be a
contribution for the purposes of this chapter.
F. "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.
G. "Organization" means a proprietorship, labor union, firm, partnership, joint venture,
syndicate, business, trust, company, corporation, association, or committee, including
a political action committee.
H. "Person" means a natural individual.
I. "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.
J. "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.
K. "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.
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L. "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.
2.52.050 Limitation on Contributions from Persons.
A. Time Limitation for Making Contributions.
No person shall make a contribution to any candidate for city elective offices sooner
than eleven months preceding an election contest but in no event sooner than the date
upon which the holding of the ele~ction contest becomes certain, and no such candidate
shall accept from any person, such a contribution.
B. Monetary Limitation for Making Contributions.
No person shall make to any candidate for city elective office, and no such candidate
shall accept from any person, a contribution or contributions totalling more than ~250
for a single election contest. To the extent federal law prohibits limitations on
expenditures, this ordinance is meant to be consistent with federal law.
1. Same Day, Same Office, Multiple Election Rule.
For the purposes of this section, multiple elections scheduled to be held on the
same day for the same office, but for different terms, such as in the case of a
special election to be held to fill a vacancy, and a general municipal election to
be held to fill a full length term, shall be deemed to be a single election for
determining the monetary limitation. This section is deemed to be declaratory
of existing law, and shall apply to all contributions received prior to and after
the effective date of this ordinance for if the contribution was intended to be
used in connection with the election commencing in March, 1996. To the
extent that the operation of this section requires the return of any contributions
in excess of the limitation herein imposed, the candidate and/or regulated
independent expenditure committee shall so return such excess contribution.
2.52.060 Prohibition of Contributions by Organizations.
A. Prohibition.
No organization (e.g., corporation, partnership, trust, association, committee, etc.)
shall make a contribution to any candidate, and no such candidate shall accept a
contribution from an organization.
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B. Rule of Attribution to Organization.
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 by subdivision A. If deemed to be made by another
person, it shall constitute a contribution by a "committee" (a form of "organization")
and thereby also is prohibited by subdivision A.
2.52.070 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 ten point type
on each such solicitation:
NOTICE
Ordinance No. 2299 of the City of Chula Vista limits
contributions to campaigns for city elective office to two
hundred fifty dollars ($250) per contributor. When contributions
from an individual cumulatively amount to $100 or more, the
complete name, address, occupation and employer (or name of
business if self-employed) of each donor must be reported in the
city campaign statement.
2.52.090 Returned Contributions.
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 ten (10) days of receipt, or no later
than the date on which the candidate is required to file a State or city Campaign Statement,
whichever date is earlier.
2.52.090 Loans.
A. A loan shall be considered a contribution from the maker and the guarantor of the loan
and shall be subject to the contribution limitations of this ordinance. Loans from the
candidate to him or herself shall be subject to the contribution limitations of this
ordinance.
B. The proceeds of a loan made to a candidate by a commercial lending institution in the
regular course of business on the same terms available to members of the public and
which is secured or guaranteed personally and solely by the candidate shall not be
subject to the contribution limits of this ordinance.
C. Extensions of credit, other than loans pursuant to subsection B, for a period of more
than thirty (30) days are subject to the contribution limits of this ordinance.
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2.52.100 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.
B. Contributions by children under the age of eighteen (18) 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).
2.52.105 Notice Regarding Personal Funds.
A. No candidate 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:
1. Written notice of the candidate's intent to so expend or contribute in excess of
$5,000 shall be provided to the city clerk and all opponent candidates. The
notice shall be delivered personally or sent by registered mail and shall specify
the amount intended to be expended or contributed; and
2. All personal funds to be expended or contributed by the candidates shall first
be deposited in the candidate's campaign contribution checking account at least
21 days before the election. The required notice shall be given no later than 24
hours after the date of the deposit or 21 days prior to the election whichever
occurs first.
B. If sent by mail, the notice to opponent candidates shall be sent to the last known
address of the opponent candidates as shown in the records of the city clerk.
2.52.110 One Campaign Committee and One Checking Account Per Candidate.
A candidate for city elective office shall have no more than one campaign committee
and one checking account for each election, from which all contributions shall be accounted
for, and out of which all expenditures shall be made.
A. Same Day, Same Office, Multiple Election Rule.
For the purposes of this section, multiple elections scheduled to be held on the same
day for the same office, but for different terms (such as in the case of a special
election to be held to fill a vacancy in a Seat, and a general municipal election to be
held to fill a full length term for same Seat) shall be deemed to be a single election for
the purposes of this section.
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2.52.120 Prohibition on Transfers.
A. No candidate for city elective office shall make any contribution from campaign funds
to another candidate running for city elective office or to a candidate for a non-city
elective office. This section shall not prohibit a candidate from making a contribution
from his or her own personal funds to his or her candidacy or to the candidacy of any
other candidate for elective office.
B. No candidate shall use or transfer contributions received for one campaign for city
elective office to any other campaign by the same person as a candidate for the same
office or any other elective office consistent with state law, except that a candidate
eligible to compete in a consequent runoff contest may transfer contributions received
for the predecessor election contest to that candidates campaign committee for the
runoff election contest.
C. The use of any funds which were received prior to January 1,1989, shall be governed
by the Political Reform Act (Government Code Section 81000 et seq.) and any
regulations adopted by the Fair Political Practices Commission pursuant thereto.
2.52.130 Contents of City Campaign Statements.
A. All city campaign statements required to be filed with the city clerk pursuant to this
ordinance shall contain the following information:
1. The information required by Government Code Section 84211 and any
administrative regulations adopted pursuant thereto; and
2. Any information required by the city clerk.
B. All city campaign statements required to be filed with the city clerk pursuant to this
ordinance, shall be on a form prescribed by the city clerk. To the extent practicable,
such form should be similar to, or consolidated with, those required by state law.
2.52.140 Duties of Treasurers and Candidates.
All city campaign statements filed under this ordinance shall be signed under penalty
of perjury and verified by both the candidate and the campaign treasurer. The verification
shall state that the candidate and the campaign treasurer have used all reasonable diligence
in its preparation, and that to the best of their knowledge it is true and complete.
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
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required to conduct an investigation to determine whether or not a candidate has an
obligation to file a city campaign statement.
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.
2.52.160 Audits.
A. The city finance director may make, or have made, investigations or audits with
respect to any city campaign statements required by this ordinance, or any campaign
accounts for city elective office maintained by any candidate, at any time between the
last day for filing a declaration of candidacy for a city elective office and one year
following the date of the election in which a candidate is elected to that city elective
office.
B. Any candidate whose campaign statements are subject to an investigation or audit by
the city shall provide the finance director with all financial records, documents and any
other information or material required by the finance director.
2.52.165 Disqualification and Disclosure.
A. Disclosure of Contribution; Limit.
Prior to rendering any decision in a proceeding involving a license, permit or other
entitlement for use pending before the city, each councilmember who received a
campaign contribution during any campaign for office in the last four years in an
amount of more than one thousand dollars ($1,000) in the aggregate, from a party,
participant, or their agents, or officers or agents of an organization party or participant,
shall disclose that fact on the record of the proceeding.
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B. Disqualification Limit.
No such councilmember shall make, participate in making, or in any way attempt to
use his or her official position to influence the decision in a proceeding involving a
license, permit, or other entitlement for use pending before the city if the
councilmember has willfully or knowingly received a contribution in an amount of more
than one thousand dollars (~1,000) in the aggregate, in any campaign during the last
four years from a party, participant or their agents, or from officers or agents of an
organization party or participant; provided, however, that the councilmember knows
or has reason to know that the party, participant or other agents or officers have a
financial interest in the decision, as that term is described with respect to public
officials in Article 1 (commencing with Section 87100) of Chapter 7 of the
Government Code.
C. When a councilmember runs for reelection the same disclosure and disqualification
requirements set forth in "A" and "B" above apply during his or her current term of
office for contributions received towards his or her reelection.
D. Parties and participants to a proceeding before the city council involving a license,
permit, or other entitlement for use shall disclose on the record of the proceeding any
contribution in an amount of more than one thousand dollars (~1,000) in the
aggregate, made at any time during the prior four years by the party, participant, their
agents, or from officers or agents of an organization party or participant, to any city
council member.
E. For the purposes of disclosure and disqualification under subdivisions B and C,
aggregation shall occur regardless of whether the contribution activity of an
organization's officers and agents is financed, maintained or controlled or at the
behest, consent or encouragement of an organization or another person or not.
F. The provisions of Government Code Section 84308, its implementing regulations, and
the administrative interpretations thereof by the FPPC shall be utilized in applying the
provisions of this section.
2.52.170 Criminal Sanctions.
Any knowing or willful violation of any provision of this chapter may be prosecuted
either as an infraction or as a misdemeanor at the discretion of the prosecutor.
2.52.180 Injunctive Relief.
Any candidate or other resident of the city may bring an action, at any time, in a court
of competent jurisdiction to enjoin actual or threatened violations or, or to compel compliance
with, or to obtain judicial declarations regarding, the provisions of this ordinance.
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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 is 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 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 clerk 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.
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2.52.200 Severability.
If any provision of this ordinance, or the application of any such provision to any
person or circumstances, shall be held invalid, the remainder of this ordinance 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 ordinance are severable.
SECTION I1: This ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its second reading and adoption.
Pres~/~ed and A pro~ as to form
~lruce~M. Boo~aard, City ~ney
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of December, 1995, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley Horton, Mayor
ATTEST:
Beverly ~. Authelet, Ci;~y 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. 2654 had its first reading at a regular meeting held on the 21st
day of November, 1995 and its second reading and adoption at a regular meeting of said City
Council held on the 5th day of December, 1995.
Executed this 5th day of December, 1995.
Beverly A/Authelet, City Clerk