HomeMy WebLinkAbout2010/10/12 Item 8
CITY COUNCIL
AGENDA STATEMENT
~~ !'~'::
~\ft- CITYOF
-_1--: (HUlA VISTA
OCTOBER 12, 2010, Item No. _'?:>
ITEM TITLE:
REPORT ON THE COMPARISON OF THE CITY'S
CAMPAIGN CONTRIBUTION ORDINANCE TO THE
POLITICAL REFORM ACT AND POTENTIAL
ENFORCEMENT BY TI-IE FAIR POLITICAL PRACTICES
COMMISSION
BART C. MIESFELD, CITY ATTORNEY
CITY ATTORJ'\)EY J3Cv~
4/5THS VOTE: YES D NO 0
SUBMITTED BY:
REVIEWED BY:
SUMMARY
At the July 13, 2010 City Council meeting, the Council directed the City Attorney to
review the City's Campaign Contributions ordinance to determine which of its provisions
are duplicative of the Political Reform Act ("PRA"), in order to determine whether, and
to what extent, the Fair Political Practices Commission ("FPPC") could enforce the
ordinance. This item is brought forward as the result of that review.
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ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity may have a signitlcant effect on the
environment because it does not involve a physical change to the environment; therefore,
pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject
to CEQA. Thus, no environmental review is necessary.
RECOMMENDA nON
That the City Council accept the report and provide direction to staff as it decms
appropriate.
BOARDS/COMMISSION RECOMMENDA nON
Not Applicable.
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DISCUSSION
I. BACKGROUND
The City's Charter requires the City Council to "adopt reasonable regulations related
to campaign contributions" in order to "avoid the potential for undue or improper
influence over elected officials resulting from excessive campaign contributions." The
regulations must be contained within the City's Municipal Code. J Chula Vista Municipal
Code Chapter 2.52, entitled, "Campaign Contributions,"' was enacted in 1989, in
compliance with the Charter requirement.
At the May 25, 2010 City Council meeting, the Council discussed the Campaign
Contributions ordinance and some Council members expressed concerns with the
ordinance. The Council directed the City Attorney to review the ordinance and return to
Council with recommendations regarding potentially repealing or amending the
ordinance. At the June 15,2010 City Council meeting, Councilmember Ramirez initiated
further discussion of the ordinance. The discussion centered on the potential for repealing
Section 2.52.140, which contains the enforcement provisions of the ordinance. During the
discussion, certain Council members voiced concerns regarding the ordinance, including
the costs that the City has incurred to investigate complaints filed in recent years,
potential abuses, and the possibility of duplication of the enforcement efforts of other
agencies. As a result, the Council directed the City Attorney to return to the Council on
June 22, 2010 to present the Council with potential options for suspending enforcement
of the ordinance, pending the outcome of the City Attorney's comprehensive review and
analysis. The Council ultimately voted to amend the ordinance to suspend Section
2.52.140 for 180 days. .
On July 13, 2010, the Council again discussed the Campaign Contributions
ordinance. That discussion centered primarily on enforcement of the ordinance. At the
end of the discussion, the Council directed the City Attorney to review the ordinance to
determine which of its provisions are duplicative of the PRA, in order to determine
whether, and to what extent, the FPPC could enforce the ordinance. The Council directed
the City Attorney to return to the Council to report the results of the ordinance review.
The report presented to you today is the result of that review.
II. COMPARISON OF THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO TilE PRA
The Campaign Contributions ordinance can be found at Chula Vista Municipal Code
("CYMC") Chapter 2.52. Sections 2.52.040 through 2.52.120 set forth the substantive
provisions of the ordinance regarding certain requirements and prohibitions applicable to
each individual seeking a City elective office, and that candidate's committees and
agents.2 Those sections are identified by title below:
2.52.040
Campaign Contribution Limits
1 Chula Vista City Charter, Sec. 904
2 See, CVMe Section 2.52.030.0. (Attachment 1 to this Agenda Statement contains the entire text of the
City's Campaign ContTibutions ordinance for the Council's reference.)
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2.52.050
2.52.060
2.52.070
2.52.080
2.52.090
2.52.100
2.52.110
2.52.120
OCTOBER 12,2010, Item 'B
Page - 3 -
Loans
Notice Regarding Personal Funds
Campaign Contribution Account
Surplus Campaign Funds
Return of Prohibited Contributions
Written Solicitations by Candidates
Campaign Statements
Contributions for Legal Defense
In response to the Council's referral, we compared each of the above sections to the
PRA. We also contacted the FPPC to determine their willingness to handle violations of
the City's ordinance. Our findings are set forth below.
A. FPPC
. The FPPC is charged with administration, implementation and enforcement of the
PRA3 Based on our discussions with FPPC staft~ it is clear that the FPPC would not take
up a complaint filed under our local ordinance. In addition, the ordinance requires that the
"Enforcement Authority" consist of attorneys selected from a panel established by the
City Attorney.4 The FPPC investigators often are not attorneys. Thus, there is a good
argument to be made that the City could not designate enforcement of its ordinance to the
FPPC, even if the FPPC was willing to accept the task. This argument could be obviated
by amending the ordinance to change the "Enforcement Authority" definition and
eliminate the requirement that it consist solely of attorneys. However, based on the
FPPC's indication that it would not enforce our ordinance, there does not seem to be any
value in such an amendment.
Notwithstanding the above, the FPPC, of course, has jurisdiction over
investigating alleged violations of the PRA. Thus, to the extent the substantive provisions
of the City's ordinance mirror the PRA, the FPPC would have the ability to investigate
and mete out penalties lor actions that violate the PRA. With that in mind, we have
compared each substantive section of the City's ordinance to the PRA to determine which
of the provisions are replicated in state law. Those findings are set forth below:
B. Campaign Contributions Ordinance Provisions
1. Campaign Contribution Limits - Section 2.52.040
a. Sub-section 2.52.040.A.
This section imposes a $300 limit on the amount that a person can
contribute to a local candidate's campaign5 State law does not set limits on the financing
of local elections. Rather, local governmental entities retain the statutory authority to
adopt local ordinances regulating campaign finance issues, to the extent the local
] Cal. GOy't Code SS83111; 91000, et seq.
.\ CVMC SS2.52.030.H; 2.52. 140.C.
5
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OCTOBER 12,2010, ltem_ 8
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ordinance does not prevent compliance with the PRA6 As a result, any complaints about
contribution limits are necessarily local in nature and cannot be prosecuted by thc [,PPC.
There is one notable exccption to the above. Government Code section
84308 prohibits an agency officer trom accepting a campaign contribution of more than
$250 from someone with business pending before the agency. For purposes of that
section, "agency" is defined to exclude local agencies whose members are elected7 As a
result, this cap would not apply to a Council member running for re-election to the
Council; however, it would apply to a Planning Commissioner's campaign for Council.
Thus, in the limited case that a contribution of more than $300 is made to a sitting
Commissioner by a person or entity with business before the Commission while the
Commissioner is campaigning for local elective otlice, the donation would violate both
2.52.040 and Government Code section 84308 and could be the subject of an FPPC
investigation.
b. Sub-section 2.52.040.B.
This section prohibits campaign contributions by organizations. The
PRA does not have a similar provision and, thus, the FPPC would not enforce such a
prohibition.
c. Sub-sections 2.52.040.C. and D.
These sections prohibit making contributions in another's name, and
aggregating husband and wife contributions. The PRA contains similar provisions
[California Governmcnt Code scctions 84301 and 85308(a), respectively]. We found
nothing in our research that limitcd these provisions to state offices. Thus, thc FPPC
could potentially enforce thcse provisions at the local candidate level. During our
discussions with FPPC statI, they stated that they would not do so. However, we are
aware of them having enforced section 84301 with respect to contributions made to a
prior Chula Vista Councilmcmber.
d. Sub-section 2.52.040.E.
This section prohibits a contribution from being made sooncr than II
months prior to an election. The PRA does not havc a similar provision and, thus, the
FPPC would not enforce such a prohibition.
e. Sub-sections 2.52.040.F., G. and H.
These sections address contributions madc after the date of an election,
contributions for a special elcction prior to the requisite general election, and carry-ovcr
contributions. Thc PRA has similar provisions (Govcrnment Code sections 85316, 85318,
and 85317, respectively). However, these PRA sections specificalIy state that they apply
only to state elective office. Thus, they would not apply to the City's elections and the
FPPC would have no ability to cnforce such provisions for our local elections.
G Cal. GOY'! Code ~~ 81013, 85703(a).
7 Cal. GOY'! Code 984308(a)(3).
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OCTOBER 12, 2010, Jtem~
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In summary, potentia! FPPC enforcemcnt of the campaign contribution
provisions of the City's ordinance would bc limited to: contributions to the campaign of a
commissioner running for local elective oftlce, and, conceivably, the bans on making
contributions in another's name and aggregating husband and wifc contributions.
2. Loans - Section 2.52.050
This section prohibits a candidate from making a personal loan to his or her
campaign in excess of $5,000 and limits loans from others to the $300 contribution limit.
The PRA contains a $100,000 limit for contributions to one's own campaign, but that
limit applies only to candidates for elective state offices The contribution limit for other
loans is tied to Section 2.52.040 which, as explained above, does not have a comparable
PRA section. Thus, other than enforcing the requirement that any loan of more than $100
be reported,9 the FPPC would not take any action regarding campaign loans.
3. Notice Regarding Personal Funds - Section 2.52.060
This section imposes certain notice requirements on candidates who expend
more than $5,000 on their campaigns. The reporting requirements are strictly local in
nature and only require notice to the City Clerk and opposing candidates. There is no
comparable local noticing requirement in the PRA. Local candidates are, of course,
required to comply with the PRA candidate reporting requirements, but the FPPC would
not enforce local noticing rules.
4. Campaign Contribution Account - Section 2.52.070
This section specifies that a candidate's contribution account must bc
established in San Diego County and requires that all personal funds to bc expended Or
contributed by a candidate be deposited in the account. The PRA requires that the
account be established within California. to Thus. the FPPC would not enforce the local
establishment requirement. The PRA also requires that contributions or loans to the
candidate and personal funds to be used for the election bc deposited in the account and
that all campaign expenditures be made from the account. 11 Those provisions are not
specific to state elective offices so it is possible that the FPPC would enforce the deposit
and expenditure requirements as to local candidates.
5. Surplus Campaign Funds - Section 2.52.080
This section defines "surplus campaign funds" to be those campaign funds
remaining under a candidate's control at the end of the post-election reporting period for
a campaign in which the candidate was defeated, or upon leaving office. It provides that
those funds can only be used to: (i) repay contributions; (ii) make a donation; or (iii) pay
for reasonably necessary professional services related to a candidate's activities. The
PRA contains a similar definition of surplus campaign funds. 12 It also sets forth permitted
'Ca\. GOY'! Code SS 85307.
, Ca\. GOY'! Code SS 820 J 8. 8421l.
10 Ca\. GOY'! Code S85201(a).
II Cal. GOY'! Code S85201(c)-(e).
12 Cal. GOY'! Code S89519(a).
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OCTOBER 12, 2010, Item~
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uses [(lr those funds.13 Those uses are set forth m section 2.52.080.B and could be
enforced by the FPPC as to local candidates.
6. Return of Prohibited Contributions - Section 2.52.090
Subsection 2.52.090.A. states that a contribution may be returned if not
casheu or deposited and is returned prior to the date on which it would be reported under
the Political Reform Act. This subsection essentially duplicates PRA section 84211( q),
which could be enforced by the FppC. Subsection B. manuates return of contributions
that violate CYMC Chapter 2.52, within 60 days of receipt. That subsection does not
replicate state law and would not be enforced by the FPPe.
7. Written Solicitations by Candidates - Section 2.52.100
This section requires that candiuatcs provide notice of the $300 campaign
contribution limit set forth in CYMC 2.52.040. This is a local notice requirement
regarding a local campaign requirement. The FPPC would not enforce the City's own
notice requirement.
8. Campaign Statements - Section 2.52.110
This section reiterates the PRA requirement that campaign statements be tlled
with the City Clerk. 14 The FPpC does have jurisdidion to enforce this requirement.
9. Contributions for Legal Defense Section 2.52.120
This section provides that payments made to a Councilmember, Mayor or
candidate for the purpose of offsetting defense costs, and not used for election purposes
and not made within 100 days of an election, are not considered campaign contributions
for purposes of Chapter 2.52. This is an express exemption to section 2.52.040 and as
such would not be enforced by the FPpC for the same reason the FppC would not enforce
the underlying prohibition.
For the Council's reference, we have summarized the results of the CYMC/PRA
comparison in the following chart:
CYMC SECTION AND SUB-SECTION COMPARABLE PRA POTENTIAL FOR FPPC
TITLE SECTION ENFORCEMENT OF
COMPARABLE PROVISION
2.52.040 - Campaign A. $300 Limit None as to Council Only as to contributions in
Contribution Limits as to Members. excess of $250 made to
Contributions Commissioners
by Individuals CaL Gov't Code 984308 - campaigning for local
$250 limit as to elective office
Commissioners running for
local elective onice
13 Cal. GOY'! Code ~89519(b).
14 Cal. GOY'! Code ii84215(e).
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OCTOBER 12, 2010, ftem~
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CVMC SECTION AND SUB-SECTION COMPARABLE PRA POTENTIAL FOR FPPC
TITLE SECTION ENFORCEMENT OF
COMPARABLE PROVISION
2.52.040 - Cmnpaign B. None. No
Contribution Limits Contributions
(cont'u.) from
Organizations
C. Ca!. GOy't Code 984301 Yes
Contributions
Made in
Another's
Name
D. Aggregation Ca!. GOy't Code 985308(a) Yes
of Husbanu and
Wife
Contributions
E. None No
Contributions
Made More
than 11 Months
Prior to an
Election
F. Contributions Ca!. GOy't Code 985316- No
Made After an applies to state elections
Election only
G. Ca!. GOy't Code 985318- No
Contributions applies to state elections
for Special only
Election
H. Carry-oyer Ca!. GOy't Code 985317 - No
Contributions applies to state elections
only
2.52.050 - Loans A. Loan by Ca!. GOy't Code 985307 - No
Candidate applies to state elections
Limited to only
$5,000
B. Loan by None No
Another
Limited to $300
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OCTOBER 12,2010, Item 5
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CVMC SECTION ANI> SUB-SECTION COMPARABLE PRA POTENTIAL FOR FPPC
TITLE SECTION ENFORCEMENT OF
COMPARABLE PROVISION
2.52.060 - Notice None No
Regarding Personal
Funds
2.52.070 - Campaign Cai. Gov't Code FPPC could require that it be
Contribution Account g85201(a) - Requires in California, but not within
the Account to be in San Diego County
California
2.52.080 - Surplus CaI. Gov't Code Yes
Campaign Funds g89519
2.52.090 - Return of A. Uncashed Cai. Gov't Code Yes
Prohibited Contributions Contributions g84211(q)
B. Contributions None No
in Violation of
Code
2.52.100 - Written None No
Solicitations by
Candidates
2.52.110 - Campaign CaI. Gov't Code Yes
Statements ~84215(e)
2.52.120 - Contributions None No
for Legal Defense
III. OPTIONS FOR ENFORCEMENT OF THE CAMPAIGN CONTRIBUTIONS ORmNANCE
It is our understanding that the Council is seeking options for decreasing the cost
of enforcing the Campaign Contribution ordinance and mitigating potential abuse of the
ordinance. Because the City's Charter requires the City to "adopt reasonable regulations
related to campaign contributions," it is our recommendation that the City retain the
ordinance. However, we have identified some potential options for amending the
ordinance to address the Council's concerns. Those options are discussed below.
A. Narrow the Seupe of the Ordinance
One option would be for the Council to conduct a comprehensive review of
the ordinance to determine which of the substantive provisions should be retained, which
could be amended, and which should be eliminated. This would allow the Council to
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OCTOBER 12, 2010, Item_'6
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prioritize the provisions of the ordinance. This approach would be aimed at narrowing the
scope of the ordinance and, thereby, limiting the potential violations to only those which
the Council determines should be retained. Doing so would focus the ordinance and
necessarily decrease the opportunity forpotential violations.
B. Limit the Role of the Enforcement Authority
Another approach would be to amend the ordinance to modify the role of thc
Enforcement Authority. Currently, Section 2.52.140(1) states that, where the FPPC or
other state agency has received a complaint based on the facts underlying a complaint
filed with the City and those facts constitute a violation of state law, the special counsel
may declinc to investigate. However, it is within the Enforcement Authority's diseretion
as to whether or not to conduct the investigation. The ordinancc could be amended to
provide that, in the case vvhere a complaint alleges facts that would be violative of state
law, the Enforcement Authority would refer the complaint to the appropriate state
agency, and would not conduct a separate investigation. This approach would eliminate
the duplication of efforts by the City and other agencies and, consequently, reduce the
City's cost exposure.
C. Designate Elected City Attorney as Enforcement Authority
Finally, in contemplating potential ordinance amendments, the Council may
want to consider the fact that, starting in December 2010, the City Attorney will be an
elected official. Section 2.52.140.A. prohibits thc City Attorney from investigating
alleged violations of the ordinance and requires the retention of special counsel to do so.
Presumably, this was intended to avoid the potential conflicts that might have resulted if
the City Attorney were called upon to investigate a memher of the Council which
appointed and oversees him or her. That conflict may not be present with thc transition to
an elected City Attorney, who would not be appointed by, or report to, the City Council.
As a result, that official may be able to assume the enforcement duties of the ordinance,
without creating a conflict of interest. That would save the City the cost of retaining
special counsel. Because the current City Attorney is appointed and there may be a
conflict of interest in opining on this option, we have not done so. However, if the
Council is interested in pursuing this option, it could retain outside counsel to provide an
opinion on the legality and advisability of such an approach.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently, the 500-foot rule found in California Code of
Regulations section 1 8704.2(a)(l ), is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The General Fund currently reflects a budget of $100,000 to investigate alleged
violations ofthe City's Campaign Contributions Ordinance.
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OCTOBER 12, 2010, Item m
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ONGOING FISCAL IMPACT
Eliminating the requirement to investigate alleged violations of the Campaign
Contributions Ordinance would result in budgetary savings of $100,000. There would
continue to be unanticipated litigation expenses if the City was required to pay for
attorney services on behalf of the City employee being investigateu.
ATTACHMENTS
Chula Vista Municipal Code Chapter 2.52
Prepared by Jill D.S. ll/faland, Assistant City Attorney, ()ffice afthe City Attorney
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Chula Vista Municipal Code
It'-\~ -I<;:) - -1.-~"'t '2,
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
2.52.110
2.52.120
2.52.130
2.52.140
2.52.150
2.52.160
Chapter 2.52
CAMPAIGN CONTRIBUTTONS*
Purpose and intent.
Interpretation of this chapter.
Definitions.
Campaign contribution limits.
Loans.
Notice regarding personal funds.
Campaign contribution account.
Surplus campaign funds.
Return of prohibited contributions.
Written solicitations by candidates.
Campaign statements.
Contributions for legal defense.
Duties of City Clerk.
Enforcement.
Penalties.
Severability.
* Prior legislation: Ords. 2198, 2334, 2391, 2434. 2581,
2054,2061,2769,2849 and 2955
2.52,010 Purpose and intent.
In enacting this chapter, the City Council finds
and declares that mouerate 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 ;f 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 contributions by individuals only;
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. 3086 ~ I, 2007).
2.52.020 Interpretation of this chapter,
A, 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.
B. The terms of this chapter are applicable to
any contributions made to a candidate or candi-
date-controlled committee whether used by the
candidate to finance a current campaign or to pay
debts incurred in prior campaigns.
C. Revisions to this chapter tJke effect on
December 13, 2007, and are applicable to all con-
tributions received by candidates seeking City
elective office in the general election of June 2008
and any election thereafter. Any candidate for City
elective office participating in the general election
of June 2008 shall have a grace period of 60 days
from the effective dak, as stated in this subsection,
to repay any campaign contributions made or
received prior to the effective date of the revisions
in connict with or in violation of any provisions of
this chapter. A candidate repaying any campaign
contrihutions or loans during this 60-uay grace
period shall provide written notice to the City
Clerk of the repayment within three business days,
defined as Monday through Friday and excluding
City holidays, of the repayment. (Ord. 3086 Ii I,
2007).
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 agept is also acting as an employee or
member of a law, architectural, engineering or con
suiting firm, or a similar entity ur 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 cooperJtion, consulta-
tion, coordination, or concert with, at the request or
suggestion of. or with the express prior consent of.
C, "Campaign contribution account" is that
account in which all contributions or loans made to
the candidate shall be deposited as required by
Government Code Section 8520 I.
D. "Candidate" means any individual seeking
any City elective office, the candidate's campaign
committee, committee(s) controlled by the candi-
date, agents of the candidate.
E. "City campaign .statement" means the state-
ment which, to the extent practicable, shall be sim-
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2-77
(Revised 2/08)
2.52.040
I b -\~ _ lO J:::n;;~ {,
ilar to or consolidated with thut required by state
law.
E "City elective office" means the offices held
by the Mayor or members of the City Council. The
"same City elective office," as used herein, means
the specific Council seat numbered one. two, three,
or four or the specific seat held by the Mayor as
defined by Charter Section 300(C).
G. "Contribution" is defined in a manner iLlen-
tical with the definition found in Government Code
Section 82015. contained within the Political
Reform Act, and any related provisions in the Cal-
jfornia Code: of Regulations.
H. "Enforcement authority," under this chapter,
means that special counsel appointed by the City
Attol11ey pursuant to CVMC 2.52.140.
I. "General election" is that election identified
by Chalter Section 900, which is combined with
the state primary ejection.
J. "Independent expenditure committee" is as
defined in the Political Reform Act, which sup-
ports 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 com-
parable amount of funds otherwise owned by, or
under the control of, the committee be used to sup-
port or oppose a particular candidate for a City
elective office. This type of committee is not con-
trolled by the candidate.
K. "Organization" means a proprietorship,
labor union, firm, partnership, joint venture, syndi-
cate, business, trust, company, corporation, associ
ation, or committee, including a political action
committee.
L. "Person" means a natural individual.
M. "Political Reform Act" means the Califor-
nia Political Reform Act of 1974, as amended,
found at Government Code Section 81000 et seq.,
and includes regulations adopted by the Fair Polit-
ical Practices Commission.
N. "Single election contest" means either a gen-
eral or special election.
O. "Special election" is defined in Charter See
tion 90 I as all other municipal elections that may
be held by authority of the Charter or of any law.
(Ord. 3086 S 1,2007).
2.52.040 Campaign contribution limits.
A. No person, other than a candidate, shall
make a contribution in excess of $300.00 to a can
did ate 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 genera! anu spe~
cial elections.
B. No organization shall make a contribution to
any candidate or candidate controlled campaign
committee. This chapter shall not apply to contri-
butions made to a committee that is organized
solely for the purpose of supporting or opposing
the qualification for the ballot or adoption of {Jne or
more City measures. 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 hy that
organization or other person. If the contribution is
deemed made by an organization, it is prohibited.
C. No individual or combination of inoividuals
acting jointly shall make directly or indirectly a
contribution in the name of another individual or
combination of individuals.
D. Contributions by a husband and wife shall
he 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.
E. No person shall make a contribution to any
candidate and no such candidate shall accept from
any person such a contribution sooner than 11
months preceding a single election contest.
F. A contribution for an election may be
accepted by a candidate after the date of the elec-
tion 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.
G. A candidate may not solicit or accept contri-
butions for a special election prior to the holding of
the general election for that office.
H. A candidate may carryover contributions
raised in connection with one election for City
elective office to pay campaign expenditures
incurred in connection with a subsequent ejection
for the same City elective office. (Ord. 30811 ~ I,
20071.
2,52,1l511 Loans,
A. A candidate shall not personally loan to his
or her campaign funds, with the intent to receive
repayment of those funds, an aggregate amount in
excess of $5,000 for a single election contest.
B. A loan or extension of credit shall he consid-
ered a contribution from the maker of the loan or
extender of credit and shall be subject to the contri
bution limit of $300.00 per person, pursuant to
(Revised 2/08)
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Chula Vista Municipal Code
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2.52.100
CVMC 2.52.040 The $300.00 contribution limit
does not apply to loans made to a candidate for the
purpose of a campaign by himself or herself or 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 c~mdi
date is personally liable. (Ord. 3086 ~ I. 2007).
2.52.060 Nntice regarding personal funds.
If a candidate spends or contributes personal
funds of morc than $5,000 aggregate, in connection
with a campaign for a single election contest. a
candidate shall do all of the following:
A. Prior to spending or contributing the per-
sonal funds, the candidate shall provide written
notice of the candidate's intent to spend or contrib~
ute more than $5,000 of persona! funds to the City
Clerk and all opponent candidates. The notice shall
be delivered personally or sent by registered mail
to the last known address of the opponent candi-
dates as shown in the records of the City Clerk and
shall specify the amount of personal funds intended
to be expended or contributed. The notice shall also
provide the date the personal funds shall be depos-
ited into the candidate's campi1ign contribution
account, as required by CVMC 2.52.070(B). Sepa-
rate notice is also required for every separate
deposit of personal funds of any amount that is a
contribution from a candidate to his or her cam-
paign once the candidate has spent or contributed
more than $5,000 in personal funds in connection
with the campaign for a single election contest.
B. The required notice shall be given no later
than 21 days prior to the election, unless the expen-
diture or contribution occurs during the 21 days
preceding the election, in which case the required
notice shall be provided 24 hours prior to deposit
into the candidate's campaign contribution
account. (Ord. 3086 ~ I, 2007).
2.52.070 Campaign contribution account.
A. The campaign contribution account required
by Government Code Section 85201 (a) sholl be
established at a financial institution located in San
Diego County.
B. All personal funds to be expended or con-
tributed by a candidate, including all loans of per
sonal funds, shall first be deposited in the
candidate's campaign contrihution account. (Ord.
3086 ~ 1, 2007)
2.52.080 Surplus campaign funds.
A. Upon leaving any elected office, or at the
end of the post-election reporting period following
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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.
B. Surplus campaign funds shall he used only
for the following purposes:
1. To repay contributions, including loans to
oneself up to an amount of $5,000.
2. To make a donation to any bona fide char-
itable, educational, civic, religious, or nonprofit
organization, where no substantial pan 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 treJsurer.
3. To pay for professional services reason-
ably required by the candidate or candidate-con-
trolled 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 for
a violation of state or local campaign, disclosure,
or election laws, and an action from JI1 election
contest or recount. (Ord. 3086 ~ I, 2007).
2.52.090 Return of prohibited contributions.
A. A contribution need not be reported nor shall
it be deemed accepted if it is not cashed, negoti-
ated, or deposited and is returned to the contributor
before the closing date of the campaign statement
on which the contribution would otherwise be
reported, as provided by the California Political
Reform Act.
B. If a contripution is tendered and would be in
violation of this chapter, it shall be returned by the
candidate to the contributor within 60 days of
receipt by the candidate. (Ord. 3086 * 1, 2007).
2.52.100 Written solicitations by candidates.
Any candidate making a written solicitJtion 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
The City of Chula Vista Municipal Code
limits contributions to campaigns for City
elective office to three hundred dollars per
person.
(Ord. 3086 ~ I, 2007).
(Revised 8/10)
2.52.110
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2.52.11H Campaign statements.
Each candidate shall file campaign statements
with the City Clerk in the time and manner as
required by the Political Reform Act of 1974 as
amended (Government Code Section 84100 et
seq.). Compliance with the requirements of that
Act shaH be deemed to be compliance with this
chapter. (Ord. 3086 S 1,20(7).
2,52.120 Contributions for legal defense.
Notwithstanding anything cuntained herein to
the contrary, a payment to or for the benefit of a
Councilmember, Mayor, or candidate made and
used for the express purpose of offsetting costs
already incurred by that Councilmember, Mayor,
or candidate in the defense of a criminal or admin-
istrative prosecutorial action against said Coun-
cilmember, Mayor, or candidate and not made or
used for the purpose of aiding in the election of
said Councilmembcr, Mayor. or candidate, and not
made .within (before or after) lOO days of an elec-
tion in which the Councilmernher, Mayor, or can-
didate is competing for a seat or office, shall not be
deemed to be a contribution for the purposes of this
chapter. (Ord. 3086 S 1, 2007).
2.52.130 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 pre-
scribed 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 persons and known com
mittees who have failed to file a documeot in the
form and at the time required by state law.
D. Report alleged violations of this chapter
filed pursuant to CVMC 2.52.l40(E) and applica-
ble state law to the enforcement authority.
E. Compile and maintain a current list of all
statements or parts of statements filed with the City
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. 3086 S 1,2007).
2.52.140 Enforcement. *
A. The City Attorney shall oot 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 palty.
B. The enforcement authority, as defined by
this chapter, shall investigate or prosecute 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
the enforcement authority 11 months prior to a
general election. As part of the annual budget pro-
cess, the City Council shall appropriate no less than
$100,000 to fund the retention of special cOllnsel to
serve as the enforcement authority. These funds
shall be separate from the City Attorney's budget
and used solely for the investigation and prosecu-
tion of alleged violations of this chapter.
D. The City Attorney shall appoint a panel of
no less than three attorneys to act as the enforce
ment authority. These attorneys shall be compen-
sated by the City. Should the appointment of
additional special counsel hecome necessary or
appropriate, the City Attorney shall appoint such
additional special counsel as may be reguireJ. 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 violations of this chapter sball
be submitted in writing, under penalty of perjury,
by a resident of the City to the City Clerk. The
complaint shall state a full recitation of all facts
that are alleged to constitute a violation uf this
chapter.
F. The City Clerk shall forward the complaint
to the enforcement authority within five working
days of receipt for a probable cause determination.
If no probable cause is determined to exist, the
complaint shall be dismissed summarily and inter-
ested parties shall be notified of the dismissal in
writing.
G. If probable calise is determined to exist, the
enforcement authority shall take further investiga-
tory 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 enforcement authority. The enforce-
ment authority may also commence and prosecute
any necessary administrative proceedings or civil
litigation to compel compliance with this chapter.
No enforcement Or prosecution or action by the
(Revised 8/10)
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Chub Vista Municipal Code
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2.52.160
enforcement authority shall be subject to the
review or control of the City Attorney or City
Council.
L The special counsel, serving as the enforce-
ment authority, may investigate and may institute
legal action to prevent further violations. The spe-
cial counsel may decline to investigate if the alle-
gation is also a violation of state law, and is the
subject of a complaint filed with the Fair Political
Practices Commission.
J. Criminal prosecution for violations of this
chapter must be commenced within one year after
the uate on which the violation occurred.
K. Civil prosecution for violation of this chap-
ter must be commenced within four years after the
date on which the violation occurred. No adminis-
trative action alleging a violation of any of the pro
visions of this chapter shall be commenced more
than five years after the date on which the violation
occurred. If the person alleged to have violated a
provision of this chapter engages in the fraudulent
concealment of his or her acts or identity, the five-
year period for administrative actions shall be
tolled for the period of concealment. For purposes
of this subdivision, "fraudulent concealment"
means the person knows of material facts related to
his or her duties under this chapter and knowingly
conceals them in performing or omitting to per-
form those duties, for the purpose of defrauding the
public of information to which it is entitled under
this title.
L. Special counsel, serving as the enforcement
authority, shall be immune to liability for enforce-
ment of chapter. (Ord. 3086 !j 1, 2007).
* Code reviser's note: Ordinance 3159 suspends the
application of the provisions ofCVMC 2.52,140 until
\20 days nftt:r the date of its final adoption (Novem-
ber 10, 20 I 0), or upon enactment of an amendment to
CYMe 2.52.140, whichever comes first,
2,52,150 Penalties.
A. Any person who knowingly or willtully vio-
lates any provision of this chapter; who knowingly
or willfully causes, solicits, advises, or participates
with any other person to violate any provision of
this chapter; or who knowingly or willfully 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 or causes any
other person to violation any provision of this
chapter shall be liable in a civil or administrative
action brought by the enforcement authority for an
amount not more than three times the amount the
person failed to report properly or unlawtully con-
tributed, expended. gave or received, or $5,000 per
violation, whichever is greater.
C. This section shall apply only to persons who
have filing or reporting obligations under this
chapter or the Political Reform Act, or who are
compensated for services involving the planning,
organization, or directing any activity regulated or
required by this chapter or the Political Reform
Act.
D. Whether or not a violation is inadvertent,
negligent. or deliberate, and the presence or
ahsencc of good faith shall he considered in apply-
ing the remedies and sanctions of this chapter. Fur-
ther, in determining the amount of civil 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 il1to the City's. general
fund. (Ord. 30~6 S l, 2007).
2.52.160 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-
cumstances other than those as to which it is held
invalid, shall not be affected therehy. and to this
end the provisions of this chapter are severahle.
(Ord. 3081i S 1,2(07).
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(Revised 8/10)
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