HomeMy WebLinkAboutAgenda Statement 1989/02/14 Item 15
COUNCIL AGENDA STATEMENT
Item ,:.-J.5-'---' 17
Meeting Date 2/H/8~ .;;., /;1./ /?7
ITEM TITLE:
Ordinance ?J. '11- Adding
Municipal Code Regulating
City Attorney~'
Chapter 2.52 to the
Campaign Contribut1ons
Chula Vista
SUBMITTED BY:
(4/5ths Vote: Yes_No~)
The proposed ordinance would initiate a $250 campaign contribution limitation
in city elections and would allow contributions from individuals only.
RECOMMENDATION: Place the Ordinance on its First Reading
BOARDS/<:X:J.1MISSIONS RECOMMENDATION:
by the Charter Review Corrunittee.
The ord1nance was unanimously approved
DISCUSSION:
At a j01nt meet1ng with the Charter Review Committee on January 12, 1989, the
City Council reviewed the proposed ordinance and made some suggested changes.
TY changes have been incorporated in the ordinance and are underlined.
Co~ _il directed that this matter be placed on the February 14 agenda in order
to allow staff to attend the FPPC \Iorkshop on January 23 to determine if that
would require any further changes.
The one issue that carne up as a result of the FPPC Seminar is the question of
regulation of funds received prior to the effective date of Proposition 73.
The FPPC has adopted extensive regulations on their use and these regulations
are now the subject of lit1gation brought by Common Cause. It is my
recommendation that we add a sUbsection 'c' to Section 2.52.120 which deals
with prohib1t1ons on transfers whereby we leave this matter to state law. If
Cornmon Cause succeeds in their lawsuit, that will become the new law and it
won't require any further change in our ordinance.
The maJor features of the ord1nance are that it limits contributions to $250
from individuals and it prohibits contributions from business entities and
PACs in any amount. COnsistent w1th the new state law, a candidate would not
be able to transfer funds to any other candidate or for use in running for a
different office. The major features of the ordinance are further described
in the report of October 11, 1988, which is attached hereto.
The changes in the ordinance which resulted from the joint meeting are
primarily for the purposes of clarification. The ordinance more clearly
spells out that the limitation 1S not $250 per year, but rather $250 for the
entire period between elections. A candidate becomes personally liable for
a ,xcess funds collected (~2.52.050). Loans must be personally and solely
gt.___anteed by the candidate (1;2.52.090). Violations involving illegal
Agenda Item No. ~ 17
Meeting Date: 2/14/89
Page Two
contributions of $2500 or more are deemed a crime of moral turpitude which can
result in loss of the office. Finally, the ordinance makes it clear that
"contributions" are defined identically with the Political Reform Act
def~n~t~on found in Government Code Section 82015 and any regulations adopted
pursuant thereto by the Fair Political Practices Commission.
FISCAL IMPAcr: N/A
5255a
~ffJHcL
bY -hG City Council of
Chula Vistu, California
Dated
:2- ::1.7 - '81
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