HomeMy WebLinkAboutOrd 2011-3179ORDINANCE NO. 3179
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.52, THE
CITY'S CAMPAIGN CONTRIBUTION ORDINANCE
WHEREAS, Chula Vista City Charter section 904 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;" and
WHEREAS, in 1989, the City adopted Chula Vista Municipal Code Chapter 2.52,
"Campaign Contributions," in compliance with the City's Charter requirements, and amended
the Chapter to its current form in 2007; and
WHEREAS, the City Council finds that limitations on campaign contributions have been
found to lessen the appearance of and potential for corruption in the election process and the
potential for undue or improper influence over elected officials; and
WHEREAS, at the May 25, 2010, June 15, 2010, and October 12, 2010 City Council
meetings, certain City Council members expressed concerns regarding the City's campaign
ordinance, including the amount of City resources expended to investigate complaints filed under
the ordinance, potential abuse of the ordinance, and potential duplication of efforts by the City
and other agencies; and
WHEREAS, the Council directed the City Attorney to review the ordinance and return to
Council with a revised ordinance in response to the Council's comments; and
WHEREAS, the City Attorney has undertaken a comprehensive review of the ordinance
and has revised the ordinance accordingly; and
WHEREAS, the City Charter Section 312(e) provides that ordinances may be amended
by reenactment of the affected sections.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I. ACTION
Chapter 2.52 of the Chula Vista Municipal Code is amended as follows:
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Chapter 2.52
CAMPAIGN CONTRIBUTIONS
Sections:
2.52.010 Purpose and intent.
2.52.020 Interpretation of this chapter.
2.52.030 Definitions.
2.52.040 Campaign contribution limits.
2.52.050 Loans.
2.52.060 Notice regarding personal funds.
2.52.070 Campaign contribution account.
2.52.090 Return of prohibited contributions.
2.52.100 Written solicitations by candidates.
2.52.120 Contributions for legal defense.
2.52.130 Duties of City Clerk.
2.52.140 Enforcement.
2.52.150 Penalties.
2.52.160 Severability.
2.52.010 Purpose and intent.
This chapter is intended to supplement, the Political Reform Act of 1974 (California
Government Code sections 81000, et seq.) (the, "PRA"), and the implementing regulations
adopted by the Fair Political Practices Commission (the, "FPPC") (see, California Code of
Regulations, Title 2, Division 6, sections 18110 through 18997). All local candidates should be
awaze that they must comply with this Chapter 2.52, as well as the PRA and the FPPC
regulations, when participating in a local election campaign.
Sections 81013 and 85703(a) of the PRA authorize the City Council to adopt contribution
limitations and prohibitions applicable to elections for local elective office. In enacting this
chapter, the City Council finds and declazes 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 to serve the best interests of the
citizens of this City 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 prevent corruption and avoid the appeazance of corruption by regulating campaign
contributions to candidates for local elective office;
D. To provide full and fair enforcement of all the provisions of this chapter; and
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E. To encourage candidate adherence to election regulations by making them easier to
understand.
2.52.020 Interpretation of this chapter.
A. The terms and phrases in this chapter shall have the same definitions given to them in the
PRA(see, California Government Code sections 82000 through 82054) and the FPPC
Regulations, unless otherwise specified in this chapter.
B. The terms of this chapter are applicable to any contribution made to a candidate or
candidate-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 take effect on February 10, 2011, and are applicable to all
contributions received by candidates seeking City elective office in any election which takes
place after that date.
2.52.030 De£nitions.
A. "Agent" means a person who acts on behalf or at the 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, azchitectural, engineering or consulting firm, or a similaz 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. "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 85201.
D. "Campaign statement" means the campaign statement required by the PRA (see,
California Government Code sections 84200, et seq. ).
E. "Candidate" means any individual seeking any City elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, and agents of the candidate.
F. "City elective office" means the offices held by the Mayor, members of the City Council,
or the City Attorney. The "same City elective office," as that term is used in this chapter, 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), or the specific seat held by the City Attorney.
G. "Contribution" is defined in a manner identical with the definition found in Government
Code Section 82015, contained within the Political Reform Act, and any related provisions in the
California Code of Regulations.
H. "Enforcement authority," under this chapter, means that special counsel appointed by the
City Attorney pursuant to CVMC 2.52.140.
I. "General election" is that election identified by Charter Section 900, which is combined
with the state primary election.
J. "Organization" means a proprietorship, labor union, firm, partnership, joint venture,
syndicate, business, trust, company, corporation, association, or committee, including a political
action committee. "Organization" does not include political party committees, as that term is
defined in California Government Code section 85205.
K. "Person" means a natural individual.
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L. "Political Reform Act" means the California Political Reform Act of 1974, as amended,
found at Government Code Section 81000, et seq., and includes regulations adopted by the Fair
Political Practices Commission.
M. "Single election contest" means either a general or special election.
N. "Special election" is as defined in Charter Section 901.
2.52.040 Campaign contribution limits.
A. No person, other than a candidate, shall make a contribution in excess of $300.00 to a
candidate for a single election contest. No candidate shall solicit or accept a contribution in
excess of $300.00 from a person for a single election contest. A candidate may receive up to
$300.00 from a person in each of the general and special elections. The contribution limit in this
subsection shall be adjusted bi-annually pursuant to subsection 2.52.040.D.
B. No political party committee, as that term is defined in California Government Code
section 85205, shall make a contribution in excess of $1,000.00 to a candidate for a single
election contest. No candidate shall solicit or accept a contribution in excess of $1,000.00 from a
political party committee for a single election contest. A candidate may receive up to $1,000.00
from a political party committee in each of the general and special elections. The contribution
limit in this subsection shall be adjusted bi-annually pursuant to subsection 2.52.040.D.
C. No organization shall make a contribution to any candidate or candidate-controlled
campaign committee. This chapter shall not apply to contributions made to a committee that is
organized solely for the purpose of supporting or opposing the qualification for the ballot or
adoption of one 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 by that organization or other person. If the contribution is deemed bade by an
organization, it is prohibited.
D. The contribution limits set forth in this section shall be adjusted every odd-numbered
year, starting in 2013. The City Clerk shall adjust the contribution limits to reflect any changes in
the Consumer Price Index for the San Diego azea for the two-year period ending on December
315` of the previous year. Adjustments shall be rounded to the neazest ten dollazs. The City Clerk
shall publish a Public Notice of any adjustments by Mazch 15~ of each odd-numbered year, or as
soon after as practicable, following the Bureau of Labor Statistic's release of the applicable
Consumer Price Index data. The adjustments shall go into effect as soon as the public notice is
published but shall apply only to elections held in subsequent yeazs. The adjustments shall not be
construed to raise the contribution limits applicable to past elections or to special elections held
in the same year that the limits are adjusted.
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
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.
G. A candidate may not solicit or accept contributions for a special election prior to the
holding of the general election for that office.
H. A candidate may carry over contributions raised in connection with one election for City
elective office to pay campaign expenditures incurred in connection with a subsequent election
for the same City elective office.
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L The contribution limitations of this section aze not limitations on expenditures and shall
not be construed to limit the expenditures by any candidate, person or committee.
2.52.050 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 be considered a contribution from the maker of the
loan or extender of credit and shall be subject to the contribution limit of $300.00 per person,
pursuant to 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 candidate is personally liable.
2.52.060 Notice regarding personal funds.
If a candidate spends or contributes personal funds of more 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 personal funds, the candidate shall provide written
notice of the candidate's intent to spend or contribute more than $5,000 of personal 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 candidates 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 deposited into the
candidate's campaign contribution account, as required by CVMC 2.52.070(B). Separate notice
is also required for every sepazate deposit of personal funds of any amount that is a contribution
from a candidate to his or her campaign 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
expenditure 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.
2.52.070 Campaign contribution account.
The campaign contribution account required by Government Code Section 85201(a) shall be
established at a financial institution located in San Diego County.
2.52.090 Return of prohibited contributions.
If a contribution 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.
2.52.100 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:
Ordinance No. 3179
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NOTICE
The City of Chula Vista Municipal Code limits
contributions to campaigns for City elective office
to three hundred dollars per person.*
*The dollar amount to be included in this Notice shall be amended bi-annually to reflect any
CPI adjustment to the contribution limit made pursuant to 2.52.040.D.
2.52.120 Contributions for legal defense.
Notwithstanding anything contained 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
administrative prosecutorial action against said Councilmember, Mayor, or candidate and not
made or used for the purpose of aiding in the election of said Councilmember, Mayor, or
candidate, and not made within (before or after) 100 days of an election in which the
Councilmember, Mayor, or candidate is competing for a seat or office, shall not be deemed to be
a contribution for the purposes of this chapter.
2.52.130 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 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 persons and known committees who have failed to file a document in
the form and at the time required by state law.
D. Report alleged violations of this chapter filed pursuant to CVMC 2.52.140(E) and
applicable state law to the enforcement authority.
E. Compile and maintain a cun•ent 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 applicable state laws.
2.52.140 Enforcement.
A. The City Attorney shall not act as the enforcement authority as to 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. The enforcement authority, as defined by this chapter, or the District Attorney, shall
investigate or prosecute alleged violations of this chapter.
C. The Board of Ethics 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.
Ordinance No. 3179
Page 7
D. The Board of Ethics shall appoint a panel of no less than three attorneys to act as the
enforcement authority. These attorneys shall be compensated by the City for work performed
pursuant to this Chapter. Should the appointment of additional special counsel become necessazy
or appropriate, the Boazd of Ethics 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 violations of this chapter shall be: in writing; sworn under penalty of
perjury by the complainant, who shall be a resident of the City; accompanied by proof that the
complainant is a resident of the City; and submitted to the City Clerk. The complaint shall state a
full recitation of all facts that are alleged to constitute a violation of this chapter. If a complaint
does not comply with these requirements, the City Clerk shall return the complaint to the
complainant, with an explanation as to why it is insufficient for filing.
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 interested parties shall be notified of the
dismissal in writing. The enforcement authority shall make a probable cause determination
within 30 calendaz days of receiving the complaint.
G. If probable cause is determined to exist, the enforcement authority shall notify the City
Attorney. If the enforcement authority determines that probable cause exists to find that there
was a knowing or willful violation of this chapter, the City Attorney shall forwazd the complaint
to the District Attorney for further handling. If the enforcement authority determines that
probable cause exists to find that there was a negligent violation of this chapter, the City
Attorney shall forward the complaint to the special counsel who is next in the rotation of panel
counsel to act as the enforcement authority and take further investigatory and procedural steps
necessary to resolve the matter. However, if the City Attorney is the subject of the complaint, the
duties of the City Attorney under this section shall be handled by the City Clerk.
H. Violations of this chapter that are forwarded to the District Attorney for handling shall not
be subject to further action by the enforcement authority. Violations of this chapter that aze not
forwarded to the District Attorney for handling but, rather, are forwarded to the next panel
counsel for further investigation pursuant to subsection G., above, may be pursued by the
enforcement authority either through a civil or administrative action. The enforcement authority
may also commence and prosecute any necessary administrative proceedings or civil litigation to
compel compliance with this chapter. No enforcement of prosecution or action by the
enforcement authority shall be subject to the review or control of the City Attorney or City
Council.
I. The special counsel, serving as the enforcement authority, may investigate and may
institute legal action to prevent further violations. If the allegation contained in the complaint is
also a violation of state law, the special counsel shall not investigate but, rather, shall forwazd the
complaint to the Fair Political Practices Commission, or other appropriate state agency.
J. Criminal prosecution for violations of this chapter must be commenced within one yeaz
afrer the date on which the violation occurred.
K. Civil prosecution for violation of this chapter must be commenced within four years afrer
the date on which the violation occurred. No administrative action alleging a violation of any of
the provisions of this chapter shall be commenced more than four yeazs afrer 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 four-yeaz period for civil and
Ordinance No. 3179
Page 8
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 perform
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
enforcement of this chapter.
M. If the enforcement authority or District Attorney determines that no violation occurred,
the enforcement authority shall review the complaint and, if necessary, conduct further
investigation to determine if there is probable cause to find that the complainant committed
perjury. If such probable cause exists, the enforcement authority shall forwazd the complaint to
the District Attorney for prosecution for perjury.
2.52.150 Penalties.
A. Any person who knowingly or willfully violates 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.
1. Any person who negligently violates any provision of this chapter shall be
liable in a civil or administrative action brought by the enforcement authority
for an amount not more $500.00 per violation, and shall be required to correct
the violation. .
2. Any person who intentionally violates any provision of this chapter, causes any
other person to violate any provision of this chapter, or intentionally files a
false complaint under this chapter, shall be liable in a civil administrative
action brought by the enforcement authority for a maximum of $1,000.00 per
violation, or per false complaint filed.
3. Any amounts paid pursuant to this section shall be used to offset the costs of
enforcing this chapter.
4. If it is determined by the District Attorney that the complainant committed
perjury in filing the complaint, the complainant may be liable, in addition to
any criminal penalties, for damages in the amount of fees, costs and other
amounts suffered or incurred as a result of, or arising out of the filing of, such
complaint.
C. This section shall apply only to persons who have filing or reporting obligations under this
chapter or the Political Reform Act, or who aze compensated for services involving the planning,
organization, or directing any activity regulated or required by this chapter or the Political
Reform Act, or anyone who is determined by the District Attorney to have committed perjury in
filing a complaint under this Chapter.
D. Whether or not a violation is inadvertent, negligent, or deliberate, and the presence or
absence of good faith shall be considered in applying the remedies and sanctions of this chapter.
Further, 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 into the City's general fund.
Ordinance No. 3179
Page 9
2.52.160 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 EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Presented by
2'? ~~
`Glen R. G ogins
orney ~~
Approved as to form only by
~.. s
•\ `-z_
Glen R. oogins
City Att ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of January 2011, by the following vote:
AYES: Councilmembers: Aguilaz, Castaneda and Ramirez
NAYS: Councilmembers: Bensoussan and Cox
ABSENT: Councilmembers: None
~~
Cheryl Cox, M or
ATTEST:
Donna R. Norris, CM ,City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3179 had its first reading at a regulaz meeting held on the 14th day of December
2010 and its second reading and adoption at a regular meeting of said City Council held on the
11th day of January 2011; and was duly published in summary form in accordance with the
requirements of state ]aw and the City Charter. //
Dated ~ Donna R. Norris, CMC, City Clerk