Loading...
HomeMy WebLinkAboutOrdinance No. 2428 ORDINANCE NO. 2428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 8.66 TO THE AZUSA MUNICIPAL CODE RELATING TO CAMPAIGN DISCLOSURE AND CONTRIBUTION LIMITATIONS IN CITY ELECTIONS WHEREAS, local government should serve the needs and respond to the wishes of all citizens equally, without regard to wealth; and WHEREAS, public officials should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them; and WHEREAS, reasonable campaign contributions will encourage broader and more open public participation in the local elective process and will provide all residents with the real chance of becoming elected officials unhindered by a need to meet exhorbitant campaign costs; and WHEREAS, the City of Azusa is authorized by State law to enact campaign contribution limitations and disclosure requirements applicable to candidates for local elective office. NOW, THEREFORE, the City of Azusa does ordain as follows: SECTION 1 . Chapter 8.66 is hereby added to the Azusa Municipal Code to read as follows: "Chapter 8.66 CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE Section 8.66.010. Purpose. The purpose of this Chapter is to advance compelling city interests by limiting large contributions from single sources to candidates for municipal office and by imposing reporting and accounting procedures for local campaigns. The City's interests are to provide a representative government which is accessible to all citizens, to deter corruption and the appearance of corruption caused by the coercive influence of large financial contribution on candidates' positions, and to inform the electorate as to the sources and uses of political contributions. Section 8.66.020. Definitions. For the purposes of this Chapter, unless the contrary is stated or clearly appears from the context, the definitions set forth in Section 82000 et sea. of the Government Code for the State of California shall govern the construction, meaning and application of words and phrases used in this Chapter. Section 8.66.030. Contributions by Persons to Candidates. No person shall make, and no candidate for elective office, or campaign treasurer, shall solicit or accept any contribution or loan which would cause the total amount contributed by that person to that candidate, including contributions or loans to all committees controlled by the candidate, to exceed Two Hundred Fifty Dollars ($250.00) in any fiscal year. Section 8.66.040. Contributions by Persons to Committees. A. No person shall make and no political committee, as defined in Government Code Section 85102(c) , or broad based political committee, as defined in Government Code Section 85102(d) shall solicit or accept, any contribution or loan from a person which would cause the total amount contributed or loaned by that person to the same political committee or broad based political committee to exceed One Thousand Dollars ($1,000.00) in any fiscal year to make contributions to candidates for elective office. Section 8.66.050. Contributions by Committees to Candidates. A. No political committee shall make, and no candidate or campaign treasurer shall solicit or accept, any contribution or loan which would cause the total amount contributed or loaned by that committee to the candidate for elective office or any committee controlled by that candidate to exceed Five Hundred Dollars ($500.00) . B. No broad based political committee shall make and no candidate or campaign treasurer shall solicit or accept, any contribution or loan which would cause the total amount contributed or loaned by that committee to that candidate or any committee controlled by that candidate to exceed One Thousand Dollars ($1,000.00) in any fiscal year. Section 8.66.060. Cash Contributions. No person shall make, and no candidate for elective office, or campaign treasurer, or committee controlled by a candidate, shall solicit or accept any cash contribution or loan. Section 8.66.070. Anonymous Contributions. No person shall make an anonymous contribution or contributions to a candidate, committee, or any other person. Any anonymous contribution shall not be kept by the intended recipient but instead shall be promptly paid to the Treasurer of the City for deposit in the General Fund of the City. Section 8.66.080. Candidate Contribution of Personal Funds. The provisions of Sections 8.66.030 through 8.66.070 shall not apply to a candidate's contribution of his or her personal funds to his or her own campaign contribution account. Section 8.66.090. Loans; Contribution Limitations. The provisions of this chapter regarding loans shall not apply to loans made to the candidate 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. Section 8.66,100. Extension of Credit. No person shall extend cred ,V, and no candidate for elective office, or -a� pmt/ORN73990 campaign treasurer, shall solicit or accept any extension of credit for more than Five Hundred dollars ($500.00) or for a period which will extend beyond thirty (30) days from the date upon which the debt is incurred by the candidate or committee controlled by the candidate. Nothing in this Chapter shall prevent a candidate from obtaining an extension of credit from a bona fide financial institution which is done in the normal course of business on terms and conditions available to the general public for which the candidate is personally liable. Section 8.66.110. Prohibition on Transfers. No candidate for elective office or committee controlled by that candidate or candidates for elective office shall transfer any contribution to any other candidate for elective office. Transfers of funds between candidates or their controlled committees as defined in Government Code Section 82016 are prohibited. Section 8.66.120. Unexpended Contributions. All unexpended funds in excess of One Thousand Dollars ($1,000.00) remaining in the campaign contribution bank account after the date of the election in which the candidate appeared on the ballot, shall be returned on a pro-rata basis to those who have made such contributions, or shall be paid promptly to the City Treasurer for deposit into the General Fund of the City, or be donated to one or more charitable organizations qualifying for federal income tax exemption. A maximum of One Thousand Dollars ($1,000.00) in unexpended funds may be retained by a candidate or committee and may be used for any political purpose or other lawful use, but may not be used in connection with any future election for elective City office. Section 8.66.130. Campaign Contribution Bank Account. The notice and filing requirements regarding the campaign bank account, as required by Government Code Section 85201, shall be made to the City Clerk of the City at the same time and in the same manner as such reporting is made to the Fair Political Practices Commission for the State of California. Section 8.66.140. Filing of Statements. Each candidate and all committees shall file with the City Clerk each statement required under Chapter 4 of Title 9 of the Government Code (commencing with Section 84100) within the time, and in the manner and form required therein. Section 8.66.150. Filing of Final Campaign Statement. In addition to the statements required to be filed under Chapter 4 of Title 9 of the Government Code, each candidate and all committees shall file with the City Clerk, within thirty (30) days of the Election, a final Campaign Statement itemizing all campaign contributions to the Candidate, all campaign expenditures by the candidate or a controlled committee and any surplus funds. The Final Campaign Statement shall disclose contributions and expenditures made through thirty (30) days after the election. Section 8.66.160. Reporting of Late Contributions. Notwithstanding the limits contained in Government Code Section 82036, late contributions in excess of One Hundred Dollars ($100.00) shall be reported to the City Clerk within twenty-four (24) hours the contribution is made or received -3- pmt/ORN73990 in the manner and form required by Government Code Section 84203 . Section 8.66.170. Reporting of Late Independent Expenditures. Notwithstanding the limit contained in Government Code Section 82036.5, late independent expenditures in excess of One Hundred Dollars ($100.00) shall be reported to the City Clerk within twenty-four (24) hours of the time it is made in the manner and form required by Government Code Section 84204. Section 8.66. 180. Suppliers of Goods, Facilities and Services - Disclosure of Records Required. No person who supplies goods, facilities or services to a candidate or committee for use in connection with the campaign for an elective city office shall knowingly refuse to divulge or disclose to the City Clerk or to any public officer having legal authority to enforce this Chapter, the details and the records supporting such details of any expenditures made by the candidate or committee in payment for such goods, facilities or services. Section 8.66.190. Duties of City Clerk. The City Clerk shall administer the provisions of this Chapter. In addition to other duties required of the City Clerk under the terms of this Chapter, the City 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 file reports. B. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of this chapter and 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 state law. D. Report apparent violations of this Chapter and applicable state law to the appropriate authorities. 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. Conduct audits and investigations of reports and statements filed by candidates and committees supporting or opposing candidates for City offices as required by state law and this Chapter. The City Clerk may employ investigators where necessary to investigate fully, candidate spending, contributions and reporting. Section 8.66.200. Violation - Penalty_. Notwithstanding any other provision of this Code a violation of any provision of this Chapter is a misdemeanor, punishable by a fine not to -4- pmt/ORN73990 exceed $1,000.00 or by imprisonment in the County jail for a period not exceeding six months, or both. " SECTION 2. The City Clerk shall certify to the passage of this Ordinance, shall file a copy of this Ordinance with the Fair Political Practices Commission for the State of California, and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this15th day of January 19 90. *4V1 004PA MAYOR ATTEST: ./ ) CIT? L RK -5- pmt/ORN73990 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Adolph A. Solis , City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2428 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of January , 1990 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15th day of January , 1990, by the following vote: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE / //CITY C -6- pmt/ORN73990