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HomeMy WebLinkAbout2014-07-22; City Council; CS-258; Amending Chapter 1,13 of the Carlsbad Municipal Code Adding Section 1.13.026 Relating to Electronic and Paperless Filing of Campaign Disclosure StatementsORDINANCE NO. CS-258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 1.13 OF THE CARLSBAD MUNICIPAL CODE ADDING SECTION 1.13.026 RELATING TO ELECTRONIC AND PAPERLESS FILING OF CAMPAIGN DISCLOSURE STATEMENTS BY ELECTED OFFICIALS, CANDIDATES, OR COMMITTEES WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act, except I those whose contributions and expenditures each total less than one thousand dollars ($1, 000) in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk; and WHEREAS, the City Council expressly finds and determines that the City Clerk's web-based system contains multiple safeguards to protect the integrity and j security ofthe data, and will operate securely and effectively and will not unduly burden I filers; and WHEREAS, the software used by the City Clerk's electronic filing system has been certified by the Secretary of State and meets the requirements set by Government Code Section 84615; and WHEREAS, the City Clerk will operate the electronic filing system in I compliance with the requirements of California Government Code Section 84615 and any other applicable laws. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, THE CiTY COUNCIL OF THE CITY OF CARLSBAD DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 1.13 Election Campaign Disclosure of the Carlsbad Municipal Code is hereby amended to read as follows: Chapter 1.13 ELECTION CAMPAIGN DISCLOSURE Sections: 1.13.010 Purpose and intent. 1.13.020 Definitions. 1.13.025 Contributions-Disclosure. 1.13.026 Electronic Filing of Campaign Disclosure. 1.13.030 Cash contributions prohibited. 1.13.040 Penalties and enforcement. 1.13.050 Rules of construction. SECTION 2: The Chapter 1.13 ofthe Carlsbad Municipal Code be amended to add section 1.13.026 to read in full as follows: 1.13.026 ELECTRONIC FILING OF CAiVIPAIGN DISCLOSURE Any elected officer, candidate, committee or other person required to file specified statements, reports, or other documents ("Statements") with the City Clerk as required by Chapter 4 (commencing with Section 84100 et seq.) of Title 9 of the California Government Code, also known as the Political Reform Act, and that has received contributions or made expenditures of $1,000 or more, may file such Statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 ofthe Government Code. During the period commencing with the effective date of Ordinance CS-258 and ending December 31, 2015, an elected officer, candidate or committee may choose to opt-in to the electronic filing system by electronically filing a Statement that is required to be filed with the City Clerk pursuant to Chapter 4 ofthe Political Reform Act. To ensure reporting continuity, once a statement, report or other document is filed electronically on behalf of any elected officer, candidate, or committee as set forth in section 1.13.026, above all future statements, reports and other documents on behalf of that officer, candidate or committee shall be required to be filed electronically using the City Clerk system. Any elected officer, candidate, committee or other person who has electronically filed a statement, report, or other document using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk. From and after January 1, 2016, elected officers, candidates and committees required to file Statements must file such Statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate or committee receives less than $1,000 in contributions and makes less than $1,000 in expenditures in a calendar year. An elected officer, candidate, committee or other person may choose to opt-out of the electronic filing system by filing all original statements, reports or other documents in paper format with the City Clerk. Electronic filing is not required until after an elected officer, candidate, committee or other person opts-in by electronically filing a statement, report or other document. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In any instance in which an original statement, report, or other document must be filed with the Secretary of State and a copy of that document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk, the filer may, but is not required to file the copy online or electronically. If the City Clerk's system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document in paper format with the City Clerk. The City Clerk's system shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt/deadline. The data made available on the Internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's Office shall make a complete, unredacted copy of the statement available to the Fair Political Practices Commission for 87200 filers. The City Clerk's Office shall maintain records according to the city's Records Retention Schedule commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for the purpose of audits. SECTION 3. PROVISIONS Except as expressly amended bythe provisions ofthis ordinance. Chapter 1.13 of Title 1 ofthe Carlsbad Municipal Code shall remain in full force and effect. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. CERTIFICATION; EFFECTIVE DATE OF ORDINANCE The City Clerk shall certify to the passage ofthis ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Carlsbad, and thirty (30) days from and after its final passage, it shall take effect and be in full force. SECTION 5. SEVERABILITY The City Council of the City of Carlsbad hereby declares that should any section, subsection, paragraph, sentence, clause, phrase or word ofthis Ordinance for any reason shall be held to be invalid or unconstitutional; the decision shall not affect the remaining portions ofthis Ordinance. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 15th day of July 2014, and thereafter, /// /// /// /// /// /// -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the 22"^ day of July 2014, by the following vote, to wft: AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: Celia A. Brewer, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NO. CS-258 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance No. CS- 258 is to be considered at the City Council Meeting to be held on the 22nd day of July, 2014. 2.) That a certified copy of the full text of Ordinance No. CS-258 was posted in the City Clerk's Office on the 18th day of July 2014. 3.) That a summary of the Ordinance was published in the UT/North County Times, on the 18th day of July, 2014. SHELLEY COLLINS, QM Assistant City Clerk Dated: July 21, "-:P BAD ....... ' • (Seal) o .11 0 )- : .70 SHELLEY COLLINS, CMC, Assi ant City erk Certification of Posting and Publication of Ordinance No. CS-258 Page 2 4.) That Ordinance No. CS-258 was adopted on the 22nd day of July 2014. 5.) That a certified copy of the full text of Ordinance No. CS-258 showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 23rd day of July, 2014. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast Newspaper, on the 1st day of August, 2014. Dated: August 1, 2014. (Seal)