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HomeMy WebLinkAbout1985-03-05; City Council; 8079; Campaign disclosure ordinanceCITWOF CARLSBAD — AGENDwJILL oo m g£(U CN CN -S '•H 'Q ^ 8 18& -y 5" !-••4J -H -H<s y u LT> inm co oooo i iI CN a\ L0 .-H H I I In n n AR# #O79 MTfi 3/5/85 DFPT CA TITLE: CAMPAIGN DISCLOSURE ORDINANCE DEPT. HDr CITY ATTYV^* CITY MGR._r33d= O 1 _i O OO RECOMMENDED ACTION: If the City Council concurs your action is to introduce Ordinance No- ITEM EXPLANATION At the City Council's direction our office has prepared Ordinance No. /£^b _ which would require an additional campaign disclosure Statement for Carlsbad's municipal elections. The Council should review the provisions of the ordinance and satisfy yourselves that it accurately reflects your intentions in the matter. It occurred to me that it might be helpful for the Council to see what the application of this ordinance would be for the 1986 election. s 1 19 26 M 20 27 T 21 28 OCTOBER W GOD 29 1986 TH F 16 1 S 7 18 23 24 25 30 [31] NOVEMBER 1986 4 ELECTION DAY Assuming the threshhold requirements are met a candidate in the 1986 election would file their second campaign statement 17 days before the November 4 election day with the closing date of 12 days before. That is, the statement would close on Friday, October 17 and would have to be filed no later than Wednesday, October 22. The ordinance would require an additional statement to be filed by 5:00 p.m. on the Friday, preceeding the election day covering the period from the closing day of the previous statement to the Thursday preceeding the election day. That is, the additional statement would cover the period from Saturday, October 18 through Thursday, October 30 and it would have to be filed the next day, Friday, October 31. In all other respects the ordinance applies the same requirements as would otherwise apply to the campaign statement under the Political Reform Act including the provisions for penalties and enforcement. Agenda Bill I March 5, 1985 Page 2 FISCAL IMPACT This ordinance will impose additional duties on the City's filing officer, the City Clerk, and we have not attempted to quantify those costs. EXHIBIT Ordinance No. mW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16_ N m ±: 2 " 53>E J 17 18 19 20 21 22 23 24 25 26 27 28 cc oc 2! 52s* S t < 3 IL • -I Oi_ >- "Jz "J o QuJ 5 2 <O £ 2 op O ORDINANCE NO.1276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CA'RLSBAD, CALIFORNIA, AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 1.13 REGARDING ELECTION CAMPAIGN DISCLOSURE. The City Council of the City of Carlsbad California does ordain as follows: SECTION 1: That Title 1 of the Carlsbad Municipal Code is amended by the addition of Chapter 1.13 to read as follows: "Chapter 1.13 ELECTION CAMPAIGN DISCLOSURE Sections; 1.13.010 Purpose and intent. 1.13.020 Definitions. 1.13.030 Additional campaign statement required. 1.13.040 Penalties and enforcement. 1.13.050 Rules of construction. 1.13.010 Purpose and intent. This chapter is to supplement the provisions of the Political Reform Act of 1974 by requiring an additional campaign disclosure statement in municipal elections to insure that the City's voters will be fully informed about the receipts of and expenditures by candidates and committees prior to such elections. The City Council finds that this chapter regards a municipal affair, that there is nothing in this chapter that conflicts with the general laws of the state, and that the additional requirements imposed by this chapter pursuant to Government Code Section 81013 do not prevent a person from complying with said act. 1.13.020 Definitions. The words and phrases used in this chapter shall have the same meaning as defined in the Political Reform Act of 1974, Title 9 of the Government Code of the State of California, as said Act now exists or may hereafter be amended. 1.13.030 Additional campaign statement required. This section shall apply to any candidate or committee that is required to file a campaign statement for a municipal election in the City of Carlsbad pursuant to the Political Reform Act of 1974 as amended, Sections 84200-84226 of the Government Code of the State of California. In addition to the filing of any statements pursuant to said Act, a candidate or committee shall file a campaign statement with the City Clerk by 12:00 noon on the Friday VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUE ,,CARLSBAD, CALIFORNIA 920081 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 •• '••- • - "-'' •^••i.^ preceding the election day to cover the period from the closing date of the last statement filed pursuant to said Act through the Wednesday preceding the election day. The statement required by" this section shall be made on the forms provided and shall contain the information required for statement filed pursuant to said Act and shall be filed with the City Clerk. 1.13.040 Penalties and enforcement. The penalties and enforcement provisions of the Political Reform Act of 1974, Sections 91000-91014 of the Government Code of the State of California shall apply to any violation of the provisions of this chapter. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. For purposes of this chapter the district attorney of San Diego County is the civil and criminal prosecutor. 1.13.050 Rules of construction. The provisions of this chapter shall be construed liberally in order to accomplish the intent and purposes of this chapter and the Political Reform Act of 1974." SECTION 2: That the City Clerk is directed to file a copy of this ordinance with the Fair Political Practices Commission in accordance with Section 81009.5 of the Government Code of the State of California. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 12th day of March , 1985, and thereafter • • • • » • • • • • • • • • • • • • 2. Q ^DO m03 § cc 5 g ""> ^- O IU <O u. 3 =i o g i n > > 02 P < "-m o ^ Ju:"3gi_ V UJ Z ^ o QUJ Z S <o 9E Ji 5ssg 3"^ 5t °o 1 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 •w PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day of March , 1985 by the following vote, to wit: AYES: Council Mentoers Casler, Lewis, Kulchin, Chick and Pettine NOES : None ABSENT: None <~/l // /o f lA-&*~*-~ <_7 <t/- - *—^-aL~C£-t_. — MARY H. CASLER, Mayor ATTEST: ^ CUtJCtt^U sK - <K ft CL^L^/Wt-v-S ALETHA L. RAUTENKRANZ , City Cl£rk (Seal) 3. 1200 ELM AVENUE . CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE: (714)438-5535 Citp of Cartebab March 21, 1985 Fair Political Practices Commission 1100 K Street Sacramento, CA 95814 The Carlsbad City Council, at its meeting of March 19, 1985, adopted Ordinance No. 1276 amending the Carlsbad Municipal Code regarding election campaign disclosure. Enclosed for your records and information is a copy of Ordinance No. 1276. SN R. -KUNDTZ Deputy City Clerk Enc.