HomeMy WebLinkAbout1985-03-05; City Council; 8079; Campaign disclosure ordinanceCITWOF CARLSBAD — AGENDwJILL
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TITLE:
CAMPAIGN DISCLOSURE ORDINANCE
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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.
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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.
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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
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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
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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
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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.