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Home My WebLink About2003-08-05; City Council; 17268; Election Campaign Disclosure RequirementsCITY OF CARLSBAD -AGENDA BILL AB# 17,268 MTG. 8/5/03 TITLE: AMENDMENT OF CHAPTER 1.13 (ELECTION CAMPAIGN DISCLOSURE REQUIREMENTS) DEPT. HD. CITY ATTY. CITYMGR. 3 RECOMMENDED ACTION: Introduce Ordinance No. NS- 67 1 amending election campaign disclosure require men ts . ITEM EXPLANATION: At its meeting of July 15, 2003, the City Council (3-2 [Finnila, Kulchin]) directed the City Attorney to return with an ordinance amending the local election campaign disclosure requirements to make them consistent with the disclosure requirements of the Political Reform Act of 1974. This ordinance accomplishes that by: o Increasing the amount triggering disclosure from $25 to $1 00; o Increasing the anonymous sources contribution limit from $25 to $1 00; o Increasing the limit for disclosure information on the source of contributions from $25 to $100; o Repealing the additional campaign statement requirement; and o Increasing the cash contributions prohibition from $25 to $1 00. The Council should satisfy itself that this ordinance accurately reflects its intentions as previously indicated at its meeting of July 15, 2003. FISCAL IMPACT: There will be a minor reduction in staff time required by the Office of the City Clerk to monitor, file and enforce these requirements in view of -the elimination of the -additional campaign statement reporting requirements and the increase in the disclosure limits. ENVIRONMENTAL REVIEW: The recommended action does not constitute a “project” within the meaning of the California Environmental Quality Act and does not require environmental review under the general rule in CEQA guideline 15061 (b)(3). EXHIBITS: 1. Ordinance No. NS- 671 2. Redline/Stri keout Department Contact: Ronald R. Ball, 434-2891 ORDINANCE NO. NS- 671 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING SECTIONS OF CHAPTER 1.13 OF THE CARLSBAD MUNICIPAL CODE REGARDING ELECTION CAMPAIGN DISCLOSURE REQUIREMENTS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That section 1.13.010 of the Carlsbad Municipal Code is amended to read as follows: “I .I 3.01 0 Purpose and intent. This chapter is to supplement the provisions of the Political Reform Act of 1974 (the “Act”) 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 is enacted in recognition of the power of a local agency to impose additional disclosure requirements as authorized by Government Code section 81 01 3, so long as they do not prevent a person from complying with the Act.” SECTION 2: That section 1.13.025 of the Carlsbad Municipal Code is amended to read as follows: “1.1 3.025 Contributions - Disclosure. (a) No person shall knowingly accept any contribution or loan in excess of one hundred dollars without obtaining the name, address, occupation, employer’s name, or if self-employed, the name of the business of the person making the contribution or loan. (b) No person shall make a contribution or loan for any other person under an assumed name or under the name of any other person. (c) Contributions or loans, not to exceed a total of one hundred dollars from any one person or source, are permitted to be retained by a candidate or any committee including a committee supporting or opposing the passage of a measure, when received from anonymous sources or from persons who do not consent to having their name made known. Any such amount in excess of one hundred dollars shall be turned over to the city clerk and deposited into the city’s treasury within ten days of receipt of the contribution. (d) Any candidate or committee that is required to file a campaign statement for a municipal election in Carlsbad pursuant to the Political Reform Act of 1974 shall, in addition to the information otherwise required, list the name, address, occupation, name of employer, or if self-employed, the name of the business, and Ordinance No. NS- 671 Page 1 of 3 amount contributed or loaned by each person who has contributed or loaned a cumulative amount in excess of one hundred dollars.” SECTION 3: That section 1.13.030 of the Carlsbad Municipal Code is repealed. SECTION 4: That section 1.13.035 of the Carlsbad Municipal Code is renumbered and amended to read as follows: “1 .I 3.030 Cash contributions prohibited. No candidate in a city municipal election shall accept a cash contribution in excess of one hundred dollars. All contributions in excess of one hundred dollars shall be made by check. A candidate is required to make a copy of each such check received prior to negotiating it.” 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 it 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 5th day of AUGUST ,2003, and thereafter Ill Ill Ill Ill Ill Ill Ill Ill Ordinance No. NS- 671 Page 2 of 3 PASSED AND ADOPTED at a regular meeting of the City Council of the , 2003, by the following vote, to City of Carlsbad on the wit: day of AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Ordinance No. NS- 671 Page 3 of 3 REDLl NE/STRIKEOUT 1 .I 3.01 0 Purpose and intent. This chapter is to supplement the provisions of the Political Reform Act of 1974 (the “Act”) 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 is enacted in recognition of the power of a local agency to impose additional disclosure requirements as authorized by Government Code section 81013, so long as they 3 .. Y do not prevent a person from complying with the Act. 1 .I 3.025 Contributions - Disclosure. (a) No person shall knowingly accept any contribution or loan in excess of one hundred hve&#tw dollars without obtaining the name, address, occupation, employer’s name, or if self-employed, the name of the business of the person making the contribution or loan. (b) No person shall make a contribution or loan for any other person under an assumed name or under the name of any other person. (c) Contributions or loans, not to exceed a total of one hundred &m&#tve dollars from any one person or source, are permitted to be retained by a candidate or any committee including a committee supporting or opposing the passage of a measure, when received from anonymous sources or from persons who do not consent to having their name made known. Any such amount in excess of one hundred tw#+ike dollars shall be turned over to the city clerk and deposited into the city’s treasury within ten days of receipt of the contribution. (d) Any candidate or committee that is required to file a campaign statement for a municipal election in Carlsbad pursuant to the Political Reform Act of 1974 c: 9- ’I .. cf t- shall, in addition to the information othewise required, list the name, address, occupation, name of employer, or if self-employed, the name of the business, and amount contributed or loaned by each person who has contributed or loaned a cumulative amount in excess of one hundred twmtyhe a dol la rs . I .I 3.0305 Cash contributions prohibited. No candidate in a city municipal election shall accept a cash contribution in excess of one hundred twe&+we * dollars. All contributions in excess of one hundred #wm+fwe * dollars shall be made by check. A candidate is required to make a copy of each such check received prior to negotiating it.