HomeMy WebLinkAbout2006-05-09; City Council; 18558; Cash Contributions ComplianceCITY OF CARLSBAD - AGENDA BILL
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AB# 18,558
MTG. 5/9/06
DEPT. CA
TITLE:
AMENDMENT OF SECTION 1.13.030 OF THE CARLSBAD
MUNICIPAL CODE REGARDING CASH CONTRIBUTIONS
TO BRING IT INTO COMPLIANCE WITH GOVERNMENT
CODE SECTION 84300(a)
RECOMMENDED ACTION:
DEPT. HD.
CITY ATTY. {T&S*
CITY MGR *^V
Introduce Ordinance NS-800 , amending section 1.13.030 of the Carlsbad
Municipal Code to bring it into compliance with Government Code section 84300(a).
ITEM EXPLANATION:
Section 1.13.030 of Carlsbad Municipal Code states, "No candidate in a city municipal
election shall accept a cash contribution in excess of one hundred dollars." The regulations
of the Fair Political Practices Commission which implement the Political Reform Act ("Act")
of 1974 prohibit cash contributions of $100 or more and specifies when the contribution can
be retuned so it is not considered a contribution under the Act. The proposed amendment
to Carlsbad Municipal Code will bring the code section into compliance.
FISCAL IMPACT:
None.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378, this
ordinance does not constitute a "project" within the meaning of CEQA and, therefore, does
not require environmental review.
EXHIBITS:
lOrdinance NS-soo
2.Redline Strikeout .Version
DEPARTMENT CONTACT: Ronald R. Ball, (760) 434-2891
RONALD R. BALLCITY ATTORNEY - CITY OF CARLSBAD1200 CARLSBAD VILLAGE DRIVECARLSBAD, CALIFORNIA 92008-19891
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ORDINANCE NO. NS-800
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
SECTION 1.13.030 OF THE CARLSBAD MUNICIPAL
CODE TO BRING IT INTO COMPLIANCE WITH
GOVERNMENT CODE SECTION 84300fa).
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That section 1.13.030 of the Carlsbad Municipal Code
is amended to read as follows:
"1 .13.030 Cash contributions prohibited.
No candidate in a city municipal election shall accept a cash
contribution of one hundred dollars or more. All such contributions shall be made
by check. A candidate is required to make a copy of each such check received
prior to negotiating it."
A cash contribution shall not be deemed received if it is not
negotiated or deposited and is returned to the contributor before the closing date
of the campaign statement on which the contribution would otherwise be reported.
If a cash contribution, other than a late contribution, as defined in Section 82036,
is negotiated or deposited, it shall not be deemed received if it is refunded within
72 hours of receipt. In the case of a late contribution, as defined in Section 82036
(the Political Reform Act), it shall not be deemed received if it is returned to the
contributor within 48 hours of receipt."
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 9th day of May, 2006, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2006, by the following
vote, to wit:
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)
REDL1NE - STRIKEOUT VERSION
1.13.030 Cash contributions prohibited.
No candidate in a city municipal election shall accept a cash contribution
in excess of one hundred dollars or more. 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.
A cash contribution shall not be deemed received if it is not
negotiated or deposited and is returned to the contributor before the
closing date of the campaign statement on which the contribution would
otherwise be reported. If a cash contribution, other than a late
contribution, as defined in Section 82036. is negotiated or deposited, it
shall not be deemed received if it is refunded within 72 hours of receipt. In
the case of a late contribution, as defined in Section 82036 (the Political
Reform Act), it shall not be deemed received if it is returned to the
contributor within 48 hours of receipt.