HomeMy WebLinkAbout2014-07-15; City Council; 21681; Introduction Amending Chapter 1.13 Adding Section 1.13.026 Electronic, Paperless Filing Campaign Statements by Officials, Candidates, CommitteesCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
21,681
07/15/2014
City Clerk's
Office
Introduction of an Ordinance Amending Chapter
1.13 ofthe Carlsbad Municipal Code by adding
Section 1.13.026 to the Carlsbad Municipal Code
Relating to Electronic and Paperless Filing of
Campaign Disclosure Statements by Elected
Officials, Candidates or Committees
DEPr.DIRECTDRr<
CITY ATTY
CITY MGR.
RECOMMENDED ACTION:
1) Introduction of Ordinance No. CS-258 amending Chapter 1.13 Election Campaign
Disclosure by adding section 1.13.026 related to Electronic and Paperless Filing of
Campaign Disclosure Statements by Elected Officials, Candidates or Committees.
2) Schedule the second reading and adoption of Ordinance No. CS-258 for July 22, 2014.
ITEM EXPLANATION:
On January 1, 2013, Assembly Bill 2452 went into effect adding Section 84615 to the California
Government Code, which allows local government agencies to require an elected officer,
candidate, committee or other person (hereinafter referred to as "committees") to file
statements, reports, or other documents online or electronically with its local filing officer. AB
2452 does not include committees who receive contributions or make expenditures of less
than one thousand dollars ($1,000), in a calendar year. This bill further authorizes the City
Clerk to accept electronic filings in lieu of paper filings.
Under AB 2452, local jurisdictions that use and accept electronic campaign filings shall enact an
ordinance with required findings approving the use of an electronic system, which includes
that the system will operate securely and effectively and will not unduly burden filers.
Furthermore, certain defined criteria is prescribed that must be satisfied by a local government
agency, including, among others, that the system be available free of charge to filers, available
to the public to view filings, and include procedures for filers to comply with the requirement
that they sign statements and reports under penalty of perjury.
Background
Public access to campaign disclosure information is a vital and integral component of a fully
informed electorate. Transparency in campaign financing is critical in order to maintain public
trust and support ofthe political process.
Beginning January 2013, the Carlsbad City Clerk's Office introduced e-filing with electronic
signature to those who are considered "designated positions" in the Conflict of Interest Code.
DEPARTMENT CONTACT: Shelley Collins 760-434-2917 Shelley.CoIlins@carlsbaclca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER- SEE MINUTES •
AMENDED • REPORT RECEIVED •
Electronic and Paperless Filings of Campaign Disclosure Statements
Page 2
Currently, the City Clerk's Office manages 279 electronic filers, which has significantly reduced
paper waste, administrative time spent processing paper files, and making the Form 87200
filers (Council, City Manager, City Attorney, City Treasurer, City Clerk, Successor Agency
members, Board of Directors of the Carlsbad Municipal Water District, Community
Development Commission, and members of the Public Financing Authority) information
available on the new city website when launched later this year.
Although AB 2452 authorizes a local agency to mandate electronic filings, the City Clerk's Office
staff recognizes that such mandate could have a direct effect on committees or individuals who
do not have computer access or are not familiar with computer programs. To ensure that the
same opportunity to comply with the Political Reform Act is afforded to all committees without
unduly burdening any one committee, the City Clerk recommends that Council approve an Opt-
In/Out program. In short, to ensure reporting continuity and accurate accounting of
contributions/expenditures, once a committee choses to file a report electronically using the
City Clerk's system the committee is deemed to "opt in" and shall be required to file all future
statements electronically using the City Clerk's system. Conversely, any committee who wishes
to continue to paper file may opt-out of the electronic filing system by filing ail original
statements with the City Clerk. Should a committee choose to only paper file, the City Clerk
will continue to accept such reports until the committee "opts-in."
This action supports the organization's goal of becoming more technology driven, less paper,
and greater transparency.
FISCAL IMPACT:
The NetFile system currently being used in the City Clerk's Office is included in the current
budget and costs $2,000 per quarter. The vendor has opted to provide this additional service
on a trial basis, if approved by Council, until September 21, 2015, at which time they would
give us a discounted rate as a current customer of an additional $1,500 per quarter for the
campaign filings, bringing the quarterly expense to $3,500 per quarter to begin after
September 21, 2015. These rates are guaranteed until September 21, 2018. No additional
costs would be incurred at this time and if approved would be included in the 2015
departmental budget.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA in that there is no potential to cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and therefore, does not require environmental review.
EXHIBITS:
1. Ordinance No. CS-258 amending Chapter 1.13 by adding section 1.13.026 to the
Carlsbad Municipal Code related to Electronic and Paperless Filing of Campaign
Disclosure Statements by Elected Officials, Candidates or Committees.
2. Chapter 1.13 addition/deletion
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ORDINANCE 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
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
security ofthe data, and will operate securely and effectively and will not unduly burden
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
compliance with the requirements of California Government Code Section 84615 and any
other applicable laws.
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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 CAMPAIGN 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 of the Government Code.
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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.
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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 of this ordinance. Chapter 1.13 of
Title 1 ofthe Carlsbad Municipal Code shall remain in full force and effect.
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SECTION 4. CERTIFICATION; EFFECTIVE DATE OF ORDINANCE
The City Clerk shall certify to the passage of this 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 ofthe City of Carlsbad hereby declares that should any section,
subsection, paragraph, sentence, clause, phrase or word of this Ordinance for any reason
shall be held to be invalid or unconstitutional; the decision shall not affect the
remaining portions of this 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,
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PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
Celia A. Brewer, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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.
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 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 do not prevent a person
from complying with the act.
(Ord NS-671 § 1, 2003: Ord 1276 § 1 (part), 1985)
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 ofthe Government Code ofthe state, as the act
now exists or may hereafter be amended.
(Ord. 1276 §1 (part), 1985)
1.13.025 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 ofthe business ofthe 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
EXHIBIT 2
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 othenwise required, list the name, address, occupation,
name of employer, or if self-employed, the name ofthe business, and amount
contributed or loaned by each person who has contributed or loaned a cumulative
amount in excess of one hundred dollars.
(Ord. NS-671 § 2, 2003; Ord. 1281 § 1, 1985)
1.13.026 Electronic Filing of Campaign Disclosure
Anv elected officer, candidate, committee or other person reauired to file specified
statements, reports, or other documents ("Statements") with the Citv Clerk as reauired bv Chapter
4 (commencina with Section 84100 ef seo.) of Title 9 ofthe California Government Code, also
known as the Political Reform Act, and that has received contributions or made expenditures of
$1,000 or more, mav file such Statements usina the Citv Clerk's online svstem accordino to
procedures established bv the Citv Clerk. These procedures shall ensure that the online svstem
complies with the reouirements set forth in Section 84615 ofthe Government Code.
Purina the period commencina with the effective date of Ordinance and endino
December 31. 2015. an elected officer, candidate or committee mav choose to opt-in to the
electronic filina svstem bv electronically filina a Statement that is reauired to be filed with the Citv
Clerk pursuant to Chapter 4 of the Political Reform Act.
To ensure reportino continuitv, once a statement, report or other document is filed
electronically on behalf of anv elected officer, candidate, or committee as set fbrth in section
1.13.026, above all future statements, reports and other documents on behalf of that officer-
candidate or committee shall be reauired to be filed electronically usina the City Clerk svstem.
Any elected officer, candidate, committee or other person who has electronically filed a
statement, report, or other document usina the City Clerk's online svstem is not reauired 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 reauired to file
Statements must file such Statements using the City Clerk's online svstem, 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 vear.
An elected officer, candidate, committee or other person mav choose to opt-out of the
electronic filina system bv filina all original statements, reports or other documents in paper format
with the City Clerk. Electronic filina is not reauired until after an elected officer, candidate, committee
or other person opts-in by electronically filina a statement, report or other document.
In any instance in which an oriainal statement, report, or other document must be filed with
the Secretary of State and a copy of that document is reauired to be filed with the City Clerk, the
filer may electronically file a copy with the Citv Clerk, the filer may, but is not reauired to file the
copy online or electronically.
EXHIBIT 2
If the City Clerk's svstem 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 Citv Clerk.
The Citv Clerk's svstem 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 charae 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 anv bank account number reguired to be disclosed bv the filer. The
Citv Clerk's Office shall make a complete, unredacted copy ofthe statement available to the Fair
Political Practices Commission for 87200 filers.
The Citv 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.
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 othenwise 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 seventy-two 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 forty-eight hours of receipt.
fOrd. NS-800 § 1, 2006: Ord NS-671, § 4, 2003: Ord. NS-58 § 1, 1989)
1.13.040 Penalties and enforcement.
The penalties and enforcement provisions ofthe Political Reform Act of 1974,
Sections 91000 through 91014 ofthe Government Code ofthe state shall apply to any
violation of the provisions of this chapter. Any person who knowingly or wilfully violates any
provision of this chapter is guilty of a misdemeanor. For purposes of this chapter the district
attorney of the county is the civil and criminal prosecutor.
fOrd. 7276 § 1 (part), 1985)
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.
(Ord. 1276 § 1 (part), 1985)
EXHIBIT 2
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING:
^ Ck^a^^'^ejn Pit SUBJECT: B(^cA\^t\X.'ci. flU^ (^^D^^cfn bOscXoSUsT^
LOCATION: (SLOP CuAdOaud^
DATE NOTICES MAILED TO PROPERTY OWNERS: N./(f\
NUMBER MAILED: "~
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
(Signature)
SENT TO FOR PUBLICATION VIA E-MAIL TO: 0^nion Tribune
I I Coast News
PUBLICATION DATE: Union Tribune.
Coast News
7/3//^
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and
correct.
Date: ^fll/l^ rP/L-Zyy/yu^ 0^>W^t
* ' (Signature) y
Attachments: 1) Mailing Labels
2) Notice w/ attachments