HomeMy WebLinkAbout2014-07-22; City Council; 21700; Ordinance Amending Chapter 1.13 Electronic, Paperless Filing Campaign Statements18
CITY OF CARLSBAD - AGENDA BILL
'^^^ 21.700 ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 1.13 OF THE CARLSBAD MUNICIPAL CODE
RELATING TO ELECTRONIC AND PAPERLESS FILING
OF CAMPAIGN DISCLOSURE STATEMENTS BY
ELECTED OFFICIALS, CANDIDATES OR COMMITTEES
DEPT. DIRECTOR
MTG. 07/22/14
ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 1.13 OF THE CARLSBAD MUNICIPAL CODE
RELATING TO ELECTRONIC AND PAPERLESS FILING
OF CAMPAIGN DISCLOSURE STATEMENTS BY
ELECTED OFFICIALS, CANDIDATES OR COMMITTEES
CITY ATTORNE^^J^/^
DEPT. Clerk
ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 1.13 OF THE CARLSBAD MUNICIPAL CODE
RELATING TO ELECTRONIC AND PAPERLESS FILING
OF CAMPAIGN DISCLOSURE STATEMENTS BY
ELECTED OFFICIALS, CANDIDATES OR COMMITTEES
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-258, amending Chapter 1.13 of the Carlsbad Municipal Code relating to electronic
and paperless filing of campaign disclosure statements by elected officials, candidates or committees.
ITEM EXPLANATION:
Ordinance No. CS-258 was introduced and first read at the Special City Council meeting held on July 15,
2014. The second reading allows the City Council to adopt the ordinance that will become effective thirty
days after adoption. The City Clerk will have the ordinance or a summary ofthe ordinance published within
fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,681 on file in the Office of the City Clerk.
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 requires
environmental review.
EXHIBIT:
1. Ordinance No. CS-258.
DEPARTMENT CONTACT: Shelley Collins 760-434-2808 Shelley.Collins(5)carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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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 ofthis 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 ofthis 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 of the City of Carlsbad hereby declares that should any section,
subsection, paragraph, sentence, clause, phrase or word ofthis Ordinance for any reason
shall be held to be invalid or unconstitutional; the decision shall not affect the
remaining portions ofthis Ordinance.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption ofthis 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 22"^^ day of July 2014, by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
Celia A. Brewer, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk