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HomeMy WebLinkAbout2021-04-13; City Council; ; Adoption of Ordinance Nos. CS-394, CS-395 and CS-396 – Amending Carlsbad Municipal Code Chapter 1.12 regarding elections, Chapter 1.13 regarding election campaign disclosMeeting Date: April 13, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Assistant to the City Manager sheila.cobian@carlsbadca.gov, 760-434-2917 Subject: Adoption of Ordinance Nos. CS-394, CS-395 and CS-396 – Amending Carlsbad Municipal Code Chapter 1.12 regarding elections, Chapter 1.13 regarding election campaign disclosures and Chapter 1.15 regarding campaign contributions District: All Recommended Action 1.Adopt Ordinance No. CS-394 amending Carlsbad Municipal Code Title 1, Chapter 1.12 - Elections 2.Adopt Ordinance No. CS-395 amending Carlsbad Municipal Code Title 1, Chapter 1.13 - Election Campaign Disclosures 3.Adopt Ordinance No. CS-396 adding Chapter 1.15 - Campaign Contribution Limits to Title 1 of the Carlsbad Municipal Code Executive Summary / Discussion Ordinance nos. CS-394, CS-395 and CS-396 were introduced and first read at the City Council meeting held April 6, 2021. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the City Council voted 4-1 (Hall - No) to introduce Ordinance No. CS-394. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the City Council voted 5-0 to introduce Ordinance No. CS-395. On a motion by Council Member Schumacher, seconded by Mayor Pro Tem Blackburn, the City Council voted 4-1 (Hall - No) to introduce Ordinance No. CS-396. The second reading allows the City Council to adopt the ordinances, which will become effective 30 days after the adoption. Fiscal Analysis The existing fiscal year 2020-2021 budgets for the City Attorney’s Office and City Clerk’s Office include sufficient funding for the cost of amending and adding the referenced code provisions. Next Steps The city clerk will have the ordinances, or a summary of the ordinances, published in a newspaper of general circulation within fifteen days following adoption of the ordinance. April 13, 2021 Item #5 Page 1 of 14 Environmental Evaluation (CEQA) In keeping with California Public Resources Code Section 21065, the recommended actions do not constitute a "project" within the meaning of the California Environmental Quality Act because they have no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, so the actions do not require environmental review. Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Ordinance No. CS-394 2. Ordinance No. CS-395 3. Ordinance No. CS-396 April 13, 2021 Item #5 Page 2 of 14 ORDINANCE NO. CS-394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 1, CHAPTER 1.12 — ELECTIONS WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the Code is necessary to improve clarity and consistency as well as to reflect current legal and professional best practices; and WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and expanding the update to include both the Code and City Council Policies (Policies); and WHEREAS, the Subcommittee has reviewed Chapter 1.12 — Elections and has made recommendations for revisions to this chapter; and WHEREAS, establishing clear rules for the conduct of municipal elections is important to the orderly operation of city government. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains that: 1.The above recitations are true and correct. 2.Carlsbad Municipal Code Title 1, Chapter 1.12 is amended to read as follows: Chapter 1.12 ELECTIONS Sections: 1.12.010 Candidate's filing fee. 1.12.020 Date for general municipal election. 1.12.030 Mail ballot elections. 1.12.040 Governing law absent code provision. 1.12.050 Severability. 1.12.010 Candidate's filing fee. A.Upon the filing of nomination papers, or upon the filing of supplemental nomination papers, a candidate for elective office must pay a filing fee of $25 to the city clerk, which shall be deposited into the general fund. B.In lieu of paying the filing fee in subsection (A), a candidate may submit a petition under California Elections Code Section 8106. April 13, 2021 Item #5 Page 3 of 14 1.12.020 Date for general municipal election. The general municipal election for the city shall be held on the same day as the statewide general election. 1.12.030 Mail ballot elections. A. The city council may conduct the following elections or proceedings wholly by mail ballot: 1.An election to approve a special tax under Article XIII C of the California Constitution. 2.An election to approve a property-related fee or charge under Article XIII D of the California Constitution. 3.An assessment ballot proceeding under Article XIII D of the California Constitution; however, the proceeding shall be denominated an "assessment ballot proceeding" and ballots shall be denominated "assessment ballots." B. The city council shall determine whether an election or proceeding described in subsection (A) will be conducted wholly by mail ballot at the time the city council calls the election. C. An election under this section shall be held on a mail ballot election date established in California Elections Code Section 1500. D. An election under this section shall be conducted in accordance with any special provisions adopted by the resolution of the city council calling the election and with the applicable provisions for mail ballot elections in California Elections Code Section 4100 et seq. 1.12.040 Governing law absent code provisions. Except as provided in this code, city elections shall be governed by the applicable provisions of the California Government Code and California Elections Code. 1.12.050 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. // /I I/ I- II // // // April 13, 2021 Item #5 Page 4 of 14 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 6th day of April, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of April, 2021, by the following vote, to wit: AYES: Blackburn, Acosta, Bhat-Patel. NAYS: Hall. ABSENT: Schumacher. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor 747/th.-Z. 7a4. 6). for BARBARA ENGLESON, City Clerk (SEAL) April 13, 2021 Item #5 Page 5 of 14 ORDINANCE NO. CS-395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 1, CHAPTER 1.13 — ELECTION CAMPAIGN DISCLOSURES WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the Code is necessary to improve clarity and consistency as well as to reflect current legal and professional best practices; and WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and expanding the update to include both the Code and City Council Policies (Policies); and WHEREAS, the Subcommittee has reviewed Chapter 1.13 — Election Campaign Disclosures and has made recommendations for revisions to this chapter; and WHEREAS, establishing clear rules regarding the disclosure of campaign contributions promotes transparency in local elections. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains that: 1.The above recitations are true and correct. 2.Carlsbad Municipal Code Title 1, Chapter 1.13 is amended to read as follows: Chapter 1.13 ELECTION CAMPAIGN DISCLOSURES Sections: 1.13.010 Purpose and intent. 1.13.020 Definitions. 1.13.025 Contributions—Disclosure. 1.13.026 Online filing of campaign statements. 1.13.040 Penalties and enforcement. 1.13.050 Rules of construction. 1.13.060 Severability. 1.13.010 Purpose and intent. A. This chapter supplements the provisions of the Political Reform Act of 1974 (Act; Cal. Gov. Code, § 81000 et seq.) and its implementing regulations (Cal. Code of Regs., tit. 2, § 18110 et seq.) by: April 13, 2021 Item #5 Page 6 of 14 1.Providing for online filing of campaign statements, reports and other documents (campaign statements); and 2.Requiring additional campaign disclosures in city elections to ensure the city's voters will be fully informed about the receipts and expenditures of candidates and committees prior to the elections. B.The city council finds the online filing system will operate securely and effectively and will not unduly burden filers. C.The city council further finds this chapter is enacted in recognition of the city council's authority under California Government Code Sections 81009.5 and 81013 to impose additional campaign disclosure requirements that apply only to city elections and do not prevent a person from complying with the Act. 1.13.020 Definitions. The words and phrases used in this chapter have the same meaning as defined in the Act. 1.13.026 Contributions—Disclosure. A.No person shall knowingly accept any contribution or loan in excess of $100 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 $100 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 $100 shall be turned over to the city clerk and deposited into the city's treasury within 10 days of receipt of the contribution. D.Any candidate or committee that is required to file a campaign statement for a city election under the Act 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 amount contributed or loaned by each person who has contributed or loaned a cumulative amount in excess of $100. 1.13.026 Online filing of campaign statements. A.Any elected officer, candidate, committee or other person who is required to file campaign statements with the city clerk under California Government Code Section 84100 et seq., and who received contributions and made expenditures totaling $2,000 or more in a calendar year, must file such statements using the city clerk's online system. B.When an original campaign statement is required to be filed with the Secretary of State and a copy of the statement is required to be filed with the city clerk, the copy may be, but is not required to be, filed using the city clerk's online system. C.If a campaign statement is filed under this chapter using the city clerk's online system, the statement does not have to be filed with the city clerk in paper format. D.The city clerk may establish and amend procedures for using the city clerk's online system as necessary to accomplish the following: 1. Ensure the online system complies with the requirements in California Government Code Section 84615, including containing a procedure allowing filers to comply with the obligation in California April 13, 2021 Item #5 Page 7 of 14 Government Code Section 81004 for campaign statements to be signed under penalty of perjury. 2.Meet the purpose and intent of this chapter and comply with other applicable laws. 3.Ensure the integrity of the data transmitted and include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. 4.Enable filers to complete and submit filings free of charge. E.An online filing under this chapter will only be accepted if it is made in the standardized record format developed by the California Secretary of State under California Government Code Section 84602, subdivision (a)(2), and is compatible with the Secretary of State's system for receiving an online or electronic filing. F.If a campaign statement is not required to be filed using the city clerk's online system, or if the city clerk's online system is not capable of accepting a particular type of statement, the statement must be filed with the city clerk in paper format. The city clerk must post copies of documents filed in paper format to the Internet within the time periods and subject to the requirements specified in subsection (J). G.The city clerk must provide a person who files a campaign statement using the city clerk's online system with an electronic confirmation notifying the filer the statement was received. The confirmation must include the date and time the city clerk received the statement and the method by which the filer may view and print the data received. H.The filing date of a campaign statement filed using the city clerk's online system is the date the city clerk received the statement. I.The city clerk must make all data filed available on the Internet in an easily understood format that provides the greatest public access. The data must be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain the street name and building number 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 must make a complete, unredacted copy of a filed campaign statement available to any person upon request. J.The city clerk must post a copy of a document filed in paper format to the Internet within 72 hours of the applicable filing deadline. If the final day of the 72-hour period is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. The Internet posting must otherwise comply with the requirements of subsection (I). The posted document must remain available for four years from the date of the election associated with the filing. K.The city clerk's office must maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online campaign statement filed under this chapter, which will serve as the official version of the record for purposes of audits and any other legal purpose. After data has been maintained for at least 10 years, the city clerk may archive it in a secure format. 1.13.040 Penalties and enforcement. Violations of this chapter are subject to the enforcement and penalty provisions of California Government Code Sections 91000-91014. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. The San Diego County District Attorney is the civil and criminal prosecutor for this chapter. 1.13.050 Rules of construction. The provisions of this chapter must be construed liberally in order to accomplish the intent and purposes of this chapter and the Act. April 13, 2021 Item #5 Page 8 of 14 1.13.060 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter or the application of this chapter to persons or circumstances not similarly situated. 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 6th day of April, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of April, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel. NAYS: None. ABSENT: Schumacher. APPROVED AS TO FORM AND LEGALITY: _ CELIA A. BREWER, City Attorney MATT HALL, Mayor 71/1e:a. Z 7,2, Wait, for BARBARA ENGLESON, City Clerk (SEAL) \ CArk g April 13, 2021 Item #5 Page 9 of 14 ORDINANCE NO. CS-396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING CHAPTER 1.15 — CAMPAIGN CONTRIBUTION LIMITS TO TITLE 1 OF THE CARLSBAD MUNICIPAL CODE WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the Code is necessary to improve clarity and consistency as well as to reflect current legal and professional best practices; and WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and expanding the update to include both the Code and City Council Policies (Policies); and WHEREAS, California Government Code Section 85702.5, subdivision (a) authorizes the City Council to adopt campaign contribution limits applicable to elective city offices; and WHEREAS, the City Council wishes to maintain local control over local elections; and WHEREAS, adopting campaign contribution limits applicable to elective city offices will: •preserve an orderly political forum in which individuals may express themselves effectively; •place realistic and enforceable limits on the amounts of money that may be contributed to campaigns for elective city offices; and •prevent corruption and avoid the appearance of corruption by regulating campaign contributions to candidates for elective city offices. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains that: 1.The above recitations are true and correct. 2.Carlsbad Municipal Code Title 1 is amended to add Chapter 1.15 to read as follows: Chapter 1.15 CAMPAIGN CONTRIBUTION LIMITS 1.16.010 Purpose and intent. 1.15.020 Definitions. 1.15.030 Cash contributions prohibited. April 13, 2021 Item #5 Page 10 of 14 1.15.040 Campaign contribution limits. 1.15.050 Candidate contributions. 1.15.060 Transfer of funds between a candidate's controlled committees. 1.15.070 Loans. 1.15.080 Recall measures. 1.15.090 Post-election contributions. 1.15.100 Carry-over contributions from one election to another for the same city office. 1.15.110 Violations. 1.15.120 Severability. 1.15.010 Purpose and intent. California Government Code Section 85702.5, subdivision (a), authorizes the City Council to adopt campaign contribution limits applicable to elective city offices. In providing this authorization, the state Legislature found that in cities without campaign contribution limits, candidates for elective city offices often receive contributions exceeding the limits for a state senate campaign, even though most cities contain far fewer people than the average state senate district. The Legislature further found that in cities without campaign contribution limits, candidates for elective city offices sometimes raise 40% or more of their total campaign funds from a single contributor and that allowing unlimited contributions to candidates for elective city offices creates the risk and perception elective city officials are beholden to their contributors and will act in the best interest of their contributors at the expense of the people. It is the purpose and intent of the City Council in enacting this chapter: A.To preserve an orderly political forum in which individuals may express themselves effectively; B.To place realistic and enforceable limits on the amounts of money that may be contributed to campaigns for elective city offices; and C.To prevent corruption and avoid the appearance of corruption by regulating campaign contributions to candidates for elective city offices. 1.15.020 Definitions. The words and phrases used in this chapter have the same meaning as defined in the Political Reform Act of 1974, California Government Code Section 81000 et seq., as it now exists or may subsequently be amended. 1.15.030 Cash contributions prohibited. No candidate for city elective office shall accept a cash contribution of $100 or more. All such contributions must be made by check. A candidate is required to make a copy of each such check received. A cash contribution will not be deemed received if it 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, is spent or deposited, it will not be deemed received if it is refunded within 72 hours of receipt. In the case of a late contribution, it will not be deemed received if it is returned to the contributor within 48 hours of receipt. 1.15.040 Campaign contribution limits. A.A person shall not make to a candidate for city council, and a candidate for city council shall not accept from a person, a contribution totaling more than $900 per election. B.A person shall not make to a candidate for mayor, city treasurer or city clerk and a candidate for mayor, city treasurer or city clerk shall not accept from a person, a contribution totaling more than $3,100 per election. C.The city clerk shall adjust the contribution limitations provisions in subsections (A) and (B) in January of every odd-numbered year to reflect any increase or decrease in the California Consumer Price Index for All Urban Consumers (CPI-U) for the San Diego region. Those adjustments shall be calculated based on the total April 13, 2021 Item #5 Page 11 of 14 change in the CPI-U, San Diego region, since the last adjustment was made and shall be rounded to the nearest $100. The city clerk shall post the adjusted contribution limit to the city's website. 1.16.050 Candidate contributions. A candidate for elective city office or a committee controlled by that candidate shall not make a contribution to any other candidate for elective city office in excess of the limits set forth in Section 1.15.040. 1.15.060 Transfer of funds between a candidate's controlled committees. A. A candidate for elective city office may transfer campaign funds from one of the candidate's controlled committees to the candidate's controlled committee for elective city office, provided all of the following requirements are met: 1. The candidate establishes a new campaign account into which funds will be transferred. The candidate may not re-designate an existing campaign account. 2. The transferred contributions are attributed to specific contributors to the campaign contribution account from which they were transferred. Contributions must be allocated and attributed to each specific contributor on either a "first in, first out" or "last in, first out" basis. For purposes of this section, the terms "first in, first out" and "last in, first out" have the following meanings: a."First in, first out" means the campaign funds being transferred are attributed to the transferring committee's contributors in chronological order beginning with the earliest of its contributors or, if there has been a prior transfer, beginning with the earliest contributor for which unattributed contributions remain. b."Last in, first out" means that campaign funds being transferred are attributed to the transferring committee's contributors in reverse chronological order beginning with the most recent of the committee's contributors or, if there has been a prior transfer, beginning with the most recent contributor for which unattributed contributions remain. 3. The transferred contributions, when aggregated with all other contributions from and transfers attributable to the same contributor, do not exceed the amount that the contributor could have contributed to the candidate, or the controlled committee of the candidate, under Section 1.15.040. 1.15.070 Loans. A.A candidate for elective city office shall not personally loan to the candidate's campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds $10,000. A candidate shall not charge interest on any loan the candidate made to the candidate's campaign. B.The provisions of this section apply to extensions of credit, but do not apply to loans made to a candidate by a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personally liable. 1.15.080 Recall measures. A.Notwithstanding any other provision of this chapter, an elected city officer may establish a committee to oppose the qualification of a recall measure and the recall election. This committee may be established when the elected city officer receives a notice of intent to recall under California Elections Code Section 11021. An elected city officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. B.After the failure of a recall petition or after the recall election, the committee formed by the elected city officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in California Government Code Section 89519, subdivision (b). April 13, 2021 Item #5 Page 12 of 14 1.15.090 Post-election contributions. A contribution for an election may be accepted by a candidate for elective city office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election. 1.15.100 Carry-over contributions from one election to another for the same city office. Notwithstanding Section 1.15.060, a candidate for elective city office may carry over contributions raised in connection with one election for elective city office to pay campaign expenditures incurred in connection with a subsequent election for the same elective city office. 1.16.110 Violations. Violations of this chapter are subject to the enforcement and penalty provisions of California Government Code Sections 91000-91014. Any person who knowingly or willfully violates any provisions of this chapter is guilty of a misdemeanor. The San Diego County District Attorney is the civil and criminal prosecutor for this chapter. 1.15.120 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. Il II II II April 13, 2021 Item #5 Page 13 of 14 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 6th day of April, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of April, 2021, by the following vote, to wit: AYES: Blackburn, Acosta, Bhat-Patel. NAYS: Hall. ABSENT: Schumacher. APPROVED AS TO FORM AND LEGALITY: 6)-2 CELIA A. BREWER, City Attorney MATT HALL, Mayor Z7a- 7/1/ki4, for BARBARA ENGLESON, City Clerk (SEAL) April 13, 2021 Item #5 Page 14 of 14