HomeMy WebLinkAbout2021-04-13; City Council; 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 DISCLOSURESORDINANCE 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:
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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
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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.
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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
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BARBARA ENGLESON, City Clerk
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