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ORDINANCE NO. 988-2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW ADDING CHAPTER 2.56 TO THE CITY OF BARSTOW MUNICIPAL CODE
RELATED TO ELECTRONIC AND PAPERLESS FILING OF FAIR
POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE
STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST
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 to file such statements, reports, or other documents online or electronically with the City Clerk; and WHEREAS, the City of Barstow (“City”) has entered into an agreement with Netfile, a vendor approved by the California Secretary of State that meets the requirements set by Government Code Section 84615, to provide an online electronic filing system (“System”) for the California Fair Political Practices Commission campaign statements; and WHEREAS, the System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to temper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and to the public for viewing filings; and
WHEREAS, the City and Netfile will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws; and
WHEREAS, the City intends that, if Netfile and City ever discontinue their contract for any reason, then the City shall contract with another vendor for these services who meets the Secretary of State’s requirements for an online filing system or will develop its own compliant online filing system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council of the City of Barstow finds and determines as follows:
A. 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, or committee required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk. 277218.3 Page 2 of 4
B. The web-based system operated by the City Clerk contains multiple safeguards to protect the integrity and security of the data, it will operate securely and effectively, and it will not unduly burden filers.
C. 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.
SECTION 2. ADDITION OF CHAPTER 2.56 TO THE BARSTOW MUNICIPAL CODE
Barstow Municipal Code Title 2 (Administration and Personnel), Chapter 2.56 (Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interest) is hereby added to the Barstow Municipal Code to read as follows:
CHAPTER 2.56. - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS
AND STATEMENTS OF ECONOMIC INTEREST
Section 2.56010. Purpose and Authority.
A. The purpose of this ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees to be completed electronically. The City Council enacts this ordinance in accordance with the authority granted to cities by state law. This ordinance is intended to supplement, and not conflict with, the Political Reform Act.
B. While electronic filing of statements will be mandated under this ordinance, the City Clerk, as the City’s filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk’s discretion, under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request.
Section 2.56.020 Basic Requirement.
A. 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 or designated in the City’s local conflict of interest code adopted pursuant to Government Code Section 87300 shall file any required Statement of Economic Interests (Form 700) online or electronically with the City Clerk.
Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described Government Code 8415(a).
B. Once an elected officer, candidate, committee, or other person files a statement, report, or other document electronically pursuant to subsection (a), all future statements, reports, or other documents on behalf of that filer shall be filed electronically.
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C. In any instance in which an original statement, report, or other document must be filed with the California Secretary of State and a copy of that statement, report, or other document is required to be filed with the City Clerk, the filer may, but is not required to file the copy electronically.
D. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, and the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk.
E. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, a Statement in paper format shall be filed with the City Clerk.
F. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615. 277218.3 Page 4 of 4
SECTION 3. CEQA- EXEMPTION: This proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The ordinance is not a project under CEQA Guidelines Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes in the environment.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council of the City of Barstow hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
SECTION 5. EFFECTIVE DATE. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.
PASSED, APPROVED and ADOPTED this 4th day of April, 2022. __________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. 988-2022, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 21st day of March, 2022 and adopted at the regular meeting of the City Council of the City of Barstow on the 4
th day of April, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Andrea Flores, City Clerk