Chapter 2.52
CAMPAIGN CONTRIBUTIONS*
2.52.010 Title and Purpose and intent.
A. Title. This chapter shall be known as the Chula Vista Campaign Contribution Ordinance.
B. P urpose. The general purpose of the Chula Vista Campaign Contribution Ordinance is is intended to supplement the Political Reform Act of 1974 (California Government Code Sections 81000, et seq.) (the “PRA”), and the implementing regulations adopted by the Fair Political Practices Commission (the “FPPC”) (see California Code of Regulations, Title 2, Division 6, Sections 18110 through 18997) in order to:. All local cCandidates should be aware that they must comply with this chapter, as well as the PRA and the FPPC regulations, when participating in a local election campaign.
Sections 81013 and 85703(a) of the PRA authorize the City Council to adopt contribution limitations and prohibitions applicable to elections for local elective office. In enacting this chapter, the City Council finds and declares that moderate monetary contributions to political campaigns are a legitimate form of participation in the American political process. It is the policy of this City to protect the integrity of the City’s electoral process, and to serve the best interests of the citizens of this City by regulating enacting campaign finance rules governing donors and Candidates for City Elective Offices.
C. Applicability. The terms of this chapter are applicable to any contribution made to a Candidate or Candidate-controlled committee whether used by the Candidate to finance a current campaign or to pay debts incurred in prior campaigns.
Inherent in the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. 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 political campaigns in City elections;
C. To prevent corruption and avoid the appearance of corruption by regulating campaign contributions to cCandidates for local elective office;
D. To provide full and fair enforcement of all the provisions of this chapter; and Commented [KB1]: For reference, FPPC has links to city- adopted campaign ordinances at:
https://www.fppc.ca.gov/learn/campaign-rules/local-
campaign-ordinances.html.
Commented [GRG22]: Moved up from below. Works
better here.
Item 12.1
Additional Information
E. To encourage cCandidate adherence to election regulations by making them easier to understand.
2.52.020 Relationship to State LawInterpretation of this chapter.
A.This chapter shall supplement, not replace, the Political Reform Act of 1974 (California Government Code Sections 81000, et seq.) (the “PRA”), and the implementing regulations adopted by the Fair Political Practices Commission (the “FPPC”) (see California Code of Regulations, Title 2, Division 6. Donors and Candidates for City Elected Offices, therefore, must comply with both the requirements of the PRA and the requirements of this chapter. However, to the extent of any conflict between the terms of this Chapter and the terms of the PRA, the terms of this Chapter shall govern to the maximum extent allowed by law. The terms and phrases in this chapter shall have the same definitions given to them in the PRA (see California Government Code Sections 82000 through 82054) and the FPPC regulations, unless otherwise specified in this chapter.
B. The terms of this chapter are applicable to any contribution made to a candidate or candidate-controlled committee whether used by the candidate to finance a current campaign or to pay debts incurred in prior campaigns.
C. Revisions to this chapter take effect on February 10, 2011, and are applicable to all cContributions received by cCandidates seeking City eElective oOffice in any election which takes place after that the effective date of the adopted ordinance, unless otherwise specified.
2.52.030 Definitions.
Unless otherwise defined in this Section, the terms and phrases used in this chapter shall have the same definitions given to them in the PRA (see California Government Code Sections 82000 through 82054) and the FPPC regulations.A.
“Agent” means a person who acts on behalf or aAt the bBehest of any other person or accepts a cContribution on behalf of a cCandidate. If an individual acting as an aAgent is also acting as an employee or member of a law, architectural, engineering or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are “aAgents.”
B. “At the bBehest” means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express prior consent of.
C. “Campaign cContribution aAccount” is that account in which all cContributions or loans made to the cCandidate shall be deposited as required by Government Code Section 85201.
Commented [GRG23]: Important point: Local rules
supplement state laws, but are intended to supersede in the event of any conflict to maximum extent legally allowed.
This will warrant further legal research to clarify and further define, if necessary, this relationship.
Commented [GRG24]: This was moved to first Section,
above
D. “Campaign sStatement” means the campaign statement required by the PRA (see California Government Code Sections 84200, et seq.).
E. “Candidate” means any individual seeking any City eElective oOffice, the candidate’s campaign committee, committee(s) controlled by the cCandidate, and aAgents of the cCandidate.
F. “City eElective oOffice” means the offices ofheld by the Mayor, members of the City Council, or the City Attorney. The “same City eElective oOffice,” as that term is used in this chapter, means the specific seat held by theoffice of the Mayor with respect to the Mayor’s seat, as defined bypursuant to Charter Section 300(C); the specific seat held byoffice of the City Attorney with respect to the City Attorney’s seat; or, in the case of a City Council memberseat, the specific City Council District seat numbered 1, 2, 3, or 4 held by the a City Council member or campaigned for by a Candidate, or the numbered seat to which that a City Council member or cCandidate for such office is may be reassigned as a result of redistricting. For example, if, during the redistricting process, the district lines are redrawn such that the residence of the City Council member representing and running for District 1 or a cCandidate running for District 1 becomes located within District 2, 3 or 4, the member’s or cCandidate’s District 1 seat, as the case may be, would be considered, for purposes of this chapter, the “same City eElective oOffice” as the District 2, 3 or 4 seat so re-assigned.
G. “Contribution” is defined in a manner identical with the definition found in Government Code Section 82015, contained within the Political Reform Act, and any related provisions in the California Code of Regulations.
“Contribution Limit” is defined as the maximum allowed contribution from a Person, Political Party Committee [or Organization] for any Single Election Contest as provide under CVMC 2.52.040.D.
H. “Enforcement aAuthority,” under this chapter, means that special counsel appointed by the City Attorney pursuant to CVMC 2.52.140.
“Filer” is any elected officer, Candidate, committee, or other Person required to file Campaign Statements, reports or other documents.
“FPPC Form” is any FPPC-developed Campaign Form in the 400 Series, including but not limited to Form 460, 470, 496, 497.
I. “General eElection” is that election identified by Charter Section 900901(B) as a “general municipal election.”, which is combined with the state primary election.
J. “Organization” means a proprietorship, labor union, firm, partnership, joint venture, syndicate, business, trust, company, corporation, association, or committee, including a political action committee. “Organization” does not include pPolitical pParty cCommittees, as that term is defined in California Government Code Section 85205.
“Outstanding Net Debts” is defined in CVMC Section 2.52.050, below.
Commented [GRG25]: Revised to cross-reference post
Measure K Charter
K. “Person” means a natural individual.
“Political Party Committee” is as defined in California Government Code Section 85205.
L. “Political Reform Act” or “PRA” means the California Political Reform Act of 1974, as amended, found at Government Code Section 81000, et seq., and includes regulations adopted by the Fair Political Practices Commission.
“Primary Election” is that election identified by Charter Section 901(A) as a “primary municipal election.” M. “Single election Election contestContest” means the election contest scheduled for any one of the following types of elections, each being a “Single Election Contest”: a Primary Election, either a gGeneral Election or a sSpecial eElection .
N. “Special Municipal eElection” is as defined in Charter Section 901901(C). “Written Solicitation” means any writing, whether physical or electronic, soliciting, either directly or indirectly, a Contribution to a Candidate. “Written Solicitation” includes, but is not limited to, printed materials, websites, social media, and printed or electronic advertisements.
2.52.040 Campaign cContributions ; Dollar Llimitations; [Contributions from Organizations Prohibited] limits.
A. Limitations on Contributions by Persons. No pPerson, other than a cCandidate, shall make a cContribution in excess of $360.00 to a candidate for a single election contest. Nand no cCandidate shall solicit or accept a cContribution in excess of $410.00 from a pPerson for a single Single election Election contestContest. A candidate may receive up to $360.00 from a person in each of the general and special elections. The Ccontribution Llimit in this subsection shall be subject to increase as provided in CVMC 2.52.040. below. adjusted biannually pursuant to subsection (D) of this section.
B. Limitations on Contributions by Political Party Committees. No pPolitical pParty cCommittee, as that term is defined in California Government Code Section 85205, shall make a cContribution in excess of $1,240 to a candidate for a single election contest. Nand no cCandidate shall solicit or accept a cContribution in excess of $1,410 from a pPolitical pParty cCommittee for a sSingle eElection cContest. A candidate may receive up to $1,240 from a political party committee in each of the general and special elections. The Ccontribution Llimit in this subsection shall be subject to increase as provided in Section 2.52.043, below, or as may be required by law. adjusted biannually pursuant to subsection (D) of this section.
C. Prohibition on Contributions by Organizations. No oOrganization shall make a cContribution to any cCandidate or cCandidate-controlled campaign committee. This chapter shall not apply to contributions made to a committee that is organized solely for the purpose of supporting or opposing the qualification for the ballot Commented [GRG26]: Added to cross-reference post
Measure K Charter
Commented [GRG27]: Revised to cross-reference post
Measure K Charter
Commented [GRG28]: Major policy question. These
limits have not been revisited for some time and may be out of date (in other words, far too low) for a City of Chula Vista’s size. If limits were raised, arguably more of the money involved in local campaigns could be tracked (as
compared to to money contributed to Independent
Expenditure Committees). On the other hand, with
recently passed SB 1439 (effective January 1, 2023) making campaign contributions to local candidates in excess of $250
“financial interests” requiring their recusal when a donor matter comes before them within 12 months before or after the donation, an argument could be made that $250 is the right amount in order to avoid the creation of legal conflicts.
Commented [GRG29]: See policy discussion regarding
“Organizations” below
Commented [GRG210]: Confirm this is the latest
number.
Commented [GRG211]: Per Kerry: This may need to be
updated per 2012 Thalheimer decision (2012 WL 177414);
need some factual information related to prior elections to conduct 5-step balancing test. I added possible
adjustment “as may be required by law” language, but still need the analysis of whatever this may be reset at.
Commented [GRG212]: Whether or not to maintain this
prohibition on donations by “Organizations” is a policy decision. Some local jurisdictions that regulate in this area do allow within parameters, e.g. ________________ TO DO:
Find and give example(s).
Commented [KB13R12]: For research purposes,
California city-adopted ordinances can be found here:
https://www.fppc.ca.gov/learn/campaign-rules/local-
campaign-ordinances.html.
or adoption of one or more City measures. All contributions made by a pPerson whose contribution activity is financed, maintained or controlled by an oOrganization or any other pPerson shall be deemed to be made by that oOrganization or other pPerson and shall also be prohibited under this Section. If the cContribution is deemed made by an oOrganization, it is prohibited.
D. Adjustments. The Contribution Limits set forth in this section shall be adjusted every odd-numbered year.
The City Clerk shall adjust the Contribution Limits to reflect any changes in the Consumer Price Index for the San Diego area for the two-year period ending on December 31st of the previous year. Adjustments shall be rounded to the nearest $10.00. The City Clerk shall publish a public notice of any adjustments by March 1st of each odd-numbered year, or as soon after as practicable, following the Bureau of Labor Statistics’ release of the applicable Consumer Price Index data. The adjustments shall go into effect as soon as the public notice is published but shall apply only to elections held in subsequent years. The adjustments shall not be construed to raise the contribution limits applicable to past elections or to Special Elections held in the same year the limits are adjusted.
E. Expenditures. The contribution limitations of thisimposed by this section are not limitations on expenditures and shall not be construed to limit the expenditures by any Candidate, Person or committee.
The contribution limits set forth in this section shall be adjusted every odd-numbered year, starting in 2013.
The City Clerk shall adjust the contribution limits to reflect any changes in the Consumer Price Index for the San Diego area for the two-year period ending on December 31st of the previous year. Adjustments shall be rounded to the nearest $10.00. The City Clerk shall publish a public notice of any adjustments by March 1st of each odd-numbered year, or as soon after as practicable, following the Bureau of Labor Statistics’ release of the applicable Consumer Price Index data. The adjustments shall go into effect as soon as the public notice is published but shall apply only to elections held in subsequent years. The adjustments shall not be construed to raise the contribution limits applicable to past elections or to sSpecial eElections held in the same year that the limits are adjusted.
2.52.045 Time period for accepting contributions; Rules for Elections with multiple “Single Election Contests” E.
A. Starting Date for Acceptance of Contributions. No pPerson or Political Party Committee shall make a contribution to any cCandidate and no such cCandidate shall accept from any pPerson or Political Party Committee such a contribution sooner than the first day of the 11th months preceding a sSingle eElection cContest.
FB. Contributions After an Election. A cContribution for an election may be accepted by a cCandidate after the date of the election only to the extent that the cContribution does not exceed a Candidate’s Outstanding Net Debtsnet debts outstanding from the for that election, as provided in CVMC Section 2.52.050, below, and the cContribution does not otherwise exceed the applicable contribution limit for that election.
Commented [GRG214]: Policy question: should the
mechanism, frequency or amount of adjustment be
modified?
Commented [KB15]: Our current practice is for me to
adjust the limits and publish the notice, but then we take an ordinance to Council to codify the most updated numbers.
We had talked about incorporating the codification process into the code.
Commented [GRG216]: Clarify meaning/define term. I
am assuming this applies to IECs and maybe this term is defined under the PRA. Need to research and pin down.
Commented [KB17]: Moved from “I” below
Commented [GRG218]: Not deleted, but tweaked and
moved above as new subsection D.
Commented [GRG219]: Drafting issue: We need to
address the nomenclature and language applicable to
Special Elections that have the equivalent of “Primary” and “General” election components
Commented [GRG220]: Policy question: Is this the
right time period? Idea with the provision is to (1) attempt to “level the field” for candidates challenging incumbents, and (2) avoid having incumbents raising money throughout their entire term in office.
Commented [GRG221]: Consider re-ordering this
subsection to switch places between B and C
Commented [GRG222]: Mayor policy question: Council
may want to consider limiting the time period after an
election, at least for the prevailing candidate, that
candidates can continue to solicit and receive campaign contributions. This way, while serving during their turns, elected officials are not also engaged in campaign fund- raising activities that may create the reality, or at least perception, of conflicts of interest. See also the comment and policy question raised with respect to the possible obligatory time period to repay loans after an election (CVMC Section 2.52.050.D, below)
GC. No Solicitations for a General Election Until Primary Election is Held. A cCandidate may not solicit or accept contributions for a General special Eelection prior to the holding of the general election Primary Election for that office. If a Primary Election is canceled because fewer than three qualified Candidates filed nomination papers for that election, a Candidate may begin soliciting and accepting additional Contributions for the General Election once the City Council takes action to cancel the Primary Election.
2.52.047 Carry over of Contributions
H. A. From a Primary Election to a General Election. A cCandidate may carry over cContributions raised in connection with one a Primary eElection for City eElective oOffice to pay campaign expenditures incurred in connection with a subsequent General Election election for the same City eElective oOffice.
B. Redistricting. If, as a result of redistricting, a cCandidate’s residence is assigned to a different district, the cCandidate may carry over cContributions raised prior to City Council approval of the new district map to pay expenditures in connection with campaigning for election to the newly assigned district seat; provided, however, if the election for the newly assigned district seat will be held at the subsequent election cycle, the cCandidate choosing to carry over cContributions raised to fund campaign activities for such subsequent election must discontinue any and all fundraising activities immediately upon City Council approval of the new district map creating re-assignment until fundraising for such subsequent election contest is authorized as provided in subsection (E) of this section.
I. The contribution limitations of this section are not limitations on expenditures and shall not be construed to limit the expenditures by any candidate, person or committee.
2.52.050 Loans and outstanding debt.
A. Personal Loan from the Candidate; limitation . A cCandidate shall not personally loan funds to his or her their campaign funds, with the intent to receive repayment of those funds, an aggregate amount in excess of the aggregate amount of $5,000 for a sSingle eElection cContest.
B. Loan from Others
1. In General. A Except as provided in subsection 2., below, a loan or extension of credit from a third party Person or Organization made for the purpose of, or used by a Candidate for, funding such Candidate’s campaign activities shall be considered a cContribution from the such maker of the loan or extender of credit and shall be subject to the cContribution limit of $360.00 per person, pursuanspecified int to CVMC 2.52.040(A).
2. Exception; Loan by Candidate from Commercial Lending Institution. The $360.00 contribution limit does not apply to loans made to a cCandidate for the purpose of a campaign by himself or herself or by a Commented [GRG223]: This Section has been updated
to reflect the revised election nomenclature contained in the post Measure K Charter provisions governing elections (Article IX). A po licy issue for consideration is whether or not this section should be modified in light of previous Charter changes making a General Election “run-off”
following the primary guaranteed with no ability now to win “outright” in the Primary.
Commented [GRG224]: Drafting issue: Same issue
identified above: We need to address the nomenclature and language applicable to Special Elections that have the
equivalent of “Primary” and “General” election components Commented [KB25]: The PRA provides different rules for
carrying over contributions. Not sure if it should be clarified here that those rules do not apply (the Gov Code says they do not, but treasurers get confused between state law and local ordinances). See GOV 85317 and FPPC reg 18537.1.
Also not sure if we want to address surplus funds (either that they follow state law or otherwise). See reg 18951 and GOV 89519
Commented [GRG226R25]: Major policy issue: If the
City wants to prohibit funds raised in a non-City of Chula Vista election contests from being “carried forward” and used in a Chula Vista City elections this ordinance needs to be updated to expressly say so. This is fairly perceived as a huge loophole in our local rules. If this form a carry forward is permitted, this gives candidates with existing campaign funds, that may have been raised during
campaigns with no applicable contribution limits or much higher contribution limits, a major advantage over others without such funds, and imposes little or no accountability as to the donors who provided such funds.
Commented [KB27]: Moved to .040(D)
Commented [GRG228]: Policy question. Should this
amount be adjusted?
Commented [GRG229]: Discuss. This
requirement/limitation could be challenging to track for purposes of holding Candidates accountable. Might
consider adding to the “purpose of campaign activities” concept that ANY personal loan made during a time period when campaign contributions are allowed will be presumed to be used by the Candidate for campaign purposes unless the candidate can demonstrate otherwise (e.g. a directly tied or directed use of the loan proceeds to a specific “non- campaign” purpose).
commercial lending institution in the lender’s regular course of business on terms available to members of the general public for which the Ccandidate is personally liable.
C. Special rules for Debts Owed to Campaign Consultants and Vendors.
To be Determined
D. Repayment of Loans.
To be Determined
2.52.060 Notice regarding personal funds.
A. General. This section shall apply to If a cCandidate who spends or contributes personal funds of more than $5,000 aggregate, in connection with a campaign for a sSingle eElection cContest., a candidate shall do all of the following.:
AB. Required Written Notice Required. Prior to spending or contributing the personal funds in excess of $5,000 , the cCandidate shall provide written notice of the cCandidate’s intent to spend or contribute more than $5,000 of personal funds to the City Clerk and all opponent candidates. The notice shall also provide the amount and the date the personal funds shall be deposited into the cCandidate’s cCampaign cContribution aAccount, as required by CVMC 2.52.070.
C. Notice Required for Separate Deposits. Separate notice is also required for every separate deposit of personal funds of any amount that is a cContribution from a cCandidate to his or hertheir campaign once the cCandidate has spent or contributed more than $5,000 in personal funds in connection with the campaign for a sSingle eElection cContest.
D. Method of Delivery. The notice shall be delivered personally or sent by registered mail to the last known address of the opponent candidates as shown in the records of the City Clerk and shall specify the amount of personal funds intended to be expended or contributed. The notice shall also provide the date the personal funds shall be deposited into the candidate’s campaign contribution account, as required by CVMC 2.52.070.
Separate notice is also required for every separate deposit of personal funds of any amount that is a contribution from a candidate to his or her campaign once the candidate has spent or contributed more than $5,000 in personal funds in connection with the campaign for a single election contest.
B. The required notice shall be given no later than 21 days prior to the election, unless the expenditure or contribution occurs during the 21 days preceding the election, in which case the required notice shall be provided 24 hours prior to deposit into the candidate’s campaign contribution account.
Commented [GRG230]: Mayor Policy Issue: Another
fairly perceived “loophole” to the City’s local rules is the extent to which a Candidate can incur “debt” through
payment terms and extensions of credit with campaign
consultants and vendors providing campaign services.
Should contract terms for payment govern, or should City rules recharacterize “credit extensions” on its own terms for purposes of recharacterizing such extensions subject to recharacterization of such amounts as “Campaign
Contributions” subject to the contribution limits within the ordinance. Review of state law required to determine the extent to which the City may want to regulate in this area.
Commented [GRG231]: Mayor Policy Issue: Along with
potentially limited the post-election time period for raising funds to repay debt (See comment to CVMC Section
2.52.045.B, above) the City Council might consider imposing a requirement that campaign debt be retired within a
certain period of time following an election. Note:
additional legal research required. This could create
undue hardship. Also, research what other jurisdictions may have such provisions.
Commented [KB32]: Clarifications needed from past
experience:
- How much time “prior” to spending or contributing is
notice required?
-Does the candidate have to specify an exact amount or is “more than $5k” sufficient?
-What if a candidate does not contribute the noticed
amount?
-Suggest considering an email requirement in addition to mail
-What if recipient declines to receive the notice?
-Is the notice still required if the contribution is made after the election – if so, can that be clarified?
Commented [KB33]: Is this needed? Subsection A (B, as
revised) requires that the candidate notify opponents
*prior* to contributing/expending funds. It appears this might be a carryover provision from <2004.
2.52.070 Campaign contribution account.
The campaign contribution account required by Government Code Section 85201(a) shall be established at a financial institution located in San Diego County. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
2.52.090 Return of prohibited cContributions.
If a cContribution is tendered and would be in violation of this chapter, it shall be returned by the cCandidate to the contributor within 60 days of receipt by the cCandidate.
2.52.100 Written solicitations by cCandidates.
A. Notice Required on Written Solicitations. Any cCandidate making a wWritten sSolicitation for a cContribution for his or her campaign for City eElective oOffice shall include the following written notice in no less than sixeight-point type on each such solicitation:
NOTICE
The City of Chula Vista Municipal Code limits contributions to campaigns for City elective office to [three hundred sixtyinsert the current limit pursuant to CVMC 2.52.040(A)] dollars per person.* B. Additional Notice Required if Redistricting Pending. During any campaign cycle where redistricting is pending City Councilmember candidate materials soliciting campaign funds shall also contain the following statement:
City campaign rules allow this candidate to transfer funds to a different Council district election contest, or carry over funds to a future Council election contest, in the event redistricting results in the re-assignment of such candidate to a different Council District seat.
* The dollar amount to be included in this notice shall be amended biannually to reflect any CPI adjustment to the contribution limit made pursuant to CVMC 2.52.040(D).
Commented [KB34]: Can we delete to default to State
law, which requires it be established in California? GC 85201. This comes up regularly.
Commented [KB35]: 6-point is really small. Most FPPC
minimums are 8- or 10-point, or “easily readable.” Perhaps we consider increasing? The actual notice below in this document is 9 pt.
2.52.120 Contributions for legal defense.
Notwithstanding anything contained herein to the contrary, a payment to or for the benefit of one holding a City Elective Office a Councilmember, Mayor, or a cCandidate made and used for the express purpose of offsetting costs already incurred by that Councilmember, Mayor,office holder or cCandidate in the defense of a criminal or administrative prosecutorial action, or other legal action relating to an election contest, against said Councilmember, Mayor,office holder or cCandidate and not made or used for the purpose of aiding in the election of said Councilmember, Mayor, City Attorney, or cCandidate, and not made within (before or after) 100 days of an election in which the Councilmember, Mayor, office holder or cCandidate is competing for a seat or office, shall not be deemed to be a cContribution for the purposes of this chapter.
2.52.125 Electronic filing of campaign disclosure statements.
A. General.
1. Any elected officer, cCandidate, committee, or other pPerson (“Filers”) required to file Campaign sStatements, reports or other documents (“statements”)FPPC Forms (“Statements”) as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) (“filers”) may shall file such sStatements using the City Clerk’s online system according to procedures established by the City Clerk (the “pProcedures”), unless the Filer is exempt from electronic filing under California Government Code section 84615, as may be amended from time to time. This online filing requirement shall become mandatory beginning July 1, 2017.
2. The City Clerk shall have the authority to establish and amend the proceduresProcedures, as necessary, to accomplish the following:
a. Ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code, as may be amended from time to time;
b. Meet the purpose and intent of this section and comply with other applicable law; c. Ensure the integrity of the data transmitted and include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
3. Online filingsStatements filed online made under this chapter will only be accepted if made in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code, as may be amended from time to time, and that is compatible with the Secretary of State’s system for receiving an online or electronic filingStatement.
B. Procedures for Utilizing Online Filing.
Commented [GRG236]: The existing language appears
too narrow and does not track State law. At least
challenges to election outcomes should be included.
Presents both policy and legal issues. Further research may be necessary.
Commented [KB37]: I have an “exceptions” policy for
those times where e-filing is not required (24-hour reports when the person isn’t already a filer, some NetFile outage, etc.). I think it’s sufficiently covered under here (Jill previously reviewed the policy)—just pointing that out in case you think additional language should be added.
1. During the period commencing with the effective date of the ordinance codified in this section and ending June 30, 2017, filers 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 of the Political Reform Act. Once a filer has opted in, all subsequent statements by that filer shall be filed electronically. A filer may opt out of the electronic filing system by filing an original statement in paper format with the City Clerk. Once a filer has opted out, the filer shall file all original statements in paper format with the City Clerk. From and after July 1, 2017, electronic filing is mandatory for all filers, unless the filer is exempt under California Government Code Section 84615, as may be amended from time to time. A filer so exempt may continue to opt in or opt out as described in this section.
24. Any fFiler who has electronically filed a sStatement using the City Clerk’s online system is not required to file a copy of that document in paper format with the City Clerk.
2.52.130 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this chapter and the City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission.
These forms and manuals shall be furnished to all candidates and committees, and to all other persons required to report.
B. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of state law.
C. Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by state law.
D. Report alleged violations of this chapter filed pursuant to CVMC 2.52.140(E) and applicable state law to the enforcement authority.
E. Compile and maintain a current list of all statements or parts of statements filed with the City Clerk’s office pertaining to each candidate and each measure.
F. Cooperate with the enforcement authority in the performance of the duties of the enforcement authority as prescribed in this chapter and applicable state laws.
Commented [KB38]: These are already all provided (and
expanded upon) in this chapter, Gov 81010, or FPPC reg
18110.
2.52.140 Enforcement; Enforcement Authority.
A. General. The City Attorney shall not act as the eEnforcement aAuthority as to alleged violations of this chapter, but shall defend the constitutionality and legality of this chapter in any civil proceeding in which the City or the City Council is a party.
B. The eEnforcement aAuthority, as defined by this chapter, or the District Attorney shall investigate or prosecute alleged violations of this chapter.
CB. Timing of Selection. The Board of Ethics shall solicit proposals from attorneys in accordance with Section 503 of the City Charter and Chapter 2.56 CVMC to act as the eEnforcement aAuthority 11 months prior to a gGeneral eElection.
D. C. Appointment of Panel. The Board of Ethics shall appoint a panel of no less than three attorneys to act as the eEnforcement aAuthority. These attorneys shall be compensated by the City for work performed pursuant to this chapter. Should the appointment of additional special counsel become necessary or appropriate, the Board of Ethics shall appoint such additional special counsel as may be required.
D. Rotation of Assignments. A single member of the special counsel panel will be assigned to each case complaint by the City Attorney, or the City Clerk in the event that the City Attorney is the subject of the complaint. Assignments will be made on a rotating basis.
E. Immunity to Liability. Special counsel, serving as the Enforcement Authority, shall be immune to liability for enforcement of this chapter.
2.52.143 Enforcement; Complaint Submittal
E. Complaints of violations of this chapter shall be: in writing; sworn under penalty of perjury by the complainant, who shall be a resident of the City; accompanied by proof that the complainant is a resident of the City; and submitted to the City Clerk. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this chapter. If a complaint does not comply with these requirements, the City Clerk shall return notifythe complaint to the complainant, with an explanation as to why it is insufficient for filing and allow 10 calendar days to cure the defect. If the defect is not cured in the prescribed timeframe, the case shall be considered closed.
2.52.145 Enforcement; Complaint ProcessingF.
A. Subject of Complaint; Opportunity to Respond. If the complaint meets the requirements of subsection E., above, tThe City Clerk shall provide a copy of the complaint to the subject of the complaint within two working days. The subject of the complaint shall have five working days to provide the City Clerk with a Commented [GRG239]: This entire Section and process
should be discussed with the City’s past and existing
Enforcement Authority lawyers to determine what
improvements could/should be made. There is probably
both too much and too little detail here, with a number of issues perhaps better dealt with using Administrative
regulations. Some issues to address include: extent of allowed communications among the Enforcement Authority
lawyers and with City Atty staff; forms and criteria for making rulings and imposing penalties; time periods for responses; subpoena powers, appeal rights, etc.
Commented [GRG240]: Discuss City Clerk role to make
all assignments, with specified criteria for the initial selection and rotation
Commented [KB41]: Moved from letter “I” below.
Commented [KB42]: Add some time to allow the
submitter to correct the error. Instead of “return the
complaint,” perhaps “notify the complainant of
insufficiency.”
written response, including evidence of any corrective action taken in response to the complaint, if any. The response, if submitted, shall be signed under penalty of perjury.
B. Submittal to Enforcement Authority. The City Clerk shall forward the complaint and any written response received to the eEnforcement aAuthority within five ten working days of receipt for a probable cause determination.
C. Probable Cause Determination.The enforcement authority shall make a probable cause determination within 30 calendar days of receiving the complaint.
G. If probable cause is determined to exist, tThe Enforcement aAuthority shall make a prima facie probable cause determination and shall notify the City Clerk, City Attorney, and Interested Parties of its determination within 30 calendar days of receiving the complaint.
1. Probable Cause; Knowing or Willful Violation. If the eEnforcement aAuthority determines that probable cause exists to find that there was a knowing or willful violation of this chapter, the City Attorney shall forward the complaint to the District Attorney for further handling. However, if the City Attorney is the subject of the complaint, the duties of the City Attorney under this section shall be handled by the City Clerk. Violations of this chapter that are forwarded to the District Attorney for handling shall not be subject to further action by the Enforcement Authority
2. Probable Cause; Negligent Violation. If the eEnforcement aAuthority determines that probable cause exists to find that there was a negligent violation of this chapter, the City Attorney Clerk shall forward the complaint to the special counsel who is next in the rotation of panel counsel to act as the eEnforcement aAuthority and take further investigatory and procedural steps necessary to resolve the matter.
D. Negligent Violation; Enforcement Authority Handling
1. Enforcement Authority Duties. However, if the City Attorney is the subject of the complaint, the duties of the City Attorney under this section shall be handled by the City Clerk.
H. Violations of this chapter that are forwarded to the District Attorney for handling shall not be subject to further action by the enforcement authority. Violations of this chapter that are not forwarded to the District Attorney for handling but, rather, are forwarded to the next panel counsel for further investigation pursuant to subsection (GC) of this section may be pursued by the eEnforcement aAuthority either through a civil or administrative action. The eEnforcement aAuthority may also commence and prosecute any necessary administrative proceedings or civil litigation to compel compliance with this chapter. No enforcement of prosecution or action by the eEnforcement aAuthority shall be subject to the review or control of the City Attorney or City Council.
I. The special counsel, serving as the eEnforcement aAuthority, may investigate and may institute legal action to prevent further violations. The Enforcement Authority shall notify the City Clerk, Commented [KB43]: In practice, this is the City Clerk.
Commented [KB44]: I think there was a lot of confusion
on the part of the enforcement authorities as to how to resolve the matter. Not sure if this would be addressed in the ordinance or in some kind of staff-created
procedures/training that might be provided to them.
Commented [KB45]: Should a timeline be established?
Or progress reports at 30-60 days? What if the subject of the complaint is non-responsive?
City Attorney, and Interested Parties of upon conclusion of the Enforcement Authority’s final determination.
2. Violations of State Law. If the allegation contained in the complaint is also a violation of state law, the special counsel shall not investigate but, rather, shall forward the complaint to the Fair Political Practices Commission, or other appropriate state agency.
J3. Criminal Prosecution. . Criminal prosecution for violations of this chapter must be commenced within one year after the date on which the violation occurred.
4. Civil Prosecution. K. Civil prosecution for violation of this chapter must be commenced within four years after the date on which the violation occurred. No administrative action alleging a violation of any of the provisions of this chapter shall be commenced more than four years after the date on which the violation occurred. If the person alleged to have violated a provision of this chapter engages in the fraudulent concealment of his or her acts or identity, the four-year period for civil and administrative actions shall be tolled for the period of concealment. For purposes of this subdivision, “fraudulent concealment” means the person knows of material facts related to his or her duties under this chapter and knowingly conceals them in performing or omitting to perform those duties, for the purpose of defrauding the public of information to which it is entitled under this title.
L. Special counsel, serving as the enforcement authority, shall be immune to liability for enforcement of this chapter.
ML. No Violation Found. If the eEnforcement aAuthority or District Attorney determines that no violation occurred, the eEnforcement aAuthority shall review the complaint and, if necessary, conduct further investigation to determine if there is probable cause to find that the complainant committed perjury. If such probable cause exists, the eEnforcement aAuthority shall forward the complaint to the District Attorney for prosecution for perjury.
M. Appeal.
To be determined
2.52.150 Penalties.
A. Misdemeanor. Any pPerson who knowingly or willfully violates any provision of this chapter; who knowingly or willfully causes, solicits, advises, or participates with any other pPerson to violate any provision of this chapter; or who knowingly or willfully aids and abets any other pPerson in the violation of this chapter shall be guilty of a misdemeanor.
Commented [KB46]: Moved to .140
Commented [GRG247]: Legal/policy issue: Under what
circumstances, and to whom, should administrative appeals be allowed?
Commented [KB48]: Wondering if this makes more sense
to incorporate in the above sections about handling and outcomes?
B. Penalties.
1. Any pPerson who negligently violates any provision of this chapter shall be liable in a civil or administrative action brought by the eEnforcement aAuthority for an amount not more than $500.00 per violation, and shall be required to correct the violation.
2. Any pPerson who intentionally violates any provision of this chapter, causes any other pPerson to violate any provision of this chapter, or intentionally files a false complaint under this chapter shall be liable in a civil administrative action brought by the eEnforcement aAuthority for a maximum of $1,000 per violation, or per false complaint filed.
3. Any amounts paid pursuant to this section shall be used to offset the costs of enforcing this chapter.
4. If it is determined by the District Attorney that the complainant committed perjury in filing the complaint, the complainant may be liable, in addition to any criminal penalties, for damages in the amount of fees, costs and other amounts suffered or incurred as a result of, or arising out of the filing of, such complaint.
C. Applicability. This section shall apply only to pPersons who have filing or reporting obligations under this chapter or the Political Reform Act, or who are compensated for services involving the planning, organization, or directing of any activity regulated or required by this chapter or the Political Reform Act, or anyone who is determined by the District Attorney to have committed perjury in filing a complaint under this chapter.
D. Whether or not a violation is inadvertent, negligent, or deliberate, and the presence or absence of good faith, shall be considered in applying the remedies and sanctions of this chapter. Further, in determining the amount of civil liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered, the funds recovered shall be deposited into the City’s general fund.
2.52.160 Advisory Opinions Process.
Any Person may seek an advisory opinion from the City Attorney regarding the interpretation and application of this Chapter. Such opinion may be sought by submission of a written request to the City Clerk, which will be forwarded to the City Attorney for response. Any opinion issued by the City Attorney shall be advisory only and shall not be constitute legal advice, or insulation from legal action.
2.52.160 Severability.
If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of those Commented [GRG249]: Discuss if this is an adequate
penalty amount. Seems low.
Commented [GRG250]: Discuss if this is an adequate
penalty amount. Seems low.
Commented [GRG251]: Proposed by GRG: think this
concept is important but needs to be fleshed out. There should be somewhere Candidates can turn for guidance
without having the only option for resolution the filing by an opponent or citizen of a complaint.
Commented [KB52]: Severability is no longer codified.
provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.