Chapter 2.52 CVMC, Campaign Contributions Page 1 of 18 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.
A. Purpose. The pPurpose of the Chula Vista Campaign Contribution Ordinance 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, Division 6, Sections 18110 through 18997). All local candidates 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.
B. 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.
Inherent in the high cost of election campaigning is the problem potential of for 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:
1. A. To preserve an orderly political forum in which individuals may express themselves effectively;
2. B. To place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in City elections;
3. C. To prevent corruption and avoid the appearance of corruption by regulating campaign contributions to candidates for local elective office;
4. D. To provide full and fair enforcement of all the provisions of this chapter; and Chapter 2.52 CVMC, Campaign Contributions Page 2 of 18
5. E. To encourage candidate adherence to election regulations by making them easier to understand. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
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.
2.52.020 Interpretation of this chapterRelationship to State Law.
A. The terms and phrases in thisThis chapter shall supplement, not replace, the Political Reform Act of 1974 (California Government Code 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 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. 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 contributions received by candidates seeking City elective office in any election which takes place after that date. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
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.
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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.
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 held by theof 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 byOffice of the Mayor with respect to the Mayor’s seat; , as defined by Charter Section 300(C); the specific seatOffice of held by the City Attorney with respect to the City Attorney’s seat; or, in the case of a City Council memberCouncil District Seat, the specific Council District SeatCity Council District seat numbered 1, 2, 3, or 4 held by athe City Council member or campaigned for by a Candidate, or the numbered seat to which athat City Council member or Ccandidate for such office may be is 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.
“Citywide Seat” means the office of Mayor or City Attorney.
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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, Organization, Political Party Committee, for any Single Election Contest as provide under CVMC 2.52.040. “Council District Seat” means the office of City Councilmember District 1, 2, 3, or 4.
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, 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. “Net Debts Outstanding” has the same meaning as that set forth in title 2, section 18531.61 of the California Code of Regulations.
J. “Organization” means a proprietorship, labor union, firm, partnership, joint venture, syndicate, business, 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.
K. “Person” means a natural individual.
“Political Party Committee” is defined in a manner identical with the definition found 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.
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“Primary Election” is that election identified by Charter Section 901(A) as a “Primary Municipal Election.”
M. “Single Eelection Ccontest” 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 Eelection” is that electionas defined byin Charter Section 901(C) as a “Special Municipal Election.”. (Ord. 3506 § 1, 2021; Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007). “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 Ccontribution Dollar Llimits..
A. Limitations on Contributions by Persons or Organizations. No Pperson or Organization other than a Ccandidate shall make a Ccontribution and no Candidate shall solicit or accept a Contribution in excess of $800.00 for a Council District Seat or $1,200 for a Citywide Seat $410.00 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $410.00 from a Pperson or Organization for a Ssingle Eelection Ccontest. A candidate may receive up to $410.00 from a person in each of the general and special elections. The contribution limits in this subsection shall be subject to increase as provided in CVMC 2.52.040(D), below, or as may be required by law.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 contribution and no Candidate shall solicit or accept a Contribution in excess of $1,530 $1,410from a Political Party Committee to a candidate for a Ssingle Eelection Ccontest. No candidate shall solicit or accept a contribution in excess of $1,410 from a political party committee for a single election contest. A candidate may receive up to $1,410 from a political party committee in each of the general and special elections. The contribution limit in this subsection shall be adjusted subject to increase biannually pursuant toas provided Section 2.52.040(D), below, or as may be required by lawsubsection (D) of this section.
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C. Applicability. 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 or adoption of one or more City measures. No organization shall make a contribution to any candidate or candidate- 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 or adoption of one or more City measures. All contributions made by a person whose contribution activity is financed, maintained or controlled by an organization or any other person shall be deemed to be made by that organization or other person. If the contribution is deemed made by an organization, it is prohibited.
D. Adjustments. 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 special elections held in the same year that the limits are adjusted.
E. Expenditures. The contribution limitations imposed by this section are not limitations on expenditures and shall not be construed to limit the expenditures by any Candidate, Person, Organization, or committee.No person shall make a contribution to any candidate and no such candidate shall accept from any person such a contribution sooner than 11 months preceding a single election contest.
F. A contribution for an election may be accepted by a candidate 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.
G. A candidate may not solicit or accept contributions for a special election prior to the holding of the general election for that office.
H. A candidate may carry over contributions raised in connection with one election for City elective office to pay campaign expenditures incurred in connection with a subsequent election for the same City elective office. If, as a result of redistricting, a candidate’s residence is assigned to a different district, the candidate may carry over contributions raised prior to City Council approval of the new district map to pay expenditures in connection with campaigning for election to the newly assigned Chapter 2.52 CVMC, Campaign Contributions Page 7 of 18
district seat; provided, however, if the election for the newly assigned district seat will be held at the subsequent election cycle, the candidate choosing to carry over contributions 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. (Ord. 3543 § 1, 2023; Ord. 3506 § 1, 2021; Ord. 3499 § 1, 2021; Ord. 3452 § 1, 2019; Ord. 3399 § 1, 2017; Ord. 3340 § 1, 2015; Ord. 3276 § 1, 2013; Ord. 3262 § 1, 2013; Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).2.52.045 Time Period for Accepting Contributions; Rules for Elections with Multiple “Single Election Contests.”
A. Starting Date for Acceptance of Contributions. No Person, Organization, or Political Party Committee shall make a contribution to any Candidate and no such Candidate shall accept from any Person, Organization, or Political Party Committee such a contribution sooner than the first day of the 11th month preceding a Single Election Contest.
B. Contributions After an Election. A Contribution for an election may be accepted by a Candidate up to 12 months after the date of the election only to the extent that the Contribution does not exceed a Candidate’s Net Debts Outstanding for that election, and the Contribution does not otherwise exceed the applicable contribution limit for that election.
C. No Solicitations for a General Election Until Primary Election is Held. A Candidate may not solicit or accept contributions for a General Election prior to the holding of the 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.
A. From a Primary Election to a General Election. A Candidate may carry over Contributions raised in connection with a Primary Election for City Elective Office to pay campaign expenditures Chapter 2.52 CVMC, Campaign Contributions Page 8 of 18
incurred in connection with a subsequent General Election for the same City Elective Office. In the event that a Special Election for City Elective Office results in a run-off election for the same City Elective Office, a Candidate may carry over Contributions raised in connection with the Special Election for City Elective Office to pay campaign expenditures incurred in connection with a subsequent run-off election for the same City Elective Office.
B. Redistricting. If, as a result of redistricting, a Candidate’s residence is assigned to a different district, the Candidate may carry over Contributions raised prior to City Council approval of the new district map to pay expenditures in connection with campaigning for election to the newly assigned Council District Seat; provided, however, if the election for the newly assigned Council District Seat will be held at the subsequent election cycle, the Candidate choosing to carry over Contributions 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 2.52.045(AE).
2.52.050 Loans and Outstanding Debt.
A. Personal Loan from the Candidate; limitation. A Ccandidate shall not personally loan to his or her their campaign funds, with the intent to receive repayment of those funds in excess, of the an aggregate amount in excess of $5,000 for a Ssingle Eelection Ccontest.
B. Loan from Others.
1. In General. 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 Contribution from such maker of the loan or extender of credit and shall be subject to the Contribution limit specified in CVMC
2.52.040(A). A loan or extension of credit shall be considered a contribution from the maker of the loan or extender of credit and shall be subject to the contribution limit of $410.00 per person, pursuant to CVMC 2.52.040. The $410.00 contribution limit does not apply to loans made to a candidate for the purpose of a campaign by himself or herself or 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. (Ord. 3543 § 1, 2023; Ord. 3499 § 1, 2021; Ord. 3452 § 1, 2019; Ord. 3399 § 1, 2017; Ord. 3340 § 1, 2015; Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
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2. Exception. Loan by Candidate from Commercial Lending Institution. The contribution limit does not apply to loans made to a Candidate for the purpose of a campaign 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.
C. Repayment of Loans. Repayment of personal loans from the Candidate to their campaign must occur 12 months after a Candidate’s withdrawal, defeat, or election to office. If elected to office, the 12-month period begins on the date of the election.
D. Special rules for Debts Owed to Campaign Consultants and Vendors. Except for legal fees and expenses incurred directly in connection with monitoring the count of absentee or provisional ballots for the election, or with a ballot recount conducted under Chapter 9 (commencing with Section 15600) of Division 15 of the Elections Code for the election, all bills from campaign consultants and vendors must not have been incurred past the election date of the election for which the goods and services were provided. Candidates may only incur additional costs from ongoing services from a fundraiser, treasurer, payment processing service, and other related or ancillary services for up to 12 months after the Candidate’s withdrawal, defeat, or election to office.
If elected to office, tThe 12 month period begins on the date of the election.
2.52.060 Notice regarding personal funds.
If a candidate spends or contributes personal funds of more than $5,000 aggregate, in connection with a campaign for a single election contest, a candidate shall do all of the following:
A. Prior to spending or contributing the personal funds, the candidate shall provide written notice of the candidate’s intent to spend or contribute more than $5,000 of personal funds to the City Clerk and all opponent candidates. 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. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
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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).
[Sections 2.52.060 and 2.52.070 are being deleted in its entirety]
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. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
2.52.100 Written Ssolicitations by Ccandidates.
A. Any Ccandidate making a Wwritten Ssolicitation for a Ccontribution for his or hertheir campaign for City Eelective Ooffice shall include the following written notice in no less than eightsix- point type on each such solicitation:
1. For a Council District Seat:
NOTICE
The City of Chula Vista Municipal Code limits contributions to campaigns for Council District Seat City elective office to [insert the current limit pursuant to CVMC 2.52.040(A)] four hundred ten dollars per Pperson or Organization.
* 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).
2. For a Citywide Seat:
NOTICE
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The City of Chula Vista Municipal Code limits contributions to campaigns for a Citywide Seat to [insert the current limit pursuant to CVMC 2.52.040(A)] dollars per Person or Organization.
(Ord. 3543 § 1, 2023; Ord. 3506 § 1, 2021; Ord. 3499 § 1, 2021; Ord. 3452 § 1, 2019; Ord. 3399 § 1, 2017; Ord. 3340 § 1, 2015; Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
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 in no less than eight-point type:
City campaign rules allow this candidate to transfer funds to a different Council District Seat election contest, or carry over funds to a future Council District Seat election contest, in the event redistricting results in the re-assignment of such candidate to a different Council District Seat.
2.52.120 Contributions for Llegal Ddefense.
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 that office holderCouncilmember, Mayor, 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. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
2.52.125 Electronic Ffiling of Ccampaign Ddisclosure Sstatements.
A. General.
1. Any elected officer, candidate, committee, or other personFiler required to file Campaign statements, reports or other FPPC Forms documents (“Sstatements”) as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) (“filers”) mayshall file such statements using the City Clerk’s online system according to procedures Chapter 2.52 CVMC, Campaign Contributions Page 12 of 18
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 procedures, 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 filings 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.
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.
42. Any Ffiler who has electronically filed a statement using the City Clerk’s online system is not required to file a copy of that document in paper format with the City Clerk. (Ord. 3355 § 1, 2015).
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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. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).[Section 2.52.130 is being deleted in its entirety]
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. Enforcement Authority. The Eenforcement Aauthority, as defined by this chapter, or the District Attorney shall investigate or prosecute alleged violations of this chapter.
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C. 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 Enforcement Authority 121 months prior to a Ggeneral Eelection.
D. 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. Should the panel consist of fewer than three attorneys due to resignations or otherwise, the Board of Ethics shall appoint additional special counsel.
E. Rotation of Assignments. A single member of the special counsel panel will be assigned to each complaint by the City Attorney, or the City Clerk in the event that the City Attorney is the subject of the complaintcase. Assignments will be made on a rotating basis.
F. 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 the complaint tonotify the complainant , that it is insufficient for filing and identify the insufficiency. The complainant shall have 10 calendar days to cure the defect. If the defect is not cured in the prescribed timeframe, the case shall be closed.with an explanation as to why it is insufficient for filing.
2.52.145 Enforcement; Complaint Processing.
A. Subject of Complaint; Opportunity to Respond. If the complaint meets the requirements of CVMC 2.52.143, above, the 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 calendar days to provide the City Clerk with a written response, including evidence of any corrective action taken in Chapter 2.52 CVMC, Campaign Contributions Page 15 of 18
response to the complaint, if any. The response, if submitted, shall be signed under penalty of perjury.
BF. Submittal to Enforcement Authority. The City Clerk shall forward the complaint and any written response received to the Eenforcement Aauthority within tenfive working days of receipt for a probable cause determination.
If no probable cause is determined to exist, the complaint shall be dismissed summarily and interested parties shall be notified of the dismissal in writing. The enforcement authority shall make a probable cause determination within 30 calendar days of receiving the complaint.
C. Probable Cause Determination. The Enforcement Authority shall make a prima facie probable cause determination within 30 calendar days of receiving the complaint and shall immediately notify the City Clerk, the City Attorney, and Interested Parties upon making its determination.
1. G. Probable Cause; Knowing or Willful Violation. If the Enforcement Authority 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.If probable cause is determined to exist, the enforcement authority shall notify the City Attorney. If the enforcement authority 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.
1.2. Probable Cause; Negligent Violation. If the Enforcement Authority determines that probable cause exists to find that there was a negligent violation of this chapter, the City Attorney 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. 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.
DH. Negligent Violation; Enforcement Authority Handling.
1. Enforcement Authority Duties. Violations of this chapter that are forwarded to the District Attorney for handling shall not be subject to further action by the enforcement authority.
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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 (CG) 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. The special counsel, serving as the Enforcement Authority, may investigate and may institute legal action to prevent further violations. The Enforcement Authority shall use reasonable efforts to complete its investigation and reach a final determination within 180 days of the City forwarding the complaint. The Enforcement Authority shall notify the City Clerk, the 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.
3. J. Criminal Prosecution. Criminal prosecution for violations of this chapter must be commenced within one year after the date on which the violation occurred.
4. K. Civil Prosecution. 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 hertheir 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 hertheir 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.
EM. No Violation Found. If the Eenforcement Aauthority or District Attorney determines that no violation occurred, the Eenforcement Aauthority shall review the complaint and, if Chapter 2.52 CVMC, Campaign Contributions Page 17 of 18
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. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
2.52.150 Penalties.
A. Misdemeanor. Any personPerson who knowingly or willfully violates any provision of this chapter; who knowingly or willfully causes, solicits, advises, or participates with any other personPerson to violate any provision of this chapter; or who knowingly or willfully aids and abets any other personPerson in the violation of this chapter shall be guilty of a misdemeanor.
B. Penalties.
1. Any personPerson who negligently violates any provision of this chapter shall be liable in a civil or administrative action brought by the enforcement authorityEnforcement Authority for an amount not more than $500.00 per violation, and shall be required to correct the violation.
2. Any personPerson who intentionally violates any provision of this chapter, causes any other personPerson 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 enforcement authorityEnforcement Authority for a maximum of $21,5000 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.
Chapter 2.52 CVMC, Campaign Contributions Page 18 of 18
C. Applicability. This section shall apply only to personsPersons 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. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
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 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. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007). [Section 2.52.160 is being deleted in its entirety]
2.52.170 Availability of Rrecords.
Unless otherwise prohibited by law, all records pertaining to complaints related to campaign contributions shall be deemed public records upon receipt. Such records include, but are not limited to: submitted complaints (whether deemed sufficient or insufficient), letters of dismissal, determinations of probable cause, determinations regarding enforcement actions, and legal services agreements with enforcement authorities. These records shall be made available to the public upon request, subject to appropriate redactions in accordance with applicable law.