ORDINANCE NO. 1878
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA, ADDING ARTICLE III TO
CHAPTER 7 OF THE FONTANA MUNICIPAL CODE
REGARDING ELECTRONIC AND PAPER METHODS OF
FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS
WHEREAS, California Government Code Section 84615 provides that a legislative body of local government agency may adopt an ordinance that requires an elected offer, candidate, committee, or other person required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act, except those whose contributions and expenditures each total less than two thousand dollars ($2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with the Deputy City Clerk; and
WHEREAS, the City Council expressly finds and determines that NetFile software web-based system, as proposed by the Deputy City Clerk, contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers; and
WHEREAS, the software used by NetFile's electronic filing system has been certified by the Secretary of State and meets the requirements set by Governme nt Code Section 84615;and
WHEREAS, the Deputy City Clerk and NetFile will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. FINDINGS
"CHAPTER 7, ARTICLE III - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE INFORMATION”
Sections:
7-31 Required Use of Electronic Filing System.
7-32 Paper Filing Not Required After Electronic Filing. 7-33 Filing Options When a Copy Must be Filed With Deputy City Clerk.
7-34 Paper Filing When Cannot File Electronically.
7-35 Internet Posting of Data.
7-36 Records Retention.
§ 7-31 Required Use of Electronic Filing System.
(A) Except as set forth in subsection B of this Section 7-31, any elected officer, candidate, committee or other person required to file specified statements, reports, forms, or other documents with the Fontana Deputy City Clerk as required by Chapter 4 (commencing with Section 84100 of Title 9 of the California Government Code, also known as the Political Reform Act), and that has received contributions or made expenditures of $2,000 or more in a calendar year, may el ectronically file such statement using the City's online system according to procedures established by the Deputy City Clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any elected officer, candidate, or committee, all future statements, reports, forms, and other documents filed on behalf of that officer, candidate or committee must be filed electronically.
(B) An elected officer, candidate, committee or other person may choose not to use the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the Deputy City Clerk, until such time as the City Council determines that electronic filing is mandatory for all filers.
§ 7-32 Paper Filing Not Required After Electronic Filing. Any elected officer, candidate, committee or other person who has electronically filed a statement, report, form, or other document using the City's online syste m is not also required to file a copy of that document in a paper format with the Deputy City Clerk.
§ 7-33 Filing Options When a Copy Must be Filed With Deputy City Clerk. In any instance in which an original statement, report, form, or other document must be filed with the Secretary of State or other agency, and a copy of that document is required to be filed with the Deputy City Clerk, the filer may electronically file a copy with the Deputy City Clerk or may file in a paper format.
§ 7-34 Paper Filing When Cannot File Electronically. If, for technical reasons, the City’s system is not capable of accepting a particular type of statement, report, form or other document, an elected officer, candidate, committee or other person shall timely file that document in paper format with the Deputy City Clerk.
§ 7-35 Internet Posting of Data. The Deputy City Clerk shall ensure that the City's system makes all electronically-filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt/deadline. The data made available on the internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk Department shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers.
§ 7-36 Records Retention. The City Clerk Department shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record. § 7-37 Administrative Policies and Procedures. The Deputy City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this Chapter."
SECTION 2. The Deputy City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law.
SECTION 3. EFFECTIVE DATE. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.
APPROVED AND ADOPTED this 8th day of February 2022.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Tonia Lewis, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on December 14, 2021, and was finally passed and adopted not less than five days thereafter on January 25, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
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City Clerk
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Mayor
ATTEST:
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City Clerk