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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY, CALIFORNIA, ADDING A NEW CHAPTER 2.60, “CAMPAIGN CONTRIBUTION LIMITS FOR ELECTIVE CITY OFFICES” TO TITLE 2, “ADMINISTRATION AND PERSONNEL”
OF THE FOSTER CITY MUNICIPAL CODE TO ESTABLISH CAMPAIGN
CONTRIBUTION LIMITS FOR CITY ELECTIVE OFFICES
CITY OF FOSTER CITY
WHEREAS, Assembly Bill (“AB”) 571 was approved by the Governor on October 8, 2019; and
WHEREAS, absent a local resolution or ordinance, AB 571 amends the Political Reform Act so as to impose identical campaign contribution limits for candidates to county or city offices as those limits imposed on certain elective state office candidates effective January 1, 2021; and
WHEREAS, like the vast majority of cities and counties throughout the state, the City of Foster City (“City”) did not have campaign contribution limits prior to the passage of Assembly Bill No. 571 or this ordinance; and
WHEREAS, the City Council finds it necessary to adopt campaign limits for City elective offices so as to provide greater transparency for City elective offices and to allow everyone the right to participate and support the candidates of their choice without any one person or entity having undue influence in a city election; and WHEREAS, the City is adopting its own campaign contribution limit in accordance with Elections Code section 10202 and Government Code section 85702.5 and as such the contribution limits in AB 571 would no longer apply within the jurisdiction of the City to candidates for elective city office for the City of Foster City; and WHEREAS, it is the intent of the City Council that this ordinance limiting campaign contributions complies with the free speech clauses of the United States and California Constitutions and the decisional law by the federal and state courts.
NOW, THEREFORE, the City Council of the City of Foster City ordains as follows:
SECTION 1. FINDINGS.
The City Council hereby incorporates the foregoing Recitals into these findings and finds as follows:
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A. Preserving integrity in the political process and preventing corruption or the appearance of corruption in the electoral process is a matter of the highest public interest and is necessary to promote public confidence in its local government.
B. The City Council further finds that regulation of campaign contributions to City elective offices is required because the costs of running political campaigns have reached levels that lead to potential corruption or the appearance of corruption.
C. It is the policy of the City to promote and encourage broad-based citizen involvement in the financing of election campaigns.
D. The purpose of this chapter is to establish the City’s own campaign contribution limits and enforcement policy to minimize the potentially corrupting influence and appearances of corruption caused by excessive contributions in campaigns by providing mandatory contribution limits for City Council candidates and enforcement mechanisms.
SECTION 2. AMENDMENT - Chapter 2.60, “Campaign Contribution Limits for Elective City Offices” is hereby added to Title 2, “Administration and Personnel” as set forth in Exhibit A, attached hereto and hereinafter incorporated herein, to the Foster City Municipal Code.
SECTION 3. CEQA
This Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment as it is an administrative change in the limitations on campaign funding contributions.
SECTION 4. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days from its passage by the City Council. - 3 -
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SECTION 6. PUBLICATION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code section 36933(c).
This Ordinance was introduced and read on the 4th day of March, 2024, and passed and adopted on the ___ day of _________ 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
PATRICK SULLIVAN, MAYOR
ATTEST:
________________________________
PRISCILLA SCHAUS, CITY CLERK
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Exhibit “A”
“CHAPTER 2.60 - CAMPAIGN CONTRIBUTION LIMITS FOR ELECTIVE CITY
OFFICES
Sec. 2.60.010 - Authority.
This chapter is adopted pursuant to the provisions of Government Code sections 85301, 85305, 85306, 85307, 85315, 85316, 85317, 85318, and 85702.5, as may be amended.
Sec. 2.60.030 - Definitions.
As used in this chapter, the following terms shall have the following meanings:
"Candidate." As defined in Government Code section 82007 of the Political Reform Act, as amended, provided that that the term shall be limited to candidates for city elective office for the purpose of this chapter.
"Committee." As defined in Government Code section 82013 of the Political Reform Act, as amended. A committee includes but is not limited to "controlled committee" and "independent committee."
"Contribution." As defined in Government Code section 82015 of the Political Reform Act, as amended.
"Controlled committee." As defined in Government Code section 82016 of the Political Reform Act, as amended.
"City elective office." The office of city council of Foster City. "Election." Unless otherwise specified in this chapter, any primary, general, special or recall election held in this state. The primary, general, special or recall elections are all separate elections for the purpose of this chapter.
“Enforcement Authority.” The City Clerk or their designee, in consultation with the City Attorney.
“Individual.” A natural person and shall not include a partnership, corporation, association, firm, business entity, committee, club, or other organization. "Independent committee." All committees other than controlled committees. “Organization.” A partnership, corporation, association, firm, business entity, committee, club, union, or company.
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"Political Reform Act." The California Political Reform Act of 1974 (Government Code sections 81000 et seq., as amended).
“Statements” shall mean any statements, reports, forms or other documents required by Government Code Chapter 4 – Political Reform Act (section 81000 et seq.), as may be amended from time to time.
Sec. 2.60.030 – Candidate Campaigns Only.
The provisions of this Chapter apply to election campaigns for candidates only. The provisions of this Chapter do not apply to any referendum or initiative election.
2.60.040 - Campaign contribution limits.
A. Contribution Limit Established: For any particular election, no individual or organization shall make, and no candidate or candidate committee or any person acting on behalf of a candidate or candidate committee shall solicit or accept from any individual or organization, any contribution that will cause the total amount contributed by such individual or organization to exceed [ADD AMOUNT].
B. Return of Contributions: Any contribution or portion thereof that exceeds the limits in this section shall be returned to the contributor within seventy-two (72) hours of receipt.
C. The limitations of this section do not apply to a candidate's contributions of the candidate's personal funds to the candidate's own campaign.
D. The limitations of this section shall not be deemed to prohibit contributions or loans from a candidate to their own candidate committee in accordance with State law, or to limit the amount a candidate may contribute or loan to their own candidate committee.
E. Beginning in January 2025, the campaign contribution limits in this section shall be automatically increased by three percent on January 1 of every odd-numbered year. The City Clerk shall maintain a record of any increased contribution limits pursuant to this subsection and shall make such record available to the public and all candidates for city elective office.
2.60.050 - Contribution limits to other candidates.
A candidate or a controlled committee of that candidate shall not make a campaign contribution to any other candidate in excess of the limits set forth in section
2.60.040 of this chapter.
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2.60.060 - Contributions after election.
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 limits as set forth in section 2.60.040 of this chapter.
2.60.070 - Enforcement.
A. If the Enforcement Authority identifies a contribution that exceeds the allowable maximum amount established by section 2.60.040, the Enforcement Authority shall send notice to the candidate notifying them of the identified violation of section
2.60.040 and providing a reasonable opportunity to correct the statements (if an error exists) or otherwise correcting the violation by returning any amount of the donation that exceeds the maximum amount. For purposes of this subsection a “reasonable opportunity” shall be at least a minimum of five (5) calendar days.
B. The notice shall advise the candidate of their right to contest the notice from the Enforcement Authority by filing an appeal to the City Council pursuant to section
1.04.110 of this code within thirty days of the date of the notice.
C. The notice shall identify any penalties that may be imposed by the Enforcement Authority pursuant to section 2.60.080.
2.60.080 - Violations and penalties.
A. Any person who violates any provision of this chapter is guilty of a misdemeanor. Prosecution for violations of this chapter must be commenced within four (4) years of the date on which the violation occurred.
B. Violations of this chapter are subject to those penalties identified in Chapter
1.08 of this code, including but not limited to, administrative citations in accordance with section 1.08.060 of this code.
C. A fine of not more than five hundred dollars ($500.00) for each violation of this Chapter may be imposed.
D. The City Attorney may bring suit in a court of competent jurisdiction to seek an injunction or other appropriate relief, whether temporary or permanent, to halt any violation of this chapter.
E. Any resident of the City who believes that a violation of this chapter has occurred may institute such action at law or equity for injunctive relief and to compel compliance with the provisions of this chapter.
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F. The penalties in this section are cumulative and in no way shall limit the City’s discretion to utilize any other remedy, civil or criminal, to address a violation of this chapter
2.60.090 - Electronic campaign finance disclosure.
Nothing in this chapter alters the requirements for electronic filing of campaign statements and the required online reporting of contributions and independent expenditures, which shall continue to be complied with by all candidates for city elective office as set forth in section 2.56.030 of this code.” ***