Agenda Item B.2
CONSENT CALENDAR
Meeting Date: June 7, 2022
TO: Mayor and Councilmembers
FROM: Deborah S. Lopez, City Clerk
SUBJECT: Ordinance Related to Electronic Filing and Administration of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements and Statement of Economic Interests Forms
RECOMMENDATION:
Conduct second reading (by title only, waiving further reading) and adopt Ordinance No. 22-__, entitled, “An Ordinance of the Ci ty Council of the City o f Goleta, California Adding a New Chapter 2.18 (Electronic Filing) to Title 2 (Administration and Personnel) of the Goleta Municipal Code Relating to Electronic Filing of Campaign Statements and Statements of Economic Interests.”
BACKGROUND:
On May 17, 2022, the City Counc il conducted the first reading of Ordinance No. 22 -_ Adding a New Chapter 2.18 (Electronic Filing) to Title 2 (Administration and Personnel) of the Goleta Municipal Code Relating to Electronic Filing of Campaign Statements and Statements of Economic Interests
The purpose of this ordinance is to permit the use of an online filing system as an option for filing and designating the filings received electronically by the City Clerk’s Office as the filings of record for the City. The system will operate securely and effectively and will have no cost to filers. This system will be available to the pu blic to view filings, will not place an undue burden on filers, and will include procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury.
The City Council must conduct a second reading of the Ordinance prior to the Ordinance going into effect. If adopted, the Ordinance would become effective on the thirty-first day after adoption.
FISCAL IMPACTS:
Funding for this item was not inc luded in the Adopted Budget for Fiscal Year 2021-22 and is no t required because NetFile is allowing the C ity to u se its services free of 1 Meeting Date: June 7, 2022
charge through June 30, 202 2. Should Council approve the ordinan ce, Staff will enter into a 5-year agreement with NetFile under the City Manager ’s autho rity and annual funding of $4,900 for these services will be added to future year budgets.
ALTERNATIVES:
The City Council can choose to not introduce the ordinance and make no changes to the requirements for the filing of Campaign Statements and Statements of Economic Interests, thereby leaving the current filing practice (paper filing) in place.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Ordinance No. 22-__entitled, “An Ordinance of the City Coun cil of the City of Goleta, adding a New Chapter 2.18 (Electronic Filing) to Title 2 (Administration and Personnel) of the Goleta Municipal Cod e relating t o electronic filing of campaign statements and statements of economic interests
2. Government Code Section 84615
3. Assembly Bill 2151
2 ATTACHMENT 1:
Ordinance No. 22-__entitled, “An Ordinance of the City Council of the City of Goleta, adding Chapter 2. 18 (Electronic Filing) to Title 2 (Administration and Personnel) of the Goleta Municipal Code relating to electronic filing of campaign statements and statements of economic interests
3 ORDINANCE NO. 22-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, ADDING A NEW CHAPTER 2.18
(ELECTRONIC FILING) TO TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE GOLETA MUNICIPAL CODE
RELATING TO ELECTRONIC FILING OF CAMPAIGN
STATEMENTS AND STATEMENTS OF ECONOMIC
INTERESTS
THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY
ORDAIN AS FOLLOWS:
WHEREAS, California Government Code Section 84615 provides that a legislative body of local government agency may adopt an ordinance that requires an elected offer, candidate, committee, or other person required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act, except those whose contributions and expenditures each total less than one thousand dollars ($ 2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk; and WHEREAS, the City Council expressly finds and determines that NetFile software web -based system, as proposed by the 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 Government Code Section 84615; and
WHEREAS, the 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 GOLETA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 2.18 is added to Title 2 Administration and Personnel of the Goleta Municipal Code to read as follows:
“CHAPTER 2.18 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE
INFORMATION
Sections:
2.18.010 Required Use of Electronic Filing System.
2.18.020 Paper Filing Not Required After Electronic Filing. 4 2.18.030 Filing Options When a Copy Must be Filed With City Clerk.
2.18.040 Paper Filing When Cannot File Electronically.
2.18.050 Internet Posting of Data.
2.18.060 Records Retention.
§ 2.18.010 Required Use of Electronic Filing System.
(A) Except as set forth in subsection B of this Section 2.18.010, any elected officer, candidate, committee other person required to file specified statements, reports, forms, or other documents with the Goleta 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 electronically file such statement using the City's online system according to procedures established by the City Clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any elected of ficer, 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 City Clerk, until such time as the City Council determines that electronic filing is mandatory for all filers. § 2.18.020 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 system is not also required to file a copy of that document in a paper format with the City Clerk. § 2.18.030 Filing Options When a Copy Must be Filed With 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, an d a copy of that document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk, or may file in a paper format.
§ 2.18.040 Paper Filing When Cannot File Electronically. If, for technical reasons, the Cit y'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 City Clerk.
§ 2.18.050 Internet Posting of Data. The 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 5 the greatest public access. The data shall b e 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's office 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. § 2.18.060 Records Retention. The City Clerk's office 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 statemen t, report, form, or other document, which shall serve as the official version of that record.
§ 2.18.070 Administrative Policies and Procedures. The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this Chapter.”
SECTION 2. The 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 take effect on the 31st day following adoption by the City Council.
INTRODUCED ON the 7th day of June, 2022.
PASSED, APPROVED, AND ADOPTED this __ day of ____ 2022.
____________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
___________________ ______________________ DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
6 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the C ity of Goleta, California, do hereby certify that the foregoing Ordinance No. 22-__ was introduced on May 17, 2022, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the ___ day of ___ 2022, by the following roll-call vote:
AYES: NONE
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
(SEAL)
__________________________
DEBORAH S. LOPEZ
CITY CLERK
7 ATTACHMENT 2:
Government Code Section 84615
8 CALIFORNIA GOVERNMENT CODE SECTION 84615.
A local government agency may require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contributions totaling less than one thousand dollars ($1,000), and makes expenditures totaling less than one thousand dollars ($1,000), in a calendar year, to file those statements, reports, or other documents online or electronically with a local filing officer. A local government agency that requires online or electronic filing pursuant to this section shall comply with all of the following:
(a) The legislative body for the local government agency shall adopt an ordinance approving the use of online or electronic filing, which shall include a legislative finding that the online or electronic filing system will operate securely and effectively and would not unduly burden filers. The ordinance adopted by the legislative body for the local government agency may, at the discretion of that legislative body, specify that the electronic or online filing requirements apply only to specifically identified types of filings or are triggered only by identified monetary thresholds. In any instance in which the original statement, report, or other document is required to be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the local government agency, the ordinance may permit, but shall not require, that the copy be filed online or electronically.
(b) The online or electronic filing system shall only accept a filing in the standardized record format that is developed by the Secretary of State pursuant to paragraph (2) of subdivision (a) of Section 84602 and that is compatible with the Secretary of State’s system for receiving an online or electronic filing.
(c) The online or electronic filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
(d) (1) The local filing officer shall issue to a person who files a statement, report, or other document online or electronically an electronic confirmation that notifies the filer that the statement, report, or other document was received. The confirmation shall include the date and the time that the statement, report, or other document was received by the filing officer and the method by which the filer may view and print the data received by the filing officer.
(2) A copy retained by the filer of a statement, report, or other document that was filed online or electronically and the confirmation issued pursuant to paragraph (1) that shows the filer timely filed the statement, report, or other document shall create a rebuttable presumption that the filer timely filed the statement, report, or other document. (e) The date of filing for a statement, report, or other document that is filed online or electronically shall be the day that it is received by the local filing officer. (f) The local filing officer shall make all the data filed 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. The data made available on the Internet shall not contain the street name and building number 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 local filing officer shall make a complete, 9 unredacted copy of any statement, report, or other document filed pursuant to this section, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request.
(g) The online or electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004.
(h) The local government agency shall enable filers to complete and submit filings free of charge.
(i) The local filing officer shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement, report, or other document filed pursuant to this section, which shall serve as the official version of that record for purpose of audits and any other legal purpose. Data that has been maintained for at least 10 years may then be archived in a secure format. (j) Notwithstanding any other provision of law, any statement, report, or other document filed online or electronically pursuant to this section shall not be required to be filed with the local filing officer in paper format.
10 ATTACHMENT 3:
Assembly Bill 2151
11 Assembly Bill No. 2151
CHAPTER 214
An act to add Section 84616 to the Government Code, relating to the Political Reform Act of 1974.
[Approved by Governor September 28, 2020. Filed with
Secretary of State September 28, 2020.]
legislative counsel’s digest
AB 2151, Gallagher. Political Reform Act of 1974: online filing a nd disclosure system.
The Political Reform Act of 1974 requires the filing of specified statements, reports and other documents. Under the act, a local government agency may require these filings to be made online or electronically with the local filing officer, as specified. The act requires the local filing officer to make all data so filed available on the internet in an easily understood format that provides the greatest public access.
This bill would require a local government agency to post on its internet website, within 72 hours of the applicable filing deadline, a copy of any specified statement, report, or other document filed with that agency in paper format. This bill would require that the statement, report, or other document be made available for four years from the date of the election associated with the filing. By imposing a new duty on local government agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisi ons noted above.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3
vote of each house of the Legislature and compliance with speci fied procedural requirements.
This bill would declare that it furthers the purposes of the act.
The people of the State of California do enact as follows:
SECTION 1. Section 84616 is added to the Government Code, to read:
84616. (a) Within 72 hours of each applicable filing deadline, a local government agency shall post on its internet website a copy of any statement, 97 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
12 report, or other document required by Chapter 4 (commencing with Section 84100) that is filed with that agency in paper format. If the final day of the 72-hour period is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. Before posting, the local filing officer shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the filer. Providing a link on the agency’s internet website to the statement, report, or other document satisfies this subdivision.
(b) A statement, report, or other document posted pursuant to this section shall be made available for four years from the date of the election associated with the filing.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
O
97 — 2 — Ch. 214
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