Ordinance for Electronic Filing of
FPPCForms & Statements
City Council Special Meeting
May 16, 2022
Item 5.3
Summary
• Political Reform Act requires public agencies to file Statement of Economic Interests (Form 700), and periodic Recipient Committee Campaign Statement (Form 460) for employees and elected officials.
• Documents are required to be available for public inspection and reproduction under the Public Records Act.
• Cities had discretion to post such records online, but state law now mandates online access to these filings in order to increase public access to campaign finance documents. • To increase efficiency and compliance with State Law and Fair Political Practices Commission (FPPC) regulations, staff is asking Council to consider an ordinance mandating electronic and paperless filing of FPPC campaign disclosure statements and statements of economic interest pursuant to Government Code Section 84615.
AB 571 (Updates Political Reform Act of 1974: contribution limits.) • January 1, 2021, AB 571, sets default candidate contribution limits for city and county offices by creating identical campaign contribution limits to those imposed on certain elective state office candidates for county or city offices. • In passing AB 571, the California Legislature noted that the vast majority of counties and cities in the State did not have independently imposed local campaign contributions, although they maintained the local authority to do so.
• AB 571 was meant to reduce the frequency in which local candidates raise substantial campaign funds from a single contributor. It also aimed to stop systems that allow local candidates to exceed contribution limits to those elective state officeholders who have more constituents.
• The contribution limit that will now apply to city & county candidates pursuant to AB 571 is updated biennially for inflation. Limits can be found in Regulation 18545(a)2, or FPPC website under the Regulations page. The default limit for contributions for 2021-22 is set at $4,900 per election.
AB 2151 (Updates Political Reform Act of 1974: online filing & disclosure system.) • January 1, 2021, AB 2151, requires public agencies to post all copies of the required filings on its website within 72 hours of the applicable filing deadline. • The required filings must be made available for 4 years from the election date associated with the filing.
• Filings posted on the website must redact the street name, building number and bank account information for any campaign donor (person or entity) named on the required filings.
• Lathrop is currently a paper-filing agency for statutory FPPC campaign disclosure forms.
Appointed officials, Mayor & Council candidates, and campaign committees may file their statements in hard copy form only, with an original signature, per FPPC regulations. • Changes under AB 2151 have added additional time to implement redactions of appropriate information on statements and post to the website within the 72 hour timeframe.
FPPCRequirements for Electronic Filing
Council must adopt an ordinance:
• Ensure the integrity of the data and include safeguards against efforts to tamper with, manipulate, alter or subvert the data;
• Accept a filing in the standardized record format developed by the Secretary of State and compatible with their system for receiving electronic filings; and • Available free of charge to filers and to the public for viewing filings. • Procedures for compliance that filers sign statements and reports under penalty of perjury
Granicus System
• The City will be using the paperless electronic system, known as eDisclosure Docs offered by Granicus. Granicus is an approved vendor of the FPPC/SOS. • FPPC approved the City of Lathrop for electronic filing in December 2021. • Granicus is currently providing disclosure document software to the city and the release of the campaign disclosure module is next step in the process. • GC 84615 requires adoption of an ordinance if local agencies wish to require the filing of Recipient Committee Campaign Statements electronically; ordinance not required for electronic filing of Statement of Economic Interests Forms (Form 700); it does require FPPC approval.
• Staff recommends that Council adopt an ordinance for electronic filing of both types of FPPC forms for filing consistency and public access.
Benefits of Electronic Filing
• Electronic filing makes is easier for filers to comply with reporting obligations • The program will be offered at no expense to filers
• It will help ensure consistency with candidate filings • Ensures integrity and safeguarding of the data transmitted • Filings will have a professional appearance and include quality control checks to ensure that no required entries are missed • .
• Provides the public with information in an accessible and consistent format Benefits of Electronic Filing (cont.)
• Statements would post timely to the City’s website
• Staff will continue to provide assistance for those filers who cannot file electronically under certain circumstances and accommodate American with Disabilities Act (ADA)
• Less paper being printed and handled, a change consistent with the State’s and City’s waste reduction goals.
• If a filer does not possess the equipment to file electronically, staff will work with the filer on alternate / acceptable options.
Requested Council Actions
1. Hold a Public Hearing to hear public comment; and
2. Consider First Reading and Introduction of an Ordinance Amending Title 2 “Administration And Personnel” of the Lathrop Municipal Code by Adding New Chapter 2.60 Titled “Electronic Filing” to Accept Electronic and Paperless Filing of Fair Political Practices Commission Disclosure Campaign Statements & Statements of Economic Interest Forms