ORDINANCE NO. 0-2023-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA ADDING CHAPTER 2.54
"ELECTRONIC AND PAPERLESS FILING OF CAMPAIGN
DISCLOSURE STATEMENTS AND STATEMENT OF
ECONOMIC INTEREST," RELATING TO ELECTRONIC
AND PAPERLESS FILING OF FAIR POLITICAL
PRACTICES COMMISSION CAMPAIGN DISCLOSURE
AND ECONOMIC INTEREST STATEMENTS
City Attorney Summary
This Ordinance would add Chapter 2.54 to the City of Placentia Municipal Code and require the electronic submission of campaign disclosure statements.
WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements,reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the Office of the City Clerk.
NOW, THEREFORE, the City Council of the City of Placentia does hereby find, determine and ordain as follows:
SECTION 1. There is no possibility that the adoption of this ordinance will have a significant impact on the environment, and therefore, the adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Section 15061(b)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).
SECTION 2. The purpose of this Ordinance is to require the filing of Campaign Disclosure Statements by elected officials, candidates, or committees and Statements of Economic Interest electronically pursuant to Government Code 84615. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act.
SECTION 3. The City Council of the City of Placentia finds and determines as follows:
A. California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee to file statements, reports or other documents required by Chapter 4 of the Political Reform Act online or electronically with the City Clerk;
Ordinance 0-2023-02
B. In any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement 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; C. The City Clerk should operate the City's electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws.
SECTION 4. Chapter 2.54 ("Electronic filing of campaign disclosure statements and statement of economic interest") is hereby added to Title 2 ("Administration and Personnel") of the Placentia Municpal Code as follows:
Chapter 2.54 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS
AND STATEMENT OF ECONOMIC INTEREST
2.54.010 - General.
A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) shall file such statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. From and after July 1, 2023, elected officers, candidates, and committees required to file statements must file such statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615 (a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes Tess than $2,000 in expenditures in a calendar year.
B. The online 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.
C. The online filing system shall only accept a filing 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 and that is compatible with the Secretary of State's system for receiving an online or electronic filing.
D. The online 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 of the Government Code.
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2.54.020 - Procedures for Utilizing Online Filing.
A. During the period commencing with the effective date of this Ordinance and ending June 30, 2023, an elected officer, candidate, or committee may choose to utilize 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 the elected officer, candidate, or committee has filed electronically, all subsequent Statements shall be filed electronically. From and after July 1, 2023, electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Government Code 84615.
B.. Any elected officer, candidate, or committee 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.
C. The City Clerk shall issue an electronic confirmation that notifies the filer that the statement was received, which notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a statement filed electronically shall be the day that it is received by the City Clerk.
D. If the City Clerk's system is not capable of accepting a statement due to technical difficulties, an elected officer, candidate, or committee shall file that statement in paper format with the City Clerk.
E. The online filing system shall enable electronic filers to complete and submit filings free of charge.
2.54.030 Availability of Statements for Public Review; Record Retention.
A. The City Clerk's system shall make all the data filed available on the City's webpage 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. Data made available on the City's webpage shall not contain the street name and building number, phone number, and signature block 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 make a complete, unredacted copy of the statement, including any street names, building numbers, phone numbers, signature block, and bank account numbers disclosed by the filer, available to any person upon request.
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B. The City Clerk's Office shall maintain, for a period of at least ten (10) years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose.
2.54.040 — Severability
A. If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provision or application; accordingly, the provisions of this Chapter are hereby declared to be severable.
SECTION 5: All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
SECTION 6. This ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Placentia, along with the names of the City Council voting for and against its passage.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on June 6, 2023.
PASSED, APPROVED AND ADOPTED this day of , 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
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I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 6th day of June 2023 and adopted at a regular meeting of the City Council of the City of Placentia, held on the 20th day of June, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Ordinance 0-2023-02