ORDINANCE NO. 2022-1523
An ORDINANCE OF THE CITY OF SAN MARCOS,
CALIFORNIA, ADDING CHAPTER 2.22 (ELECTRONIC
FILING OF STATEMENTS OF ECONOMIC INTERESTS
AND CAMPAIGN DISCLOSURE STATEMENTS) TO TITLE
2 (ADMINISTRATION AND PERSONNEL ) OF THE SAN
MARCOS MUNICIPAL CODE
WHEREAS, Government Code Section 84615 authorizes local agencies to adopt an ordinance requir ing elected officer s, candidate s, committee s, or other filers under Chapter 4 of the Political Reform Act (commencing with Section 84100 of the Government Code) to file the requisite statements, reports, or other documents online or electronically with the local filing officer; and
WHEREAS, the City of San Marcos (City) has entered into an agreement with NetFile, Inc., a vendor approved by the California Secretary of State, to provide an online electronic filing system ("System") for campaign disclosure statements and Statements of Economic Interest forms; and
WHEREAS, the System will operate securely and effectively , will not unduly burden filers, and will: (1) ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; (2) only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and (3) be available free of charge to filers and to the public for viewing filings; and
WHEREAS, on August 22, 2022, the Fair Political Practices Commission approved the System, in accordance with Government Code section 87500.2; and
WHEREAS, the City desires to amend the San Marcos Municipal Code to add a new chapter relating to electronic filing of Campaign Disclosure Statements and Statements of Economic Interests.
NOW, THEREFORE, the City Council of the City of San Marcos, in accordance with the freedom accorded to charter cities generally, and by the Charter of the City of San Marco specifically, does ordain as follows:
Section 1. The above recitations and findings are true and correct.
Section 2. Chapter 2.22 is hereby added to the San Marcos Municipal Code as follows:
Ordinance 2022-1523
Chapter 2.22
Electronic Filing of Campaign Disclosure
Statements and Statements of Economic Interests
2.22.010 Purpose
2.22.020 Electronic Filing Requirement
2.22.030 Procedures for Utilizing Online Filing
2.22.040 Availability of Statements for Public Review; Records Retention
2.22.010 Purpose
The purpose of this Chapter is to re gulate the electronic filing of campaign disclosure statements, Statements of Economic Interests (Form 700) , and other documents, in accordance with Government Code sections 84615 and 87500.2,
2.22.020 Electronic Filing Requirement
(a) Any elected officer, candidate, commission, committee, or other person required to file statements, reports, or other documents required by Government Code Chapter 4 – Political Reform Act (commencing with Section 84100) shall file those documents electronically with the City Clerk, unless exempt from such filing under Government Code section 84615, using the City Clerk's on-line system.
(b) Any person holding a position listed in Government Code Section 87200 or designa ted in the City's local conflict of interest code adopted pursuant to Government Code section 87300, is permitted to file required statements of economic interest (Form 700) electronically, using the City Clerk’s on-line system.
Persons required to file electronically under this section and subsection (a), above, shall be referred to collectively as “Filers ,” and documents required to be filed under this section and subsection (a) shall be referred to collectively as “Statements.”
(c) Nothing in this Chapter is intended to mandate that a Filer required to file an original Statement with the California Secretary of State also file that Statement electronically with the City. However, if the Statement is required to be filed with the City in addition to the Secretary of State , the Filer may file the copy electronically with the City Clerk.
Ordinance 2022-1523
2.22.030 Procedures for Utilizing Online Filing
(a) Any Filer 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.
(b) Every Statement filed electronically shall include an electronic transmission that is submitted under penalty of perjury, in accordance with state law.
(c) Once a Statement is filed with the City Clerk, the Filer will receive an electronic confirmation notif ying the Filer that the Statement was received . The confirmation will include the date and the time that the Stateme nt 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 online shall be the day that it is received by the City Clerk. If a Filer does not receive such electronic confirmation within 24 hours of filing a Statement, the Filer shall notify the City Clerk.
(d) If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, a Filer shall file that Statement in paper format with the City Clerk.
(e) There will be no fee imposed by the City on Filers for filing Statements using the City Clerk’s online filing system.
2.22.030 Availability of Statements for Public Review; Records Retention
(a) All data contained in electronically filed Statements will be made available on the City's web site as soon as possible after receipt , excepting data that is legally required to be redacted. The data will be available on the website free of charge.
(b) The City Clerk Department office will maintain for a period of at least 10 years from the filing date, a secured, official version of each Statement, which shall serve as the official version of the Statement for audits and any other legal purpose.
Section 3. If any section, sentence, clause , or phrase of this Ordinance is determined to be invalid, illegal, or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted this Ordinance, and each section, sentence, Ordinance 2022-1523
clause, or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 4. This Ordinance shall be effective thirty (30) days following its adoption.
Within fifteen (15) days following its adoption, the City Clerk shall certify to the passage of this Ordinance and shall publish this Ordinance or the title thereof as a summary, in a newspaper of general circulation designated for publication of legal notices in the City of San Marcos, as required by state law.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos held on the 27th day of September 2022; and
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Marcos held on the 11th day of October 2022, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST: APPROVED AS TO FORM:
Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney City of San Marcos City of San Marcos