From: Sri-Srinivasan Manivannan
To: Maria Le; Srinivasan Manivannan; SRI@CityOfSantaClara Subject: Proposal for Charter Amendment: "Ethics in Governance: Prohibition on Campaign Financing by Entities Doing Business with the City"
Date: Sunday, February 23, 2025 8:31:07 PM
Attachments: Gov.Ethics Committee Proposal for Ordinance to Prohibit Campaign Contributions from Contractors and Subcontractors.pdf
Importance: High
You don't often get email from [email protected]. Learn why this is important Proposal for Charter Amendment: "Ethics in Governance: Prohibition on Campaign Financing by Entities Doing Business with the City"
Submitted to: Governance and Ethics Committee, City of Santa Clara Dear Members of the Governance and Ethics Committee,
I am not representing any commission, though I am a member of the Senior Advisory Commission. I am representing myself as a proud resident of this great Mission City from God's Country.
I am writing to propose an ordinance to prohibit campaign contributions from contractors and subcontractors doing business with the City of Santa Clara, along with robust disclosure requirements and enforcement mechanisms. This ordinance is modeled after similar measures in cities with strong pay-to-play laws, including Los Angeles, San Francisco, New York City, Chicago, Philadelphia, Seattle, Austin, Boston, Denver, San Diego, Washington, D.C., Miami-Dade County, Portland, Albuquerque, and Sacramento.
These cities have implemented strict regulations to ensure transparency, prevent undue influence, and maintain public trust in the contracting process. By adopting a similar ordinance, Santa Clara can align itself with best practices and demonstrate its commitment to ethical governance.
Attached is the proposed ordinance for your review. I urge the council to consider this measure promptly to strengthen accountability and integrity in our city’s contracting processes.
Thank you for your attention to this important matter. I look forward to your feedback and support.
Respectfully,
Srinivasan (SRI) Manivannan
Proud Resident of Santa Clara
ORDINANCE PROPOSAL
To the Honorable Mayor, City Council Members, and Constituents of the City of Santa Clara:
Subject: Ordinance to Prohibit Campaign Contributions from City Contractors and Subcontractors and Establish Disclosure Requirements
Proposed Ordinance
Section 1. Prohibition on Contributions
1.1. Prohibition: Contractors and subcontractors currently under contract with the City of Santa Clara, or bidding on city contracts, are prohibited from making contributions to any city candidate, officeholder, or their controlled committees. This prohibition extends for [insert time frame] after the contract’s completion.
1.2. Scope: This prohibition applies to all contracts, including but not limited to construction, professional services, and vendor agreements. It includes all tiers of subcontractors working under the primary contract.
1.3. Definition of Terms:
Contractor: Any entity or individual entering into an agreement with the city.
Subcontractor: Any entity or individual performing work under a contractor’s agreement with the city.
Contribution: Any monetary or in-kind donation to a city candidate, officeholder, or controlled committee.
Controlled Committee: Any committee primarily formed to support a city candidate or officeholder.
Section 2. Disclosure Requirements
2.1. Pre-Contract Disclosure: Contractors and subcontractors must disclose all contributions made to city candidates, officeholders, or their controlled committees within the preceding 24 months before entering into a city contract.
2.2. Ongoing Disclosure: Contractors and subcontractors must disclose any contributions made during the term of the contract and for 24 months following its completion.
2.3. Public Database Requirement: The City of Santa Clara shall maintain a publicly accessible database of contributions reported under this ordinance.
Section 3. Enforcement and Penalties
3.1. Penalties: Violations of this ordinance may result in:
Fines up to $[insert amount] per violation.
Disqualification from current and future city contracts for [insert time frame].
Legal action, including potential civil or criminal penalties, against all involved parties.
3.2. Audit Authority:
The City of Santa Clara reserves the right to audit contractors, subcontractors, and all associated entities for compliance with this ordinance.
Any violation, whether direct or indirect, is subject to audit and potential legal actions against all involved parties.
3.3. Appeals Process:
Any entity penalized under this ordinance may appeal the decision through an administrative process established by the city.
Section 4. Incorporation of Relevant Codes
4.1. This ordinance shall be incorporated into the Santa Clara Municipal Code under [insert relevant title/chapter, e.g., "Ethics and Campaign Finance"].
4.2. This ordinance aligns with:
California Government Code § 1090, prohibiting conflicts of interest.
Political Reform Act of 1974, ensuring transparency in campaign financing.
4.3. Whistleblower Protections: Any individual reporting violations shall be protected from retaliation under city, state, and federal whistleblower laws.
Section 5. Effective Date
5.1. This ordinance shall take effect immediately upon adoption.
Section 6. Severability
6.1. If any provision of this ordinance is found invalid, the remaining provisions shall remain in full force and effect.
Purpose
This ordinance aims to prevent pay-to-play practices, ensure transparency, and maintain public trust in the contracting process by prohibiting campaign contributions from contractors and subcontractors and requiring full disclosure of contributions.
Key Additions & Enhancements:
Expanded enforcement: Legal action against all involved parties for direct or indirect violations.
Audit clause: City reserves the right to audit all parties at any stage.
Extended disclosure timeline: Covers 24 months before, during, and after contracts.
Whistleblower protections: Ensures accountability without fear of retaliation.
Public database: Transparency through a city-maintained contribution database.
"U.S. Cities with Strong Pay-to-Play Laws: Strict Regulations on Contractor Contributions to Elections"
Cities in the United States with strict ordinances and regulations governing contractor contributions to election campaigns, similar to Los Angeles, are typically those with strong ethics and campaign finance laws aimed at preventing "pay-to-play" practices. These laws often restrict or prohibit campaign contributions from contractors who do business with the city to officials who have influence over contracting decisions. Below is a list of cities known for having such strict regulations:
1. Los Angeles, California
Regulations: Los Angeles has some of the most stringent campaign finance laws in the country. Contractors who do business with the city are prohibited from making campaign contributions to city officials involved in the contracting process.
Key Features:
Ban on contributions during the contract negotiation and for 12 months after the contract is awarded.
Strict disclosure requirements for contractors and elected officials.
2. San Francisco, California
Regulations: San Francisco has robust campaign finance laws that restrict contributions from contractors and lobbyists.
Key Features:
Prohibition on contributions from contractors seeking or holding contracts with the city.
Disclosure of contributions from contractors and their affiliates.
3. New York City, New York
Regulations: New York City has strict pay-to-play laws that limit contributions from individuals and entities doing business with the city.
Key Features:
Contribution limits for city contractors and lobbyists.
Public matching funds program to reduce reliance on large contributions.
4. Chicago, Illinois
Regulations: Chicago has ordinances aimed at preventing pay-to-play practices by restricting contributions from contractors.
Key Features:
Ban on contributions from contractors bidding on city contracts.
Disclosure requirements for contractors and elected officials.
5. Philadelphia, Pennsylvania
Regulations: Philadelphia has strict campaign finance laws to prevent undue influence from contractors.
Key Features:
Contribution limits for city contractors and their principals.
Disclosure of contributions from contractors and their affiliates.
6. Seattle, Washington
Regulations: Seattle has strong ethics and campaign finance laws to prevent pay-to-play practices.
Key Features:
Restrictions on contributions from contractors doing business with the city.
Public disclosure of contributions from contractors.
7. Austin, Texas
Regulations: Austin has campaign finance laws that limit contributions from contractors and lobbyists.
Key Features:
Contribution limits for contractors and their affiliates.
Disclosure requirements for contributions from contractors.
8. Boston, Massachusetts
Regulations: Boston has ordinances aimed at preventing pay-to-play practices by restricting contributions from contractors.
Key Features:
Ban on contributions from contractors bidding on city contracts.
Disclosure of contributions from contractors and their affiliates.
9. Denver, Colorado
Regulations: Denver has strict campaign finance laws to prevent undue influence from contractors.
Key Features:
Contribution limits for city contractors and their principals.
Public disclosure of contributions from contractors.
10. San Diego, California
Regulations: San Diego has ordinances aimed at preventing pay-to-play practices by restricting contributions from contractors.
Key Features:
Ban on contributions from contractors bidding on city contracts.
Disclosure requirements for contributions from contractors.
11. Washington, D.C.
Regulations: Washington, D.C., has strict campaign finance laws to prevent pay-to-play practices.
Key Features:
Contribution limits for contractors doing business with the city.
Public disclosure of contributions from contractors.
12. Miami-Dade County, Florida
Regulations: Miami-Dade County has ordinances aimed at preventing pay-to-play practices by restricting contributions from contractors.
Key Features:
Ban on contributions from contractors bidding on county contracts.
Disclosure requirements for contributions from contractors.
13. Portland, Oregon
Regulations: Portland has strong ethics and campaign finance laws to prevent undue influence from contractors.
Key Features:
Contribution limits for contractors doing business with the city.
Public disclosure of contributions from contractors.
14. Albuquerque, New Mexico
Regulations: Albuquerque has ordinances aimed at preventing pay-to-play practices by restricting contributions from contractors.
Key Features:
Ban on contributions from contractors bidding on city contracts.
Disclosure requirements for contributions from contractors.
15. Sacramento, California
Regulations: Sacramento has campaign finance laws that limit contributions from contractors and lobbyists.
Key Features:
Contribution limits for contractors and their affiliates.
Disclosure requirements for contributions from contractors.
Key Features of Strict Contractor Contribution Laws
Cities with strict regulations typically share the following features:
1. Contribution Bans or Limits: Prohibiting or limiting contributions from contractors and their affiliates.
2. Disclosure Requirements: Requiring detailed disclosure of contributions from contractors.
3. Time Restrictions: Banning contributions during contract negotiations or for a specified period after contract awards.
4. Enforcement Mechanisms: Imposing penalties for violations, such as fines or contract disqualification.
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
Proposal for Charter Amendment: "Ethics in Governance: Prohibition on Campaign Financing by Entities Doing Business with the City" Submitted to: Governance and Ethics Committee, City of Santa Clara Dear Members of the Governance and Ethics Committee,
I am not representing any commission, though I am a member of the Senior Advisory Commission. I am representing myself as a proud resident of this great Mission City from God's Country.
I am writing to propose an ordinance to prohibit campaign contributions from contractors and subcontractors doing business with the City of Santa Clara, along with robust disclosure requirements and enforcement mechanisms. This ordinance is modeled after similar measures in cities with strong pay-to-play laws, including Los Angeles, San Francisco, New York City, Chicago, Philadelphia, Seattle, Austin, Boston, Denver, San Diego, Washington, D.C., Miami-Dade County, Portland, Albuquerque, and Sacramento.
These cities have implemented strict regulations to ensure transparency, prevent undue influence, and maintain public trust in the contracting process. By adopting a similar ordinance, Santa Clara can align itself with best practices and demonstrate its commitment to ethical governance.
Attached is the proposed ordinance for your review. I urge the council to consider this measure promptly to strengthen accountability and integrity in our city’s contracting processes.
Thank you for your attention to this important matter. I look forward to your feedback and support.
Respectfully,
Srinivasan (SRI) Manivannan
Proud Resident of Santa Clara
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
ORDINANCE PROPOSAL
To the Honorable Mayor, City Council Members, and Constituents of the City of Santa Clara:
Subject: Ordinance to Prohibit Campaign Contributions from City Contractors and Subcontractors and Establish Disclosure Requirements Proposed Ordinance
Section 1. Prohibition on Contributions
1.1. Prohibition: Contractors and subcontractors currently under contract with the City of Santa Clara, or bidding on city contracts, are prohibited from making contributions to any city candidate, officeholder, or their controlled committees.
This prohibition extends for [insert time frame] after the contract’s completion.
1.2. Scope: This prohibition applies to all contracts, including but not limited to construction, professional services, and vendor agreements. It includes all tiers of subcontractors working under the primary contract.
1.3. Definition of Terms:
• Contractor: Any entity or individual entering into an agreement with the city.
• Subcontractor: Any entity or individual performing work under a contractor’s agreement with the city.
• Contribution: Any monetary or in-kind donation to a city candidate, officeholder, or controlled committee.
• Controlled Committee: Any committee primarily formed to support a city candidate or officeholder.
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
Section 2. Disclosure Requirements
2.1. Pre-Contract Disclosure: Contractors and subcontractors must disclose all contributions made to city candidates, officeholders, or their controlled committees within the preceding 24 months before entering into a city contract.
2.2. Ongoing Disclosure: Contractors and subcontractors must disclose any contributions made during the term of the contract and for 24 months following its completion.
2.3. Public Database Requirement: The City of Santa Clara shall maintain a publicly accessible database of contributions reported under this ordinance.
Section 3. Enforcement and Penalties
3.1. Penalties: Violations of this ordinance may result in:
• Fines up to $[insert amount] per violation.
• Disqualification from current and future city contracts for [insert time frame].
• Legal action, including potential civil or criminal penalties, against all involved parties.
3.2. Audit Authority:
• The City of Santa Clara reserves the right to audit contractors, subcontractors, and all associated entities for compliance with this ordinance.
• Any violation, whether direct or indirect, is subject to audit and potential legal actions against all involved parties.
3.3. Appeals Process:
• Any entity penalized under this ordinance may appeal the decision through an administrative process established by the city.
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
Section 4. Incorporation of Relevant Codes
4.1. This ordinance shall be incorporated into the Santa Clara Municipal Code under [insert relevant title/chapter, e.g., "Ethics and Campaign Finance"].
4.2. This ordinance aligns with:
• California Government Code § 1090, prohibiting conflicts of interest. • Political Reform Act of 1974, ensuring transparency in campaign financing.
4.3. Whistleblower Protections: Any individual reporting violations shall be protected from retaliation under city, state, and federal whistleblower laws.
Section 5. Effective Date
5.1. This ordinance shall take effect immediately upon adoption.
Section 6. Severability
6.1. If any provision of this ordinance is found invalid, the remaining provisions shall remain in full force and effect.
Purpose
This ordinance aims to prevent pay-to-play practices, ensure transparency, and maintain public trust in the contracting process by prohibiting campaign contributions from contractors and subcontractors and requiring full disclosure of contributions.
Key Additions & Enhancements:
✔ Expanded enforcement: Legal action against all involved parties for direct or indirect violations.
✔ Audit clause: City reserves the right to audit all parties at any stage. ✔ Extended disclosure timeline: Covers 24 months before, during, and after
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
contracts.
✔ Whistleblower protections: Ensures accountability without fear of retaliation. ✔ Public database: Transparency through a city-maintained contribution database.
"U.S. Cities with Strong Pay-to-Play Laws: Strict Regulations on Contractor Contributions to Elections"
Cities in the United States with strict ordinances and regulations governing contractor contributions to election campaigns, similar to Los Angeles, are typically those with strong ethics and campaign finance laws aimed at preventing "pay-to-play" practices. These laws often restrict or prohibit campaign contributions from contractors who do business with the city to officials who have influence over contracting decisions. Below is a list of cities known for having such strict regulations:
1. Los Angeles, California
• Regulations: Los Angeles has some of the most stringent campaign finance laws in the country. Contractors who do business with the city are prohibited from making campaign contributions to city officials involved in the contracting process.
• Key Features:
o Ban on contributions during the contract negotiation and for 12 months after the contract is awarded.
o Strict disclosure requirements for contractors and elected officials.
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
2. San Francisco, California
• Regulations: San Francisco has robust campaign finance laws that restrict contributions from contractors and lobbyists.
• Key Features:
o Prohibition on contributions from contractors seeking or holding contracts with the city.
o Disclosure of contributions from contractors and their affiliates.
3. New York City, New York
• Regulations: New York City has strict pay-to-play laws that limit contributions from individuals and entities doing business with the city. • Key Features:
o Contribution limits for city contractors and lobbyists. o Public matching funds program to reduce reliance on large contributions.
4. Chicago, Illinois
• Regulations: Chicago has ordinances aimed at preventing pay-to-play practices by restricting contributions from contractors. • Key Features:
o Ban on contributions from contractors bidding on city contracts. o Disclosure requirements for contractors and elected officials.
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
5. Philadelphia, Pennsylvania
• Regulations: Philadelphia has strict campaign finance laws to prevent undue influence from contractors.
• Key Features:
o Contribution limits for city contractors and their principals. o Disclosure of contributions from contractors and their affiliates.
6. Seattle, Washington
• Regulations: Seattle has strong ethics and campaign finance laws to prevent pay-to-play practices.
• Key Features:
o Restrictions on contributions from contractors doing business with the city.
o Public disclosure of contributions from contractors.
7. Austin, Texas
• Regulations: Austin has campaign finance laws that limit contributions from contractors and lobbyists.
• Key Features:
o Contribution limits for contractors and their affiliates. o Disclosure requirements for contributions from contractors.
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
8. Boston, Massachusetts
• Regulations: Boston has ordinances aimed at preventing pay-to-play practices by restricting contributions from contractors. • Key Features:
o Ban on contributions from contractors bidding on city contracts. o Disclosure of contributions from contractors and their affiliates.
9. Denver, Colorado
• Regulations: Denver has strict campaign finance laws to prevent undue influence from contractors.
• Key Features:
o Contribution limits for city contractors and their principals. o Public disclosure of contributions from contractors.
10. San Diego, California
• Regulations: San Diego has ordinances aimed at preventing pay-to-play practices by restricting contributions from contractors. • Key Features:
o Ban on contributions from contractors bidding on city contracts. o Disclosure requirements for contributions from contractors.
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
11. Washington, D.C.
• Regulations: Washington, D.C., has strict campaign finance laws to prevent pay-to-play practices.
• Key Features:
o Contribution limits for contractors doing business with the city. o Public disclosure of contributions from contractors.
12. Miami-Dade County, Florida
• Regulations: Miami-Dade County has ordinances aimed at preventing pay- to-play practices by restricting contributions from contractors. • Key Features:
o Ban on contributions from contractors bidding on county contracts. o Disclosure requirements for contributions from contractors.
13. Portland, Oregon
• Regulations: Portland has strong ethics and campaign finance laws to prevent undue influence from contractors.
• Key Features:
o Contribution limits for contractors doing business with the city. o Public disclosure of contributions from contractors.
14. Albuquerque, New Mexico
Srinivasan (Sri) Manivannan | Santa Clara | 2/23/2025 | [email protected]
Proposal for Ordinance Last updated on: 2/23/2025
• Regulations: Albuquerque has ordinances aimed at preventing pay-to-play practices by restricting contributions from contractors. • Key Features:
o Ban on contributions from contractors bidding on city contracts. o Disclosure requirements for contributions from contractors.
15. Sacramento, California
• Regulations: Sacramento has campaign finance laws that limit contributions from contractors and lobbyists.
• Key Features:
o Contribution limits for contractors and their affiliates. o Disclosure requirements for contributions from contractors.
Key Features of Strict Contractor Contribution Laws
Cities with strict regulations typically share the following features:
1. Contribution Bans or Limits: Prohibiting or limiting contributions from contractors and their affiliates.
2. Disclosure Requirements: Requiring detailed disclosure of contributions from contractors.
3. Time Restrictions: Banning contributions during contract negotiations or for a specified period after contract awards.
4. Enforcement Mechanisms: Imposing penalties for violations, such as fines or contract disqualification.