TO:Andrew P. Powers, City Manager
FROM:Laura B. Maguire, City Clerk
DATE:November 14, 2023
SUBJECT: Campaign Contribution Update Codification
RECOMMENDATION:
1. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance amending Chapter 13 of Title 1 of the Thousand Oaks Municipal Code as outlined in the ordinance.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time and costs to prepare this report and to update Thousand Oaks Municipal Code (TOMC) are included in the Adopted FY 2023-24 General Fund Budget.
BACKGROUND:
At the March 14, 2023, City Council meeting, staff presented City Council with an update on the City’s campaign contribution limit regulations, as prescribed by the TOMC, and recent related legislation changes. City Council directed staff to increase the campaign contribution base limit to $750, keep the biennial adjustment in odd-numbered years based on the CPI, and re-evaluate the base limit again in five years.
DISCUSSION/ANALYSIS:
Changes in the City’s campaign contribution limit regulations require that the TOMC be amended by ordinance. The following is a summary of the changes incorporated into the new campaign contribution limit ordinance based on City Council’s direction at the March 14, 2023, City Council meeting (Attachment #1).
Campaign Contribution Update Codification
November 14, 2023
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9 Contribution Limitations
Per the last CPI increase in 2021, TOMC §1-13.03(a) identifies the current contribution limit at $580. Based on City Council’s direction, a new contribution base limit will be set at $750. This new limit will apply to the 2024 election cycle.
As directed by City Council, the limit will continue to be adjusted on a biennial basis in odd-numbered years based on the CPI, and the next base limit re-evaluation will occur in five years.
Campaign Funds After Election
As discussed at the March 14, 2023, City Council meeting, TOMC §1-13.03(b)(3) requires that 90 days after the election, all candidates and campaign committees with remaining campaign funds dispose of said funds. The funds may be returned to contributors pro rata, turned over to the City’s General Fund, or donated to any bona fide charitable, educational, civic, religious, or similar tax-exempt, nonprofit organization. However, a recent change in legislation pursuant to Senate Bill (SB) 1439 (Government Code Section 84308), which went into effect January 1, 2023, requires that campaign contributions received in the last 12 months be returned in certain circumstances. It requires that elected members of a body who received campaign contributions of more than $250 in the last year from a donor involved in a proceeding involving a license, permit, or other entitlement for use, including a contract award recuse themselves from the proceeding unless the contribution is returned within 30 days after having knowledge of the contribution and proceeding.
Both the Fair Political Practices Commission (FPPC) and the Attorney General (Published Opinion No. 23-101) recently clarified that SB 1439 only affects contributions received after January 1, 2023. Therefore, this change will not affect the current City Council but will apply to candidates in the 2024 election cycle, and those subsequently elected.
To address this change in legislation, and ensure all candidates are in compliance, the disposition requirement for remaining campaign funds after the election has been updated. The amended ordinance includes language allowing keeping said funds for the purpose of maintaining available funds to comply with associated requirements under SB 1439 (Government Code Section 84308).
Any future changes in the legislation and its requirements will be incorporated in later scheduled contribution limit updates to come before the City Council.
Campaign Contribution Update Codification
November 14, 2023
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9 COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
PREPARED BY: Sandra M. Delgado, Deputy City Clerk
Attachments:
Attachment #1 – Ordinance
CCD:630-10\sd\H:\COMMON\Elections\Local Camp Ord\2023\111423 Campaign Contribution Update Staff Report.docx