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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF THOUSAND OAKS AMENDING
TITLE 1, CHAPTER 13, SECTION 4 OF
MUNICIPAL CODE REGARDING ELECTRONIC
CAMPAIGN DISCLOSURE STATEMENTS AND
FAIR POLITICAL PRACTICES COMMISSION
FILINGS
WHEREAS, the use of electronic and digital signatures, in lieu of handwritten or physical signatures, has become widespread in both the private and government sectors and has increased efficiencies and overall customer service; and
WHEREAS, Government Code Section 84615 provides for local government agencies to allow and/or require the filing of Fair Political Practices Commission (FPPC) campaign statements, reports, or other forms electronically with a local filing officer through the adoption of an ordinance; and WHEREAS, Government Code Section 84615 also requires that any such online system would operate securely and effectively and would not unduly burden filers; would contain multiple safeguards to protect the integrity and security of the data transmitted, including safeguards against efforts to tamper with, manipulate, alter, or subvert the data; would 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 would be available free of charge to filers and to the public for viewing filings; and WHEREAS, this ordinance will satisfy the requirements of Government Code Section 84615 for any future electronic filing system for the filing of campaign disclosure statements; and
WHEREAS, FPPC Regulation 18104 specifies that filings may be submitted to the filing agency in electronic format, including via an official agency email address, with a secure electronic signature, if permitted by the agency responsible for maintaining the original document where “secure electronic signature” is either an electronic signature submitted through a valid electronic filing system, or a “digital signature,” which requires the signature be unique to the person using it, capable of verification, under the sole control of the person using it, linked to data in such a manner that if the data are changed, the digital signature is invalidated, and conforming to applicable California Code of Regulations requirements; and ATTACHMENT #1
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WHEREAS, City Council approves the use of electronic campaign disclosure statement filing to conserve staff resources, facilitate compliance with Government Code and FPPC Regulations, and ensure that the public has access to this information in a timely manner; and
WHEREAS, the City desires to expand the use of electronic and digital signatures to all appropriate areas of City business, including, but not limited to, the signing of campaign disclosure statements and other FPPC forms as permitted by the FPPC.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does ordain as follows:
Part 1.
Title 1, Chapter 13, Section 4 of the Thousand Oaks Municipal Code is hereby amended to add subsection (f):
Sec. 1-13.04. FILING REQUIREMENTS.
(f) Acceptance for filing campaign reports. An elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (Government Code Section 84100 et seq.) of the Political Reform Act is permitted and may subsequently be required to file those statements, reports, or other documents electronically with the City Clerk who is authorized to establish, amend, and implement procedures as necessary or convenient to ensure the system’s efficient administration and that such system complies with the Political Reform Act. This section shall have the following exceptions:
i) Subsection (f) shall not apply in any instance in which the original statement, report, or other document is required to be filed with the California Secretary of State and a copy is required to be filed with the City. Said copy may be provided as a hard copy or filed electronically with the City Clerk at the filer’s discretion. ii) Subsection (f) shall not apply to an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000 and makes expenditures totaling less than $2,000 in a calendar year.
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Part 2.
(Uncodified)
Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 3.
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED this XXth day of XXXXX, 2024, by
the following vote:
Ayes:
Noes:
Absent:
________________________________
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
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APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Introduced: XXXX XX, 2024
Published: XXXX XX, 2024
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.