HomeMy WebLinkAboutOrdinance #1885 ORDINANCE NO. 1885
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING THERETO SECTIONS 1201 . 1, 1201 . 2,
1201. 3, 1201. 4 AND 1201 . 5 PERTAINING TO
CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by adding thereto Sections 1201. 1, 1201.2, 1201. 3, 1201. 4 ,
and 1201 . 5 to read as follows :
1201. 1. PURPOSE AND INTENT. It is the purpose and intent
of the City Council of the City of Huntington Beach, in enacting
this ordinance, to place realistic and enforceable limits on the
amount individuals may contribute to political campaigns in
municipal elections , to limit the amount which a candidate can
expend on his campaign to be elected to municipal office, to
prevent the exercise by campaign contributors of potential undue
or improper influence over elected officials , and to insure
against a candidate being elected to office based primarily on
the amount he expended on his campaign. The City Council of the
City of Huntington Beach finds that municipal elections are his-
torically municipal affairs and consequently the City of Huntington
Beach, a charter city, is not preempted by general state laws
from regulating contributions and expenditures in local elections .
1201. 2 . DEFINITIONS . Whenever in this section the follow-
ing words and phrases are used, they shall mean:
(A) "Campaign statement" means an itemized report signed
under penalty of perjury which is prepared on a form prescribed
by the City Clerk, and which provides the following information:
(a) Under the heading "receipts ," the total amount of
contributions and loans received, and under the heading "expendi-
tures , " the total amount of expenditures made during the period
covered by the campaign statement , and the cumulative amounts of
loans , contributions received and expenditures made with respect
to a municipal election.
(b) The balance of cash and cash equivalents on hand
at the beginning and at the end of the period covered by the cam-
paign statement .
WM:lm 1.
(c) The total amount of contributions received during
the period covered by the campaign statement for persons who have
given less than One Hundred Dollars ($100) and the total amount
of contributions received in a period covered by the campaign
statement for persons who have given One Hundred Dollars ($100)
or more.
(d) The total amount of expenditures disbursed during
the period covered by the campaign statement to persons who have
received less than One Hundred Dollars ( $100) and the total amount
of the expenditures disbursed during the period covered by the
campaign statement to persons who have received One Hundred Dollars
( $100) or more.
(e) The full name and city , state, occupation, and the
name of his or her employer, if any, or the principal place of
business if he or she is self-employed, of each person from whom
a contribution or contributions totaling One Hundred Dollars
( $100) or more has been received, together with the amount con-
tributed by each such person and the cumulative amount contributed
by each such person, provided, that in the case of committees
which are listed as contributors, the campaign statement shall
also contain the number assigned to the committee by the Secretary
of State or if no such number has been assigned, the full name
and street address of the treasurer of the committee.
(f) The full name and city, state, of each person to
whom an expenditure or expenditures totaling One Hundred Dollars
($100) or more has been made, together with the amount of each
separate expenditure to each such person during the period covered
by the campaign statement and the cumulative amount paid to each
such person; a brief description of the purpose for which the
expenditure was made; the full name and city and state of the
person providing the consideration for which any expenditure was
made if different from the payee; and in the case of committees
which are listed, the number assigned to each such committee by
the Secretary of State or if no such number has been assigned,
the full name and city, and state of the treasurer of the commit-
tee.
(g) In the case of a committee supporting or opposing
more than one candidate or measure, the total amount of expendi-
tures for or against such candidate or measure during the period
covered by the campaign statement and the cumulative total amount
of expenditures for or against each candidate or measure.
(h) The full name, residential and business addresses
and telephone numbers of the person filing the campaign statement
and, in the case of a campaign statement filed by a committee,
the name of the committee and the committee's street address and
telephone number.
2 .
In a campaign statement filed by a candidate, the full
name and street address of any committee of which he has knowl-
edge which has received contributions or made expenditures on
behalf of his candidacy, along with the full name, street address
and telephone number of the treasurer of such committee.
(i) Loans of money, property, or other things made to
a candidate or committee during the period covered by the cam-
paign statement, shall be reported separately in the statement ,
with the following information:
(1) The total value of all loans received during
the period covered by the campaign statement;
(2) For loans of One Hundred Dollars ($100) or
more in value, the full name, city and county, and state of each
lender, cosigner, and guarantor, the date of the loan, the amount
or value of the loan, the interest rate, and the amount of the
loan remaining unpaid.
(3) The cumulative total value of all loans re-
ceived; and
(4 ) The total amount of loans remaining unpaid.
Loans shall be reported even though received and repaid
during the period covered by the campaign statement . If a loan
has been forgiven or paid by a third person, it shall be reported.
The amount of the loan which has been forgiven or paid by a third
person shall be subtracted from the cumulative total under this
subdivision.
(j ) Where the amount of goods , services, facilities
or anything of value other than money is required to be reported,
the amount shall be the estimated fair market value thereof at
the time received or expended, and a description of the goods,
services or facilities shall be appended to the campaign state-
ment .
(B) "Candidate" shall mean any individual listed on the
ballot for nomination for or election to any city office or who
otherwise has taken affirmative action to seek nomination or
election to public office .
(C) "Committee" shall mean any person or combination of
two or more persons acting jointly in behalf of or in opposition
to a candidate or to the qualification for the ballot or adoption
of one or more measures .
(D) "Contribution" shall mean a gift, subscription, loan,
advance, deposit, pledge, contract , agreement or promise of
money or anything of value or other obligation, whether or not
3 .
legally enforceable, made directly or indirectly in aid of or
in opposition to the nomination or election of one or more candi-
dates or the qualification for the ballot or voter approval of
one or more measures . The term "contribution" includes the pur-
chase of tickets for events such as dinners , luncheons, rallies
and similar fund raising events ; a candidate 's own money or
property used on behalf of his candidacy; the granting to a candi-
date or committee of discounts or rebates not available to the
general public; and payments for the services of any person serv-
ing in behalf of a candidate or committee, when such payments
are not made from contributions the candidate or committee other-
wise must report under the terms of this chapter. The term
"contribution" shall not include a gift of service or labor when
volunteered by the person performing the service or labor, but
shall include a gift of service or labor paid for by a person
other than the person performing the service or labor. The term
"contribution" shall not include the cost of an event held in
honor or behalf of a candidate or committee when the total cost
of the event amounts to no more than Two Hundred Dollars ($200)
and when the event is not held for the purpose of obtaining con-
tributions to the candidate or committee.
(E) "Election" shall mean any primary, general or special
municipal election held in the City of Huntington ,Beach, includ-
ing an initiative, referendum or recall election.
(F) "Expenditure" shall mean a payment , pledge or promise
of payment of money or anything of value or other obligation,
whether or not legally enforceable, for goods , materials , services
or facilities in aid of or in opposition to the nomination or
election of one or more candidates or the qualification for the
ballot or adoption of one or more measures . The term "expenditure"
includes any transfer, payment, gift , loan, advance, deposit,
pledge, contract agreement or promise of money or anything of
value or other obligation, whether or not, legally enforceable,
made directly or indirectly by one committee to another committee.
(G) "Person" shall mean any individual, partnership, corp-
oration, association, firm, committee, club or other organization
or group of persons , however organized.
1201. 3 . CAMPAIGN CONTRIBUTIONS AND EXPENDITURES.
LIMITATIONS .
(a) CONTRIBUTION BY PERSONS . No person other than a candi-
date shall make, solicit or accept any contribution, gift , sub-
scription, loan, advance, deposit, pledge, or promise of money or
anything of value in aid of the nomination or election of a candi-
date which will cause the total amount contributed by such person
with respect to a single election in support of such candidate to
exceed Two Hundred Dollars ($200) .
4 .
(b ) CONTRIBUTION BY CANDIDATE . No candidate shall make
any contribution which will cause the total amount contributed
by him to his campaign with respect to a single election to
exceed Two Thousand Dollars ($2,000) .
(c ) ANONYMOUS CONTRIBUTIONS . Total anonymous contributions
to a candidate which exceed in the aggregate Two Hundred Dollars
($200) with respect to a single election shall not be used by the
candidate for whom it was intended. The total anonymous contri-
butions exceeding Two Hundred Dollars ($200) will beplaced in
the General Fund of the city, earmarked to be used for the pur-
poses of defraying the costs of municipal elections .
(d) CAMPAIGN CONTRIBUTIONS . LIMITATION. No candidate ,
committee or person shall accept contributions including contri-
butions from said candidate , as herein defined in Section
1201. 2 (D) , for any election, in the aggregate in excess of Five
Thousand Dollars ($5 ,000) .
(e) CAMPAIGN EXPENDITURES . LIMITATION . No candidate shall
incur aggregate campaign expenses to further the election or nom-
ination of such a candidate , including expenses incurred by per-
sons , committees or organizations subject to the immediate control
of and working directly for the election or nomination of such a
candidate in excess of the sum of Five Thousand Dollars ($5 000) .
1201. 4 . CAMPAIGN STATEMENTS .
(a) STATEMENTS REQUIRED. Each candidate and each committee
supporting or opposing a candidate or candidates , shall file as
a public record with the City Clerk three ( 3) cumulative , verified
campaign statements containing the information set forth in
Section 1201. 2(A) .
(b) TIMES FOR FILING. Each candidate and each committee
supporting or opposing a candidate or candidates , shall file
campaign statements according to the following schedule :
(1) A campaign statement , the closing date of which
shall be the 28th day before the election, shall be filed no
later than the 25th day prior to the election.
(2) A campaign statement , the closing date of which
shall be the loth day before the election, shall be filed no later
than the 7th day prior to the election.
(3) A campaign statement , the closing date of which
shall be the 31st day after the election, shall be filed no later
than the 38th day after the election . Notwithstanding the above ,
if prior to the closing date all liabilities of the candidate or
committee have been paid and no additional contributions are
expected, the campaign statement may be filed at any time after
the election with a closing date other than the 31st day follow-
ing the election and not later than the 38th day following the
election.
5 .
1201. 5. INFRACTION, EFFECT OF VIOLATION.
(a) INFRACTION. It shall be unlawful for any person to know-
ingly violate, or knowingly permit any other person to violate any
provision of this chapter. Any such person shall be guilty of an
infraction as defined in Section 19c of the California Penal Code
and shall be subject to a fine of not more than One Hundred Dollars
($100) by any court of competent jurisdiction.
(b) EFFECT OF VIOLATION. If after his election a candidate
is convicted of a violation of any provision of this Chapter, the
election to office of such candidate shall be void and such office
shall become vacant immediately thereupon. In such event, the
vacancy shall be filled in accordance with the procedures as set
forth in the City Charter. If a candidate is convicted of a vio-
lation of any of the provisions of this chapter at any time prior
to this election, his candidacy shall be terminated immediately
and he shall no longer be eligible for election.
SECTION 2 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance, or any future amendments
or additions hereto, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the remain-
ing portions of this ordinance, or any future amendments or addi-
tions hereto. The City Council of the City of Huntington Beach
hereby declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, or portion
or any future amendments or additions thereto, irrespective of
the fact that any one or more sections, subsections, clauses,
phrases, portions or any future amendments or additions thereto
be declared invalid or unconstitutional .
SECTION 3 . This ordinance shall take effect thirty days after
its adoption. The City Clerk shall certify to the passage of this
ordinance and cause the same to be published within fifteen days
after adoption in the Huntington Beach News, a weekly newspaper of
general circulation, printed and published in Huntington Beach,
California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 17th
day of December, 1973 •
Mayor
6.
I
Ord. No. 1885
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
adjourned meeting thereof held on the loth day of December,
19 73 , and was again read to said City Council at a regular
meeting thereof held on the 17th day of December 19 73 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Shipley, Bartlett, Green, Coen, Duke, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
Gibbs
ity Clerk anfcT ex-of f icio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council, do hereby certify that this ordinance has
been published in the Huntington Beach News on
...--- ..�7,-7..... i9-Z-3.
In accordance with the City Charter of said City.
ALICIA M. WENTWORTH
.............. ... ----------------..................
City Clerk
Deputy City Clerk