HomeMy WebLinkAboutOrdinance #3220 ORDINANCE NO. 3220
AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING TITLE 2 OF
THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 2.05 AND
ADDING NEW CHAPTER 2.07
RELATING TO CAMPAIGN REFORM
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION-I:
That the Huntington Beach Municipal Code is hereby amended by repealing Chapter 2.05 and
adding Chapter 2.07,to read as follows:
CHAPTER 2.07
CAMPAIGN REFORM
Sections:
2.07.010 Name
2.07.020 Purpose
2.07.030 Relation to Political Reform Act of 1974
2.07.040 Definitions
2.07.050 Contribution Limitations
2.07.060 Aggregation of Contributions
2.07.070 Election Cycles
2.07.080 Prohibition on Multiple Campaign Committees
2.07.090 Prohibition on Transfers
2.07.100 Loans to City Candidates and Elective City Officers and Their Controlled
Committees
2.07.110 Money Received by Officials Treated as Contributions
2.07.120 Solicitation of Contributions From Persons Who Have City Business
Dealings
2.07.130 Transmittal of Campaign Contributions in City Office Buildings
2.07.140 Disclosure of Occupation and Employer
2.07.150 Reporting of Cumulative Contributions
2.07,160 Reporting of Late Contributions
2.07.170 Criminal Misdemeanor Actions
2,07.180 Civil Actions
2.07.190 Injunctive Relief
2.07.200 Cost of Litigation
2.07.210 Statute of Limitations
2,07.220 Applicability of Other Laws
2.07.230 Severability
2.07.240 Interpretation of Chapter
2.07.250 Amendments and Additional Requirements
2.07.260 Effective Date
I I%sg\Campaign\12/23/93
2.07.010 Name. This Chapter shall be known and may be cited as the "City of
-2
Huntington Beach Campaign Reform Law." -
2.07.020 Purpose. The purpose of this Chapter is to ensure that the financial
strength of certain individuals or organizations does not permit them to exercise a
disproportionate or controlling influence on the election of City candidates. To achieve such
purpose, this Chapter is designed to reduce the influence of large contributions, to ensure that
multiple contributions in excess of the contribution limits do not originate from the same source
of funds, to ensure that individuals and interest groups continue to have a fair and equal
opportunity to participate in electing City candidates, and to maintain public trust in
governmental institutions and the electoral process.
2.07.030 Relation to Political Reform Act of 1974. This Chapter is intended to
supplement the Political Reform Act of 1974. Unless the term is specifically defined in this
Chapter, or the contrary is stated or clearly appears from the context, words and phrases shall
have the same meaning as when they are used in Title 9 of the California Government Code, in
which the Political Reform Act of 1974 is codified, as the same may be, from time to time,
amended.
2.07.040 Definitions.
A. "City Candidate" means any person who is a candidate for the City
Council, City Clerk, City Treasurer, or City Attorney of the City of Huntington Beach.
B. "Elective City Officer" means any person who is Mayor, a member of the
City Council, City Clerk, City Treasurer, or City Attorney of the City of Huntington Beach,
whether appointed or elected.
C. "Non-elected City Official" means any person who is a member of a City
of Huntington Beach board, committee,or commission, and who is not elected to that position.
D. "Person" means an individual,proprietorship, firm,partnership,joint
venture, syndicate, business trust, company, corporation, association, committee, and any other
organization or group of persons acting in concert.
2.07.050 Campaign Contribution Limitations.
A. No person shall make to any City candidate or the controlled committee of
any such City candidate, and no such candidate or committee shall accept from any such person,
a contribution or contributions totaling more than. (1) $300.00 in a City Council, City Clerk,
City Treasurer, or City Attorney election cycle; or(2) $200.00 in a recall election cycle.
2
111sg1Campaign112123/93 3220
_.... ._ .............. _._
B. Any person or committee, during the 12 months preceding a City election,
that makes independent expenditures or incurs obligations supporting or opposing City
candidate(s) shall not accept any contribution(s) from any person in excess of the amounts set
forth in Section 2.07.050A during the applicable time periods as set forth in Section 2.07.070 of
this Chapter.
C. The provision of this section shall not apply to a candidate's contribution
of his or her personal funds to his or her own campaign committee.
2.07.060 Aggregation of Contributions. For purposes of the limitations in
this Chapter, the following shall apply:
A. All contributions made by a sponsored committee to a City candidate or to
an elective City officer(or to a committee controlled by such candidate or officer) shall be
combined with those contributions made by the sponsor(s) of the committee and the combined
amount shall not exceed the contribution limits specified in Section 2.07.050 within the
applicable time periods set forth in Section 2.07.070 of this Chapter.
B. Two or more entities shall be treated as one person when any of the
following circumstances apply:
(1) The entities share the majority of members of their boards of
directors.
(2) The entities share two or more officers.
(3) The entities are owned or controlled by the same majority
shareholder or shareholders.
(4) The entities are in a parent-subsidiary relationship.
C. An individual and any general or limited partnership in which the
individual has a 10% or more share, or an individual and any corporation in which the individual
owns a controlling interest(50% or more), shall be treated as one person.
D. No committee which supports or opposes a City candidate shall have as a
majority of its officers individuals who serve as the majority of officers on any other committee
which supports or opposes the same City candidate. No such committee shall act in concert with
or solicit or make contributions on behalf of any other committee. This subdivision shall not
apply to treasurers of committees if these treasurers do not participate in or control in any way a
decision on whether the candidate or candidates receive contributions.
E. Contributions by children under 18 years of age shall be treated as
contributions by their parents.
3
111sg1Campaign112123/93 3220
2.07.070 Election Cycle.
A. City Council, City Clerk, City Treasurer, and City Attorney Elections.
For purposes of the limits of this Chapter, as applied to elections for City Council, City Clerk,
City Treasurer, and City Attorney, the final date for contributions shall be December 31 of the
year in which the election for the open position was held. Contributions made after the final date
shall be deemed contributions for the next election cycle.
B. Examples of Election Cycle. January 1, 1987,to December 31,
1990, was the "Election Cycle" for the 1990 election. Pursuant to § 2.07.070 Election Cycle, the
four year period for purposes of applying the interpretation of the Campaign Ordinance Election
Cycle 2.07.070A shall be as follows:
Example 1.
1992 Election Cycle - Three Council Seats and Clerk and Treasurer: January 1,
1989 - December 31, 1992
1. The "last election" was November, 1988.
2. December 31, 1988, was the last or final date for receipt of campaign
contributions for the 1988 election.
3. January 1, 1989, began the election cycle for the 1992 election.
4. December 31, 1992, ended the election cycle for the 1992 election.
Example 2.
1994 Election Cycle - Four Council Seats and City Attorney: January 1, 1991 -
December 31, 1994.
1. The "last election" was November 1990.
2. December 31, 1990, was the last or final date for receipt of campaign
contributions for the 1990 election.
3. January 1, 1991,began the election cycle for the 1994 election.
4. December 31, 1994, ends the election cycle for the 1994 election.
4
111sg1Campaign112/23/93
3220
Example 3.
1996 Election Cycle -Three Council Seats and Clerk and Treasurer: January 1,
1993 - December 31, 1996.
1. The "last election" was November 1992.
2. December 31, 1992, was the last or final date for receipt of campaign
contributions for the 1992 election.
3. January 1, 1993, began the election cycle for the 1996 election.
4. December 31, 1996, ends the election cycle for the 1996 election.
C. RecalIs. For purposes of the limits of this Chapter, campaign
contributions made at any time after a committee has been formed,pursuant to the provisions of
the Political Reform Act, in support of a recall election or after the City Clerk has approved a
recall petition for circulation and gathering of signatures, whichever occurs first, shall be
considered contributions during a recall election cycle. A recall election cycle shall end
whenever any of the following occur:
(1) The recall proponents fail to return signed petitions to the City
Clerk within the time limits set forth in the California Elections Code.
(2) All committees formed in support of the recall have been
terminated pursuant to the provisions of the Political Reform Act.
(3) Ten days after a recall election has been held.
This section shall be interpreted to allow the maximum amount which can be contributed
by any person to any candidate or anyone who has been a candidate, during a four year period,to
be the maximum amount specified in Section 2.07.50.
2.07.080 Prohibition on Multiple Campaign Committees. A City candidate or
an elective City officer shall have no more than one campaign committee which shall have only
one bank account out of which all qualified campaign and office holder expenses related to that
City office shall be made. This section does not prevent a City Candidate or an elective City
officer from establishing another campaign committee solely for the purpose of running for a
state, federal, local, or other City office. This section also does not prevent an elective City
officer from establishing another campaign committee solely for the purpose of opposing his or
her own recall.
2.07.090 Prohibition on Transfers.
A. No funds may be transferred into any City candidate or elective City
officer's campaign committee from any other campaign committee controlled by a candidate
(including said City candidate) or by an elective City officer (including said elective City
officer).
5
111sg1Campaign112/23/93
3220
B. No City candidate and no committee controlled by a City candidate or
elective City officer shall make any contribution to any other City candidate running for office or
to any committee supporting or opposing a City candidate for elective City office, nor to any
committee supporting or opposing a recall of an elective City officer. This section shall not
prohibit a City candidate from making a contribution from his or her own personal funds to his or
her own candidacy or to the candidacy of any other candidate for elective City office.
The provision of this section shall not apply to the candidate or elected officer who forms
a new committee for purposes of reelection to the same office and, to close out the prior
committee,transfers the money or debt from the prior committee to the new committee and, in so
doing, complies with all regulations of the Political Reform Act of 1974, and as amended.
2.07.100 Loans to City Candidates and Elective City Officers and Their
Controlled Committee.
A. A loan shall be considered a contribution from the maker and the
guarantor of the loan and shall be subject to the contribution limitations of this Chapter.
B. Every loan to a City candidate or elective City officer or their controlled
committees shall be by written agreement which shall be filed with the candidate's or
committee's Campaign Statement on which the loan is first reported.
C. The proceeds of a loan made to a City candidate or elective City officer by
a commercial lending institution in the regular course of business on the same terms available to
members of the public shall not be subject to the contribution limitations of this Chapter if the
loan is made directly to the City candidate or elective City officer or his or her controlled
committee. The guarantors of such a loan shall remain subject to the contribution limits of this
Chapter.
D. Extensions of credit(other than loans pursuant to Section 2.07.100C) for a
period of more than 30 days are subject to the contribution limitations of this Chapter.
E. This section shall apply only to loans and extensions of credit used or
intended for use for campaign purposes or which are otherwise connected with the holding of
public office.
F. The monetary limitations or provisions of this section shall not apply to a
candidate's loan of his or her personal funds to his or her own campaign committee.
6
1 i1sg\Campaign112/23/93 3220
2.07.110 Money Received by Officials Treated as Contributions. Any funds,
property, goods or services, other than government funds, received by elective City officers
which are used, or intended by the donor or by the recipient to be used, for expenses (including
legal expenses) related to holding public office, shall be considered campaign contributions and
shall be subject to the limitations of this Chapter. Reimbursement for reasonable travel expenses
related to holding public office shall be excluded from the provisions of this section.
2.07.120 Solicitation of Contributions From Persons Who Have City Business
Dealings. No non-elected City official or City employee shall solicit, direct or receive a
campaign contribution from any person, or his or her agent, who has a proceeding involving
legislative or administrative action pending before the City official or employee or has had such
a matter pending during the preceding 12 months. This section does not apply to a non-elected
City official or City employee who is a City candidate acting in furtherance of his or her own
controlled committee.
2.07.130 Transmittal of Campaign Contributions in City Office Buildings.
A. No person shall receive or personally deliver or attempt to deliver a
contribution in any office which the City owns or for which the City pays the majority of the
rent.
B. For purposes of this section:
(1) "Personally deliver" means delivery of a contribution in person or
causing a contribution to be delivered in person by an agent or intermediary, other than the
United States mail.
(2) "Receive" includes the precept of a campaign contribution
delivered in person.
2.07.140 Disclosure of Occupation and Employer. No campaign contribution
shall be deposited into a campaign bank account of a City candidate or elective City officer
unless the disclosure information required by the Political Reform Act, including the name,
address, occupation and employer of the contributor, or, if self employed, name of business, is on
file in the records of the recipient of the contribution. This information is to be reported on each
Campaign Statement required to be filed by the Political Reform Act.
2.07.150 Reporting of Cumulative Contributions. A cumulative contribution
for each contributor shall be based on an election cycle and shall be reported on each Campaign h,
Statement required to be filed by the Political Reform Act.
2.07.160 Reporting of Late Contributions. Notwithstanding the limit contained
in California Government Code Section 320, late expenditures or contributions in excess of
$200.00 shall be reported to the City Clerk within 24 hours of the contribution or expenditure.
7
I NgTampaign112I23193
3220
;r
2.07A70 Criminal Misdemeanor Actions.
A. Any person who willfully violates any provision of this Chapter is guilty
of a misdemeanor. Any person who willfully causes or solicits any other person to violate any
provision of this Chapter, or who aids and abets any other person in the violation of any
provision of this Chapter, shall be liable under the provisions of this section.
B. No person convicted of a misdemeanor under this Chapter shall be a
candidate for an elective City office or act as a City contractor for a period of four years
following the date of the conviction unless the court at the time of sentencing specifically
determines that this provision shall not be applicable. A plea of nolo contendere shall be deemed
a conviction for purposes of this section.
2.07.180 Civil Actions.
A. Any person who intentionally or negligently violates any provision of this
Chapter shall be liable in a civil action brought by the City Attorney or by a person residing
within the jurisdiction for an amount not more than three times the amount the person failed to
report properly or unlawfully contributed, expended, gave or received, or $5,000 per violation,
whichever is greater.
B. If two or more persons are responsible for any violation,they shall be
jointly and severally liable.
C. Any person, other than the City Attorney,before filing a civil action
pursuant to this subdivision, shall first file with the City Attorney a written request for the City
Attorney to commence the action. The request shall contain a statement of the grounds for
believing a cause of action exists. The City Attorney, within 30 days of receipt of the request,
shall conduct an initial inquiry into the merits of the complaint. If the City Attorney determines i
in good faith that additional time is needed to examine the matter further, the complaining party
shall be notified and the City Attorney shall automatically receive an additional 60 days in order
to determine the merits of the complaint. At the end of 60 days,the City Attorney shall inform
the complaining party whether the City Attorney intends to file a civil action or is conducting a
criminal investigation. If the City Attorney indicates in the affirmative and files a civil action or
criminal charges within 30 days thereafter, no other action may be brought unless the action
brought by the City Attorney is dismissed without prejudice.
D. In determining the amount of liability,the court may take into account the
seriousness of the violation and the degree of culpability of the defendant. If a judgment is
entered against the defendant or defendants in an action,the plaintiff shall receive 50% of the
amount recovered. The remaining 50% shall be deposited into the City's General Fund. In an
action brought by the City Attorney,the entire amount shall be paid to the General Fund.
P
3220
111sg1Campaign112/23/93
E. The term "City Attorney" as used in this section and Section 2.07.190
shall mean and refer to the City Attorney of the City of Huntington Beach or such other legal -
counsel as appointed by the City Attorney or City Council.
2.07.190 Injunctive Relief. Any person residing in the jurisdiction, including
the City Attorney, or such other legal counsel for the City as appointed by the City Attorney or
City Council,may sue for injunctive relief to enjoin violations or to compel compliance with the
provisions of this Chapter.
2.07.200 Cost of Litigation. The court may award to plaintiff, other than a public
agency, who prevails in any action authorized by this Chapter, his or her costs of litigation.
2.07.210 Statute of Limitations. Civil actions and/or criminal prosecutions
for violations of any provision of this Chapter shall be commenced within four years after the
date on which the violation occurred.
2.07.220 Applicability of Other Laws. Nothing in this Chapter shall exempt
any person from applicable provisions of any other laws of this state or jurisdiction.
i
II
2.07.230 Severability. If any provisions of this Chapter, or the application of any
such provision to any person or circumstances, shall be held invalid, the remainder of this
Chapter, to the extent it can be given effect, or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall not be affected thereby, and to
this extent the provisions of this Chapter are severable,
2.07.240 Interpretation of Chapter. This Chapter should be liberally construed
to accomplish its purposes.
2.07.250 Amendments and Additional Requirements. The City Council
shall review the contribution limitations contained in this Chapter in January of every fourth year
commencing in 1998 and determine whether such limitations shall be increased, decreased, or
remain the same. In the event the City Council determines that such limitations should be
amended, it shall do so by holding a public hearing and adopting an ordinance reflecting such
amendments.
2.07.260 Effective Date. The provisions of this Chapter shall become
effective upon adoption, pursuant to Huntington Beach City Charter Section 500(e)(1).
9
1 l Isg\Campaign112/23/93
3220
SECTION II
ADOPTED this 3rd- day of am-gax , 1994.
Mayor
ATTEST APPROVED AS TO FORM
City Clerk City Attorney 13
r;
REVIEWED AND APPROVED:
City Administrator
10
111sg\Campaign112123/93
I„
22.Q
i
Ord. No. 3220
is
STATE OF CALIFORNIA ) r:.
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, 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
meeting therof held on the 20th day of December
19 93 and was again read to said City Council at a regular
meeting therof held on the 3rd day of q, nun __ 1994 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Bauer, Robitaille, moulton--Patterson, Winchell, Leipzig, Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Silva
f, fonNm B(GIO Hay CITY CLERK of the aay of
f tuntinglon Beach and ex=officio Clerk of the aly
Council,do hweay cerfi,that a synopsis of.ffft ,t
ordinance has been punished in Me DailyPUoton City Clerk and ex-offici Clerk
G of the CityCouncil of the City
19
Y
of Huntington ton Beach California
In iccordaife with the city charter of said City.
Connie Brockway
City Clerk
Duty City Cirk