HomeMy WebLinkAboutOrdinance #3452 ORDINANCE NO. 3 4 5 2
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTION 2.07.050(b) OF THE
HUNTINGTON BEACH MUNICIPAL CODE
REGARDING THE CAMPAIGN CONTRIBUTION LIMITATON OF THE
CITY OF HUNTINGTON BEACH CAMPAIGN REFORM LAW
WHEREAS, the City Council adopted in 1994 the "City of Huntington Beach Campaign Reform
Law"; and
The purpose of the Campaign Reform Law is to ensure that the financial strength of
certain individuals or organizations would not permit them to exercise a disproportionate or
controlling influence on the election of City candidates. To achieve such purpose, the Campaign
Reform Law was 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; and
The City was sued in the case entitled Righeimer, et al. v. City of Huntington Beach,
U.S.D.C., Central District of California, Case No. SACV94-676-AH5(EEx), in which the
Plaintiffs alleged that Section 2.07.050(b) of the Campaign Reform Law prohibited them from
making joint independent expenditures to publish advertisements to support or oppose candidates
for election; and
The City has interpreted Section 2107.050(b)to only limit contributions to persons and
committees, and not joint independent expenditures; and
The City Council is desirous of codifying this interpretation to avoid further litigation;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
1
5F-2000 Ordinance:Campaign Contributions
SECTION 1. That Section 2107.050(b) of the Huntington Beach Municipal Code is
hereby amended to read as follows:
"(b) Any person or committee, during the twelve (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 2.07.070 of this Chapter. This subsection does not prohibit
individuals from making joint independent expenditures for purchasing
advertisements and engaging in similar expressive activity,provided they
pay the vendor directly and separately."
SECTION 2. This codification of an existing administrative interpretation of the
Campaign Reform Law should not be interpreted as excusing compliance with the California
Political Reform Act, and particularly, any requirements that persons acting in concert to make
joint independent expenditures to vendors are subject to the Political Reform Act's reporting
requirements.
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SF-2000 Ordinance:Campaign Contributions
SECTION 3. This ordinance shall become effective thirty days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day Of February , 2000.
cax,_4 &Aa-)-e
Mayor
ATTEST- APPROVED AS TO FORM:
City Clerk City Attorney SF
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Sep
City'-Xdministrator City Attorney
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SF-2000 Ordinance:Campaign Contributions
Ord. No. 3452
STATE OF CALIFORNIA )
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 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 thereof held on the 18th day of January, 2000, and was again read
to said City Council at a regular meeting thereof held on the 7th day of
February,2000, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Julien, ,Sullivan, Harman, Garofalo, Green, Dettloff
NOES: None
ABSENT: Bauer
ABSTAIN: None
I,Connie Brockway CITY CLERK ofthe City of
Huntington Beach and ex-officio Clerk ofthe City Council,
do hereby certify that a synopsis of this ordinance has been
published in the Independent on
FebrLta.euu 17 49a6&wo>
In accordance with the City Charter of said City City Clerk and ex-officio Cle
47
Connie Brockway Cily Clerk of the City Council of the City
De u City Clerk of Huntington Beach, California
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