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Home My WebLink AboutOrdinance #4009 ORDINANCE NO. 4009 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.07 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO CAMPAIGN REFORM The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The City Council of the City of Huntington Beach hereby makes the following findings: A. The electronic filing system will operate securely, ensure the integrity of the data transmitted, and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. B. The electronic filing system will operate effectively and will not burden filers. C. The requirement of electronic filing of campaign statements and reports furthers the purpose of campaign reform by providing greater public access to campaign finance data. SECTION 2. Section 2.07.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.07.040 Definitions. (a) "City Candidate" means any person who is a candidate for 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. (c) "Electronic filing" means the submission of required campaign statements and reports in an electronic format approved by the Secretary of State and the City Clerk. (d) "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. (e) "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. 13-3854/100358 1 Ordinance No. 4009 SECTION 3. Section 2.07.155 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.07.155 Requirement to file statements and reports electronically. (a) An Elective City Officer, City Candidate, Committee, or other person required to file campaign statements or reports under this Chapter and Title 9, Chapter 14 of the California Government Code (commencing with Section 84100), who receives contributions totaling one thousand dollars ($1,000) or more, or make expenditures totaling one thousand dollars ($1,000) or more, in a calendar year must submit all campaign statements and reports as an electronic filing. Once an elective City Officer, City Candidate, Committee or other person is required to submit campaign statements or reports as an electronic filing, that Elective City Officer, City Candidate, Committee or other person shall continue to use electronic filing until the Committee has officially terminated or the Elective City Officer, City Candidate or other person has no further filing obligations. 1. An Elective City Officer, City Candidate, Committee, or other person that must file pursuant to this Chapter, but has not met the $1,000 threshold, may submit required statements or reports as an electronic filing or in paper format. 2. In any instance in which the original campaign statement, report, or other document is required to be filed with the Secretary of State and a copy of that campaign statement, report or other document is required to be filed with the City of Huntington Beach, the copy may be submitted as an electronic filing. SECTION 4. Section 2.07.165 of the Huntington Beach Municipal Code is hereby added to read as follows: 2.07.165 Filing procedures. (a) Electronic filing procedures shall be administered in accordance with Government Code Section 84615 as may be amended from time to time. (b) Notwithstanding any other provision of law, any campaign statement, report or other document submitted as an electronic filing shall serve as the filing of record and shall not be required to be filed with the City Clerk in paper format. SECTION 5. Section 2.07.175 of the Huntington Beach Municipal Code shall be added to read as follows: 2 07 175 Statements and reports—signature and verification requirements. Campaign statements and reports filed under this Chapter shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of his or her knowledge, it is true and complete. A campaign statement or report filed by a Committee shall be signed and verified by a responsible officer of 13-3854/100358 2 Ordinance No. 4009 the organization or by an attorney or a certified public accountant. Every person who signs or verifies any campaign statement or report required to be filed under this Chapter which contains material which he or she knows to be false is guilty of perjury. For a campaign statement or report submitted as an electronic filing, a secure electronic signature shall meet the requirements of this Section. SECTION 7. This ordinance shall become effective 30 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 17th day of March 1 2014. W—Vayor' ATTEST: PT ROVED AS TO FORM: a ity Clerk City AttorneyV" cj� 2� w� REVIE-0 D APPROVED: INITIATED AND APPRO ED: Co ager City C erk 13-3854/100358 3 Ord. No. 4009 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, 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 March 3,2014, and was again read to said City Council at a, Regular meeting thereof held on March 17,2014, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington i Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 27,2014. In accordance with the City Charter of said City ;i Joan L. Flynn,City Clerk City (Prk and ex-officio C"17rk Senior Deputy Cily Clerk of the City Council of the City 1 of Huntington Beach, California