HomeMy WebLinkAboutMODIFY CAMPAIGN CONTRIBUTION ELECTION CYCLES (HMBC 2.07.070) CITY OF HUNTINGTON BEACH
MEETING DATE: August 7, 2006 DEPARTMENT ID NUMBER: 2 —&ZAJ 5: Zti
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Council/Agency Meeting Held: 96
Deferred/Continued t 4-3
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-*Approved ❑ Conditionally AppKcvP"d ❑ Denied City er ' Signa e
Council Meeting Date: August 7, 2006 Department ID Number: CA-06-23
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: JENNIFER MCGRAtity
ity Attorney
PREPARED BY: JENNIFER McGRA Attorney
SUBJECT: Campaign Contribution Election Cycles
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City Council modify the campaign contribution election
cycle?
Funding Source: N/A
Recommended Action: Motion to: Approve Ordinance No. An Ordinance Of
The City Of Huntington each Amending The Huntington Beach Municipal Code By
Amending Section 2.07.070 Relating To Election Cycles.
Alternative Action(s): Do not approve Ordinance No. 3 7'
Analysis: Huntington Beach Municipal Code Section 2.07.070 defines election cycles for
the purposes of campaign contributions limitations; however, there is language that creates
an ambiguity regarding whether or not an unsuccessful City Council candidate can accept
contributions from the same individuals in the subsequent Council race which is a different
election cycle under Huntington Beach Municipal Code Section 2.70.070. The proposed
amendment will clarify the ordinance and is reflective of past practices. For example, if City
Council candidate A is unsuccessful in an election held in 2002, it is unclear if Candidate A
can then accept campaign contributions from the same individuals in a City election held in
2004.
06-campaign contrib -2- 7/31/2006 3:38:00 PM
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE ) -
CITY'OF
I am a Citizen of the United States and a HUNTINGTONBEACN
LEGAL NOTICE,
resident of the County aforesaid; 1 am 0I0MANCENO.3749, ,
Adapted by the City
� AUGUST 2 ,, .
over the age of eighteen years and not a c02i,�
2006'
HE
party to or interested 1n the below entitled `CIITY ORDINANCE
F HHU T N&ON
matter. I am a principal clerk of the BEAN"AMENDING THE
HUNTINGTON BEACH
MUNICIPAL CODE BY'i
HUNTINGTON BEACH INDEPENDENT AMENDINGSECTION
t 2.07.070 KLATING To
ELENTION CYCLES" ,'
a newspaper of general + circulation, SYNOPSIS:
TOM
printed and published in the City of BEACH MANIC PRLGCODE
Huntington Beach, County of Orange, SECTION _ELECTION
70 DE-
FINES ELEETIQ CYCLES
FOR THE f'tLRPOSES OF
State of California� TION ' LIM
and that attached CAMPAIGN .CONTRINITATIONS;
S;
,MVV&ER,,,THERE IS
Notice is a true and complete copy as LANGUAGE THAT CRE-
ATES AN AMBIGUITY RE
was printed and published in the CARDING WHETHER OR
Huntington Beach issue of Said NOT Apt tiNIL ,
CITY "COUNCILG IC"uL
� DI.,
DATE GAN,ACCEeT,CON-
newspaper to wit the Issue(s) of. SAMETIONS FROM THE
AUIE, INDIVIDUALS NV
THE SUBtEQUENT
COUNCIL RACE WHICH 1S
A_QIFFFERENT-ELECTION
CYCLE'.UNDER HUNTING
TON BEACH MUNICIPAL,
CODE SECTION'2.07.070`
THIS'AMENDMENT WILL
AUGUST 31 r 2006 NANCEFAND SE R ORDCI
TIVE OF PAST PRAC
TICES. '
(QP1ES,O1F THIS ORfH-
NANCE'ARE.AVAILABLE
IN THE CITY CLERK'S .
OFFICE.ED'.
PASS AND ADOPTED
by':the City:;Council`of
the City of Huntington
declare, under penalty of perjury, that Beach at a regular meet-
ing.held August 21,2006
the,foregoing is true and correct. by the following roll gall
vote:
AYES, Bohr, Greed,
C.oerper,Sullivan-,Hardy,
Hansen,Cookl
Executed on AUGUST 31 2006 NOES: None'..
ABSENT:.,None
at Costa Mesa, California. This '30rdindndays
fecfive 0 after
adoption. 1
CITY OF
HUNTINGTON BEACH'
2000 MAIN STREET'
HUNTINGTON BEACH_
CA 42648
714-536-5227
Signature JOAH L.FLYNN,CITY
CLERK '
Published 'Huntington
Beach Independent-.Aug.,;
31;,3,006 085.621,
REQUEST FOR COUNCIL ACTION
MEETING DATE: August 7, 2006 DEPARTMENT ID NUMBER: CA-06-23
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number No. Description
1. Ordinance No. 3ft An Ordinance Of The City Of
Huntington Beach Amending The Huntington Beach Municipal
Code By Amending Section 2.07.070 Relating To Election
Cycles.
2. Legislative Draft of Chapter 2.07.
06-campaign contrib -3- 7/31/2006 3:30:00 PM
ATTACHMENT NO . 1
ORDINANCE NO. 3749
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING
SECTION 2.07.070 RELATING TO ELECTION CYCLES
WHEREAS, the City Council desires to amend the Huntington Beach Municipal Code
related to election cycles,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Section 2.07.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 the Election Cycle. January 1, 1987, to December 31, 1990, was the "Election
Cycle" for the 1990 election. Pursuant to Section 2.07.070 Election Cycle, the four(4) year
period for purposes of applying the interpretation of the Campaign Ordinance Election Cycle
2.07.070(a) shall be as follows:
Example 1.
1992 Election Cycle -Three Council Seats and City Clerk and City 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(4) 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.
06ordlchap 2-07 1
Ord. No. 3749
Example 3.
1996 Election Cycle -Three(3) Council Seats and City Clerk and City 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) Recalls. 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(10) days after a recall election has been held.
SECTION 2. 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 21 st day of August ,2006.
Mayor
ATTEST: APPROVED AS TO FORM:
/�
City C er �tlomey
REVIEWED AND APPROVED:
City dministrator
06ord/chap 2-07 2
Ord. No. 3749
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 the 7th day of August,2006,and was again read to said City
Council at a regular meeting thereof held on the 21st day of August,2006,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
1,Joan L.Flynn,CITY CLERK of the City of Huntington
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 August 31,2006.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk y Clerk and ex-offici Jerk
Deputy City clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT NO . 2
ORDINANCE NO. � � q?
LEGISLATIVE DRAFT
CHAPTER 2.07
CAMPAIGN REFORM
(2507-11/81,2721-10/84,2818-3/86,3220-1/94,3452-3/00,3580-10/02,3599-2/03)
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 Campaign contribution limitations
2.07.060 Aggregation of contributions
2.07.070 Election cycle
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 committee
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
2.07.010 Name. This Chapter shall be known and may be cited as the "City of Huntington
Beach Campaign Reform Law." (3220-1/94)
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.
(3220-1/94)
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.
(3220-1/94)
2.07.040 Definitions.
(a) "City Candidate" means any person who is a candidate for the city Council, City Clerk,
Legisdrft/mc02071d 1
City Treasurer, or City Attorney of the City of Huntington Beach. (3220-1/94)
(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. (3220-1/94)
(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. (3220-1/94)
(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. (3220-1/94)
2.07.050 Campaign contribution limitations. (3220-1/94,3452-3/00,3599-2/03)
(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: (3220-1/94)
(1) Three hundred dollars ($300.00) in a City Council, City Clerk, City Treasurer, or
City Attorney election cycle; or (3220-1/94)
(2) Two hundred dollars ($200.00) in a recall election cycle. (3220-1/94)
(b) 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. (3220-1/94,3599-2/03)
2.07.060 Aggregation of contributions. For purposes of the limitations in this Chapter,the
following shall apply: (3220-1/94)
(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. (3220-1/94)
(b) Two (2) or more entities shall be treated as one person when any of the following
circumstances apply: (3220-1/94)
(1) The entities share the majority of members of their boards of directors. (3220-1/94)
(2) The entities share two (2) or more officers. (3220-1/94)
(3) The entities are owned or controlled by the same majority shareholder or shareholders.
(3220-1/94)
(4) The entities are in a parent-subsidiary relationship. (3220-1/94)
(c) An individual and any general or limited partnership in which the individual has a ten(10%)
percent or more share, or an individual and any corporation in which the individual owns a
controlling interest (fifty(50%)percent or more,) shall be treated as one person. (3220-1/94)
(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. (3220-1/94)
Legisdrft/mc02071d 2
(e) Contributions by children under eighteen(18) years of age shall be treated as contributions by
their parents. (3220-1/94)
2.07.070 Election cam.
(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. (3220-1/94)
(b) Examples of the Election Cycle. January 1, 1987, to December 31, 1990, was the "Election
Cycle" for the 1990 election. Pursuant to Section 2.07.070 Election Cycle, the four(4)year
period for purposes of applying the interpretation of the Campaign Ordinance Election Cycle
2.07.070(a) shall be as follows: (3220-1/94)
Example 1. (3220-1/94)
1992 Election Cycle - Three Council Seats and City Clerk and City 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. (3220-1/94)
1994 Election Cycle - Four(4) 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.
Example 3. (3220-1/94)
1996 Election Cycle - Three (3) Council Seats and City Clerk and City 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) Recalls. 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: (3220-1/94)
(1) The recall proponents fail to return signed petitions to the City Clerk within the time
limits set forth in the California Elections Code. (3220-1/94)
Legisdrft/mc02071d 3
(2) All committees formed in support of the recall have been terminated pursuant to the
provisions of the Political Reform Act. (3220-1/94)
(3) Ten(10) days after a recall election has been held. (3220-1/94)
thefna-ximtiffiametint . eeifiea i Seet o 2 7.050. (3T)
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. (3220-1/94)
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.) (3220-1/94)
(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.
(3220-1/94)
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 closeout 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. (3220-1/94)
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. (3220-1/94)
(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. (3220-1/94)
(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. (3220-1/94)
(d) Extensions of credit(other than loans pursuant to Section 2.07.100(c) for a period of more
than thirty(30) days are subject to the contribution limitations of this Chapter. (3220-1/94)
(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.
Legisdrft/mc02071d 4
(3220-1/94)
(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. (3220-1/94)
(g) 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.
(3220-1/94)
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. (3220-1/94)
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 twelve (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.
(3220-1/94)
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.
(3220-1/94)
(b) For purposes of this section: (3220-1/94)
(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.
(3220-1/94)
(2) "Receive" includes the precept of a campaign contribution delivered in person. (3220-1/94)
2.07.140 Disclosure of occupation and employ. 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. (3220-1/94)
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 Statement required to
be filed by the Political Reform Act. (3220-1/94)
2.07.160 Reporting of late contributions. Notwithstanding the limit contained in California
Government Code Section 320, late expenditures or contributions in excess of two-hundred
dollars ($200.00) shall be reported to the City Clerk within twenty-four(24) hours of the
contribution or expenditure. (3220-1/94)
2.07.170 Criminal misdemeanor actions.
Legisdrft/mc02071d 5
(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. (3220-1/94)
(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(4) 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. (3220-1/94)
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 (3)times the amount the person failed to
report properly or unlawfully contributed, expended, gave or received, or$5,000 per
violation, whichever is greater. (3220-1/94)
(b) If two (2) or more persons are responsible for any violation, they shall be jointly and severally
liable. (3220-1/94)
(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 thirty(30) days of receipt of the request,
shall conduct an initial inquiry into the merits of the complaint. If the City Attorney
determines 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 sixty(60) days in order to determine the merits of the complaint. At the end of
sixty(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 thirty
(30) days thereafter, no other action may be brought unless the action brought by the City
Attorney is dismissed without prejudice. (3220-1/94)
(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 fifty percent (50%) of the
amount recovered. The remaining fifty percent (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. (3220-1/94)
(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. (3220-1/94)
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. (3220-1/94)
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. (3220-1/94)
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(4)years after the date on which the
violation occurred. (3220-1/94)
Legisdrft/mc02071d 6
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. (3220-1/94)
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. (3220-1/94)
2.07.240 Interpretation of chapter. This Chapter should be liberally construed to accomplish its
purposes. (3220-1/94)
2.07.250 Amendments and additional requirements. The City Council shall review the
contribution limitations contained in this Chapter in January of every fourth(4th)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. (3220-1/94)
2.07.260 Effective date. The provision of this Chapter shall become effective upon adoption,
pursuant to Huntington Beach City Charter Section 500(e)(1). (3220-1/94)
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