American Canyon Municipal Code Ch. 2.41 Campaign Disclosure

(A) The city council finds that public access to campaign disclosure information is a vital and integral component of a fully informed electorate. Transparency in campaign financing is critical in order to maintain public trust and support of the political process.

(B) Since the enactment of the Political Reform Act, candidates and committees have complied with filing requirements by filing paper copies of campaign statements and reports. The city clerk's office has expended a significant amount of staff time to make such paper filings readily available to the public.

(C) In July 2012, the California Legislature approved Assembly Bill 2452 which authorizes local jurisdictions to require the filing of campaign statements and reports solely in an electronic format. The Governor approved the legislation on July 13, 2012 and it took effect on January 1, 2013.

(D) The city council finds that by eliminating manual processing of filings, electronic filing requirements will conserve resources and ensure the public has access to information disclosed in campaign statements and reports in a timelier manner. The electronic filing system will operate securely and effectively and will not unduly burden filers.

Ord. 2019-08 § 1, 2019

The purpose of this chapter is to require online electronic filing of campaign statements

and require online reporting of contributions and independent expenditures relating to elections of candidates to city offices and the qualification or passage of local ballot measures within the city as currently required under the Political Reform Act, (commencing with California Government Code Section 84200 et seq.) in order to facilitate review and maximize the availability of this information to the public.

Ord. 2019-08 § 2, 2019

The ordinance codified in this chapter is adopted pursuant to California Government

Code Section 81013, which authorizes local agencies to impose additional requirements on any person so long as the requirements do not prevent the person from complying with the Political Reform Act.

Ord. 2019-08 § 3, 2019

This chapter is intended to supplement the

Political Reform Act as amended. Unless a word or term is specifically defined in this chapter or the contrary is stated or clearly appears from the context, words and terms shall have the same meaning as when they are used in Title 9 of the California Government Code, in which the Political Reform Act is codified, and as supplemented by the Regulations of the Fair Political Practices Commission as set forth in Title 2, Division 6 of the California Code of Regulations ("Regulations"), as well as any amendments to the Act or to the Regulations. If any provision of this chapter is held invalid, the terms of the Act and its Regulations control and supersede the terms of this chapter to the extent necessary to bring this chapter into full compliance therewith.

The following definitions used in this ordinance shall have the meanings set forth

below. "Candidate" shall be defined as set forth in the Political Reform Act provided that the term shall be limited to candidates for city office. "Committee" means any person or combination of persons who, directly or indirectly, does any of the following: (1) receives contributions totaling two thousand dollars or more in any calendar year; or (2) makes independent expenditures totaling two thousand dollars or more in any calendar year. A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to California Government Code Section 84214. A "committee" includes, but is not limited to, "controlled committee," "independent committee," and "general purpose committee." "Contribution" means the same as that defined at Government Code Section 82015. "Controlled committee" means a committee which is controlled directly or indirectly by a candidate or which acts jointly with a candidate or controlled committee in connection with the making of expenditures. A candidate controls a committee if he or she, his or her agent, or any other committee such candidate controls has a significant influence on the actions or decisions of the committee. "Election" and/or "city election" means any primary, general, special or recall election held in the city. "Election cycle" means the period of time commencing ninety days prior to an election and ending on the date of the election. "General purpose committee" means a committee to support or oppose candidates or measures voted on in the city. "Independent committee" means all committees other than controlled committees. "Independent expenditure" means an expenditure made by any person including a payment of public moneys by a state or local governmental agency, in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. "Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. A "person" shall include, but is not limited to, a committee or candidate. "Political Reform Act" means the California Political Reform Act of 1974 (Government Code Section 81000 et seq., as amended).

Ord. 2019-08 § 5, 2019

The provisions of this chapter shall only apply to candidates seeking

election to a city office, their controlled committees or committees formed or existing primarily to support or oppose their candidacies, and to committees formed or existing primarily to support or oppose a candidate or to support or oppose the qualification, passage or defeat of, a local ballot measure which is being voted on only in the city, and to local general purpose committees active only in the city. In the event a city candidate also runs for a non-city office, the provisions of this chapter do not apply to the local candidate's campaign for such other office, nor to any committee established solely for the purpose of running for such state, federal, city, special district, or other non-city office.

Ord. 2019-08 § 6, 2019

(A) Each candidate, candidate controlled committee and independent committee that is required to file a semi- annual campaign statement, a pre-election campaign statement, or an amended campaign statement with the city clerk pursuant to the Political Reform Act, and that receives a total of two thousand dollars or more in contributions or makes a total of two thousand dollars or more in independent expenditures, shall file the statement with the city clerk in an electronic format.

(B) In addition to any other report required by this chapter, all persons subject to the requirements of subsection A. shall file the following reports with the city clerk in an electronic format:

(1) A report disclosing a contribution received by or made to a candidate or local ballot measure, or an independent expenditure made for or against a candidate or local ballot measure, of two thousand dollars or more during an election cycle. The report shall be filed within twenty-four hours of the independent expenditure or receipt of the contribution.

(2) A report disclosing a contribution received by or made to a candidate or a local ballot measure, or an independent expenditure made for or against a candidate or local ballot measure, of two thousand dollars or more at any time other than during an election cycle. The report shall be filed within ten business days of the independent expenditure or receipt of the contribution.

(C) A candidate or committee that has filed an electronic statement or report is not required to file a paper copy.

(D) Once a candidate or committee is subject to the electronic filing requirements imposed by this chapter, the candidate or committee will remain subject to the electronic filing requirements until the candidate or committee files a termination statement pursuant to the Political Reform Act.

(E) Any candidate or committee not required to file an electronic statement or report by this section may voluntarily opt to file an electronic statement or report by submitting written notice to the city clerk's office. A candidate or committee that opts to file an electronic statement or report is not required to file a paper copy.

Ord. 2019-08 § 7, 2019

If any person violates any provision of this chapter, he or she shall be

liable to the city clerk's office in the amount of ten dollars per day of violation, in addition to any other legal remedies provided by law. This amount shall be deemed a penalty in accordance with Government Code Section

91013. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative penalties:

(A) Notice of Violation. If any person subject to this chapter fails to comply with any provision herein, a notice of violation may be issued by the city clerk or designee.

(B) Content of Notice of Violation. The notice of violation shall contain the information listed below:

(1) Date, location and approximate time the violation was observed or discovered.

(2) The chapter section violated and a brief description of the violation.

(3) The amount of the penalty imposed for the violation.

(4) Instructions for the payment of the penalty, the time period by which it shall be paid, and the consequences of failure to pay the penalty within this time period.

(5) Instructions on how to appeal the notice of violation.

(6) The signature of the city clerk or designee.

(C) Service of Notice of Violation. Service of notice of violation shall be effective upon deposit in United States mail in accordance with this chapter. A copy of the notice of violation shall be mailed by certified mail, return receipt requested to the person who has violated the chapter, at the address listed for the person on the Fair Political Practices Commission Form 410 Statement of Organization.

(D) Penalties.

(1) The penalties assessed for each violation shall be ten dollars per day and shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars, whichever is greater.

(2) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

(3) The penalties assessed shall be payable to the city clerk's office.

(E) Administrative Appeal.

(1) Notice of Appeal. The recipient of a notice of violation carrying a penalty may appeal by filing a written notice of appeal with the city clerk's office. The written notice of appeal must be filed within twenty days of the service of the notice of violation. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal. The notice of appeal shall contain the following information:

(a) A brief statement setting forth appellant's interest in the proceedings;

(b) A brief statement of the material facts which appellant claims supports his or her contention that no violation has occurred, no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;

(c) An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by mail.

(d) The signature of the appellant.

(2) The city clerk, or designee, shall review the appeal and issue a notice of decision within thirty days of receipt of the notice of appeal. The notice of decision shall be final.

(3) In addition to any other available remedies, the city clerk's office may bring a civil action and obtain a judgment in Superior Court for the purposes of collecting any unpaid monetary penalties, fees, or civil penalties imposed pursuant to Government Code Section 91013.5.

Ord. 2019-08 § 8, 2019

The city clerk's office, or designee, shall have the primary responsibility to monitor

compliance with this chapter at his or her discretion, to investigate alleged violations of this chapter, to issue notices of violations as appropriate, to review appeals to the notices of violations, and to collect administrative penalties as set forth herein.

Ord. 2019-08 § 9, 2019