Modesto Municipal Code Ch. 8 Campaign Reform

(a) No member of the Council of the City of Modesto, shall make, participate in making or in any way attempt to use his/her official position to influence a governmental decision in which he/she knows or has reason to know he/she has a financial interest. Whenever used in this chapter, the words "member of the Council" shall include the Mayor.

(b) A member of the Council has a financial interest in a decision within the meaning of subsection (a) of this section if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effects on the public generally, on a major campaign contributor to that member.

(c) A major campaign contributor to a member of the Council, within the meaning of subsection (b) of this section, is a person or entity that has contributed three thousand dollars ($3,000.00) or more in the aggregate over the past forty-eight (48) months to that member of the Council or to a spouse, immediate family member and/or to a campaign committee controlled by that member. Contributions include moneys, loans, debts incurred, property-in-kind, or things having a monetary value incurred or received by a candidate or his/her agent or other person on behalf of the candidate for use in advocating the election of the candidate but does not include contributions received by a Councilmember in connection with the Councilmember's candidacy for any elective office other than Councilmember or Mayor.

(d) In the case of contributions of three thousand dollars ($3,000.00) or more that are made to a committee not controlled by a candidate for the City Council but which committee expends money in support of a candidate for the City Council, a portion of such contribution shall be deemed to have been made to the member or candidate in support of whom the committee expended money. The amount of such deemed contribution shall be determined by multiplying the contribution to the committee by that fraction obtained by dividing the total expenditures of the committee by the amount expended by the committee in support of the candidate. Whenever used in this chapter, the words "candidate" or "candidate for Council" shall include any candidate for Mayor.

(Added by Ord. 2471-C.S., § 1, amended by Ord. 2637-C.S., and Ord. 3391-C.S., § 1, effective 7-28-05)

(a) In addition to any statements of campaign contributions and expenditures required by state law to be filed with the City Clerk, a summary of contributions received and expenditures made for election in the current year up to 5:00 p.m. of the seventh day preceding election day for the first regular election of the current year only, shall be prepared by all candidates for the Council of the City of Modesto and shall be received by the City Clerk by 5:00 p.m. on the fifth day preceding such first election. Said summary shall be filed on the form required by state law for reporting contributions and expenditures and shall include the names of all contributors from whom contributions in excess of ninety-nine dollars ($99.00) were received at or before 5:00 p.m. of the seventh day preceding the first regular election of the current year. For purposes of the summary, contributions shall include the items listed in subsection (c) of Section 2-8.01 of this Code. In addition to listing such contributions, said summary shall also include a list of all unpaid financial obligations incurred by the candidate in the course of the campaign for election to the Council in that calendar year. Unpaid financial obligations shall include material and work ordered by the candidate for the campaign for election, or by his/her committee but not yet paid for and loans taken out by the candidate or his/her committee for purpose of funding the campaign for election.

(b) By 5:00 p.m. of the fourth day preceding the election described in paragraph (a) above, of members of the Council, the Clerk shall prepare an alphabetical list by donor and recipient of all campaign contributions exceeding ninety-nine dollars ($99.00). Said list shall be made available by the City Clerk to the media and members of the public.

(Added by Ord. 2471-C.S., § 1, amended by Ord. 2484-C.S., § 1, Ord. 2637-C.S., § 2, and Ord. 2946-C.S., § 1, effective 7-5-95)

(Added by Ord. 2471-C.S., § 1, and Ord. 2647-C.S., § 1, repealed by Ord. 3391-C.S., § 2, effective 7-28-05)

The City Clerk shall be responsible for the administration and enforcement of the provisions of this chapter.

(Added by Ord. 2484-C.S., § 2, effective 4-23-87)

The City Clerk shall impose administrative penalties against any candidate for the Council of the City of Modesto, or his/her campaign committee, for any violation of the provisions of this chapter as follows:

(a) For failure to file with the City Clerk any summary of contributions received and expenditures made, as required by Section 2-8.02 of this chapter, a penalty of five hundred dollars ($500.00) per calendar day or any portion of a calendar day beyond the day and time set forth in said Section 2-8.02 of this chapter for the filing of said summary.

(b) For accepting any contribution which exceeds the limits set forth in Section 2-8.03 of this chapter, a penalty in the amount of one hundred fifty (150) percent of the amount of the contribution which exceeds the limits set forth in said Section 2-8.03 of this chapter.

(c) All penalties assessed shall be paid by the candidate or his/her campaign committee within fifteen (15) days of the date that written notice of the penalty is deposited in the United States mail.

(Added by Ord. 2484-C.S., § 2, effective 4-23-87)

(a) The City Clerk shall seek civil action, in a court of appropriate jurisdiction, against any candidate for the Council of the City of Modesto, or his/her campaign committee, for the failure by such candidate or campaign committee to pay any administrative penalty imposed pursuant to the provisions of Section 2-8.05 of this chapter, within forty-five (45) days after the date that written notice of the penalty is deposited in the United States mail by the City Clerk.

(b) The City Clerk may also seek other appropriate civil remedies against any person for any violation of the provisions of this chapter.

(Added by Ord. 2484-C.S., § 2, effective 4-23-87)

All penalties collected pursuant to the provisions of this chapter shall be deposited in the General Fund of the City of Modesto.

(Added by Ord. 2484-C.S., § 2, effective 4-23-87)

In addition to the administrative penalties and civil actions and remedies authorized by Section 2-8.05 above, the City Clerk may also seek criminal action against any person for any violation of the provisions of this chapter. The violation of any provision of this chapter shall be deemed a misdemeanor, punishable as provided for in the Charter of the City of Modesto and Title 1 of this Code.

(Added by Ord. 2484-C.S., § 2, effective 4-23-87)

The civil and criminal remedies prescribed by this chapter shall be cumulative and the use of one (1) remedy shall not bar the use of any other remedies provided for herein.

(Added by Ord. 2484-C.S., § 2, effective 4-23-87)

(a) Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents ("Statements") as required by Government Code Chapter 4 - Political Reform Act (commencing with Section 84100) shall file those Statements electronically using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615.

(b) In any instance in which an original Statement must be filed with the California Secretary of State and a copy of that Statement is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.

(c) The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.

(d) The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing.

(e) The online filing system shall include a procedure for filers to comply with the requirement that they sign Statements under penalty of perjury pursuant to Section 81004 of the Government Code.

(f) Any elected officer, candidate, or committee who has electronically filed a Statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk.

(g) The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk.

(h) If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk.

(i) The online filing system shall enable electronic filers to complete and submit filings free of charge.

(j) The City Clerk's system shall make all the data filed available on the City's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the City's webpage shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall make a complete, unredacted copy of the Statement, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request.

(k) The City Clerk's office shall maintain, according to the City's Retention Schedule, a secured, official version of each online or electronic Statement which shall serve as the official version of that record for purpose of audits and any other legal purpose.

(Ord. 3733-C.S, § 2, effective 9-9-21)