Mountain View Municipal Code Div. 6 Reporting and Disclosure of Independent Expenditures

The definitions set forth in the Political Reform Act of 1974 as amended (Government Code Section 82000, et seq.) shall govern the interpretation of this division, unless otherwise specified herein.

"Local election" means any election for an elective city office or city measure, including any primary, general, runoff, special or recall election.

"Person" means the same as set forth in Government Code 82047 and (1) is active only in the local election; or (2) is formed or existing primarily to support or oppose a local candidate or measure as defined in 2 C.C.R. 18247.5.

(Ord. No. 5.22, § 7, 4/26/22.)

a. Any person making independent expenditure(s) in a local election of a cumulative amount of five hundred dollars ($500.00) or more within the ninety (90) day period preceding a local election shall report all independent expenditures to the city clerk on Fair Political Practices Commission (FPPC) Form 496, or a similar form as designated by the FPPC to report independent expenditures during an election, and which shall be filed with the city clerk in a manner as described in the FPP 496 form instructions.

b. An independent expenditure subject to reporting as set forth in subsection a. shall be filed with the city clerk no later than twenty-four (24) hours after the expenditure is made.

(Ord. No. 5.22, § 7, 4/26/22.)

a. Any person filing independent expenditure reports with the city clerk as required under Section 2.181 shall include in their advertisements the disclosures set forth in and in a form and format consistent with California Government Code Sections 84501, et seq. Where the state law requirements impose a disclosure requirement on a committee, excluding a candidate-controlled committee, those same requirements shall apply to any person subject to disclosures pursuant to this subsection.

b. Nothing stated herein is intended to conflict with the requirements under the Political Reform Act of 1974 as amended and is enacted to supplement state law requirements. In the event the provisions of the Political Reform Act apply, those provisions supersede the requirements stated herein to the extent they conflict with the Political Reform Act. Similarly, nothing stated herein is intended to preclude compliance, as required, with Division 2, Disclosure in Advertisements, of this article.

(Ord. No. 5.22, § 7, 4/26/22.)

a. Criminal enforcement. Any person who knowingly, willfully or negligently violates any provisions of this division is guilty of a misdemeanor. Any person who causes any other person to violate any provision of this division, or who aids and abets any other person in the violation of any provision of this division, shall be liable under the provisions of this division. Any monetary penalty for such a violation shall be the maximum amount permitted by law.

b. Civil enforcement.

1. Any person who intentionally or negligently violates any provision of this division shall be liable in a civil action brought by the city attorney. Where no specific civil penalty is provided, a person may be liable for an amount up to ten thousand dollars ($10,000.00) for each violation. Upon collection, said sum shall be deposited into the general fund of the city.

2. Injunctive relief. The city attorney, or a person residing within the city, may bring an action for injunction relief to enjoin violations or to compel compliance with the provision of this division if the city attorney declines to file such an action.

3. A person other than the city attorney may bring a civil action for violations under this division if the city attorney declines to file a civil action. If a judgment is entered against the defendant(s) in an action, a private plaintiff shall receive fifty (50) percent of the amount recovered. The remaining fifty (50) percent shall be deposited into the city's general fund.

4. If two (2) or more persons are responsible for any violation, they shall be jointly and severally liable.

5. In determining the amount of liability under this subsection, the court may take into account any mitigating factors and any aggravating factors.

6. No civil action alleging a violation of this division shall commence more than two (2) years after the date of the election for which the funds at issue were contributed or expended.

(Ord. No. 5.22, § 7, 4/26/22.)