San Bernardino Municipal Code Ch. 2.55 Local Campaign Finance Regulations

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTRIBUTION. Includes contributions to candidates and committees in federal, state or local elections.

ELECTED OFFICIAL. Any elected official of the city, including the Mayor and all City Council members.

LICENSE, PERMIT, CONTRACT or OTHER ENTITLEMENT FOR USE. All business, professional, trade and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor or personal employment contracts) and all franchises.

PARTICIPANT. Any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit or other entitlement for use and who has a financial interest in the decision, as described in Cal. Gov’t Code, Title 9, Chapter 7, Article 1 (commencing with § 87100). A person actively supports or opposes a particular decision in a proceeding if he or she lobbies in person the officers or employees of the agency, testifies in person before the agency or otherwise acts to influence officers of the agency.

PARTY. Any person who files an application for, or is the subject of, a proceeding involving a license, permit or other entitlement for use.

(B) Prohibition on soliciting and accepting certain contributions. No elected official shall accept, solicit or direct a contribution of more than $250 from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, contract or other entitlement for use is pending before the city and for three months following the date a final decision is rendered in the proceeding if the elected official knows or has reason to know that the participant has a financial interest, as that term is used in Cal. Gov’t Code, Title 9, Chapter 7, Article 1 (commencing with § 87100). This prohibition shall apply regardless of whether the elected official accepts, solicits or directs the contribution for himself or herself, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

(C) Elected official disclosure requirements. Prior to rendering any decision in a proceeding involving a license, permit, contract or other entitlement for use pending before the city, each elected official who received a contribution since his or her last State Fair Political Practices Commission (“FPPC”) Form 460 Filing (Recipient Committee Campaign Statement) in an amount of more than $250 from a party or from any participant shall disclose that fact on the record of the proceeding.

(D) Application to candidates. Contributions made to candidates for elective office shall subject the candidate to the disclosure provision of division (C) above should the candidate be subsequently elected. Candidates who have become the Council Member-Elect or Mayor-Elect, but who have not yet been sworn in, shall be subject to the prohibition of division (B) above.

(E) Applicant restrictions. A party to a proceeding before the city, involving a license, permit, contract or other entitlement for use, shall disclose on the record of the proceeding any contribution in an amount of more than $250 made since their last FPPC Form 460 Filing (Recipient Committee Campaign Statement) by the party, or his or her agent, to any elected official. No party, or his or her agent, to a proceeding involving a license, permit or other entitlement for use pending before the city and no participant, or his or her agent, in the proceeding shall make a contribution of more than $250 to any elected official during the proceeding and for three months following the date a final decision is rendered by the city in the proceeding. When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit or other entitlement for use pending before the city, the majority shareholder is subject to the disclosure and prohibition requirements herein.

(Ord. MC-1558, passed 6-2-2021)

The city designates the California Fair Political Practices Commission (“FPPC”) as the enforcement agency for this chapter. The city shall provide to the FPPC twice, annually, data for all licenses, permits or other entitlements for use, as defined in § 2.55.010. The FPPC will cross-reference the data received from the city against the most recent FPPC Form 460 Filing (Recipient Committee Campaign Statement) of each elected official who has received contributions equal to or exceeding $2,000 as shown on the most recent FPPC Form 460 Filing. As set forth in Cal. Gov’t Code, § 83116, the FPPC shall have prosecutorial discretion to enforce this chapter and may discipline an elected official for violating this chapter, including, but not limited to, requiring the elected official to pay a monetary fine.

(Ord. MC-1558, passed 6-2-2021)

(A) A person shall not make to a candidate for elective city office, and a candidate for elective city office shall not accept from a person, a contribution totaling more than $4,900.

(B) On January 1, 2023, and every odd-numbered year thereafter, the limit set forth in division (A) above shall be adjusted to reflect any increase or decrease in the Consumer Price Index in the same manner as the Fair Political Practices Commission adjusts the limits under Cal. Gov’t Code, § 85301(d) or any successor provision.

(C) Nothing in this section shall be deemed to exempt any person from complying with applicable provisions of any other laws of this state.

(Ord. MC-1573U, passed 2-16-2022)