Part 2 — ENFORCEMENT

A.

The commission, by resolution, shall issue formal findings based on a preponderance of the evidence from the entire record of the commission's proceedings.

B.

No finding of violation shall be made unless the person alleged to have committed the violation has been notified of the alleged violation and provided a copy of the regulations and procedures of the commission.

C.

If the board of fair campaign and political practices finds a violation of this title, the commission may:

Find mitigating circumstances and take no further action;

Issue a public statement or reprimand;

Require corrective action by a deadline; and/or

Impose a civil penalty in accordance with this title.

(Ords. 24499, 25525, 26440, 26976, 29398, 29642, 29772.)

A.

Civil penalties shall be imposed by resolution of the commission.

B.

Except as otherwise specified in Title 12, the commission may impose penalties of up to five thousand dollars for each violation or three times the amount which a person or respondent failed to report properly or unlawfully contributed, expended, gave or received, whichever is greater.

C.

If any civil penalty imposed by the commission is not timely paid, the city clerk shall refer the debt to the director of finance for collection.

(Ords. 25525, 26440, 26976, 27291, 28213, 29642.)

A.

In determining if penalties should be imposed for violations of Chapter 12.06 and the amount of any such penalties, the commission shall consider all the relevant circumstances surrounding the case, including:

The severity of the violation;

The presence or absence of any intention to conceal, deceive, or mislead;

Whether the violation was deliberate, negligent or inadvertent;

Whether the violation was an isolated incident or pervasive enough to indicate a pattern of disregard for this chapter;

Whether the respondent has a prior record of violations of city law relating to campaign finance, lobbying, conflicts of interest, or governmental ethics;

The degree to which the respondent cooperated with the investigation;

Whether or not corrective actions were taken, if appropriate, in accordance with the provisions of this chapter.

B.

A candidate or committee failing to file a late contribution report pursuant to Section 12.06.910 shall be required to pay a penalty in an amount imposed by the commission pursuant to Section 12.04.110, but not less than one thousand dollars. Notwithstanding the foregoing, the commission may reduce the penalty upon making written findings establishing that mitigating circumstances render a one thousand dollar penalty unreasonable.

C.

The city clerk or city attorney may put persons on notice of a potential violation of the requirements of Chapter 12.06, whether or not a complaint is filed with the commission.

(Ords. 24499, 24733, 25525, 26440, 26976, 27291, 28213, 29642.)

No person shall be found in violation of this chapter for having made, solicited or accepted any contribution in excess of the limits prescribed by said sections, provided that such excess contribution was made, solicited or accepted at a time when the person was a candidate for the elective city office subject to the limitation, and as soon as reasonably possible and in no event more than thirty days after his or her discovery of the excess contribution either:

A.

The amount of contribution in excess of the prescribed limitation was refunded to the donor; or

B.

The amount of contribution in excess of the prescribed limitation was donated to the general fund of the city, earmarked to defray the costs of municipal elections.

(Ords. 25134, 26440, 29642.)

No person shall be found in violation of this chapter for having made or accepted any contribution in excess of the limits prescribed by such sections, provided that:

A.

The amount of contribution in excess of the prescribed limitations shall have been refunded to the donor within thirty days of receipt by the committee; or

B.

The amount of contribution in excess of the prescribed limits shall have been donated to the general fund of the City of San José within thirty days of receipt.

(Ords. 25134, 26440, 29642.)

No person shall be found in violation of this chapter for having made, solicited or accepted any contribution in excess of the limits prescribed herein, provided that the excess contribution was made, solicited or accepted at a time when the person was not a candidate for the elective city office subject to the limitation, and within thirty days of his or her becoming a candidate either:

A.

The amount of contribution in excess of the prescribed limitation was refunded to the donor; or

B.

The amount of contribution in excess of the prescribed limitation was donated to the general fund of the city, earmarked to defray the costs of municipal elections.

(Ords. 24577, 26440, 29642.)

Enforcement of this title shall not be governed by Section 1.08.010 of this Code unless such violation constitutes a separate violation of another section or provision of this Code or of another applicable provision of law.

(Ords. 24499, 25525, 26440, 28985, 29642.)

Any violation of this title by an officer or employee of the city or successor agency to the redevelopment agency may be deemed a failure to perform the duties under or observe the rules and regulations of the department, office, board or commission of such officer or employee within the meaning of the civil service ordinance and other city and agency rules and regulations.

(Ords. 24499, 26440, 29398, 29642.)

In addition to any other remedy provided in this Code, the following sanctions shall also apply to any violations of Chapter 12.10 where appropriate:

A.

Upon the petition of any interested person or party, a court or the presiding officer of any proceeding described in Section 12.10.020 may, after notice and an opportunity for hearing, exclude any person found to be in violation of Chapter 12.10 from further participation, or from assisting or counseling any other participant in the matter then pending before such court or presiding officer.

B.

City shall be entitled to recover from any former city or successor agency to the redevelopment agency officer or designated employee the monetary value of any compensation or thing of value provided to such person in violation of the provisions of Chapter 12.10.

(Ords. 24499, 26440, 29398, 29642.)