Temple City Municipal Code Ch. 1 City Council

Regular meetings of the City Council shall be held in the Council Chamber at the City Hall, at 5938 North Kauffman Avenue, Temple City, California on the first and third Tuesday of each month of the year, at such times as are fixed by resolution of the City Council, unless the City Council meeting falls on a national holiday or an election day. Council meetings that fall on a national holiday or an election day will be moved to the next subsequent business day that is not a holiday. (Ord. 19-1033; amd. Ord. 25-1080)

The City Council shall have the right to contract with the County for the performance and execution by designated County officials of the rights, powers and duties of officers, officials, and employees of the City. Whenever in this Code, whether set forth in full or by adoption by reference, any power or authority is granted to an officer, official or employee, the power or authority is conferred upon the appropriate officer, official or employee of the City, or the appropriate officer, official or employee of the County with whom a contract has been entered into. (1960 Code)

Upon the submission of an itemized account any Councilmember may be reimbursed for the member's actual and necessary expenses incurred in the performance of official duty. Pursuant to Section 36516 of the Government Code of the State of California, each member of the city council shall receive as salary the sum of one thousand two hundred seventy-five dollars ($1,275) per month, with such adjustments as may be permitted from time to time by State law. Such salaries shall be payable in the same manner and with the similar fringe benefits as are paid to other employees of the city.

(Ord. 12-954; amd. Ord. 22-1065; Ord. 23-1073)

The official City Seal of the City of Temple City shall be in the form of a die two inches (2") in diameter; the form of the die shall be two (2) circles, one inside the other. Within the smaller circle shall be imprinted words "Incorporated May 25, 1960", within the larger circle and outside the limits of the inner circle shall be imprinted the words "City of Temple City, California", and the center shall contain a camellia, the design for which is on file with the City Clerk. (1960 Code; amd. Ord. 98-819)

It shall be unlawful for any person, corporation, partnership or other entity to use the official City Seal, or to reproduce, copy or create any reasonable facsimile of any City Seal, emblem, without the express consent of the City Council. (1960 Code)

The offices of agencies, department officers and employees of the City shall be located and maintained at 9701 Las Tunas Drive, Temple City, California. (Ord. 89-658)

The hours that City facilities will be open to the public for business shall be established by the City Council. (Ord. 89-658; amd. Ord. 93-753)

Pursuant to Government Code section 85400(c), a voluntary expenditure ceiling of fifty cents ($0.50) per resident is hereby established for candidates and controlled committees of such candidates for elective office for each election in the City in which the candidate is seeking elective office. (Ord. 97-804)

A. Any elected officer, candidate, committee, or other person required to file statements, reports or other documents described by Chapter 4 (Campaign Disclosure) of Title 9 (Political Reform) of the California Government Code, and that has received contributions and made expenditures of two thousand dollars ($2,000.00) or more, may electronically file such statements using procedure established by the City Clerk. Once an elected officer, candidate, committee, or other person files a statement, report, or other document electronically pursuant to this paragraph, all future statements, reports, or other documents on behalf of that filer shall be filed electronically.

B. Any person holding a position listed in Government Code Section 82700 or designated in the City's conflict of interest code adopted pursuant to Government Code Section 83700, shall file any required Statement of Economic Interest Report Form (Form 700) online or electronically with the City Clerk.

C. An elected officer, candidate, committee or other person may choose not to use the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the City Clerk, until such time as the City Council determines that electronic filing is mandatory for all filers.

D. In any instance in which an original statement, report, or other document must be filed with the California Secretary of State or other agency, and a copy of that document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk, or may file in a paper format.

E. If, for technical reasons, the City's electronic filing system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee, or other person shall file that document with the City Clerk in paper format.

F. The City Clerk shall ensure that the City's system makes all electronically-filed statements, reports, forms, or other documents available on the internet free of charge and as soon as possible after receipt/deadline. The data made available on the internet shall not contain the street name 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 also make a complete, un-redacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers.

G. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record.

H. The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this section. (Ord. 20-1050)

A. No person or committee shall make to any candidate or the candidate’s controlled committee, and no candidate or the candidate’s controlled committee shall solicit or accept, any contribution that will cause the total amount of contribution made by the person or committee to the candidate or the candidate’s controlled committee to exceed $4,900 for any single election. Adjustment to the contribution limits in January of odd numbered years per the consumer price index, rounded to the nearest $100. Except for independent expenditure committees or other committees not controlled by the candidate, no person shall make to any committee, which supports or opposes any candidate or candidates for City Council, and no such committee shall accept from any such person a contribution or contributions totaling more than $4,900 for any single election. Adjustment to the contribution limits in January of odd numbered years per the consumer price index, rounded to the nearest $100.

B. The limitation of this section shall not apply to contributions of a candidate’s personal funds to the candidates’ controlled committee on behalf of his or her own candidacy, but shall apply to contributions made from a candidate’s spouse.

C. No person shall make a contribution to any candidate or a candidate’s controlled committee in the name of another person.

D. No person shall reimburse, pay in advance, or otherwise compensate another person for a contribution made to a candidate or to a candidate’s controlled committee.

E. No person, candidate, or controlled committee for a candidate shall knowingly solicit or accept a contribution in violation of this section.

F. Any contributions in excess or in violation of the applicable contribution limitations established by this section and received by any person, candidate, or candidate’s controlled committee, as applicable, shall be returned to the person or committee making the contribution within 72 hours of the candidate or candidate’s controlled committee’s receipt receiving of the excess contribution. In the event an excessive contribution is received and reported in the campaign statement, the recipient shall, within 72 hours of notification by the city clerk, return such excessive contribution to the donor.

G. The contribution limits set forth in this section do not apply to any contribution received by a candidate or his or her controlled committee if such contribution is used solely to retire campaign debt existing on or before the effective date of this ordinance. If the contribution received is used, in whole or in part, to seek nomination for or election to an elected office of the City of Temple City after the effective date of this ordinance, the contribution limits established in this section shall apply to the entirety of such contribution. (Ord. 22-1063)

A. Contributions to candidate or to a candidate’s controlled committee shall be aggregated as set forth in Government Code Section 82012.5 and Section 18215.1 of the FPPC Regulations.

B. A person whose contributions are subject to being aggregated under this section shall disclose to the candidate or the treasurer of the candidate’s controlled committee of the person’s relative ownership interest in any “entity”, if any, for purpose of facilitating compliance with this section.

C. Contributions by dependents that are under eighteen (18) years of age and are not emancipated shall be as aggregated contributions by their parent(s) or legal guardian(s) in equal amounts, unless only one parent or guardian has legal custody in which event such contribution shall be attributed solely to such person. (Ord. 22-1063)

A. Loans to a candidate or to the candidate’s controlled committee, whether made by a commercial lending institution in the regular course of business on the same terms available to members of the public, or personal loans, shall not exceed totaling more than $4,900 for any single election. Adjustment to the contribution limits in January of odd numbered years per the consumer price index, rounded to the nearest $100.

B. Loans from different lending sources will be aggregated in accordance with Section 2-1-9-2 (Aggregation of Contributions) for purpose of determining compliance with this section.

C. Any loan amount in excess or in violation of the applicable limitations established by this section received by any candidate or a candidate’s controlled committee shall be returned or paid in full to the lender within thirty (30) days of the candidate or candidate’s controlled committee’s receipt of the excess loan.

D. The limitation of this section shall not apply candidates making personal loans to their controlled committee on behalf of his or her own candidacy, but shall apply to contributions made from a candidate’s spouse. (Ord. 22-1063)

A. A candidate for elected office in the City shall be able to redesignate their controlled campaign committee from one election to the next, but any redesignation must be for an elected office of the City of Temple City. This section does not prevent a candidate or elected city officer from establishing another separate committee solely for the purpose of running for an elected office with a federal, state, or local agency or political subdivision other than the City, or a committee solely formed to support or oppose a ballot measure. (Ord. 22-1063)

A. In addition to other duties required by law, the City Clerk shall:

1. Furnish in writing (where feasible via electronic writing) a copy of this chapter to all qualified city candidates during the nomination period for city office.

2. Promptly notify city candidate, or his or her campaign committee, of any errors in their statements or of failure to file.

3. Report, in writing, apparent violations of this section to the City Attorney. (Ord. 22-1063)

A. Criminal Misdemeanor Actions:

1. The City Attorney, or the designated and appointed legal representative for the city, shall investigate and where deemed appropriate prosecute any violation of this chapter.

2. Any person who violates any provision of this chapter or a failure to comply with any mandatory requirements of this chapter is subject to prosecution in accordance with Chapter 2 (Enforcement of Code), Section 1-2-0 (Violations, Penalties) of the City of Temple City Municipal Code, and may be enforced through criminal, civil, administrative, injunctive or other relief available by law.

B. Civil Actions:

1. Any person who intentionally or negligently violates any provisions of this chapter shall be liable in a civil action brought by the City Attorney (in lieu of criminal prosecution) or by a person residing within the City for an amount not more than three times the amount of the unlawful contribution.

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

3. No civil action alleging a violation of any provision of this chapter shall be filed more than one (1) year after the date the violation occurred.

C. Injunctive Relief: The City Attorney or any person residing in the city may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this chapter.

D. Cost of Litigation: The court may award to a plaintiff or defendant who prevails in any action authorized by this chapter his or her costs of litigation, including reasonable attorney’s fees, provided, however, no cost of litigation or attorney’s fees shall be awarded against the city. (Ord. 22-1063)