Chapter 2.54 — CAMPAIGN FINANCE DISCLOSURE REQUIREMENTS

The provisions of this chapter are applicable to persons, including candidates and committees, participating in a municipal election within the city and are in addition to the requirements of the Political Reform Act of 1974 (Government Code Section 81000 et seq.), as amended, whose provisions, definitions and interpretations are to be relied upon in administering this chapter.

(Ord. 2611 § 1 (part), 1993)

(Ord. No. 3120, § 7, 7-28-20)

This chapter shall be cited as the "City of Whittier Election Campaign Finance Disclosure Requirements."

(Ord. 2611 § 1 (part), 1993)

Definitions codified in the Government Code Title 9, Chapter 2 (Government Code Section 82000 et seq.,), shall apply to this chapter notwithstanding the fact that the following words shall have the meanings ascribed to them by the definitions set forth in this particular section.

"Election" means any municipal election in the city, including elections to fill public offices, elections on measures and propositions, initiatives and referenda.

"Organization" means any entity other than an individual, political action committee or controlled committee of a candidate, but including any corporation, association, partnership, joint venture, syndicate, business trust, company, labor organization, labor union, political party, and any other organization or group of persons acting in concert, whether organized for profit or not.

"Political Action Committee" means any committee as defined under California state law, other than a controlled committee of a candidate.

(Ord. 2611 § 1 (part), 1993)

(Ord. No. 3120, § 8, 7-28-20)

A contribution shall not be considered to be received if it is not negotiated, deposited or utilized in any way, and in addition if it is returned to the donor within seven days of receipt or prior to the closing date of the campaign statement on which it would otherwise be reported, whichever is sooner.

(Ord. 2638 § 1, 1994: Ord. 2611 § 1 (part), 1993)

The purpose of this section is to further the city's goal of an informed electorate. In addition to the campaign statements which every candidate, elected officer and committee involved in a city election is required to file under Government Code Title 9, Chapter 4, Article 2 (Government Code § 84200 et seq.), a campaign disclosure statement shall be filed with the city clerk no later than three p.m. on the Friday immediately preceding the city election date. The period covered by the statement shall be from sixteen days before the election through and including the seventh day before the election.

(Ord. 2611 § 1 (part), 1993)

(Ord. No. 3120, § 9, 7-28-20)

A.

Every candidate, political action committee, or organization that receives campaign contributions or disburses funds on behalf of a campaign for a city election must file a campaign disclosure document with the city clerk. The disclosure must include all contributions, loans, and disbursements received and made during the campaign disclosure period (as defined in Section 2.54.050) in excess of one hundred dollars, including in kind services, donations per person, per political action committee, and per organization.

B.

The campaign disclosure document required by this section must also include all late contributions and late independent expenditures as defined and described in Government Code Sections 82036, 82036.5, and 84203.

(Ord. 2611 § 1 (part), 1993)

(Ord. No. 2945, § 1, 1-12-10; Ord. No. 3089, § 2, 7-10-18)

The campaign disclosure document to be submitted to the city clerk shall be consistent with the requirements of California Government Code Section 84203 and all persons, committees or organizations shall comply consistent with and in the manner as required under Government Code Section 84203.

Effective August 20, 2020, every candidate, political action committee, or organization required to file campaign disclosure documents, shall file the statement with the city clerk in an electronic format. The requirements contained in Government Code Section 84615 shall apply to all electronic filings.

(Ord. 2611 § 1 (part), 1993)

(Ord. No. 3089, § 3, 7-10-18)

Every campaign disclosure statement is a public record which shall be open to inspection at all times during normal city business hours.

(Ord. 2611 § 1 (part), 1993)

If any person files a campaign statement after any deadline imposed by this chapter, he/she shall, in addition to any other penalties or remedies established in this chapter, be liable to the city clerk in amounts as set forth by state guidelines until the statement is filed.

The city clerk shall deposit any funds received under this section into the general funds of the city to defray the cost of municipal elections.

(Ord. 2611 § 1 (part), 1993)

(Ord. No. 3112, § 2, 2-25-20)

In addition to other duties required by law, the city clerk shall monitor all campaign disclosure statements filed pursuant to this chapter. The city clerk shall:

A.

Determine whether the campaign disclosure statement required by this chapter has been timely filed with the city clerk; and, if so, whether they conform on their face with the requirements of this chapter;

B.

The candidate or committee may correct any mistake made in the preparation of any statement within forty-eight hours after receipt of the notice from the city clerk or attorney. The city clerk shall notify promptly all persons and known committees who have failed to file a document in the form and at the time required by this chapter;

C.

The city clerk shall report to the city council, any apparent violations of this chapter which have not been corrected or cannot be corrected by the candidate or committee;

D.

The city clerk shall compile and maintain, for seven years, a list of campaign disclosure statements, or portions of statements, which the city clerk is required to review. Each list shall be indexed by the candidate's or committee's name.

(Ord. 2611 § 1 (part), 1993)

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.

(Ord. 2611 § 1 (part), 1993)

Any person who violates any provision of this chapter is guilty of a misdemeanor and any person who violates a provision of this chapter shall be liable in a civil action for damages in the amount of two thousand dollars per offense. Upon collection, said sum shall be deposited into the general fund of the city.

(Ord. 2611 § 1 (part), 1993)