Woodland Municipal Code Art. 1 Disclosure of Campaign Contributions

A. The proper operation of democratic government requires that monetary and nonmonetary contributions to campaigns on behalf of or in opposition to a candidate or a ballot measure, while a legitimate form of public participation in the political process, should not permit particular individuals or organizations to exert a controlling or undue influence on the election of City Council members or the passage or defeat of ballot measures.

B. This chapter seeks to enable each City voter to cast an informed vote by requiring that candidates and ballot measure committees receiving $1,000.00 or more during an election cycle disclose campaign contributions prior to the election by providing such information to the City Clerk to be posted on the City website.

(Prior code § 27-1-1)

Sections 81009.5 and 81013 of the California Government Code authorize the City to impose campaign contribution filing requirements additional to or different from those set forth in Section 84100 et seq., of the Government Code.

(Prior code § 27-1-2)

"Ballot measure committee"

means committee that influences or attempts to influence the action of voters for or against the passage or defeat of any initiative, referendum, or recall being voted on only in the City. For purposes of this chapter, a ballot measure committee also includes any controlled committee.

"Candidate"

means an individual who is listed on the ballot or who has qualified to have write-in votes on his or her behalf counted by election officials for election to City Council. For purposes of this chapter, a candidate also includes any controlled committee.

"City Clerk"

means the City Clerk for the City.

"City Council"

means the City Council for the City.

"City website"

means the website owned, operated and maintained by the City of Woodland, California at the following address: http://www.cityofwoodland.org/.

"Committee"

means any person or combination of persons who influence or attempt to influence the action of voters for or against either the nomination or election of one or more candidates for City Council or the passage or defeat of any ballot measure being voted on only in the City.

"Contribution"

has the same meaning as defined by California Government Code Section 82015 and California Code of Regulations Section 18215 and shall include, but not be limited to, both monetary contributions (e.g., payments, the forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment) and nonmonetary contributions (e.g., the provision of goods or services) except to the extent that full and adequate consideration is received for such contributions.

"Contributor"

means any individual or organization making a contribution within the meaning of California Government Code Section 82015 and California Code of Regulations Section 18215.

"Controlled committee"

means any committee that is controlled directly or indirectly by a candidate or a ballot measure committee.

(Prior code § 27-1-3)

The provisions of this chapter are to be construed liberally with a view to effectuate its purposes and to promote justice.

(Prior code § 27-1-4)

Any candidate or ballot measure committee that receives monetary contributions, nonmonetary contributions, or some combination thereof in the amount of $1,000.00 or more, cumulatively from one or more contributors, is subject to this chapter.

(Prior code § 27-1-5)

A. Thirty days prior to an election, all candidates and ballot measure committees that have received $1,000.00 or more in contributions, cumulatively from one or more contributors, shall file with the City Clerk a disclosure statement including the following information for each contribution received:

1. The date of the contribution;

2. The amount of the contribution;

3. The name of the contributor;

4. The contributor's address.

B. Any candidate or ballot measure committee that is not required to file a disclosure statement pursuant to subsection A of this section and who subsequently receives a contribution that causes the candidate to exceed the $1,000.00 threshold for contributions, cumulatively from one or more contributors, shall file with the City Clerk a disclosure statement within three business days of the receipt of the contribution.

C. Any candidate or ballot measure committee that is required to file a disclosure statement pursuant to either subsection A or B of this section shall file with the City Clerk supplementary disclosure statements for each contribution of $100.00 or more, cumulatively from a single contributor, received after the filing of the initial disclosure statement.

D. For contributions of $100.00 or more received between 30 and three days prior to the election, candidates and ballot measure committees shall file supplementary disclosure statements within three business days of receipt of the contribution. For contributions of $100.00 or more received during the three days immediately preceding the election, candidates and ballot measure committees shall file supplementary disclosure statements within one business day of receipt of the contribution.

E. Disclosure statements and supplementary disclosure statements must be filed with the City Clerk by 5:00 p.m. on the date on which the statement is due.

F. For purposes of this chapter, a candidate or ballot measure committee is deemed to have received a contribution as follows:

1. A monetary contribution is received on the date that the candidate or ballot measure committee or the treasurer for or agent of the candidate or ballot measure committee obtains possession or control of the check or other negotiable instrument by which the contribution is made;

2. A nonmonetary contribution is received on the earlier of the following two dates:

a. The date that the candidate or ballot measure committee or the treasurer for or agent of the candidate or ballot measure committee obtains possession or control of the goods or services; or

b. The date that the candidate or ballot measure committee otherwise receives the benefit of the contribution. In the event goods or services are provided to a candidate or ballot measure committee and either the candidate, the ballot measure committee, or the provider of the goods or services has received assurances of any kind that the provider will be reimbursed by a third-party, the candidate or ballot measure committee shall be deemed to have received the contribution on the earlier of the two dates listed above and shall list the provider of the goods or services as the "contributor," within the meaning of subsection (A)(3) of this section, on its disclosure statement. Once the provider receives reimbursement from the third party and provides to the candidate or ballot measure committee documentation of such reimbursement, the candidate or ballot measure committee shall promptly file an amended disclosure statement showing the third party, and not the provider, as the "contributor" of the goods or services.

3. A loan or enforceable promise is received on the date that the candidate or ballot measure committee receives the benefit of the contribution, irrespective of whether the candidate or ballot measure committee has received any actual negotiable instrument from the contributor.

G. Upon receipt of a disclosure statement from a candidate or ballot measure committee, the City Clerk shall make the disclosure statement available to the public upon request and shall post it on the City's website as soon as is practicable.

H. The filing of disclosure statements pursuant to this chapter does not relieve candidates or ballot measure committees from their obligation to file disclosure statements as required by the Fair Political Practices Act.

(Prior code § 27-1-6)

Any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for each subsequent violation within one year.

(Prior code § 27-1-7)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, including every section, subsection, sentence, clause and phrase, irrespective of whether one or more sections, subsections, sentences, clauses or phrases is held invalid.

(Prior code § 27-1-8)