Loading...
ORDINANCE 1632ORDINANCE NO. 1632 AN ORDINANCE ADDING NEW CHAPTER 12 TO TITLE 1 OF THE EL SEGUNDO CITY CODE TO MANDATE ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST. THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds and declares as follows: A. California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk. B. The City of El Segundo City ("City") has entered into an agreement with a vendor approved by the California Secretary of State and meets the requirements set by Government Code Section 84615, to provide an online electronic filing system ("System") for the California Fair Political Practices Commission campaign statements. C. The System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to temper with, manipulate, alter, or subvert the data, (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; (3) the System will be available free of charge to filers and to the public for viewing filings; and (4) the City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. SECTION 2. Title 1 (Administration and Personnel) of the El Segundo Municipal Code is amended to add new Chapter 12 to read as follows: CHAPTER 12 - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST Section 1-12-1. Purpose and Authority. A. The purpose of this chapter is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees to be completed electronically. The City Council implements this chapter in accordance with the authority granted to cities by City of El Segundo Ordinance No. 1632 Page 2 of 4 state law, and this chapter is intended to supplement, and not conflict with, the Political Reform Act. B. While electronic filing of statements will be mandated under this chapter, the City Clerk, as the City's filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk's discretion, under certain circumstances, including without limitation, accommodations under the Americans with Disabilities Act. Section 1-12-2. Basic Requirement. A. An elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act or designated in the City's local conflict of interest code adopted pursuant to Government Code Section 87300 must file any required Statement of Economic Interests (Form 700) online or electronically with the City Clerk. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described Government Code 8415(a). B. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, and the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk. C. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, a Statement in paper format shall be filed with the City Clerk. D. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615. SECTION 3. Environmental Review: This ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The ordinance is not a project under CEQA Guidelines Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes in the environment. SECTION 4, Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. SECTION 5. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. City of Ell Segundo Ordinance No. 1632 Page 3 of 4 SECTION 6. Enforceability. Repeal or amendment of any provision of the MPMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. Recording. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the city of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9. Execution. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Ordinance signifying its adoption by the City Council of the City of El Segundo, and the City Clerk; or duly appointed deputy, is directed to attest thereto. SECTION 10. Effectiveness. This Ordinance will take effect 30 days following its final passage and adoption. PASSED AND ADOPTED this 15t" day of February, 2022. D 'BQyWs, Mayor ATTEST: �Jh,vw ulmw Tracy Wea r, City Clerk APPROVED AS TO FORM MARK D. HENSLEY, CITY ATTORNEY By: , Joaqu#i Vazquez, Deputy City Attorney City of El Segundo Ordinance No. 1632 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1632 was duly introduced by said City Council at a regular meeting held on the 1st day of February, 2022, and was duly passed, and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 15th day of February, 2022, and the same was so passed and adopted by the following vote: AYES; Mayor Boyles, Mayor Pro Tem Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this L(g+-_ day of February, 2022. MA��ex U)mtw Traty Weaver, City Clerk of the City of El Segundo, California