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ORDINANCE 1146ORDINANCE NO. 1146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING THE SEGUNDO MUNICIPAL CODE TO ADD A NEW CHAPTER 2.09 TO TITLE 2 CONCERNING LOCAL ELECTION CAMPAIGNS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of E1 Segundo does hereby find, determine and declare, as follows: Incidental to the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the Council in enacting this chapter to place realistic and enforceable limits on the amounts which may be contributed for political campaigning in municipal elections; to place realistic and enforceable limits on the amounts individuals may contribute to political campaigns in municipal elections; to insure and promote integrity, honesty, and fairness in the decisions of public policy; to insure that funds and services donated to a candidate or campaign committee are used solely for lawful campaign purposes; to insure a level of discussion of public issues adequate for a viable political campaign and to provide an opportunity for all citizens to become candidates for public office unhindered by a need to meet exorbitant campaign costs; to require a full public disclosure of campaign contributions received, the names and addresses of contributors to such campaigns, and the purpose and amounts of expenditures in political campaigns in municipal elections; and to provide for the full and fair enforcement of all the provisions of this chapter. -1- RVW /WP /ORN27307BF surrounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee, or elected officer is a contribution to the candidate, committee, or elected officer, unless full and adequate consideration is received for making the expenditure. The term "contribution" shall include the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund - raising events; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and the payment of compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without the payment of full and adequate consideration. The term "contribution" shall further include any transfer of anything of value received by a committee from another committee. The term "contribution" shall not include amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as contribution. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statement. Notwithstanding the foregoing definition of "contribution ", the term shall not include volunteer personal services or payments made by any individual for his own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be directly or indirectly repaid to him. -3- RVW /WP /ORN27307BF (b) Person defined. For the purpose of this section, "person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, or committee. (c) Contributions by person. No person, other than a candidate shall make, solicit, or accept any contribution which shall cause the total amount contributed by such person with respect to a single election in support of such candidate to exceed Two Hundred and Fifty and no 100ths ($250.00) Dollars. The expenditures of a candidate's controlled committee shall not be subject to this limitation. After receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the City Clerk or his designee, within three days from such notice that this ordinance has been violated any amount received in violation of this subsection shall be promptly paid from available campaign funds to the Treasurer of the City for deposit in the General Fund of the City, and shall be earmarked to be used for the purpose of defraying the costs of elections borne by the City, and shall not be used to benefit any candidate or committee. (d) Anonymous contributions by individuals. No person shall make, and no candidate or committee shall solicit or accept, any anonymous contribution which will cause the total amount of anonymous contributions by such person with respect to a single election to be One Hundred and no /100ths Dollars ($100.00) or more. A list of all amounts, names and addresses of anonymous contributors must be maintained and be available for review by the City Treasurer within twenty -four (24) hours after said request is made. -4- RVW /WP /ORN27307BF Any anonymous contribution of One Hundred and no /100ths Dollars ($100.00) or more shall not be kept by the intended recipient. Instead after receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the City Clerk or his designee, within three days from such notice of violation of this section any amount in excess of this limit shall be promptly paid to the Treasurer of the City for deposit in the General fund of the city to be used for the purpose of defraying the costs of election borne by the City and shall not be used to benefit any candidate or committee. (e) Anonymous contributions. Total anonymous contributions to a candidate or committee which exceed in the aggregate One Thousand and no /100ths ($1,000.00) Dollars with respect to a single election shall not be used by the candidate or the committee of the candidate for whom they were intended. After receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the City Clerk or his designee, within three days from such notice of violation of this section total anonymous contributions exceeding One Thousand and no /100ths ($1000.00) dollars shall be placed in the General Fund of the City, and shall be earmarked and used for the purpose of defraying the costs of elections borne by the city and shall not be used to benefit any candidate or committee. (f) Contributions made on behalf of another. No person shall make a contribution on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the contribution both the person's, intermediary's, or agent's own full name and street address, occupation, and the name of the person's intermediary's or agent's employers, if any, or the -5- RVW /WP /ORN27307BF person's, intermediary's, or agents principal place of business if the person, intermediary, or agent is self - employed; the recipient of the contribution shall also be made aware of the full name and street address and occupation and the name of the employer, if any, or principal place of business, if self - employed, of the actual contributor. (g) Assumed name contributions. No contributions shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes, nor in the name of another person or combination of persons. No persons shall make a contribution in his or its name of anything belonging to another person or received from another person on the condition that it is to be used as a contribution. After receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the City Clerk or his designee, within three days from such notice of violation of this section any amount received in violation of this subsection shall be promptly paid from available campaign funds to the Treasurer of the City for deposit in the General Fund of the City, and shall be earmarked to be used for the purpose of defraying the costs of elections borne by the City, and shall not be used to benefit any candidate or committee. (h) Fund - raising events. In the event a candidate or committee desires to have a campaign fund - raising event of any kind directly connected with a campaign for public office, then in that connection the candidate or committee shall file a statement showing the gross income from such event, and the costs of the event shall be deducted from the Em RVW /WP /ORN27307BF i gross receipts, and the net figure shall apply to the sums defined in Section (e) of this chapter. (i) Time Frame. No candidate or committee shall accept any contributions except during the Election Period. Election Period means from the time that valid nomination papers can be filed to the time that the polling places close on election day. (j) Violations. Any violation of the provisions of this section shall be subject to the same enforcement provisions set forth in Sections 91000 through 910014 of the Government Code of the State, which sections are hereby incorporated by reference. (k) Loans. All loans, solely for the purposes of political campaigning, except loans from financial institutions will be subject to the same restrictions as defined in Section (c) of this chapter. 2.09.020. Campaign Expenditures Uncontrolled by Candidates or Committees. Persons or organizations not subject to the control of a candidate but who make expenditures for or against a candidate shall indicate clearly on any material published, displayed, or broadcast that it was not authorized by a candidate when such expenditures in whole or in part would have been covered by the provisions of this chapter if they were subject to the control of a candidate. Such persons or organizations shall comply with all the filing requirements imposed on candidates and committees by this chapter. -7- RVW /WP /ORN27307BF 2.09.030. Suppliers of Goods and Services: Disclosure of Records Required. No person who supplies goods or services, or both goods and services, to a candidate or committee for use in connection with the campaign of the candidate or for or against a measure shall refuse knowingly to divulge or disclose to the enforcement authority his record of any expenditures made by the candidate or committee in payment for such goods or services, or both. 2.09.040. Enforcement Authoritv. For the purposes of this chapter, "enforcement authority" shall mean the District Attorney of the County and /or the Attorney General of the State for all civil and criminal enforcement. 2.09.050. Penalties. All penalties prescribed by the Political Reform Act of 1974 shall apply to the provisions of this chapter and shall be mandatory. 2.09.060. Rules of Construction. The provisions of this chapter shall be construed liberally in order to accomplish the purposes of this chapter. WE RVW /WP /ORN27307BF 2.09.070. Filing Deadlines. (1) A final pre - election filing of updated versions of all documents required by Act and this ordinance shall be filed City Clerk by 12:00 Noon on the final election and shall reflect all actual expenditures and contributions throug] election. the Political Reform and received by the Friday before the and anticipated i the date of the (2) A final post - election filing of all documents required by the Political Reform Act and this ordinance must be received by the City Clerk by 12:00 Noon on the third day after the election which shall reflect all actual expenditures and contributions through the date of the election. 2.09.080. Civil Actions. The Court may award to a plaintiff or defendant, other than an agency, who prevails in any action brought under this Chapter his costs of litigation, including reasonable attorney's fees. SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the ordinance and the applicability of such provisions to other persons and circumstances shall not be affected thereby. RVW /WP /ORN27307BF SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED and APPROVED this 16th day of January 19 90 . .._..j .._. _.. Milm i u ��r•�7 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1146 is a full, true correct original of Ordinance No. 1146 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING THE EL SEGUNDO MUNICIPAL CODE TO ADD A NEW CHAPTER 2.09 TO TITLE 2 CONCERNING LOCAL ELECTION CAMPAIGNS. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 16th day of January, 1989 and the same was so passed and adopted by the following vote: AYES: Councilmembers Clutter, Dannen Mayor Jacobson NOES: Councilmembers Anderson and West ABSTENTIONS: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 1146 was duly and regularly published according to law and the order of the City Council of said City of El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following day, to wit: Ronald L. Hart City Clerk of the City of El Segundo, California (SEAL)