ORDINANCE 1278ORDINANCE NO. 1278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA REPEALING SECTIONS
OF CHAPTER 2.09 OF THE EL SEGUNDO MUNICIPAL
CODE RELATING TO REGULATION OF CAMPAIGN
CONTRIBUTIONS AND ADOPTING SECTIONS REGARDING
A VOLUNTARY EXPENDITURE CEILING FOR ALL
MUNICIPAL ELECTIONS
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.09 of the E1 Segundo Municipal Code
amended to read as follows:
"Chapter 2.09 REGULATION OF CAMPAIGN CONTRIBUTIONS
2.09.010 CAMPAIGN CONTRIBUTIONS: LIMITATIONS: DISCLOSURES.
(a) Contribution Defined. For the purposes of this section,
"contribution" shall mean a payment, loans and extensions of
credit (other than those made by financial institutions), a
payment of a loan from a financial institution by a third party,
or an enforceable promise to make a payment, except to the extent
that full and adequate consideration is received, unless it is
clear from the 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.
LAX2:189521.1
1 273
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.
(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) 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.
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.
(d) 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 or 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 ($1,000.00) dollars shall be placed in the General Fund
of the city, and shall be earmarked and used for the purpose of
defraying the costs of elections borne by the city and shall not
be used to benefit any candidate or committee.
2.09.020 ESTABLISHMENT OF VOLUNTARY EXPENDITURE LIMITS
(a) On November 5, 1996, the voters of the State of
California adopted Proposition 208. Proposition 208 expressly
IAX2:189521.1
-2-
1 278
authorizes local jurisdictions to establish Voluntary Expenditure
Ceilings for candidates and controlled committees of such
candidates for elective office not to exceed one dollar ($.50)
per resident for each election in the jurisdiction in which the
candidate is seeking elective office. Based upon the 1990
federal census data, the resident population of E1 Segundo is
15,223.
(b) It is in the best interests of the City of El Segundo
to establish a Voluntary Expenditure Ceiling for all municipal
elections held in the City, in that such a ceiling could minimize
the potentially corrupting influence and appearance of corruption
caused by excessive contributions and expenditures in campaigns
by providing a reasonable spending limit for candidates.
(c) A Voluntary Expenditure Ceiling may also allow
candidates and officeholders to spend a lesser proportion of
their time on fundraising and a greater proportion of time
communicating issues of importance to voters and constituents.
(d) Pursuant to California Government Code section 85400,
the Voluntary Expenditure Ceiling for each municipal election
held in the City shall be $.50 and shall apply both to candidates
and controlled committees of such candidates running for office."
2.09.030 ENFORCEMENT AUTHORITY.
For the purpose 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.
2.09.040 PENALTIES.
All penalties prescribed by the Political Reform Act of 1974
shall apply to the provisions of this chapter and shall be
mandatory..
2.09.050 RULES OF CONSTRUCTION.
The provisions of this chapter shall be construed liberally
in order to accomplish the purposes of this chapter. To the
extent any provision of this chapter is superseded by, or in
conflict with State or Federal law, including without limitation,
The Political Reform Act of 1974, as amended from time to time,
such shall not affect any other provision hereof.
2.09.060 FILING DEADLINES.
(a) A final pre- election filing of updated versions of all
documents required by the Political Reform Act and this ordinance
LAX2:189521.1
-3-
1 e_i 8
shall be filed and received by the city clerk by 12:00 Noon on
the final Friday before the election and shall reflect all actual
and anticipated expenditures and contributions through the date
of the election.
(b) A final post- election filing of all documents required
by the Political Refonn 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.
2.09.070 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 2. The City Clerk shall certify the adoption of
this Ordinance and shall cause the same to be posted as required
by law.
PASSED, AND APPROVED this 21stday of
1997
ATTEST:
October
an a
Jacobszzmayor o
the City of 19 Segundo, California
i y Mo en, y C er SDAL)
Mark Hens ey, City Attorney
IAX2:189521.1
-4-
12"13
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, 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. 1278 is a full, true correct original
of ORDINANCE NO. 1278 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, REPEALING SECTIONS OF CHAPTER 2.09
OF THE ELSEGUNDO MUNICIPALCODE RELATING TO REGULATIONS
FO CAMPAIGN CONTRIBUTIONS AND ADOPTING SECTIONS
REGARDING A VOLUNTARY EXPENDITURE CEILING FOR ALL
MUNICIPAL ELECTIONS.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 21ST DAY OF October. 1997, and the same was so
passed and adopted by the following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTAINED: None
NOT PARTICIPATING: 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. 1278
was posted and /or published in the manner prescribed by law.
INDY OTESE
City Clerk of the
City of El Segundo, California
(SEAL)
1 Gi