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O1109 .. .<: ~GA RLK: S..Mi.~ Council~ 1l-28-78 .-. ORDINANCE NO. 1109(CC5) (Clty Councll Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 11202(B}, 1l202(J), 11204(A), 11204(B}, 11204(D), 11208, AND 11214, ADDING SECTION ll21S AND DELETING SECTIONS 11202(D), 11202(E}, 11204(F) AJ.~D 11207,. RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS. THE CITY COUNCIL OF THE CITY OF SAijTA MONICA ORDAINS AS FOLLOWS: SECTION 1. ~11202(D), 11202(E), 11204(F), 11207 of The Santa Monica Munlclpal Code are hereby qeleted in thelr entirety. SECTION 2. Sl1202(B) of The Santa Monlca Municipal Code is hereby amended to read as follows: B. "EXPENDITURElI means a payment, a forglveness of a loan, a payment of a loan by a thlrd party, or an enforceable prOffi1se to make a payment, unless it lS clear from the surround- ing circumstances that it is not made for the purpose of promotlng, demotlng or commentlng upon an electlon item. SECTION 3. Sl1202(J) of The Santa Monlca Munlclpal _~~e lS hereby amended to read as follows: J. "CONTRIBUTIONII means a payment, a forgiveness of loan, a~payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate ... ~ ~ . ,-CA RLK: S~ council..,.. 11-28-78 . consideratlon lS recelved unless it is clear from the surround- ing circumstances that it is not made for the purpose of promoting, demot1ng, or commentlng on an election i tern. An__expendi ture made at the behest of the candldate, committee, or elected officer 1S a contrlbution to the candidate, committee, or elected officer unless full and adequate conslderation is received for making the expenditure. The term "contrlbutlon" also lncludes the purchase of tickets for events such as dlnners, luncheons, rallies, and S1ID11ar fund-raislng events: the candidates, own money or property used on behalf of hlS candldacYi the grantlng of discount or rebate not extended to the public generally or the grant1ng of discounts or rebates not extended to the public generally or the grantlng of dlscounts or rebates by televislon and radio stations and newspapers not extended on an equal baS1S to all candidates for the same office: the payment of compensat~on - <: -- by any verso~ for ~he personal servlces.or expenses of any person if such services are rendered o~ expenses incurred on behalf . to . of the candidate or committee wlthout payment of full and adequate - i -- -! ~ ; ~ consideration. ~- c - The term flcontribution" further includes any transfer of anythlng of value received by a committee from another committee._ .. Th"e term "contrlbutlon" does not lnclude amounts recelved '~':~-" ~-\~ .-Ia~r-suant to an enforceable promise to the extent that such amounts -.r" .... '. 'O.t -2- , . "CA RLK:S~ 'Council~ 11-28-78 . fact that such amounts have been received shall be lndicated in the appropr1ate campaign statements. Notwlthstandlng the forego1ng definit10n of IIcontributlon", the term does not 1nclude volunteer personal serV1ces or payments made by any indivldual for hlS own travel expenses if such payments are voluntarl1y m~de without any understanding or agreement that they shall be d~rectly or indirectly repaid to him. SECT10N 4~ SlI204(a) . of The Santa Monlca Mun1cipal . ,~ .... - ~ jl' Code, lS hereby amended to read as follows: .(at Revlew and examlne all campaigns statements requ1red to be flIed with the City Clerk and approve those WhlCh comply with the Clty and State Code requirements. SECTION 5. SI1204(b) of The Santa Monica Munlcipal Code lS hereby amended to read as follows: (b) Receive complalnts filed wlth the Clty Clerk submltted under penalty of perjury and information corroborating such complaints from any person who belleves that a v1olation of any portlon of any ordlnance or of any law relatlng to elections or election practices has occurred.. .~n'rec~ipt-of such a oomplaLnt .the qommi- ,ssion shall investigate and shall determlne within 30 days whether or net there is probable cause that a violation has occurr~d. SECTIOK 6. ~11204(d) of The Santa Monica Municipal Code lS hereby a~ended to read as follows: (d) The Clerk shall transmlt to the Cbmmisslon, all mater1als received from or on behalf of the candidates, or committees or coples thereof for concurrence as requ1red by the terms of thlS Chapter. SECTION 7. Sll208 of The Santa Monica l1unicipal Code -3- ~..-~~- ~ .' - t CA RLK:~c council..,., 11-28-78 . is hereby amended to read as follows: Filing of statements. Each candidate and each committee support1ng or opposlng a cand~date or candldates or measure or measures and each member of the Clty Councll of the City of Santa Monica, Unlfled School Distrlct, Board of Educatlon, or Santa Monica Clty College Board of Trustees shall file with the Clty Clerk, each statement required under Chapter 4 of T1tle 9 of the Govetnment Code (Po1itical Reform Act of 1974). SECTlQN 8. Sl12l4 a! The S~nta Monica Municipal Code 1S hereby amend"ed to rea:d as foflows: > .-: Ba~lot Order: In any election for City Counell, school board of the Santa Monica Unlf1ed School District or Board of Trustees of the communlty college, the order in which names shall appear on the ballot, shall be determined by a cast1ng of ballots. The ballot number of all cand1dates, propositlons and ballot measures shall be the same as the number wh1ch is drawn from said lots and is to be accompllshed by the Clty Clerk at a regular meetlng of the City Council not later than the seventy-f1fth day before an election. SECTION 9. Sll215 is hereby added to the Santa Monlca ~nicipal Code to read as follows: Dlstrlbution of Informatlon for Candidates and Committees. In order to lnsure that each candidate and proponent or opponent of a measure has full opportunity to understand and fulfl11 the requirements of the state and Muulclpal Code, the latest revision -! -.o.,! ~ 1~..J:.o:'": - .... .:;.0 'oOc ...4.... --- --- .,. -~ t ~A_RL~~C 11-28-78 - ....Oun~1 ..., . of the State of Californ1a Information Manual on Campaign D1sclosure ProVisions of the Polit1cal Reform Act and a schedule outlining requiFed filings of campaign statements. In addltion, candidates are to rece1ve a list outl1ning baS1C munic1pal candidacy requ1rements. SECTION 4~. ~he Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The.C1ty Clerk shall cause the same to be published once In the officlal newspaper with1n fifteen (15) days after 1tS adoption. This ordinance shall become effective 1mmediate1y upon adoption pursuant to Sectlon 619(c) of the C1ty Charter of the City of Santa Monica. ADOPTED and APPROVED this 12th day 0 f December , 1978. A~~-A~--- ~ ~~O~ PRO TEl-WORE . ATTEST: / - .') - - --~--'. ~ '-. ~.... ., ~J14~~. /.-~T7" c~~ _ . _ :::~ V -~..... ~ - ;L... '0- ~ _.... ~...I' :.. ... ~ ~ ..' =--- ~ ....- ..... -.'~ -..... --,. -. APl),ROVED AS~ 'Trr~PORM: ~fALSb~\.~k. -:: > ACTING CITY ATTOnNEY.- ,~ ->' -5- 1II "-"'-.. - 6' ~ .- . ADOPTED AND APPROVED THIS 12th DAY OF December ~ 1978. L - /~,-..----a . j!A'~__ ./ MAYcrR PRO THWORE I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ No, 1109 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 28th DAY OF. November ~ 1978; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 12th DAY OF December BY THE FOLLOWING COUNCIL VOTE: J 1978 AYES: COUNCILMEMBERS: BambrIck, Cohen, Reed, Scott, TrIves, van den Steenhoven, SWInk NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: CITY CLERK