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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
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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
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by any verso~ for ~he personal servlces.or expenses of any person
if such services are rendered o~ expenses incurred on behalf
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of the candidate or committee wlthout payment of full and adequate
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consideration.
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The term flcontribution" further includes any transfer
of anythlng of value received by a committee from another committee._
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Th"e term "contrlbutlon" does not lnclude amounts recelved
'~':~-" ~-\~ .-Ia~r-suant to an enforceable promise to the extent that such amounts
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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
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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
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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:
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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
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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.
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~ ~~O~ PRO TEl-WORE .
ATTEST:
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APl),ROVED AS~ 'Trr~PORM:
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ADOPTED AND APPROVED THIS
12th
DAY
OF
December
~ 1978.
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./ 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