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CA:RMM:lld060/hpc
City Council Meeting 2-11-86
Santa Monica, California
ORDINANCE NUMBER l357 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REPEALING SECTIONS
11203, 11204, 11205, AND ll208A AND
AMENDING SECTIONS 11201 AND 11202 OF
THE SANTA MONICA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. sections 11203, 11204, 11205, and 1l208A of the
Santa Monica Municipal Code are repealed.
SECTION 2.
section 11201 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 11201. Intent and Purpose.
It is the intent of the City Council of
the city of Santa Monica in enacting this
ordinance
to
place
realistic
and
enforceable limits on contributions to
political
campaigns
in
municipal
elections.
The purpose for which this
ordinance is being enacted is to prevent
the exercise by campaign contributions of
potential undue or improper influence
over elected officials.
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SECTION 3. section 11202 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 11202. Definitions. The
following words or phrases as used in this
Chapter shall have the following meanings:
(a) Candidate. An individual who
is listed on the ballot or who has
qualified to have write-in votes on such
person's behalf counted by election
officials for the nomination for election
to the Santa Monica city Council, Santa
Monica Rent Control Board, Santa Monica
Unified School District Board of
Education, or Santa Monica Communi ty
College Board of Trustees, or who receives
a contribution or makes an expenditure or
gives consent for any other person to
receive a contribution or to make an
expenditure with a view to bringing about
such person's nomination or election to
such office, whether or not the specific
elective office for which such person will
seek nomination or election is known at
the time the contribution is received or
the expenditure is made, and whether or
not such person has announced candidacy or
filed a declaration of candidacy at such
time. "Candidate" also includes any
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office holder who is subject of a recall
petition.
(b) Expenditure. A payment, a
forgiveness of a loan, a payment of a loan
by a third party, or an enforceable
promise to make a payment unless it is
clear from the surrounding circumstances
that it is not made for the purpose of
promoting, demoting or commenting upon an
election item.
(c) Committee. Any person or
combination of persons who directly or
indirectly receives contributions or makes
expenditures or contributions for the
purpose of influencing or attempting to
influence the action of the voters for or
against the nomination or election of one
or more candidates or in support of or in
opposition to a measure.
(d) Election. Any general,
special, or recall election held to elect
or remove a member of the Santa Monica
ci ty council, the Santa Monica Rent
Control Board, the Santa Monica Unified
School District Board of Education, or the
Board of Trustees of the Santa Monica
Community College or to vote on any
measure.
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(e) Voting Age Population. The
population of the City of Santa Monica or
the area served by other elected officials
aged eighteen (18) years or over as
determined by the united states Secretary
of Commerce pursuant to Section 104(a)5 of
the Federal Election Campaign Act of 1971.
If, for any reason, no such determination
is made, the City Clerk shall, from time
to time, determine the voting age
population from the best readily available
sources of information.
( f)
Payment.
A
paYment,
distribution transfer, loan, advance,
deposit, gift or other rendering of money,
property, service or anything else of
value, whether tangible or intangible.
(g) Contribution. 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
consideration is received unless it is
clear from the surrounding circumstances
that it is not made for the purpose of
promoting, demoting, or commenting on an
election item. An expenditure made at the
behest of the candidate, committee or
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elected officer is a contribution to the
candidate, committee, or elected officer
unless full and adequate consideration is
received for making the expenditure.
"Contribution" also includes the
purchase of tickets for events such as
dinners, luncheon, rallies, and similar
fundraising events; the candidate I s own
money or property used on behal f of his
candidacy ~ the granting of discount or
rebate
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; the paYment of compensation by any
person for the personal
services or
expenses of any person if such services
are rendered or expenses incurred on
behalf of the candidate or committee
without payment of full and adequate
consideration.
"Contribution" further includes any
transfer of anything of value received by
a committee from another committee.
"Contribution" does not include
amounts
received
pursuant
to
an
enforceable promise to the extent that
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such amounts have previously been reported
as a contribution. However, the fact that
such amounts have been received shall be
indicated in the appropriate campaign
statements.
Notwithstanding the foregoing
definition, "contribution" does not
include volunteer personal services or
payments made by any individual for his
own travel expenses if such payments are
voluntarily made without any understanding
or agreement that they shall be directly
or indirectly repaid to him.
(h) Measure. Any City Charter
Amendment, or other proposition or other
bond issue which is submitted to a popular
vote at an election by action of a
legislative body, or which is submitted or
is intended to be resubmitted to a popular
vote at an election by initiative,
referendum, or recall procedure, whether
or not it qualifies for the ballot.
(i) Proponent of a Measure. A
person or group of persons organized for
the purpose of circulating a petition for
the qualification of a measure on the
ballot in a municipal election or for the
purpose of obtaining the passage of a
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measure that has qualified for the ballot
in a municipal election.
(j) Opponent of a Measure. A
person or group of persons organized for
the purpose of opposing the circulation of
a petition for the qualification of a
measure on the ballot in a municipal
election or for the purpose of opposing
the passage of a measure that has been
qualified for the ballot in a municipal
election.
(k) Election Item. Each office
that will be filled by an election and
each measure that will be approved or
disapproved by an election.
SECTION 4. Any provision of the Santa Monica Municipal
code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 5. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The city council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause same to be published once in the official newspaper within
15 days after its adoption. The ordinance shall become effective
30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS rY
city Attorney
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Adopted and approved thls 11th day of February, 1986.
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I Mayor
I hereby certIfy that the foregoing Ordinance No. 1357 (CCS)
was duly and regularly Introduced at a meetlng of the CIty
Council on the 28th day of January 1986; that the saId Ordinance
was thereafter duly adopted at a meetIng of the Clty CouncIl on
the 11th day of February 1986 by the followIng Council vote:
Ayes: Councllmembers: Conn, Epstein, Jennings, H. Katz,
Zane and Mayor Reed
Noes: councllmembers: None
Abstain: Councilmembers: None
Absent: Councllmembers: A. Katz
,A
ATTEST: - '", ~
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