SR-104-000-06 (9)
f:\atty\muni\strpts\mjm\campaignfinancerevised.doc
City Council Meeting 8-3-04 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: An Ordinance Of The City Council Of The City Of Santa Monica Amending
Santa Monica Municipal Code Sections 11.04.040 And 11.04.100 And
Adds Section 11.040.105 To The Municipal Code Relating To Campaign
Finance Reporting Requirements
Introduction
At its meeting on July 27, 2004, the Council considered a proposed ordinance modifying
the City’s Election Code and directed staff to make one change in the proposed
ordinance. The attached proposed ordinance includes that change and is presented to
the City Council for first reading.
Background
Council directed that language be included requiring the City Clerk to post campaign
statements on the City’s website within 24 hours or as soon as practicable. Concerns
were expressed about the press of work experienced by the Clerk’s office during the
election season.
Discussion
The attached proposed ordinance includes language in Municipal Code Section
11.04.100 requiring the posting of campaign statements within 24 hours or as soon as
practicable. An allowance is included for weekends so that they would not be counted.
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Financial Impacts
No significant impacts are expected.
Recommendation
Staff recommends that the Council introduce the attached ordinance for first reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
ATTACHMENTS: July 27, 2004 Staff Report – See 7/27/04 staff report in Panagon
Revised Ordinance – Attached
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f:\atty\muni\laws\mjm\campaignfinancerevised-1.doc
City Council Meeting 8-3-04 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
11.04.040 AND 11.04.100 AND ADDS SECTION 11.040.105 TO THE MUNICIPAL
CODE RELATING TO CAMPAIGN FINANCE REPORTING REQUIREMENTS
WHEREAS, meaningful campaign finance disclosure laws are an essential element of
the democratic electoral process because they protect the voters’ ability to make
informed choices; and
WHEREAS, disclosure requirements must be tailored to preserve First Amendment
rights; and
WHEREAS, the City of Santa Monica is committed to protecting both the democratic
electoral process and individual rights; and
WHEREAS, giving the public convenient access to campaign statements informs and
thereby empowers the electorate; and
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WHEREAS, committees and slate mailer organizations pose particular challenges to
effectuating this commitment; and
WHEREAS, in order to honor its commitment and meet these challenges, the City
Council wishes to modify the City’s Elections Code to address the reporting
requirements applicable to such groups,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 11.04.040 is hereby
amended to read as follows:
Section 11.04.040 Definitions.
Unless a word or phrase is specifically defined in this
Chapter, the definitions set forth in the Fair Political
Practices Act, Government Code Sections 82000 et seq.
shall apply to this Chapter. The following words or phrases
as used in this Chapter shall have the meanings set forth
below.
(a) Candidate. Any individual who has qualified to
be listed on a ballot or who has solicited write-in votes on his
or her behalf for election to the Santa Monica City Council,
Santa Monica Rent Control Board or any other elected office
of the City of Santa Monica, or who receives a contribution
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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 election to such
office, whether or not the specific elective office for which
such person will seek 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 office holder who is subject of a recall
petition.
Deleted:
(b) 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
(b) Election. Any general or special election held to
the nomination or election of one or
more candidates.
Deleted:
c
elect or remove a member of the Santa Monica City Council,
the Santa Monica Rent Control Board or any other elected
office of the City of Santa Monica.
Deleted:
d
(c) Organization. Any corporation, association,
partnership, committee, labor organization, political party or
other similar legal entity or arrangement, whether organized
for profit or not.
Deleted:
e
(d) Person. A natural born individual, as well as any
organization.
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Deleted:
f
(e) Small Contributor Political Action Committee.
"Small contributor political action committee" means any
committee which meets all of the following criteria:
(1) All of the contributions it receives from any
person in a twelve month period total fifty dollars or less.
(2) It has been in existence at least six months.
(3) It contributes to at least five candidates within a
three year period.
(4) It is not a candidate controlled committee.
(5) It receives contributions from more than one
hundred persons.
SECTION 2.Santa Monica Municipal Code Section 11.04.100 is hereby amended
to read as follows:
Section 11.04.100 Filing of statements.
Deleted:
Each
Any candidate, committee, elected official or slate
Deleted:
and each
Deleted:
supporting or opposing a
mailer organization filing a statement required by Chapter 4
candidate or candidates or any ballot
measure and each member of the
Santa Monica City Council, Santa
of Title 9 of the Government Code (Political Reform Act of
Monica Rent Control Board or any
other elected office of the City of
Santa Monica, shall file with the City
1974) shall also file a copy of that statement with the City
Clerk each statement
Deleted:
under
Clerk by the filing deadline specified in state law. The City
Clerk shall post statements on the City’s website within 24
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hours, excluding weekends, or as soon thereafter as
practicable.
SECTION 3.Section 11.04.105 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 11.04.105 Reporting of committee
expenditures.
Any committee that makes expenditures of One
Thousand Dollars ($1,000) or more to support or oppose a
candidate or candidates or any ballot measure shall report
such expenditures to the City Clerk. This requirement shall
apply to independent expenditures and member contribution
expenditures but not to direct contributions to political
committees.
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 effect 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 this Ordinance. The City Council hereby declares that it would
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have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not 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 the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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