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SR-106-016 i' . e e /o(p-o/(P Monica, California ~-J9 FfB 1 1 1986 CA:RMM:lld060b city council Meeting 2-11-86 Santa STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Abolishing Fair Election practices Commission At its meeting on January 28, 1986, the City Council introduced for first reading an ordinance abolishing the Fair Election Practices Commission. The ordinance is now presented to the city Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney Laurie Lieberman, Deputy City Attorney ~-A HB 11 \986 e e CA:RMM:lld060jhpc City Council Meeting 2-11-86 Santa Monica, California ORDINANCE NUMBER 1357 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING SECTIONS 11203, 11204, 11205, AND 11208A 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 sections 11203, 11204, 11205, and 11208A of the Santa Monica Municipal Code are repealed.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. - 1 - ~ e e 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 Community 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. II Candidate II also includes any ~ - 2 - e It office holder vlho is subj ect 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 City Council, the Santa Honica 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. ~ - 3 - e e (e) voting Aqe 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 -i - 4 - e e elected officer is a contribution to the candidate, committee, or elected officer unless full and adequate consideration is received for making the expenditure. "contributionU also includes the purchase of tickets for events such as dinners, luncheon, rallies, and similar fundraising events: the candidate's own money or property used on behalf 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 nel.\Tspapers 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 ana adequate consideration. UContribution" further includes any transfer of anything of value received by a committee from another committee. IIcontribution" does not include amounts received pursuant to an enforceable promise to the extent that -l - 5 - e e 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, II contribution" does not include volunteer personal services or payments made by any individual for his mm 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 I 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 initiativel referendum, or recall procedure I 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 ., - 6 - e e 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 .. - 7 - e e declared invalid or unconstitutional without regard to Hhether 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: ~ '-. L . ROBERT 11. MYERS City Attorney -lJ - 8 - .. e e Adopted and approved this 11th day of February, 1986. f ~~ ~ ~ / . Mayor I hereby certlfy that the foregoIng OrdInance No. 1357(CCS) was duly and regularly Introduced at a meetIng of the Clty CounCIl on the 28th day of January 1986; that the saId OrdInance was thereafter duly adopted at a meetIng of the CIty CounCIl on the 11th day of February 1986 by the follOWIng CounCIl vote: Ayes: Councllmembers: Conn, EpsteIn, JennIngs, H. Katz, Zane and Hayor Reed Noes: Councl.lmembers: None AbstaIn: Councllmembers: None Absent: Councllmembers: A. Katz ATTEST: /2- L, /' 7L /J;;4-/~ CIty Clerk 1