O2382City Council Meeting: 11/2212011 Santa Monica, California
ORDINANCE NUMBER 2382 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 11.04.050 OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO CONTRIBUTIONS TO CANDIDATES FOR OFFICE
WHEREAS, the City of Santa Monica is known for its highly participatory local
democracy; and
WHEREAS, the City Council has adopted various laws and policies intended to
encourage broad participation in the local political process; and
WHEREAS, among these laws is a contribution limit established in 1992 in the
amount of $250; and
WHEREAS, the law adopted in 1992 applies this limit to individuals, committees
controlled by candidates, and uncontrolled committees; and
WHEREAS, this limit has not been changed since 1992; and
WHEREAS, the City Council has preserved the 1992 limit in order to curtail the
influence of money and special interests upon the democratic process in Santa Monica;
WHEREAS, in recent years decisions of the United States Supreme Court and
lower courts have invalidated campaign finance restrictions like Santa Monica's on First
Amendment grounds; and
WHEREAS, based on this development in the case law, the City Council has
determined that Santa Monica's contribution limit must be revised, in order to maintain
its constitutionality.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 11.04.050 is hereby
amended to read as follows:
11.04.050 Limitations on contributions from persons.
(a) No person shall make to any candidate for
office or to the controlled committee of such a candidate, a
contribution or contributions totaling more than three
hundred twenty five dollars for each election in which the
candidate was on, is on, or is likely to be on the ballot or in
which the candidate sought or seeks write -in votes.
(b) No candidate for office or the controlled
committee of such a candidate shall accept from any person
a contribution or contributions totaling more than three
hundred twenty five dollars for each election.
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(c) The limitations imposed by this section shall be
adjusted every five years, commencing on July 1, 2016, by
an amount equal to the percentage change in the CPI -W
Index for the Los Angeles /Riverside /Orange County area, as
published by the United States Department of Labor, Bureau
of Labor Statistics rounded to the nearest five dollars.
(d) This section shall not be interpreted or applied
to violate the right of association or the right to express
views through expenditures. Rather, it is intended to be and
shall be applied solely as a limit on campaign contributions
to individuals and committees. (Prior code § 11203; added
by Ord. No. 1630CCS § 1, adopted 6/9/92, amended by Ord.
No. 2270CCS § 2, adopted 9/16/08)
SECTION 2. 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 3. 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
have passed this Ordinance and each and every section, subsection, sentence, clause,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. 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:
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Approved and adopted this 22nd day of November, 2011.
Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2382 (CCS) had its introduction on November 8,
2011, and was adopted at the Santa Monica City Council meeting held on
November 22, 2011, by the following vote:
Ayes: Council members: Holbrook, O'Connor, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: McKeown
Absent: Council members: Shriver
A summary of Ordinance No. 2382 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, City Clerk