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O2135 f:\atty\muni\laws\mjm\campaignfinancerevised2d-1.doc City Council Meeting 8-10-04 Santa Monica, California ORDINANCE NUMBER 2135 (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 11.04.105 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 Amerydment 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 WHEREAS, committees and slate mailer organizations pose particular challenges to effectuating this commitment; and 1 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 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 2 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. (b) Election. Any general or special election held to 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. (c) Organization. Any corporation, association, partnership, committee, labor organization, political party or other similar legal entity or arrangement, whether organized for profit or not. (d) Person. A natural born individual, as well as any organization. (e) Small Contributor Political Action Committee. "Small contributor political action committee" means any committee which meets all of the following criteria: 3 (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. Any candidate, committee, elected official or slate mailer organization filing a statement required by Chapter 4 of Title 9 of the Government Code (Political Reform Act of 1974) shall also file a copy of that statement with the City Clerk by the filing deadline specified in state law. The City Clerk shall post statements on the City's website within 24 hours, excluding weekends, or as soon thereafter as practicable. 4 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 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. 5 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: 6 Approved and adopted this 10th day of August, 2004. ~~Yor 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. 2135 (CCS) had its introduction on August 3, 2004, and was adopted at the Santa Monica City Council meeting held on August 10, 2004, by the following vote: Ayes: Council members: Mayor Pro Tem McKeown, Genser, Feinstein, O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: Mayor Bloom, Katz, Holbrook ATTEST: .~~,~~.~ Maria M. Stewart, City Clerk 7