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(a) No official of the city shall knowingly:
1. Disclose or use confidential information concerning the property, government or affairs of the governmental body by which that official is employed or of which the official is a member without proper authorization in order to advance the direct or indirect private financial or other private interests of said official or others;
2. Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which the official has a direct or indirect private financial interest;
3. Represent private interests in any action or proceeding before the governmental body by which the official is employed or of which the official is a member or any appeal of a decision of such body;
4. Accept any valuable gift, whether in the form of service, loan, thing or promise, from any employee of or applicant for employment with the City of Albuquerque or from any person, firm or corporation which to the official's knowledge is interested directly or indirectly in any manner whatsoever, in business dealings with the governmental body by which the official is employed or of which the official is a member, including donors who are unidentified; provided, however, that this subsection shall not be read as prohibiting an incumbent candidate for any elective office from receiving duly disclosed campaign contributions in accordance with the provisions of Article XIII of this Charter or an official who is a candidate for a non-city office from receiving campaign contributions for that non-city office.
(b) No member of the City Council shall:
1. During the term for which he or she was elected, be appointed to or selected for any paid office or employment with the city, nor shall he or she within one year thereafter be appointed to any paid city office or employment which the city created, or the emoluments of which first were established or were increased during such term; nor shall any member of the City Council during the term for which he or she was elected nor within one year thereafter, be interested directly in any contract with the city, which was authorized by any law passed during such term;
2. During their term of office participate in any debate or vote on any matter which will likely result in any benefit to the member which benefit is greater than the benefit to the public in general. A benefit for purposes of this paragraph shall mean a financial benefit or a benefit conferred by the City Council member's employer as a direct result of the member's participation in the matter.
(c) Disqualification. An official is disqualified from participating in a matter when: (1) the official has or is in the process of acquiring a direct interest in an enterprise which would be affected by the official's vote on proposed legislation, unless the interest is common to all members of a profession or occupation of which the official is a member or the general public or a large class of the general public, (2) the official benefits financially from a direct or indirect interest with a person whom the official knows has an interest in an enterprise or interest that would be affected by the official taking any action, (3) the official benefits financially from a direct interest with a person who is lobbying for the purpose of influencing any action, or (4) the official solicits, accepts, or agrees to accept a loan, other than a loan from a commercial lender in the normal course of business, from a person who would be affected by or has an interest in an enterprise which would be affected by the official's participation in any action.
(Am. Ord 35-1975; Am. Ord. 29-1976; Am. Ord. 91-1980; Am. Ord. 23-1988; Am. Ord. 33-1989; Am. Ord. 34-2006)
(a) An official of the City with any private financial interest in any contract or other matter pending before or within the governmental body the official is employed by or a member of, shall file an annual disclosure statement to the governmental body.
(b) Any Councilor who has a direct or indirect interest in any matter pending before the Council shall disclose such interest on the records of the Council. The existence of a direct or indirect private financial interest on any matter coming before the Council, including approval of a contract, shall disqualify a Councilor from debating and voting on the matter. A majority of the remaining members of the Council shall determine whether a Councilor has a direct or indirect interest and whether the Councilor shall be allowed to vote and participate in the decision-making process related to the matter. A Councilor who has a conflict of interest may voluntarily decline to vote and participate in the decision-making process related to the matter.
(c) The Mayor and each City Councilor, during their term of office, shall file contribution and expenditure disclosure statements on the second Monday in May and November of each year setting out all contributions and expenditures, as defined in the City Election Code, during the previous period, raised or spent in connection with any campaign or pre-campaign activity for any elected office. Expenditures of public funds in the regular course of the Mayor or Councilor's official duties are not contributions and expenditures subject to such disclosure under this section. The Mayor and Councilors are not required to file a biannual statement if they have had no campaign or pre-campaign contributions or expenditures during the previous period. These reporting requirements shall be in addition to the reporting requirements of the Election Code, provided that any information filed with the City Clerk pursuant to City Charter Article XIII, Section 4(c) need not be included in the subsequent biannual reports required by this section. The contributions and expenditures identified in the biannual statements that are to be applied to a campaign for election to a City office shall be included in the first campaign disclosure report that the candidate files pursuant to the Election Code.
(d) All elected officials and Department Directors shall file with the City Clerk an annual disclosure statement listing all of the changes or additions to the disclosure information provided by the elected official at the time of filing his or her declaration of candidacy pursuant to Section 3 of the Election Code or if a Department Director, at the time of beginning their position as a Director. If no changes have occurred, the official shall so state in the annual disclosure statement. The annual disclosure statement shall be due on the first city work day of July and shall be submitted on a form approved by the City Clerk. The annual disclosure statement shall be a public record.
(e) In addition to the information disclosed pursuant to Section 3 of the Election Code, the annual disclosure statement for all elected officials and Department Directors shall include the following information for the preceding calendar year:
(1) the full name of the reporting individual and the reporting individual's spouse;
(2) the name and address of any employer employing the reporting individual or the reporting individual's spouse, the title or position held, and a brief description of the nature of the business or occupation;
(3) the identity, zip code, and purpose of use of real property owned by the reporting individual, the reporting individual’s spouse, or the reporting individual's dependent children; provided that in the absence of a zip code, the county of situs is required to be disclosed;
(4) the identity of assets of more than fifty thousand dollars ($50,000) directly or beneficially owned by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children; provided that in determining whether an asset has a value of more than fifty thousand dollars ($50,000), the value should not be reduced by any debt secured by the asset, such as a mortgage or other secured loan, and a good faith estimate of the fair market value of an asset is permitted if the exact value is neither known or easily obtainable. The disclosure of assets shall include:
(A) commodities, including the type of commodity;
(B) investments in stocks, bonds, futures contracts, options, derivatives, currency, real estate investment trusts, mutual funds, private equity funds, exchange-traded funds, and trust funds of which the reporting individual is a beneficiary; provided that if the investment is or forms part of a fund, the reporting individual is only required to identify the fund, the fund manager, and any underlying holdings of the fund that have a value of more than fifty thousand dollars ($50,000); and
(C) contractual rights that are reasonably likely to generate future income, such as royalties and intellectual property, the names of the contracting parties, and the purpose of the contract;
(5) all sources of income equal to or greater than the amount that must be disclosed to the internal revenue service pursuant to 26 U.S.C. Section 6041(a), as amended, directly or indirectly accrued by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18, except for income below $50,000 accrued by such dependent children, including:
(A) the identity of the source of earned income; provided that:
(i) if a source of earned income is owed a legal or professional duty of confidentiality and the identity of the source of the income has not been disclosed to a public agency, the reporting individual may identify the source as "confidential" and describe the duty of confidentiality that prevents disclosure of the source of the earned income; and
(ii) if an indirect source of earned income is a client of a business entity of which the reporting individual or the reporting individual's spouse is a member, the indirect source of earned income is not required to be disclosed if the reporting individual or the reporting individual's spouse has no role in any matter involving the source; and
(B) the identity of sources of unearned income, including taxable interest, capital gains, dividends, annuities, trust distributions, rents from real property and insurance policies;
(6) Liabilities of more than five thousand dollars ($5,000) owed by:
(A) the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18; and
(B) a trust of which the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18 are beneficiaries;
(7) For a liability identified pursuant to Subsection (6) of this section, the reporting individual shall disclose:
(A) the identity of the person who owes the debt or liability;
(B) the person to whom the debt or liability is owed;
(C) the amount of the debt or liability; and
(D) any payments on the debt or liability during the previous calendar year;
(8) The disclosure statement is not required to include:
(A) ordinary consumer debt;
(B) mortgage debt on the primary residence of the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18;
(C) student loans;
(D) liabilities owed to parents, grandparents, children or siblings of the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18; and
(E) One passenger vehicle registered to the reporting individual, the reporting individual's spouse, and the reporting individual's dependent children over the age of 18;
(9) The following information related to any privately held business controlled by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18:
(A) the name of the business entity, a brief description of the nature of its activities and its geographic location, including the City and State; and
(B) for a privately held business entity formed for the purpose of holding investments:
(i) assets of more than fifty thousand dollars ($50,000) or that generated income directly or beneficially owned by the business entity in an amount equal to or greater than the amount that must be disclosed to the internal revenue service pursuant to 26 U.S.C. Section 6041(a), as amended; provided that in determining whether an asset has a value of more than fifty thousand dollars ($50,000), the value should not be reduced by any debt secured by the asset, such as a mortgage or other secured loan; and
(ii) any liability of the business entity in an amount greater than fifty thousand dollars ($50,000), including:
(a) the identity of the business entity that owes the debt or liability;
(b) the person to which the debt or liability is owned;
(c) the amount of the debt or liability; and
(d) any payments on the debt or liability during the previous calendar year;
(10) The following information related to professional licenses, memberships and offices held for the prior calendar year:
(A) professional licenses held by the reporting individual and the reporting individual's spouse; and
(B) board memberships, offices or other positions held by the reporting individual and the reporting individual's spouse in:
(i) corporations, partnerships, trusts or other for-profit business entities; and
(ii) nonprofit organizations, educational organizations, political organizations or other nongovernmental organizations; and
(11) Any gift received in the prior calendar year by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18 having a market value greater than fifty dollars ($50.00) from a restricted donor, a registered lobbyist, a lobbyist's employer, a government contractor or a person that has responded to a request for proposals or an invitation to bid issued by the City.
(Am. Ord. 35-1975; Am. Ord. 91-1980; Am. Ord. 24-1981; Am. Ord. 13-2003; Am. Ord. 34-2006; Am. Ord. 2017-007; Am. Ord. 2019-003; Am. Ord. 2019-030; Am. Ord. 2022-043; Am. Ord. 2024-036) (Amended at Regular Municipal Election, October 2, 2001, as Proposition #10.)
No official of the city shall use property, owned by any governmental body or funds of any governmental body, for personal benefit, convenience or profit, except in accordance with policies promulgated by the Council. This prohibition includes the use of city property or funds to advertise or promote the campaign of any official, except as provided in this section. Use of city property to promote a campaign is limited to areas made available to all candidates for public office, including public areas, areas used for public meetings and such city facilities that are designated as meeting space that is available to all candidates for public office. No campaign activities shall be conducted in those portions of city facilities that are dedicated as work areas for city employees. Officials are prohibited from using any method of communication paid for with city resources, including but not limited to public service announcements, signage, official websites or mail during the three months prior to their election date, if such advertising states or implies personal responsibility of the official for any city accomplishment. Officials are prohibited from using any method of communication paid for with city resources, including but not limited to public service announcements, signage, official websites or mail if such communication is in a form that would be reasonably mistaken for the campaign materials of the official because of the similarity of design, content or graphics being used in the campaign.
(Am. Ord. 34-2006)
No official shall participate in the following types of political activity:
(A) Using his or her position or employment with the city to influence support of employees of the city for or against any candidate, issue or Measure Finance Committee or other similar organization in any election or pre-election activity; provided, however, that nothing herein shall deny the right of an official of the city to express his or her views on any issue.
(B) Accepting and/or soliciting campaign contributions for any candidate or Measure Finance Committee or other similar organization in any election or pre-election activity, during working hours, at a city workplace or in the scope of their city employment.
(C) Accepting and/or soliciting contributions for the benefit of a city employee or official for political purposes during working hours, at a city workplace or in the scope of his or her city employment.
(D) This section shall not apply to electioneering communications, provided that no electioneering communications may be sent to a city employee at his or her place of work by leafleting, mail, phone, e-mail or by other electronic communication.
(E) No adverse employment action shall be taken against any employee for reporting to the Board of Ethics and Campaign Practices any violation of this section, including but not limited to direct solicitation.
(Ord. 34-2006)
(a) Any charge of violations of this Code of Ethics shall be brought before the City Clerk. Any private citizen may initiate such a charge in accordance with regulations established by the City Clerk.
(b) Should the Board find, after referral of the complaint from the City Clerk and due hearing, that a violation has occurred, it may make a public reprimand or impose a fine of not to exceed $500 for each violation or do both.
(c) Automatic Fines. Notwithstanding subsection (b) of this section, a failure of an elected official to file a biannual report required in Section 5 of this Code of Ethics or the filing of a false report shall subject the elected official to an automatic fine according to the schedule of fines established in the Rules and Regulations of the Board and a public reprimand. The Board may establish in its Rules and Regulations additional automatic fines for the failure of an elected official to file a report or correct a report after the initial determination by the Board that the elected official failed to file a report or that the report was false. In situations where there is an incomplete filing, the elected official shall be notified by the City Clerk that the biannual report is incomplete. The elected official shall have ten days from the date of notice to complete the biannual report. If the incomplete biannual report is not completed within ten days, the elected official shall be subject to an automatic fine according to the schedule of fines established in the Rules and Regulations of the Board and a public reprimand. If the report is completed within ten days and the Board determines from the face of the filings that any omissions in the report were inadvertent and made in good faith, the Board shall find that there has been no violation. The City Clerk shall issue all automatic fines required in this subsection, subject to the appeal procedures established in the Rules and Regulations of the Board.
(d) In addition to imposing such sanctions, or as an alternative thereto, the Board may recommend to the Council that an appointed or employed official be suspended or removed from office or that an elected official be removed from office.
(e) The Council may, upon the recommendation of the Board of Ethics and Campaign Practices, and after due hearing of the charge, order the suspension or removal of an appointed or employed official, or the removal of an elected official; provided, however, that no official shall be removed or suspended except upon the concurrence of two-thirds of the Councilors qualified to vote thereon.
(f) An appeal may be taken from any findings and action of the Board pursuant to Subparagraph (b) of this Section, and from any order of the Council pursuant to Subparagraph (d) of this Section, to the District Court of the 2nd Judicial District, by filing Notice of Appeal in the said District Court within 5 days of the date of the action or order appealed from, and by filing with said District Court within 30 days a true transcript and record of the proceedings upon which said action or order is based. The hearing in the District Court shall be held on the said transcript and record only, and new testimony shall not be taken.
(Am. Ord. 35-1975; Am. Ord. 24-1981; Am. Ord. 34-2006; Am. Ord. 44-2007; Am. Ord. 2019-030; Amended at a Special Election held in conjunction with a Regular Municipal Election, October 5, 1999, as Question #12.)
(a) The Board or City Clerk may choose to ask for an investigation; to do this, it may temporarily employ or contract with investigators and require investigation by city staff assigned to the Board or by the Office of Inspector General upon acceptance of the complaint, or upon evidence or belief of fraud or a violation of the Charter. The Board or City Clerk shall direct and limit the scope and nature of all such investigations. No such investigation shall be undertaken unless it is specifically authorized and defined by the Board or City Clerk. For the purposes of this section, the term "allegations" means both any formal charges filed with the Board or City Clerk or initiated by the Board or City Clerk and other information raising a substantial question related to compliance with the Code of Ethics, the Open and Ethical Election Code, or the Election Code. Such investigation may relate to violation of the Code of Ethics, the Open and Ethical Election Code, or the Election Code.
(b) In retaining an investigator, the Board of Ethics and Campaign Practices shall not be bound by procedures of the City of Albuquerque which would otherwise apply to selecting a contractor or employee. The Board shall adopt its own procedures, consistent with good administrative practices.
(c) All officials and contractors of the City of Albuquerque shall furnish the Board of Ethics and Campaign Practices or its investigator with requested information and records within their custody which are germane to an investigation authorized by the Board. Officials and contractors may be required to appear as witnesses in hearings concerning ethics or campaign practices charges heard by the Board.
(Ord. 31-1989; Am. Ord. 34-2006; Am. Ord. 2022-042)
Nothing herein set forth shall be construed to affect or otherwise diminish any penalties otherwise provided by law for violation of the matters set forth in this Code of Ethics, or shall prevent the Board of Ethics and Campaign Practices from bringing to the attention of the proper authority any alleged violation coming to its attention which may be subject to such other penalties.
(Am. Ord. 24-1981; Am. Ord. 31-1989; Am. Ord. 34-2006)
The above Code of Ethics may be amended without requiring compliance with Article VI of this Charter by ordinance adopted by a majority of the entire membership of the Council plus two additional members thereof voting in favor of such amendment or amendments and said ordinance being otherwise governed by Article XI of this Charter.
(Article XII adopted at Special Election, February 26, 1974 as part of Proposition #1) (Am. Ord. 35-1975; Am. Ord. 29-1976; Am. Ord. 77-1978; Am. Ord. 91-1980; Am. Ord. 24-1981; Am. Ord. 31-1989; Am. Ord. 34-2006)
Public disclosure and regulation of certain campaign practices will serve to increase public confidence in the integrity of government by informing the public of the qualifications of a candidate for elective office and of the possible sources of influence upon that candidate and of the financing of a campaign to influence the passage or defeat of a measure. The principle that the candidate assumes ultimate and complete responsibility for the conduct of the campaign is therefore incorporated in to this Charter and shall be implemented according to this Election Code.
(Ord. 17-1993; Am. Ord. 2022-042)
(a) "Anonymous Contribution" means a contribution received by a candidate or a Measure Finance Committee for which the contributor cannot be identified. Contributions received by a host pursuant to Section 4(j) of this Election Code shall not be considered anonymous contributions.
(b) “Broadly Distributed" means material that has been sent, delivered, or transmitted to more than 100 people.
(c) "Board" means the Board of Ethics and Campaign Practices established pursuant to Article XII of this Charter.
(d) "Campaign Materials" means any published, printed or broadly distributed campaign advertising or communications such as newspaper advertisements, handbills, petitions, circulars, letters, radio or TV broadcasts, cable distributions, social media sites, websites, electronic or telephonic transmissions or similar written material used in a campaign by a candidate or a Measure Finance Committee.
(e) "Candidate" means any individual who has (1) obtained a nominating petition from the City Clerk pursuant to Section 4(c)1.D. of this Election Code for the office of Mayor or Councilor, (2) filed an affidavit on a form approved by the City Clerk, stating that he or she is a candidate for either the office of Mayor or City Councilor, (3) filed as a candidate for elected office as required by law, whichever first occurs, or (4) has received or solicited contributions or made expenditures of one thousand dollars ($1,000) or more or authorized another person or campaign committee to receive or solicit contributions or make expenditures of one thousand dollars ($1,000) or more for the purpose of seeking election to the office.
(f) "Candidate Finance Committee” consists of the candidate, the candidate's treasurer, and any person authorized either expressly or by implication by the candidate to participate in the solicitation, receipt, expenditure, or employment of contributions on behalf of the candidate. "Member of the Candidate Committee" means any such person.
(g) "Candidate's Treasurer" means the person who is appointed by a candidate to receive, keep and disburse all money which may be collected, received or disbursed by the candidate, the Candidate Finance Committee, or any of its members.
(h) "Contributions'* means:
1. Monies, loans, debts incurred, obligations incurred, property in-kind, including the use thereof, or commercial or professional services:
A. Incurred or received by a candidate, the candidate's treasurer, the Candidate Finance Committee, or a member thereof on behalf of the candidate, or by a Measure Finance Committee or a member thereof on behalf of the Committee. For the purposes of this Subsection, a debt or obligation shall be considered incurred at the time authorization is given or contract made for the debt or obligation.
B. Not received by a person or entity named in Subparagraph A above, but expended or employed on behalf of a candidate or measure, where such monies, loans, debts incurred, obligations incurred, property in-kind, or commercial or professional services have been solicited or otherwise consented to by such committee or have been expended or employed in a manner or amount directed, authorized, either expressly, by implication, or consented to by such committee.
2. Contributions of property, including the use thereof, and contributions of commercial or professional services shall be attributed a cash value equal to their fair market value.
3. Notwithstanding the foregoing, none of the following shall be considered a contribution: a candidate's own services and property, other than cash; the use of a dwelling unit and residential premises incidental thereto for any campaign purpose and the provision of refreshments and entertainment in connection with such use; the services of the person who is performing the duties of the candidate's treasurer; and the use of vehicles for any campaign purpose other than in connection with the performance of a commercial or professional service.
4. The payment or waiver of legal fees to advise a candidate on compliance with campaign laws or regulations, and payment or waiver of legal fees or court costs to represent a candidate or candidate committee in any action reasonably related to the campaign or election in which the candidate or committee has been named as a defendant, are contributions that must be disclosed, but are not subject to any contribution limits in the Charter.
(i) “Coordinated Expenditure” means an expenditure that is made:
1. by a person other than the candidate or campaign committee;
2. at the request or suggestion of, or in cooperation, consultation or concert with, a candidate, campaign committee or political party or any agent or representative of a candidate, campaign committee or political party; and
3. for the purpose of:
A. supporting or opposing the nomination or election of a candidate; or
B. paying for an advertisement that refers to a clearly identified candidate and is published and disseminated to the relevant electorate in New Mexico within thirty days before the primary election or sixty days before the general election in which the candidate is on the ballot.
(j) “Corporation” means a corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity.
(k) “Covered Office” means the office of Mayor of the City of Albuquerque or the office of any City Councilor.
(l) “Disclaimer” means a notice that identifies the person(s) or organization(s) who paid for a communication and whether the communication was authorized by one or more candidates.
(m) “Disclosure reports” means statements filed by candidates and committees in the electronic campaign finance reporting system as required pursuant to Article XIII, Section 4.
(n) "Early Voter” means a voter who votes in person before election day, and has not been issued an absentee ballot at the time the voter presents himself at an early voting location.
(o) "Election” means any City of Albuquerque municipal election.
(p) “Electioneering Communication” means any audio or visual communication in any form that is broadcast or distributed by any means that:
(1) unambiguously refers to any candidate or ballot measure;
(2) is broadcast, printed, mailed, delivered, or distributed within the 60 days preceding a regular or special election, or 45 days preceding a runoff election; and
(3) is broadcast to, printed in a newspaper, distributed to, mailed to, delivered by hand or otherwise distributed to an audience that includes members of the electorate for a covered office.
(q) “Express Advocacy” means an expenditure made by a person or group, other than a candidate or candidate’s committee, that advocates the election or defeat of a candidate or ballot measure, including all costs of designing, producing, or disseminating a communication that contains phrases such as “vote for”, “re-elect”, “support”, “cast your ballot for”, “name of candidate for name of office”, “name of candidate in year”, “vote against”, “defeat”, “reject”, or similar phrases, or other explicit references to a candidate or ballot measure that indicates intent to influence an election.
(r) "Expenditure” means the payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation, by or on behalf of any person, candidate or political committee in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including support of or opposition to a candidate or political committee or for reducing the debt of a candidate or political committee. Notwithstanding any other provision of the Charter, for the purposes of Election Code and the Open and Ethical Elections Code, the payment of legal fees to advise a candidate on compliance with campaign laws or regulations, and the payment of legal fees or court costs to represent a candidate or candidate committee in any action reasonably related to the campaign or election in which the candidate or committee has been named as a defendant, are expenditures that must be disclosed, but are not subject to any expenditure limits in the Charter.
(s) “Foreign-influenced corporation” means one or more foreign investors, in aggregate, holds, owns, controls, or otherwise has direct or indirect beneficial ownership of fifty percent or more of the total equity, outstanding voting shares, membership units, or other applicable ownership interests of the corporation.
(t) “Foreign investor” means a person or entity that:
1. Holds, owns, controls, or otherwise has direct or indirect beneficial ownership of equity, outstanding voting shares, membership units, or other applicable ownership interests of a corporation; and
2. Is a government of a foreign country; a political party of a foreign country; a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; or an individual, not lawfully admitted for permanent residence, who is not a citizen of the United States or a national of the United States.
(u) “Immediate Family” means the candidate’s spouse, parent, grandparent, child, grandchild, sister, half-sister, brother, half-brother, stepparent, step-grandparent, stepchild, step-grandchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, guardian, former guardian, domestic partner, and the immediate family of the candidate’s spouse or domestic partner.
(v) “Independent Expenditure” mean any funds spent on express advocacy or electioneering communications that are made without the cooperation, consultation or coordination with, or at the request or suggestion of, a candidate, a candidate's authorized committee or an agent thereof. An independent expenditure may include materials already distributed to the public or broadcast by a candidate, the candidates authorized committee or an agent thereof.
(w) “Mass Communications” means any communication of substantially identical content reasonably expected to reach 100 or more individuals within three (3) months of a regular or special election, or within 45 days of a runoff election. This includes communications sent directly to individuals, and communications placed or posted where they will likely be seen by 100 or more individuals, such as signs.
(x) "Measure" means any proposition submitted to a popular vote at an election, whether by initiative, referendum or recall procedure or otherwise.
(y) "Measure Finance Committee" means a political committee or any person or combination of two or more persons acting jointly in aid of or in opposition to the effort of anyone seeking to have their name placed on the ballot for city office, a petition to place a measure on the ballot pursuant to Article III of this Charter, voter approval or disapproval of one or more measures on the ballot and/or the election to, or recall from, office of one or more candidates for office when such person or people have accepted contributions in excess of $250 or make expenditures in excess of $250 for any of the purposes listed heretofore.
(z) "Person" means any individual, cooperative association, club, corporation, company, firm, partnership, joint venture syndicate, profit or nonprofit organization, or other entity.
(aa) "In-Kind Contribution" means a good or service, other than money, having monetary value not to exceed the limits set in Section 4 of Article XIII, but not including an individual who volunteers his own personal service. Professional services, including legal services, accounting services, consulting services and similar services provided directly from the professional to the Candidate are permitted, provided no single In-Kind Contributor exceeds the limits set in Section 4 of Article XIII. Notwithstanding the foregoing, a Candidate may accept unlimited In-Kind Contributions in the following areas:
(1) legal services provided directly from attorneys for the purpose of providing legal advice to comply with election laws and public financing laws,
(2) professional services provided directly from the professional, including attorneys, experts and consultants, for the sole purpose of participating in a proceeding under Section 8 of the Code of Ethics, Section 10 of the Election Code, and Sections 20 and 21 of the Open and Ethical Elections Code; and
(3) office space.
Such In-Kind Contributions shall be reported on the next statement filed with the Clerk or within 30 days of receiving the goods or services.
(bb) "Reporting individual" means every public official, candidate or treasurer of a campaign committee and every treasurer of a Measure Finance Committee.
(Ord. 17-1993; Am. Ord. 45-2003; Am. Ord. 34-2006; Am. Ord. 44-2008; Am. Ord. 2012-033; Am. Ord. 2018-033; Am. Ord. 2019-003; Am. Ord. 2022-042; Am. Ord. 2024-036)
Each candidate shall file a financial disclosure with the City Clerk. The candidate disclosure shall be filed with the City Clerk when the candidate becomes a declared candidate, be on a form prescribed by the City Clerk, and shall be sworn and attested to under penalty of perjury by the Candidate. The Candidate disclosure statement shall be a public record. The Candidate disclosure statement shall include:
(1) the full name of the reporting individual and the reporting individual's spouse;
(2) the name and address of any employer employing the reporting individual or the reporting individual's spouse, the title or position held, and a brief description of the nature of the business or occupation;
(3) the identity, zip code, and purpose of use of real property owned by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18; provided that in the absence of a zip code, the county of situs is required to be disclosed;
(4) the identity of assets of more than fifty thousand dollars ($50,000) directly or beneficially owned by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18; provided that in determining whether an asset has a value of more than fifty thousand dollars ($50,000), the value should not be reduced by any debt secured by the asset, such as a mortgage or other secured loan, and a good faith estimate of the fair market value of an asset is permitted if the exact value is neither known or easily obtainable. The disclosure of assets shall include:
(A) commodities, including the type of commodity;
(B) investments in stocks, bonds, futures contracts, options, derivatives, currency, real estate investment trusts, mutual funds, private equity funds, exchange-traded funds, and trust funds of which the reporting individual is a beneficiary; provided that if the investment is or forms part of a fund, the reporting individual is only required to identify the fund, the fund manager, and any underlying holdings of the fund if it has a value of more than fifty thousand dollars ($50,000); and
(C) contractual rights reasonably likely to generate future income, such as royalties and intellectual property, the names of the contracting parties, and the purpose of the contract;
(5) all sources of income equal to or greater than the amount that must be disclosed to the internal revenue service pursuant to 26 U.S.C. Section 6041(a), as amended, directly or indirectly accrued by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18, including:
(A) the identity of the source of earned income; provided that:
(i) if a source of earned income is owed a legal or professional duty of confidentiality and the identity of the source of the income has not been disclosed to a public agency, the reporting individual may identify the source as "confidential" and describe the duty of confidentiality that prevents disclosure of the source of the earned income;
(ii) if an indirect source of earned income is a client of a business entity of which the reporting individual or the reporting individual's spouse is a member, the indirect source of earned income is not required to be disclosed if the reporting individual or the reporting individual's spouse has no role in any matter involving the source; and
(B) the identity of sources of unearned income, including taxable interest, capital gains, dividends, annuities, trust distributions, rents from real property and insurance policies;
(6) Liabilities of more than five thousand dollars ($5,000) owed by:
(A) the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18; and
(B) a trust of which the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18 are beneficiaries;
(7) For a liability identified pursuant to Subsection (6) of this section, the reporting individual shall disclose:
(A) the identity of the person who owes the debt or liability;
(B) the person to whom the debt or liability is owed;
(C) the amount of the debt or liability; and
(D) any payments on the debt or liability during the previous calendar year;
(8) For a liability identified pursuant to Subsection (6) of this section, the reporting individual is not required to disclose:
(A) ordinary consumer debt;
(B) mortgage debt on the primary residence of the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18;
(C) student loans; and
(D) liabilities owed to parents, grandparents, dependent children over the age of 18 or siblings of the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18;
(E) One passenger vehicle registered to the reporting individual, the reporting individual’s spouse, and the reporting individual's dependent children over the age of 18;
(9) The following information related to any privately held business controlled by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18:
(A) the name of the business entity, a brief description of the nature of its activities and its geographic location, including the city and state; and
(B) for a privately held business entity formed for the purpose of holding investments:
(i) assets of more than fifty thousand dollars ($50,000) or that generated income directly or beneficially owned by the business entity in an amount equal to or greater than the amount that must be disclosed to the internal revenue service pursuant to 26 U.S.C. Section 6041(a), as amended; provided that in determining whether an asset has a value of more than fifty thousand dollars ($50,000), the value should not be reduced by any debt secured by the asset, such as a mortgage or other secured loan; and
(ii) any liability of the business entity in an amount greater than fifty thousand dollars ($50,000), including:
(a) the identity of the business entity that owes the debt or liability;
(b) the person to which the debt or liability is owed;
(c) the amount of the debt or liability; and
(d) any payments on the debt or liability during the previous calendar year;
(10) The following information related to professional licenses, memberships and offices held for the prior calendar year:
(A) professional licenses held by the reporting individual and the reporting individual's spouse; and
(B) board memberships, offices or other positions held by the reporting individual and the reporting individual's spouse in:
(i) corporations, partnerships, trusts or other for-profit business entities; and
(ii) nonprofit organizations, educational organizations, political organizations or other nongovernmental organizations; and
(11) Any gift received in the prior calendar year by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18 having a market value greater than fifty dollars ($50.00) from a restricted donor, a registered lobbyist, a lobbyist's employer, a government contractor or a person that has responded to a request for proposals or an invitation to bid issued by the City.
(Ord. 17-1993; Am. Ord. 32-1999; Am. Ord. 2019-003; Am. Ord. 2022-042; Am. Ord. 2024-036)
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