Section 13. ADJUSTMENTS TO FUND DISTRIBUTION.

   (A)   Once the certification of participation for Participating Candidates for a regular local election has been completed, the Clerk shall calculate the total amount of money to be distributed in the election cycle, based on the number of Participating Candidates and the allocations specified in Section 12 of the Open and Ethical Elections Code and shall then distribute the Fund revenue within three business days.

   (B)    If the allocation specified in Subsection A of this section is greater than the total amount available for distribution, then the amounts to be distributed to individual Participating Candidates shall each be reduced by the same percentage as the reduction by which the total amount needed has been reduced relative to the total amount available.

(Am. Ord. 2022-042)

Section 14. RUN-OFF ELECTIONS.

   (A)   On the Friday after a regular local election when the election results are certified, the Clerk shall issue Fund revenue to each Participating Candidate involved in a runoff election in the following amounts:

      (1)   for Mayoral candidates$1.00 per registered City voter; and

      (2)   for Council candidates$.50 per registered City voter residing in a Council district.

   (B)   Notwithstanding the foregoing, in Council districts containing fewer than 40,000 registered voters, the Clerk shall distribute$20,000 to each Participating Council Candidate, in lieu of$.50 per registered City voter residing in the district.

(Amended at Regular Municipal Election, November 5, 2019.) (Am. Ord. 2022-042)

Section 15. COMMUNICATION OF PARTICIPATION STATUS TO VOTERS.

   Once a candidate is certified as a Participating Candidate, the Clerk shall publish the Participating Candidate's Certification on the City Clerk's website along with the terms and conditions of the Open and Ethical Election Code the Candidate has agreed to abide by.

(Am. Ord. 2020-019; Am. Ord. 2022-042)

Section 16. ADJUSTMENTS FOR INFLATION AND POPULATION GROWTH.

   The City Attorney and the Clerk shall review the dollar amounts specified in the Open and Ethical Elections Code periodically. The City Attorney and Clerk shall recommend any necessary adjustments to reflect inflation or population change to the Council and Mayor to consider amendments to the Code.

(Am. Ord. 2020-019; Am. Ord. 2022-042)

Section 17. ADMINISTRATION - CLERK -- DUTIES.

   (A)   The Clerk with the assistance of the City Attorney shall adopt rules to insure effective administration of the Open and Ethical Elections Code.

   (B)   The rules shall include procedures for:

      (1)   qualifications, certification and disbursement of revenues and return of unspent Fund revenues;

      (2)   obtaining Qualifying Contributions;

      (3)   certification of a candidate’s participation;

      (4)   collection of revenues; and

      (5)   return of Fund disbursements and other money to the Fund.

   (C)   The Clerk shall provide the public with educational materials relating to the provisions of the Open and Ethical Elections Code.

(Am. Ord. 2020-019; Am. Ord. 2022-042)

Section 18. APPEALS.

   The procedure for challenging a decision of the Clerk to grant, deny, or revoke a Candidate's certification as a Participating Candidate is as follows:

   (A)   A Person aggrieved by the Clerk's decision may appeal to the Clerk within three days of the decision. The appeal shall be in writing and shall set forth the reasons for appeal;

   (B)   Within five days after an appeal is properly made, and after due notice is given to the parties in dispute, the City Hearing Officer shall hold a hearing whereby:

      (1)   the appellant has the burden of providing evidence to demonstrate that the Clerk's decision was improper; and

      (2)   the City Hearing Officer shall rule on the appeal within three days after the completion of the hearing;

   (C)   the parties in dispute may appeal the decision of the City Hearing Officer to the Board of Ethics and then to district court as provided by law; and

   (D)   Participating Candidates whose certification of participation is revoked on appeal may be required to return to the Clerk up to all money distributed from the Fund. If the City Hearing Officer or court finds that an appeal was made frivolously or to cause delay or hardship, the City Hearing Officer or court may sanction the moving party by requiring the party to pay the attorney's fees and administrative and/or court costs of the opposing parties.

   (E)   For the purposes of this section, “parties in dispute” includes the City.

(Amended by Ordinance No. 2019-019; Am. Ord. 2020-019; Am. Ord. 2022-042)

Section 19. PENALTIES - ENFORCEMENT.

    The Clerk and Board of Ethics and Campaign Practices shall enforce the Open and Ethical Elections Code pursuant to Articles XII and XIII of the City Charter and pursuant to rules promulgated by the Clerk.

(Amended at Regular Municipal Election, October 6, 2009. Amended at Regular Municipal Election, November 5, 2019.)

(Article XVI adopted at Regular Municipal Election, October 4, 2005) (Am. Ord. 2020-019; Am. Ord. 2022-042)

Section 20. AMENDMENTS.

   The Open and Ethical Elections Code may be amended without requiring compliance with Article VI of this Charter by ordinance adopted by a majority plus two of the entire membership of the Council voting in favor of such amendment or amendments, and said ordinance being otherwise governed by Article XI of this Charter.

(Section 22 adopted at Regular Municipal Election, November 5, 2019) (Am. Ord. 2020-019; Am. Ord. 2022-042)

ARTICLE XVII. [PLANNING]

Section 1.

   The Council is the city's ultimate planning and zoning authority, including the adoption and interpretation of the Comprehensive Plan and the Capital Improvement Plan. The Council is also the city's ultimate authority with respect to interpretation of adopted plans, ordinances, and individual cases.

Section 2.

   The Mayor or his designee shall formulate and submit to the Council the Capital Improvement Plans and shall oversee the implementation, enforcement, and administration of land use plans.

(Article XVII adopted at Regular Municipal Election, October 6, 2009.)