.010 Notwithstanding any other provision of this chapter to the contrary, the controlled committee of an elective city officer for the immediate past election at which said city officer was elected or reelected to office may solicit and accept campaign contributions after the end of the election cycle for said election, and said contributions, regardless of when received, shall be regarded as campaign contributions made in said immediate past election cycle for purposes of the contribution limitation set forth in subsection 1.09.050.010, provided such contributions are used by the elective city officer or said controlled committee solely for the purpose of defraying the expenses of holding such city office, and further provided:
.0101 The controlled committee has retired all debt from the immediate past election at which said city officer was elected prior to expending any contributions pursuant to this section for the purpose of defraying the expenses of holding such city office; and
.0102 Any such contribution is deposited into the campaign contribution account of the controlled committee for said immediate past city election at which said elective city officer was elected or reelected in accordance with the requirements of state law; and
.0103 Any such contribution is reported as a campaign contribution on Schedule A of Fair Political Practices Commission Form 460, or any successor reporting form thereto, as required under state law and, in addition thereto, clearly designates on said reporting form that such contribution was made for the purpose of defraying the expenses of holding such city office; and
.0104 Any such contribution is used solely for the expenses of holding such city office and the use thereof is reported as an expenditure on Schedule A of Fair Political Practices Commission Form 460, or any successor reporting form thereto, as required under state law, and in addition thereto, clearly designates on said reporting form that such expenditure was made for the purpose of defraying the expenses of holding such city office; and
.0105 The treasurer of said controlled committee is provided with, and retains for a minimum period of three years, a dated receipt and a written description of the expenditure; and
.0106 Any such contributions, together with all other contributions made to the elective city officer, or his or her controlled committee, by the same contributor, during or attributed to said election cycle do not exceed the amount set forth in subsection 1.09.050.010 of this chapter; and
.0107 No contributions received for the purpose of defraying the expenses of holding city office shall be transferred to any other city candidate, elective city officer, or any other committee; and
.0108 Any contributions accepted for the purpose of defraying the expenses of holding city office and remaining in the bank account of the elective city officer or his or her controlled committee, upon the date such elective city officer's current term of office ends, shall be either returned to the contributors, deposited in the City's general fund, or donated to any bona fide charitable, educational, civic, religious, or similar tax-exempt nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the former city officer, any member of his or her immediate family, or his or her campaign treasurers; and
.0109 No controlled committee which accepts any contribution pursuant to this section for the purpose of defraying the expenses of holding any city office shall solicit or accept any campaign contribution(s) for any future city election, or redesignate such controlled committee as the controlled committee for any future election. Nothing contained in this section shall prohibit an elective city officer from creating a new controlled committee for the purpose of soliciting and accepting campaign contributions for a future election; and
.0110 No contributions shall be accepted and no expenditures shall be made or expenses incurred pursuant to this section for the purpose of defraying the expenses of holding city office by the controlled committee of any elective city officer who is eligible for election or reelection to any city office, within six months prior to the date such elective city officer's current term of office expires, or after the filing for election or reelection to any city office, whichever occurs first. Nothing contained in this paragraph shall prohibit an elective city officer's controlled committee from soliciting or accepting any contribution, making any expenditure, or incurring any expense, for the purpose of defraying the expenses of holding city office, following the date of any city election at which said elective city officer is a candidate, or following expiration of the applicable filing period for any such city office in the event said officer fails to file for election or reelection.
.020 The term "expenses of holding city office," as used in this section, shall mean any expenditure from campaign contributions by an elective city officer, or his or her controlled committee, lawfully permitted to be made from campaign contributions under the Political Reform Act and its implementing regulations, except any expenditure for "election-related activities," as such term is defined in Section 82015(b)(2)(C) of the Government Code or any successor provision thereto. (Ord. 5858 § 1 (part); May 20, 2003.)
* Editor's Note: Prior ordinance history: Ord. 5704 § 2 (part); October 19, 1999.