Loading...
.010 General Elections. For purposes of any general election for any city office, the term "election cycle," as used in this chapter, shall mean the period commencing on January 1 immediately following any general election for such city office and ending on December 31 of the year in which the next general election for the same city office occurs. Notwithstanding the preceding sentence, following a special election for any city office, the "election cycle" for the next general election for said city office shall commence on the thirty-first (31st) day following said special election, and shall end on December 31 of the year in which the next general election for said city office occurs.
.020 Special Elections. For purposes of any special election for any city office, the term "election cycle," as used in this chapter, shall mean the period commencing on the date a special election is called by the City Council and ending on the thirtieth (30th) day following said special election.
.030 Recall Elections. For purposes of any recall election of any city officer, the term "election cycle," as used in this chapter, shall mean the period commencing on either the date a committee is formed pursuant to the provisions of the Political Reform Act in support of a recall election or the date the City Clerk approves a recall petition for circulation and gathering of signatures, whichever occurs earlier, and ending on the thirtieth (30th) day following the first to occur of any of the following:
.0301 The time provided by law for the gathering of signatures on recall petitions expires without sufficient recall petition signatures having been filed with the City Clerk to require a recall election;
.0302 All committees formed in support of the recall have been terminated pursuant to the provisions of the Political Reform Act;
.0303 The date the recall election is held. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003.)
For purposes of the contribution limitations contained in this chapter, the following provisions shall apply:
.010 All contributions made by a sponsored committee to a city candidate or to an elective city officer (or to a committee controlled by such candidate or officer) shall be combined with those contributions made during the same election cycle by the sponsor(s) of the committee.
.020 Two or more entities shall be treated as one person when any of the following circumstances apply:
.0201 The entities share the majority of members of their boards of directors;
.0202 The entities are owned or controlled by the same majority shareholder or shareholders;
.0203 The entities are in a parent-subsidiary relationship.
.030 An individual and any partnership in which the individual is a general partner, or an individual and any corporation in which the individual owns a controlling interest (fifty percent or more), or an individual and any business entity in which the individual controls the decisions of such entity regarding the making of contributions to candidates for political office, regardless of the percentage of ownership, if any, of the individual in such business, shall be treated as one (1) person.
.040 Any contributions made by a committee in support of or in opposition to a city candidate shall be aggregated with the contributions made by any other committee in support of or in opposition to the same city candidate, if a majority of the officers of such committees are the same individuals. No committee shall act in concert with, or solicit or make contributions on behalf of, any other committee. This subsection shall not apply to treasurers of committees, if such treasurers do not participate in or control in any way a decision on whether the candidate or candidates receive contributions.
.050 Contributions by a married person shall be treated as the separate contributions of such person and shall not be aggregated with any contributions of the spouse of such person.
.060 Contributions by children under eighteen years of age shall be treated as contributions by their parent(s) or legal guardian(s) (one-half to each parent or guardian) unless only one parent or guardian has legal custody of such child, in which event any such contributions shall be attributed solely to the custodial parent. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 5; November 16, 2010.)
.010 A city candidate shall have no more than one controlled committee for each city office, and such controlled committee shall have only one bank account out of which all qualified campaign and officeholder expenses related to that city office shall be made; except that an elective city officer may deposit contributions into, and pay officeholder expenses from, the bank account of a controlled committee established for the immediate past city election at which such officeholder was elected to the extent provided in Section 1.09.055.
.020 This section does not prevent a city candidate or an elective city officer from establishing another controlled committee solely for the purpose of running for a state, federal, county, or other elective city office, or for opposing his or her recall. For purposes of this section, candidacy for the same office at different city elections shall be deemed different city offices.
.030 Notwithstanding the foregoing, this section shall not prohibit the establishment of savings accounts or certificates of deposit or other financial instruments, provided that no campaign or officeholder expenditure may be made from them. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 6; November 16, 2010.)
.010 Inter-Candidate Transfers (Transfers Between Different Candidates).
.0101 No city candidate or elective city officer, and no committee controlled by a city candidate or elective city officer, shall make any contribution to any other city candidate or elective city officer or to any committee controlled by, supporting or opposing any other city candidate or elective city officer.
.0102 No contribution shall be accepted by any city candidate or elective city officer, or the controlled committee of such candidate or officer, from any other committee controlled by another federal, state, local or city candidate or officeholder.
.0103 This section shall not prohibit a city candidate or elective city officer from making a contribution from his or her own personal funds to his or her own candidacy or to the candidacy of any other candidate for elective city office, subject to the limitations set forth in Section 1.09.050.
.020 Intra-Candidate Transfers (Transfers Between Committees of the Same Candidate).
.0201 A city candidate or elective city officer may make a one-time-only transfer of funds from his or her controlled committee for an elective federal, state, local or city office (the “transferor committee”) to his or her controlled committee for a different city office (the “transferee committee”), subject to the contribution limits set forth in this chapter. Contributions originally made to the transferor committee shall be transferred to the transferee committee on a “last in-first out” basis. Each transferred contribution, when combined with all other contributions received by the candidate or officeholder, and his or her controlled committee, from that contributor during the election cycle in which the funds are transferred, shall be subject to the contribution limitations of this chapter. Transferred contributions shall be deemed contributions made to the transferee committee in the election cycle in which such contributions are received by the transferee committee. Contributions received by the transferor committee on or after the date the candidate formed a committee to run for City office, may not be transferred to the transferee committee established to run for that City office.
.0202 The term “election cycle,” as used in this section, shall mean the applicable period described in Section 1.09.060.
.0203 Any transfer of funds must be accompanied by a report disclosing the name, address, occupation and employer, and amount of contribution being transferred, for each person whose contributions or a portion thereof are being transferred (the “transfer report”). Said transfer report shall be prepared by the treasurer of the transferor committee, and a copy thereof shall be submitted to the treasurer of the transferee committee at the time such contributions are transferred. A copy of the transfer report shall be filed with the campaign statement required to be filed by such transferee committee under the provisions of the Political Reform Act, which campaign statement covers the period during which the transferred funds were received by the transferee committee. In lieu of a Transfer Report, Schedule A of Form 460 or any successor form thereto, may be filed. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 7; November 16, 2010.)
.010 A loan shall be considered a contribution from the maker and the guarantor of the loan, and shall be subject to the contribution limitations of this chapter.
.0101 Notwithstanding Sections 1.09.050.040 and 1.09.100, a city candidate shall not personally loan to the candidate's campaign, including the proceeds of a loan obtained by the candidate from a commercial lending institution, an amount, the outstanding balance of which exceeds one hundred thousand dollars ($100,000). A candidate shall not charge interest on any loan the candidate makes to the candidate's campaign."
.020 The proceeds of a loan made to a city candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public shall not be subject to the contribution limitations of this chapter if the loan is made directly to the candidate. The guarantors of such a loan shall remain subject to the contribution limits of this chapter.
.030 Every loan to a City Candidate or Elective City Officer or his or her controlled committee shall be by written agreement which shall be filed with the campaign statement on which the loan is first reported. In the case of a loan from the City Candidate or Elective City Officer to his or her controlled committee for which the candidate is personally liable, the written agreement shall identify the initial source of the loan (i.e., credit cards, a third party, a commercial lending institution).
.040 Extensions of credit (other than loans pursuant to subsection 1.09.100.020) shall be subject to the contribution limitations of this chapter unless the extension of credit meets the conditions set forth in either subdivisions (b)(1) or (b)(2) of Section 18530.7 of Title 2 of the California Code of Regulations, as that section may, from time to time, be amended.
.050 This section shall apply only to loans and extensions of credit used, or intended for use, for campaign purposes, or which are otherwise connected with the holding of public office. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 8; November 16, 2010; Ord. 6567 § 1; February 27, 2024.)
Any funds, property, goods or services, other than government funds, received by elective city officers which are used, or intended by the donor or by the recipient to be used, for expenses (including legal expenses) related to holding public office, shall be considered campaign contributions and shall be subject to the limitations of this chapter. Reimbursement for travel expenses related to holding public office shall be excluded from the provisions of this section. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003.)
.010 No contribution(s) from any person cumulating to one hundred dollars ($100) or more during any election cycle shall be deposited into a campaign bank account of any city candidate or elective city officer, or his or her controlled committee, unless the disclosure information required by the Political Reform Act, including the name, address, and, if an individual, the occupation and employer of the contributor or, if self-employed, the name of the business under which the individual is self-employed, is on file in the records of the recipient of the contribution. Said disclosure information shall be included in the campaign disclosure statement in which the contribution is reported.
.020 In the event the required disclosure information is not obtained by the end of the current campaign disclosure statement filing period, the contribution shall be returned to the contributor. If the whereabouts of the contributor cannot be ascertained, the contribution shall be deposited in the City General Fund or transferred to a charity that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 9; November 16, 2010.)
The cumulative amount of contributions which exceed one hundred dollars ($100) during an election cycle shall be reported for each contributor who made contributions during the current reporting period. Such cumulative amounts shall be reported on Schedule A of Form 460, or any successor form thereto, as prepared by the Fair Political Practices Commission, if the candidate or controlled committee is required to use such form, or shall be reported on a separate schedule appended to the required campaign statement. The term "election cycle," as used in this section, shall mean the applicable period described in Section 1.09.060 of this chapter. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003.)
Upon written notification by the City Clerk that an amendment of a previously filed campaign statement is required, said amendment shall be filed with the City Clerk no later than thirty (30) calendar days following the date of the notification.
.010 Except as set forth in Subsection .020 below, upon written notification by the City Clerk that an amendment of a previously filed campaign statement is required, said amendment shall be filed with the City Clerk no later than thirty (30) calendar days following the date of the notification.
.020 With respect to campaign statements which are required to be filed at least thirty (30) days prior to an election, any amendments to such statements shall be filed with the City Clerk no later than five (5) calendar days following the date of notification by the City Clerk.
(Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 10; November 16, 2010.)
Loading...