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.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.)
.010 That portion of contributions accepted in excess of the limitations imposed by this chapter shall be returned to the donor within fourteen (14) days of their discovery. A written notification showing the donor’s name, the amount returned, and the date of the return shall be provided to the City Clerk within seventy-two (72) hours after such return.
.020 Monetary and/or non-monetary contributions made by a city candidate or elective city officer to his or her controlled committee may not be returned to that city candidate or elective city officer, with the exception of officeholder expenses that may be reimbursed to the elective city officer pursuant to Section 89511.5 of the Political Reform Act of 1974. (Ord. 5858 § 1 (part); May 20, 2003; Ord. 6197 § 11; November 16, 2010.)
The City Clerk shall mail each city candidate with a copy of the Anaheim Campaign Reform Law, as Amended, at such time as the City Clerk receives the Candidate Intention Statement declaring the city candidate’s intention to seek a city office. (Ord. 6197 § 13; November 16, 2010.)
.010 No Criminal Penalties. Notwithstanding any other provision of the Anaheim Municipal Code, including without limitation the provisions of Section 1.01.370 of said Code, any violation of any provision of this chapter shall be enforceable solely as provided in this section.
.020 Civil Liability. Any person who violates or otherwise fails to comply with any provision or requirement of this chapter shall be liable to the City of Anaheim in a sum not to exceed the following amount for each such violation:
.0201 For the making or accepting of any contribution in excess of the applicable contribution limits specified in this chapter and which have not been returned pursuant to Section 1.09.122, a sum equal to three (3) times the amount by which the contribution exceeds the applicable contribution limit, or the sum of twenty-five hundred dollars ($2,500), whichever is greater, for each violation.
.0202 For any other violation of this chapter, the sum of five hundred dollars ($500) for each violation; provided, however, that the maximum fine for each violation of any provision of Section 1.09.121 of this chapter shall be the sum of one hundred dollars ($100) per day up to a total of five hundred dollars ($500).
.030 Debt Owing to City. Any amount due from any person pursuant to subsection .020 above shall be a debt due and owing upon demand to the General Fund of the City of Anaheim.
.040 Civil Action to Collect Debt and Obtain Other Relief. The City Attorney of the City of Anaheim may file and prosecute a civil action, in municipal or superior court, to recover any amount(s) due and owing to the City of Anaheim by any person pursuant to this section, or to enjoin any violation or otherwise compel compliance with the requirements of this chapter. In the event of any civil action within the jurisdiction amount of the small claims court, the City Council may designate the person to bring such action.
.050 Limitation of Actions. No civil action shall be brought under the provisions of this section unless said action is filed within two (2) years following the date of such violation.
.060 Reliance Upon Advice. The City Attorney shall have the authority to make interpretations of the provisions of this chapter. Good faith reliance upon the written advice provided to any person by the City Attorney concerning any provision of this chapter shall be a complete defense to any civil action which otherwise could be maintained under this chapter.
.070 Remedial Measures. If the City Attorney determines or believes that any person (the “target party”) has violated any provision of this chapter, the City Attorney may, at his or her sole discretion, advise the target party of remedial measures which may be taken by the target party to avoid possible civil action (the “remedial measures”). Such remedial measures may, but need not necessarily, include the payment of a civil fine to the City. Nothing contained herein shall be deemed to require the City Attorney to offer remedial measures to any target party. In the event the target party is offered and timely performs such remedial measures to the satisfaction of the City Attorney, the City Attorney shall advise the target party (and any person who, in writing, informed or complained to the City Attorney concerning any such violation), in writing, that the alleged violation has been resolved and the manner in which it was resolved (the “letter of resolution”) and, in such event, no civil action shall thereafter be filed or maintained relating to such alleged violation of this chapter.
.080 City Attorney Designee. The term “City Attorney,” as used in this chapter, shall include any person designated by the City Attorney or the City Council to act on his or her behalf due to a conflict of interest or for any other reason. (Ord. 5704 § 2 (part); October 19, 1999; Ord. 5858 § 1 (part); May 20, 2003: Ord. 6197 § 14; November 16, 2010.)
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