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(a) Claim Form. A participating candidate must file a matching funds claim form with the Ethics Commission to receive matching funds. The form must include all of the following:
(1) The participating candidate’s name and an address and telephone number at which the participating candidate may be reached during regular business hours;
(2) The elected City office the participating candidate is seeking;
(3) The election for which the form is filed;
(4) The name and identification number of the participating candidate’s controlled committee;
(5) The date the candidate participated in a debate with one or more opponents or conducted a town hall meeting, along with a copy of the invitation to or announcement of the event;
(6) The date the claim is submitted;
(7) The total amount of matching funds claimed through the form;
(8) A list of all qualified contributions for which the participating candidate claims matching funds;
(A) The list must be alphabetical by the last names of the contributors;
(B) The following information must be provided for each qualified contribution:
(i) The contributor’s name, residence address, occupation, and employer (or, if the contributor is self- employed, the name of the contributor’s business);
(ii) The contributor’s certification required by Municipal Code Section 49.7.16(B);
(iii) The date the contribution was received;
(iv) The amount of the contribution;
(v) The cumulative amount of contributions received from that contributor for the same election;
(vi) The portion of the contribution for which matching funds are claimed; and
(vii) The cumulative amount of matching funds already received for the same election based on contributions from that contributor.
(9) A true and correct copy of documentation that supports each listed contribution. Supporting documentation includes copies of checks, credit card transaction receipts, and cash receipts; and
(10) A certification signed under penalty of perjury by both the participating candidate and the treasurer that all contributions have been deposited into the controlled committee’s campaign checking account and that, to the best of their knowledge and belief, the form and all supporting documents are true and complete and all contributions are from City residents.
(b) Claim Amendments.
(1) Matching funds claims and their supporting documentation may be amended.
(2) In addition to all of the information required for the original claim, amendments must state why the amendment is necessary and must itemize the data that is being amended.
(3) Ethics Commission staff will review each amendment, to determine whether an adjustment to the participating candidate’s matching funds payment is necessary.
(A) If an amendment results in a supplementary matching funds payment, it will be processed in the same manner as a payment for an original claim; and
(B) If an amendment reveals that the participating candidate received excess matching funds, the participating candidate must return the amount of the excess to the Ethics Commission within 10 business days of receiving notice of the overpayment.
(c) Payment and Claim Windows.
(1) Matching funds payments will not be made until the City Clerk certifies that the participating candidate’s name will appear on the election ballot. Within five business days of the later of certification for the general election or qualification to receive matching funds, each participating candidate who has qualified to receive matching funds will receive one- fifth of the amount specified in Municipal Code Section 49.7.29(B), without being subject to the matching formula specified in Municipal Code Section 49.7.27.
(2) Matching funds claims must identify at least $10,000 in matchable portions of qualified contributions, as determined by the formula in Los Angeles Municipal Code Section 49.7.27, except in the following circumstances:
(A) From 14 days before an election until three months after an election, claims must identify at least $1,000 in matchable portions of qualified contributions; or
(B) Claims may identify any amount in matchable portions of qualified contributions if the payment requested would result in the participating candidate receiving the maximum matching funds for that election.
(3) Matching funds claims will not be accepted more than three months after the election for which the qualified contribution was made.
(d) Reviewing Claims.
(1) Ethics Commission staff must review matching funds claim forms to determine the amount of qualified contributions and the amount of matching funds that may be paid.
(A) Matching funds may not be paid for any portion of a qualified contribution that is returned to or not paid by the contributor;
(B) Based on the staff review, the Executive Officer or the Executive Officer’s designee must determine the amount of matching funds payable to a participating candidate. The staff need not review more qualified contributions than are necessary to match the amount claimed under Subsection (a)(6);
(C) The determination must be made within four business days after the later of receiving all information necessary to process the claim or determining that the participating candidate has met all qualification requirements; and
(D) Ethics Commission staff must notify the participating candidate in writing of the determination.
(2) If Ethics Commission staff determines that any portion of a matching funds claim is not payable, the candidate may submit a written request for review to the Executive Officer within ten business days of the date on the notice of the determination. The request must specify the reasons the participating candidate believes that a different amount should be paid. The Executive Officer or the Executive Officer’s designee will conduct a review and issue a determination within five business days of receiving the request and may extend that response time for good cause.
(e) Processing Claims. Matching funds payments will be processed as follows.
(1) Ethics Commission staff will issue a matching funds payment authorization letter with supporting documents to the Controller’s office, certifying the amount of matching funds payable to the participating candidate.
(2) Payments will be drawn from the Fund and made payable to the participating candidate.
(3) For all authorizations that it receives by 2:00 p.m., the Controller’s office will issue payment no later than noon on the second business day after receipt.
(4) The Controller’s office will issue payments only to the Ethics Commission staff for distribution.
(f) Distribution of Payments.
(1) Matching funds payments will be available for distribution within six business days after the later of the date the Ethics Commission receives all information necessary to process a claim or the date the Ethics Commission determines that the participating candidate has met all qualification requirements.
(2) Matching funds payments will be distributed at the Ethics Commission office after 2:00 p.m. on the day the payments are issued by the Controller’s office.
(3) Matching funds payments will be released only to a participating candidate, the treasurer, or an authorized agent. The recipient must display proper identification.
(4) The recipient must sign a matching funds payment receipt to receive the payment. The receipt must contain the following information:
(A) The name of the participating candidate;
(B) The name of the recipient;
(C) The elected City office the participating candidate is seeking;
(D) The date the Ethics Commission received the matching funds payment from the Controller;
(E) The amount of the certified matching funds payment;
(F) The date the individual received the payment; and
(G) A summary of all matching funds payments issued to the participating candidate to date.
(g) Payment Is Not Final Determination. A matching funds payment does not constitute the Ethics Commission’s final determination of the amount for which a participating candidate may qualify.
SECTION HISTORY
Added by Ord. No. 182,265, Eff. 10-29-12.
Amended by: Ord. No. 183,237, Eff. 10-30-14; Subsec. (a)(5) added, former Subsecs. (a)(5) through (a)(9) renumbered as (a)(6) through (a)(10), and Subsec. (a)(8)(B)(ii) amended, Ord. No. 185,799, Eff. 12-2-18; Subsec. (c)(2), Ord. No. 188,084, Eff. 2-5-24.
(1) If a review or audit reveals that additional matching funds may be paid to a candidate, Ethics Commission staff will notify the candidate.
(2) If a review or audit reveals that a candidate received excess matching funds, the candidate must return the amount of the excess to the Ethics Commission within ten business days of receiving notice of the overpayment. If the funds are not returned within ten business days, subsequent payments will be reduced by the amount of the overpayment.
(b) Statements and forms required or filed for the program are subject to desk and field audits under Charter Section 702(d).
SECTION HISTORY
Added by Ord. No. 182,265, Eff. 10-29-12.
Amended by: Subsec. (a), Ord. No. 183,237, Eff. 10-30-14.
(a) Candidates may be required to return matching funds if they are disqualified from or violate the terms of the program or for other reasons specified in the Municipal Code or this Chapter.
(b) Matching funds must be returned within the following time periods:
(1) Surplus matching funds must be returned within 90 calendar days after the election or, if the candidate withdraws from the election, within ten calendar days after the withdrawal.
(2) If Ethics Commission staff notifies a candidate in writing that matching funds must be returned, the matching funds must be returned with 15 calendar days of the date on the written notice.
(c) Matching funds must be returned through a cashier’s check payable to the Ethics Commission for deposit into the Fund.
(d) Candidates who do not return matching funds as required are subject to legal action for collection of the funds.
SECTION HISTORY
Added by Ord. No. 182,265, Eff. 10-29-12.
Amended by: Ord. No. 183,237, Eff. 10-30-14.
(a) Candidates must use best efforts to obtain, maintain, and submit to the Ethics Commission all required information.
(1) Candidates must keep complete records of all efforts to obtain, maintain, and submit required information.
(2) For receipts, bills, and bank records, best efforts require at least one written effort per transaction to obtain the documentation.
(b) Candidates must retain all records and documents required to be kept under this chapter, Municipal Code Sections 49.7.1 et seq., and California Government Code Section 91011 for at least four years after the date of the last election to which the records or documents relate.
(c) Candidates must notify the Ethics Commission in writing of any person other than the treasurer who is a custodian for the candidate’s records. The notice must include the location of those records and documents and must be amended whenever a change of address occurs.
SECTION HISTORY
Added by Ord. No. 182,265, Eff. 10-29-12.
Amended by: Ord. No. 183,237, Eff. 10-30-14.
(a) Matching funds may be spent only for purposes reasonably related to influencing or attempting to influence the actions of the voters for or against the election of a City candidate in the race for which the matching funds were distributed. Using matching funds in other ways is a misappropriation of the funds and violates this Chapter.
(c) In addition to any penalty, a candidate who violates a term or requirement of the program may be required to return all matching funds that the candidate received for the election during which the violation occurred.
SECTION HISTORY
Added by Ord. No. 182,265, Eff. 10-29-12.
Amended by: Ord. No. 183,237, Eff. 10-30-14; Subsec. (b), Ord. No. 188,084, Eff. 2-5-24.