A. In addition to contributions received in connection with an election to an elective city office, an elected city officer or a candidate for elective city office may receive contributions for a separate legal expense fund, for deposit into a separate account, to be used solely to defray attorney's fees and other legal costs incurred in the candidate's or officer's legal defense to any civil, criminal, or administrative action or actions arising directly out of the conduct of the campaign or election process, or the performance of the officer's governmental activities and duties.
B. Any elected city officer or candidate for elective city office wishing to establish a legal expense fund pursuant to this section shall file a statement of organization for the legal expense fund pursuant to Government Code Section 84101, as amended, with the secretary of state and a copy with the city clerk. The legal expense fund shall be named "The (name of candidate or officeholder) Legal Expense Fund." The statement of organization shall identify the specific civil, criminal or administration proceeding or proceedings for which the legal expense fund is established and shall conform to the requirements of Government Code Sections 84102-84104, as amended.
C. The legal expense fund shall establish a single account at an office of a financial institution located in the city of Sacramento, and all contributions to the officer or candidate for his or her legal expenses shall be deposited into that account.
D. Only contributions that are specifically designated by the donor as being made to the legal expense fund may be deposited into the legal expense fund account. All such contributions must be made payable to the legal expense fund, and no contribution that is not specifically made payable to the legal expense fund may be deposited into the legal expense fund account. However, nonmonetary contributions may be received and used for purposes directly related to the legal expenses for which the fund is established if the donor specifically designates in writing that the contributions have been made for such purposes.
E. No person (other than the officer or candidate) shall make, and no legal expense fund committee for an elective city officer or candidate for elective city office shall solicit or accept, contributions from any person to a legal defense fund totaling more than $1,350.
F. Expenditures from the legal expense fund account shall be made only for legal costs directly related to the civil, criminal, or administrative proceeding or proceedings for which the legal expense fund was established. In no event, however, shall any expenditures from the legal expense fund account be used to pay or reimburse any fines, penalties, judgments or settlements in connection with any criminal prosecution or any civil or administrative action in which the officer or candidate is found to have committed, or admits to, an intentional or negligent violation of the law.
G. No funds may be transferred from the legal expense fund to any other committee. Surplus funds remaining in the legal expense fund account after the proceeding or proceedings in connection with which the account was established have concluded, and after all debts are paid, may not be used for any other purpose. Such surplus funds shall be returned to donors on a pro rata basis or given to the city's general fund within six months after final conclusion of the proceeding or proceedings and the payment of all debts incurred.
H. The legal expense fund shall file campaign disclosure statements containing the same information and at the same times that the candidate or elective city officer files his or her statements in accordance with Government Code Sections 84100, et seq., as amended.
I. Except as provided in this section, a donation to a legal expense fund established pursuant to this section shall not be subject to contributions limitations.
J. This section shall constitute the sole authority for soliciting or accepting donations for legal costs for the defense of an action relating to the election process or an officer's conduct in office. (Ord. 2023-0006 § 4; Ord. 2021-0007 § 5; Ord. 2019-0004 § 5; Ord. 2017-0027 § 5; Ord. 2015-0009 § 5; Ord. 2013-0005 § 7; Ord. 2009-020 § 4; Ord. 2007-015 § 6; Ord. 2005-072 § 6; Ord. 2000-048 § 1)