Loading...
(a) If a committee fails to timely file a complete report as prescribed by this code, the city clerk shall send a written notice by e-mail to the committee within five (5) days after the filing deadline that identifies the late report, describes how fines accrue and identifies methods of payment.
(b) A committee that fails to timely file a report shall pay the city clerk a penalty of ten dollars ($10) for each day that the filing is late during the first fifteen (15) days after the filing deadline and twenty-five dollars ($25) for each subsequent day that the filing is late. Penalties accrue until the late report is filed. The city clerk shall not accept the late report until all penalties accrued pursuant to this section have been paid.
(c) If a committee fails to file a complete report within thirty (30) days after the filing deadline and being provided notice pursuant to subsection (a) of this section, the city clerk may notify the city attorney who may proceed pursuant to section 12-96 of this code.
(d) For any political action committee or political party that fails to file three (3) consecutive complete reports, the city clerk shall send by e-mail to the committee a notice of temporary suspension and the following apply:
(1) On receipt, the committee's authority to operate in the city is temporarily suspended.
(2) The notice shall state that failure to comply with all filing and payment requirements within thirty (30) days after the date of the notice shall result in permanent suspension of the committee's authority to operate in the city.
(e) After compliance with subsection (d) of this section, the city clerk may permanently suspend the committee and shall notify the committee by e-mail and is not required to provide any further notice. Permanent or temporary suspension does not eliminate a committee's continuing obligation to file reports and pay any outstanding and accruing penalties provided by law.
(Ord. No. 11525, § 2, 2-21-18)
(a) Notwithstanding the provisions of A.R.S. § 16-1021, on receipt of a complaint from a third party, the city clerk is the sole public officer who is authorized to initiate an investigation into alleged violations of this chapter, including the alleged failure to register as a committee. The city clerk shall limit an investigation to violations that are within the city clerk's jurisdiction.
(b) The secretary of state will establish guidelines in the instructions and procedures manual adopted pursuant to A.R.S. § 16-452 that outline the procedures, timelines and other processes that apply to investigations by all filing officers in this state. Until the secretary of state establishes such guidelines the city clerk shall promulgate necessary interim guidelines.
(c) If after providing the subject of an investigation a reasonable opportunity to respond, the city clerk has reasonable cause to believe a person violated this chapter, the city clerk shall refer the matter to the city attorney.
(d) Before a reasonable cause determination is made as prescribed in subsection (c) of this section, the city clerk, the city attorney and any other public officer or employee may not order a person to register as a committee and does not have audit or subpoena powers to compel the production of evidence or the attendance of witnesses concerning a potential campaign finance violation. The city clerk may request the voluntary production of evidence or attendance of witnesses in making a reasonable cause determination. Public funding candidates must also comply with the requirements of the campaign finance administration rules and regulations.
(e) Only after receiving a referral from the city clerk, the city attorney may:
(1) Conduct an investigation using the city attorney's subpoena powers, except that the city attorney shall not compel a person to file campaign finance reports unless the city attorney has determined that the person is a committee.
(2) Serve the alleged violator with a notice of violation. The notice shall state with reasonable particularity the nature of the violation, shall specify the fine or penalty imposed and shall require compliance within twenty (20) days after the date of issuance of the notice. The city attorney shall impose a presumptive civil penalty equal to the value of amount of money that has been received, spent or promised in violation of this chapter, except that after a finding of special circumstances, the city attorney may impose a penalty of up to three (3) times the amount of the presumptive civil penalty, based on the severity, extent or willful nature of the alleged violation. If the notice of violation requires a person to file campaign finance reports, the reports are not required to be filed until the city attorney's notice of violation has been upheld after any timely appeal.
(3) Keep any nonpublic information gathered by the city attorney in the course of the committee status investigation confidential until the final disposition of any appeal of the enforcement order.
(f) The city attorney has the sole and exclusive authority to initiate any applicable administrative or judicial proceedings to enforce an alleged violation of this article and of this chapter that have been referred by the city clerk.
(g) If the alleged violator:
(1) Takes corrective action within twenty (20) days after the date of the issuance of the notice of violation by the city attorney, the alleged violator is not subject to any penalty.
(2) Does not take corrective action within twenty (20) days after the date of issuance of the notice of violation by the city attorney, the city attorney shall impose the penalty set forth in the notice and shall provide formal notice that the imposition of the penalty is an appealable agency action pursuant to A.R.S. §§ 41-1092.03 and 41-1092.04.
(3) If due to the nature of the violation, no corrective action is possible, the city attorney shall issue an order of compliance and may impose a penalty of up to three (3) times the amount of the presumptive civil penalty, based on the severity, extent or willful nature of the alleged violation.
(h) Within thirty (30) days after receiving from the city attorney the notice of violation or an order of compliance with penalty under subsection (g)(3) of this section, the alleged violator may request a hearing pursuant to A.R.S. Title 41, Chapter 6, Article 10.
(i) After the conclusion of the administrative appeal process prescribed in A.R.S. Title 41, Chapter 6, Article 10, the alleged violator may appeal to the superior court pursuant to A.R.S. Title 12, Chapter 7, Article 6 for judicial review of the final administrative decision.
(Ord. No. 11525, § 2, 2-21-18)
(a) A committee that intends to terminate shall dispose of surplus monies as follows:
(1) Donate surplus monies to the City of Tucson election campaign account established pursuant to section 12-99 of this code.
(2) Donate surplus monies to a nonprofit organization that has tax exempt status under section 501(c)(3) of the internal revenue code.
(3) Return surplus monies to the contributor.
(4) In the case of a candidate committee, contribute surplus monies to a candidate committee for another candidate under the following conditions:
a. The candidate committee makes the contribution after the time period for filing a nomination paper pursuant to section 12-69(b) of this code.
b. The candidate associated with the candidate committee that makes the contribution did not file a nomination paper to run for election in the current election cycle.
(5) For public funding candidates, if following the election wherein the candidate is elected or defeated, the candidate has unexpended campaign contributions, any surplus shall be returned to the election campaign account until the full amount of public matching funds disbursed has been returned. Any remaining unexpended campaign contributions shall be returned to the election campaign account, contributors, or to a non-profit charitable organization. All unexpended campaign contributions must be disbursed no later than the first Monday in December following the election.
(b) Surplus monies shall not be used for or converted to personal use.
(c) This section does not preclude the repayment of a loan to a committee.
(d) Contributions of surplus monies shall be made pursuant to section 12-86 of this code.
(Ord. No. 11525, § 2, 2-21-18)
(a) A committee may terminate only when the committee treasurer files a termination statement with the city clerk.
(b) In the termination statement, the committee treasurer shall certify under penalty of perjury that all of the following apply:
(1) The committee will no longer receive any contributions or make any disbursements.
(2) The committee either:
a. Has no outstanding debts or obligations.
b. Has outstanding debts or obligations, or both, that are all more than five (5) years old, and that the committee's creditors have agreed to discharge the debts and obligations and have agreed to the termination of the committee.
(3) Any surplus monies have been disposed of and that the committee has no cash on hand.
(4) All contributions and expenditures have been reported, including any disposal of surplus monies.
(c) The city clerk may reject the termination statement if it appears that the requirements in subsection (b) of this section have not been satisfied.
(d) After a termination statement is filed, a committee:
(1) Is not required to file any subsequent campaign finance reports.
(2) Shall have no further receipts or disbursements without filing a new statement of organization.
(e) A standing committee may terminate its activities in the City and remain active in other reporting jurisdictions, by filing a statement of that intent with the city clerk.
(Ord. No. 11525, § 2, 2-21-18)
Pursuant to Tucson Charter Chapter XVI subchapter (b) section 6, the mayor and council shall establish an election campaign account in the general fund into which shall be deposited such sums as may be appropriated from time to time in the annual budget, gifts and donations made to the city for the support of public election campaign financing, and such sums as may otherwise be appropriated to said account. Money in said account shall be restricted, and expended for the purpose of assisting the financing of the public matching funds program.
(Ord. No. 11525, § 2, 2-21-18)
Secs. 12-100 – 12-109. Reserved.
ARTICLE VIII.
INITIATIVE
INITIATIVE
Any proposed ordinance or amendment to the Charter of the City of Tucson may be submitted to the mayor and council by a petition signed by fifteen (15) percent of the qualified electors of the city, computed on the vote for the candidates for mayor at the last preceding general municipal election at which a mayor was elected.
(Ord. No. 11525, § 2, 2-21-18)
(a) A person or persons intending to circulate an initiative petition shall, before causing the petition to be printed and circulated, file with the city clerk an application on a form to be provided by the city clerk, stating an intent to circulate and file a petition. The application shall set forth the names, addresses and signatures of three (3) individuals ("petitioners") who are responsible for the petition and who are to be notified of all proceedings and actions taken in reference to the petition.
(b) The application shall be accompanied by the complete title and text of the proposed measure to be initiated.
(c) On receipt of the application, the city clerk shall assign an official serial number to the petition, which number shall appear in the lower right-hand corner of each side of each page thereof, and issue that number to the applicant. The serial numbers shall be assigned in numerical sequence. The city clerk shall maintain a record of each application received, the numbers assigned, and the applicant and petitioners to whom issued.
(d) The statement of organization required in section 12-84 of this code, and listing the chairperson and treasurer of the committee, shall be filed with the city clerk at the time of application and before circulating petitions. Signatures obtained before the filing of a completed statement of organization with the city clerk are void and shall not be counted in determining the legal sufficiency of any initiative petition(s).
(e) The city clerk shall make available to each applicant by electronic means a copy of the text of this chapter governing the initiative and referendum, a copy of A.R.S. Title 19 and all rules adopted by the secretary of state pursuant to that title.
(f) The provisions of article VII of this chapter, "Campaign Finance; Candidates, Political Action Committees, and Public Funding Program," shall apply to initiative petitions.
(Ord. No. 11525, § 2, 2-21-18)
Loading...