Chapter 2.28
CAMPAIGN CONTRIBUTIONS
Sections:
2.28.010 Findings and purpose.
2.28.030 Limitations on contributions.
2.28.040 Declaration re: compliance.
2.28.010 Findings and purpose.
Pursuant to the authority granted to the City Council in Government Code Section 81013 permitting the imposition of additional local requirements to the Political Reform Act of 1974, the City Council finds that it is in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections. (Ord. 16-09 § 1 (part): Ord. 3-98 § 1: Ord. 11-97 § 1 (part))
2.28.020 Definitions.
For the purpose of this chapter, definitions codified in the Political Reform Act, beginning at Government Code Section 82000 et seq., shall apply with the addition of the following:
“Election” means any municipal election, whether general or special, at which the offices of Councilmember and/or Mayor are to be filled.
“With respect to a single election” means:
1. In the case of a contribution designated in writing by the contributor for a particular election, the election so designated; provided, that a contribution designated in writing for a particular election may be made after the election and prior to June 30th following the election only to the extent such contribution does not exceed net debts outstanding from the election.
2. In the case of a contribution not designated in writing by the contributor for a particular election, the next election for the office after the contribution is made. (Ord. 16-09 § 1 (part): Ord. 3-98 § 2: Ord. 11-97 § 1 (part))
2.28.030 Limitations on contributions.
A. No person shall make any contribution or contributions to a candidate or committee which exceed the cumulative amount of five hundred dollars ($500), nor shall any such contribution or contributions which exceed the cumulative amount of five hundred dollars ($500) be accepted by any candidate or committee from any person with respect to a single election.
B. The prohibitions stated in subsection A of this section shall not apply to contributions made or received in support of, or in opposition to, a ballot measure, nor shall said prohibitions apply to contributions made by a candidate to his or her campaign.
C. A candidate may transfer campaign funds from one committee controlled by the candidate to a campaign committee for elective city office controlled by the same candidate. Contributions transferred shall be attributed to specific contributors using a “last in, first out” or “first in, first out” accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in subsection A of this section. A committee transferring funds must designate in its records at the time of its first transfer whether it elects the “last in, first out” or a “first in, first out” method of accounting for the current and future transfers. This designation is irrevocable. Candidates and committees shall comply with the accounting, recordkeeping and disclosure requirements set forth in Section 18536 of Title 2 of the California Code of Regulations, except that references therein to state contribution limits shall be deemed to refer to the requirements of this chapter. The prohibitions stated in this subsection shall not apply to contributions made by a candidate to his or her campaign. (Ord. 18-14 § 1: Ord. 16-14 § 1: Ord. 16-09 § 1 (part): Ord. 3-98 § 3; Ord. 11-97 § 1 (part))
2.28.040 Declaration re: compliance.
A. To ensure full compliance with this chapter, each candidate shall execute a declaration under penalty of perjury on a form provided by the City Clerk stating that such candidate did not receive any contribution or contributions totaling more than five hundred dollars ($500) from any person with respect to an election.
B. The declaration required by subsection A of this section shall be filed with the City Clerk with each pre-election statement filed pursuant to state law and with the semi-annual statements required to be filed pursuant to state law. (Ord. 16-09 § 1 (part): Ord. 3-98 § 4; Ord. 11-97 § 1 (part))
2.28.060 Violation—Penalty.
A. Violation of any provision of this chapter is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
B. Whether or not a violation is inadvertent, negligent, or deliberate, in the presence or absence of good faith, shall be considered in applying the penalties of this chapter. (Ord. 16-09 § 1 (part): Ord. 11-97 § 1 (part))