Chapter 3.12
LIMITS ON CAMPAIGN CONTRIBUTIONS

Sections:

3.12.010    Definitions.

3.12.020    Application.

3.12.030    Contribution limits.

3.12.040    Adjustment of dollar amounts in chapter—Adherence to Public Disclosure Commission established limits and schedule.

3.12.050    Complaint process.

3.12.060    Appeal from the imposition of a penalty.

3.12.070    Hearing examiner dismissal.

3.12.080    Penalties.

3.12.010 Definitions.

For purposes of this chapter, the definitions found in RCW 42.17.020 as currently enacted or as hereafter amended or recodified are hereby adopted by reference. In adopting these definitions by reference, the city also adopts the interpretation of these definitions published in Chapter 390-05 WAC or otherwise issued by the Washington State Public Disclosure Commission through declaratory orders, policy statements, and commission interpretations, except that:

(a)    “Election cycle” means the combination of the general or special election and the primary election for the office in question and begins on the date an individual becomes a candidate for such office as defined in subsection (e) of this section and ends on the date that candidate files his or her final report pursuant to RCW 42.17.080(2).

(b)    To “accept” or “receive” a contribution means the receipt of a contribution, deposit of funds with other campaign funds, and report of the contribution on required Public Disclosure Commission report(s). These terms do not apply to a situation in which a candidate receives a contribution and returns the contribution to the contributor within five business days of the date on which it is received by the candidate or political committee. This definition does not in any way affect the determination of the date a contribution is received, which is defined by Public Disclosure Commission policies.

(c)    “Person” includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.

(d)    “Public Disclosure Commission” means the Washington State Public Disclosure Commission, established under RCW 42.17.350, or its successor.

(e)    “Candidate” means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first: (1) receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office; (2) announces publicly or files for office; (3) purchases commercial advertising space or broadcast time to promote his or her candidacy; or (4) gives his or her consent to another person to take on behalf of the individual any of the actions in subsection (e)(1), (2) or (3) of this section. This is the definition of “candidate” in RCW 42.17.020 at the time of enactment of the ordinance codified in this chapter. The city also adopts amended or recodified definitions of “candidate” along with interpretations of this definition published in Chapter 390-05 WAC or otherwise issued by the Public Disclosure Commission through declaratory orders, policy statements, and commission interpretations. (Ord. 4190 § 2 (part), 2009)

3.12.020 Application.

These limits shall apply to candidates in any primary, general or special election for the Kirkland city council. (Ord. 4190 § 2 (part), 2009)

3.12.030 Contribution limits.

(a)    No candidate for city council shall accept or receive during the election cycle campaign contributions totaling more than the contribution limit established by the Public Disclosure Commission for county office candidates in King County in the aggregate from any person.

(b)    The per-election contribution limit established by the Public Disclosure Commission for county office candidates in King County shall be the election-cycle contribution limit on candidates for the Kirkland city council.

(c)    The limitations in this section shall not apply to:

(1)    A candidate’s contributions of his/her own resources to his/her own campaign;

(2)    The value of volunteer services;

(3)    Any publicly donated funds under provisions authorizing public funding of local campaigns; and

(4)    Surplus funds, as defined in RCW 42.17.020(48), from a candidate’s prior campaign and contributions received by a candidate in connection with a campaign for another office may be used by that candidate for the candidate’s current campaign only to the extent that such funds are derived from contributions that were within the dollar limitations imposed by this chapter. If such funds are from a campaign not governed by this chapter, a candidate may use only so much of each contribution previously received as would have been allowable as a contribution under this chapter if it had applied to that campaign. The source of a candidate’s surplus funds shall be determined to be derived from the most recent contributions received by such candidate or that candidate’s political committee which in total equal the amount of the surplus funds.

(d)    The limitations imposed by this section shall apply to all other contributions. (Ord. 4190 § 2 (part), 2009)

3.12.040 Adjustment of dollar amounts in chapter—Adherence to Public Disclosure Commission established limits and schedule.

The amount of the contribution limit is adjusted to reflect periodic adjustments made by the Public Disclosure Commission for county office candidates in King County. The timing of the limitation changes shall take place as published by the Public Disclosure Commission and shall, from that time forward, form a new limit on contributions. (Ord. 4190 § 2 (part), 2009)

3.12.050 Complaint process.

(a)    Any person who has knowledge of a violation of this chapter committed by any candidate or committee may file a complaint, in writing, under oath of the same with the city clerk. “Under oath” means that the complaint includes a statement substantially as follows: “I declare under penalty of perjury of the laws of the State of Washington that the information in this complaint is true and correct,” or that the complaint is subscribed and sworn to before a notary public or other official authorized to administer oaths. The complaint must set forth specific facts detailing the alleged violation, including: the amounts of the contributions accepted or received; the name of the candidate or committee receiving the contribution(s); and the name(s) and address(es) of the contributor(s), if known or reported; and the names and telephone numbers of persons having knowledge of the alleged violation. The complaint must include the name, address, and telephone number of the person submitting the complaint.

(b)    The city clerk shall refer the complaint to the hearing examiner. The city clerk shall also send a copy of the complaint to the candidate or committee named in the complaint as the alleged violator. Within five calendar days of receiving the complaint, the hearing examiner shall make a determination that the complaint appears to have merit or is frivolous and without merit and communicate his or her decision in writing to the person who made the complaint, to the candidate or committee named in the complaint as the alleged violator, and to the city clerk.

(1)    The hearing examiner shall dismiss the complaint if the hearing examiner determines that all of the alleged facts, if true, do not constitute a violation; or

(2)    The hearing examiner determines that there are no reasonable grounds to believe that a violation has occurred; or

(3)    The hearing examiner determines that the violation was inadvertent and minor and has been largely corrected to the satisfaction of the hearing examiner.

(c)    If the hearing examiner determines the complaint appears to have merit and the complaint relates to conduct during the pending election and is received at least 30 days before the final election for the office, the hearing examiner shall provide expedited review and a public hearing on the complaint shall be set not less than fifteen days of the determination, absent a showing of good cause for a different date or a stipulation of the parties.

(1)    In other instances, the public hearing shall be set within thirty days of the determination.

(d)    At least fifteen days prior to the date set for hearing, the hearing examiner will notify, in writing, the person who made the complaint and candidate and/or committee complained against of the public hearing which will be held to determine if a violation has occurred. The candidate and/or committee complained against shall have the right to file a written answer to the complaint and to appear at the hearing with or without legal counsel, submit testimony, be fully heard and to examine and cross-examine witnesses.

(e)    Hearings conducted by the hearing examiner shall be informal, meaning that the hearing examiner shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The hearing examiner may call witnesses on his or her own motion and compel the production of books, records, papers, or other evidence needed by the parties. To that end, the hearing examiner shall issue subpoenas and subpoenas duces tecum on his or her own. All testimony shall be under oath administered by the hearing examiner. The hearing examiner may adjourn the hearing from time to time in order to allow for the orderly presentation of evidence. The hearing examiner shall prepare an official record of the hearing including all testimony, which shall be recorded by mechanical or electronic device, and exhibits; provided, that the hearing examiner shall not be required to transcribe such records unless presented with a request accompanied by payment of the cost of transcription.

(f)    Not more than ten calendar days after the conclusion of the hearing, the hearing examiner shall, based upon a preponderance of the evidence, make and fully record in his or her permanent records findings of fact, conclusions of law, determination of a recommended disposition, and order shall be forwarded by certified mail, or personal service, to the person who made the initial report, the candidate and/or committee complained against at the addresses as given by these persons to the hearing examiner, and the city clerk. (Ord. 4190 § 2 (part), 2009)

3.12.060 Appeal from the imposition of a penalty.

Any candidate and/or committee found, by final written order of the hearing examiner, to be in violation of this chapter may seek review of the hearing examiner’s order and any other decision based upon that order in the following manner:

(1)    Civil Penalty Ordered at Least Fifteen Days Before the Final Election for Office. If the hearing examiner orders a candidate and/or a committee to pay a civil penalty at least fifteen days before the final election for office, the candidate and/or committee may seek a writ of review from the superior court pursuant to Chapter 7.16 RCW, within fourteen days of the date of the hearing examiner’s order.

(2)    Civil Penalty Ordered in Other Instances. If the hearing examiner orders a candidate and/or a committee to pay a civil penalty in any other instances, the candidate and/or committee may seek a writ of review from the superior court pursuant to Chapter 7.16 RCW, within thirty days of the hearing examiner’s order. (Ord. 4190 § 2 (part), 2009)

3.12.070 Hearing examiner dismissal.

If the hearing examiner dismisses the complaint, the person who filed the complaint may seek a writ of review from the superior court pursuant to Chapter 7.16 RCW, within fourteen days of the date of the hearing examiner’s dismissal. (Ord. 4190 § 2 (part), 2009)

3.12.080 Penalties.

The violation or failure to comply with the provisions of this chapter shall constitute a civil violation for which a monetary fine of up to three times the amount of the illegal contribution in violation of KMC 3.12.030(a) may be imposed on the candidate and/or committee that accepted the contribution. (Ord. 4190 § 2 (part), 2009)