01-21-2014 - Request from Councilmember Corey Warshaw Requesting City Council to Review Current Local Ordinances on Campaign Contribution Requirements•
City of West Covina
Memorandum
TO: Mayor and City Council
FROM: Christopher J. Chung
City Manager
BY: Susan Rush
Assistant City Clerk
AGENDA
ITEM NO. 16
DATE January 21, 241-3-
7-011
SUBJECT: REQUEST FROM COUNCILMEMBER COREY WARSHAW REQUESTING
THE CITY COUNCIL TO REVIEW CURRENT LOCAL ORDINANCES ON
CAMPAIGN CONTRIBUTION REQUIREMENTS
RECOMMENDATION:
It is recommended that the City Council provide direction accordingly.
DISCUSSION:
Section 81009.5 of the Political Reform Act entitled Local Ordinances provides authority to local
government agencies to enact ordinances imposing filing requirements additional to or different
from those set forth in the Political Reform Act for candidates and/or committees involved with
offices or issues voted for solely in that jurisdiction.
The City of West Covina has enacted two such local ordinances.
Ordinance No. 1669
Ordinance No. 1669 (Attachment A) was adopted in 1985 which placed limits on contributions to
campaigns of candidates for West Covina public office. Specific limits are as follows:
• Campaign contributions by individuals - Limit of $500 per calendar year
• Campaign contributions by an organization - Limit of $1000 per calendar year
• Campaign contributions by Political Action Committee (PAC)- Limit of $500 from any one
PAC and no more than $1,500 combined total contributions from PAC's per calendar year
The ordinance also defines the identification of sponsors on campaign material and defines the
definitions of certain terms.
Ordinance No. 2081
Ordinance No. 2081 (Attachinent B) was adopted in 2002 and imposed stricter campaign
contribution reporting requirements of candidates and office holders than those required by the
Political Reform Act. The stricter reporting requirements included the following:
• Providing full disclosure of any amount given to his/her campaign
• Providing the names of all individuals who gave money to his/her campaign regardless of
the amount
• Required that all money donations (regardless of amount) be made by check only.
Per the City Council Standing Rules, Councilmember Corey Warshaw is seeking the City Council's
consensus to review the City's local campaign contribution ordinances and other cities ordinances
and consider changes to West Covina's ordinances.
There are currently 138 cities in California which have enacted local campaign ordinance, all of
which are posted on the Fair Political Practices Commission's website (Attachment C).
•
i
Should the City Council wish to amend the City's current local campaign ordinances, the City
Attorney's office should be directed to draft a proposal for the City Council's consideration. Any
proposal shall be within in the confines of the authority authorized by the Political Reform Act.
FISCAL IMPACT:
Any fiscal impact will be dependent on direction taken by the City Council.
Prepared by:
Susan Rush
Assistant City Clerk
Attachment A
— Ordinance No. 1669
Attachment B —
Ordinance No. 2081
Attachment C —
List of Cities with Local Ordinances
ATTACHMENT A
ORDINANCE NO. 1669
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA ADDING ARTICLE VIII TO CHAPTER 2
OF THE WEST COVINA MUNICIPAL CODE PLACING
LIMITS ON CONTRIBUTIONS TO CAMPAIGNS OF
CANDIDATES FOR WEST COVINA PUBLIC OFFICE
THE CITY COUNCIL OF.THE CITY OF WEST COVINA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Article VIII of Chapter 2 of the West
Covina Municipal Code is hereby added to read as follows:
"Section 2-401. Campaign Contributions
• by'Individuals.
No individual shall make, and no candidate
shall receive from anv individual, any contribution
to the campaign of ."-.any individual candidate for
any City of West Covina elective public office
in excess of five hundred dollars ($500.00) in
any calendar year.."
"Section 2-402. Campaign Contributions
by Organizations.
No organization shall make, and no
candidate shall receive from any organization,
1
any contribution to the campaign of any
individual candidate for any City of West
Covina elective public office in excess of one
• thousand dollars ($1,000.00) in any calendar
year."
"Section "2=Z463._.. Campaign Contributions
by Political Action Committees..
No political action committee shall make,
and no candidate shall receive from any
political action committee, any contribution
to the campaign of any individual candidate
for any City of West Covina elective public
office in excess of five hundred dollars
($500.00) in any calendar year. No such
• candidate may receive any contributions in
excess of fifteen hundred dollars ($1,500.00)
combined total contributions from political
action committees in any calendar year."
"Section",Z�. 0-4 Identification of
Sponsor of Campaign Material.
(a) All campaign literature, mailings or
radio and television advertisements shall identify
the name(s) of the sponsor(s) of the political
advertisement. No such sponsor may identify itself
by a name which includes the name.of an individual
. candidate without first obtaining that candidate's
express written consent. All mass mailings shall
also comply with the requirements of Section 84305
of the California Government Code.
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(b) Any campaign literature, mailings or
radio and television advertisements sponsored by a
political action committee and endorsing a
candidate for a West Covina elective public office
• shall contain the following admonition in a
Fli�
prominent location on the advertisement and on the
outside of each piece of mail in a mass mailing and
on each insert in.that mailing, unless the
candidate has given his express written consent to
the endorsement:
"This political endorsement is made
without the authorization of (the
candidate's name]."
"Section 2.-405 :. Definitions.
Except for those terms specifically defined herein,
the definitions set forth in Sections 82000 et seq. of the
California Government Code shall be applicable to the
provisions and terms of this chapter:
(a) "Candidate" means an individual who is
listed on the ballot or who has qualified to have
write-in votes on his or her behalf counted by
election officials, for nomination for or election
to any elective office, or who receives a
contribution or makes an expenditure or gives his
or her consent for any other person to receive a
. contribution or make an expenditure with a view to
bringing about his or her nomination or election to
any elective office, whether or not the specific
elective office for which he or she will seek
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nomination or election is known at the time the
contribution is received or the expenditure is made
and whether or not he or she has announced his or
. her candidacy or filed adeclaration of candidacy
at such time. Candidate"also includes any
officeholder who is the subject of a recall
election. An individual who becomes a candidate
shall retain his or her status as a candidate until
such time as that status is terminated pursuant to
Government Code Section 84214.
(b) "Committee" means any person or
combination of persons who directly or indirectly
does any of the following:
(1) Receives contributions for political
•
purposes
totaling
five
hundred
dollars
($500.00)
or more
in a
calendar
year;
(2) Makes independent expenditures for
political purposes totaling five hundred
dollars ($500.00) or more in a calendar year.
(c) "Contribution" means a payment, a
forgiveness of a loan, a payment of a loan by a
third party, or an enforceable promise to make a
payment except to the extent that full and adequate
consideration is received unless it is clear from
the surrounding circumstances that it is not made
• for political purposes. An expenditure made at the
behest of a candidate, committee or elected officer
is a,contribution to the candidate, committee or
elected officer unless full and adequate
-4-
consideration is received for making the
expenditure.
The term "contribution" includes the purchase
of tickets for events such as dinners, luncheons,
rallies and similar fundraising events; the
granting of discounts or rebates not extended to
the public generally or the granting of discounts
or rebates by television and radio stations and
newspapers not extended on an equal basis to all
candidates for the same office; the payment of
compensation by any person for the personal
services or expenses of any other person if such
services are rendered or expenses incurred on
behalf of a candidate or committee without payment
of full and adequate consideration.
The term "contribution" further includes any
transfer of anything of value received by a
committee from another committee, unless full and
adequate consideration is received.
The term "contribution" does not include
amounts received pursuant to an enforceable promise
to the extent such amounts have been previously
reported as a contribution. However, the fact that
such amounts have been received shall be indicated
in the appropriate campaign statement.
• The term "contribution" does not include a
payment made by an occupant of a home or office for
costs related to any meeting or fundraising event
-5-
held in the occupant's home or office if the costs
for the meeting or fundraising event are five
hundred dollars ($500.00) or less.
• Notwithstanding the foregoing definition of
"contribution," the term does not include the
candidate's own money or.property used on behalf of
his or her candidacy, personal services or payments
made by any individual for his or her own travel
expenses if such payments are made voluntarily
without any understanding or agreement that they
shall be, directly or indirectly, repaid to him or
her.
(d) "Controlled committee" means a committee
which is controlled directly or indirectly by a
• candidate or which acts jointly with a candidate or
controlled committee in connection with the making
of expenditures. A candidate controls a committee
if he, his agent or any other committee he controls
has a significant.influence on the actions or
decisions of the committee.
(e) "Organization" means any entity other
than an individual, political action committee, or
controlled committee of a candidate, but including
businesses (including sole proprietorships), and
non-profit corporations or unincorporated
associations.
(f) "Political Action Committee" means any
committee as defined in this ordinance, other than
a controlled committee of a candidate."
MM
Cl
•
•
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SECTION 2. The Mayor shall sign and the City Clerk
shall certify to the passage and adoption of this ordinance
and shall cause the same to be published in the manner
prescribed by law.
PASSED AND APPROVED this 22nd day of -April ,
1985.
pe�� 54.
MAYOR
ATTEST:
kkedl_ & 4�4� f
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, —Helene M. Mooney, City Clerk of the City
of West Covina, do hereby certify that the foregoing
Ordinance No. 1669 was regularly introduced and
placed upon a first reading at a regular meeting of the City
Council on the 8th day of April , 1985. That
thereafter said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 22nd day
of April , 1985, by the following vote, to -wit:
AYES: Councilmembers: Manners, Chappell, Shearer, Tennant,
Bacon
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED AS TO FORM:
a& I la-�
CITY ATTORNEY
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CITY CLERK
9 9
ATTACHMENT B
•
ORDINANCE NO. 2081
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, REVISING AND AMENDING
THE WEST COVINA MUNICIPAL CODE AS IT RELATES TO
CAMPAIGN CONTRIBUTION REPORTING REQUIREMENTS
WHEREAS, the City Council is desirous of imposing additional requirements over and beyond
those that are required by the Political Reform Act in relation to campaign
contribution reporting; and
WHEREAS, Section 81009.5 of the Political Reform Act entitled Local Ordinances provides
authority to local government agencies to enact ordinances imposing filing
requirements additional to or different from those set forth in the Political Reform
Act for candidates and/or committees involved with issues or offices voted for
solely in that jurisdiction; and
WHEREAS, the West Covina Municipal Code requires slight renumbering of Articles VII and
VM of Chapter 2 to accommodate the new text.
THEREFORE, the City Council of the City of West Covina does ordain as follows:
SECTION 1. Section 2-400 of Article VII of the West Covina Municipal Code was set aside
some time ago, reserved for future use. The time has come to utilize that section
to codify the new language into the Municipal Code book. Upon adoption of this
ordinance, the municipal code section reserving certain sections of Article VII
shall read as follows:
"Secs. 2-336 — 2-399. Reserved."
SECTION 2. Article VI1I - Campaign Contributions is hereby amended to include the
.following section as follows:
"Section 2-400. Campaign Contribution Reporting Requirements.
Candidates running for and officeholders in positions of elective office in
the City of West Covina shall adhere to the following campaign
contribution reporting requirements:
(a) Provide full disclosure of any ar zount given to his/her campaign.
(b) Provide the names of all individuals who give money to his/her
campaign regardless of the amount.
(c) Require that all money donations (regardless of amount) be made
by check only."
SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall have it
published in accordance with the provisions of state law.
APPROVED and ADOPTED this 2nd day of April, 2002.
Attest.
City•Clerk Janet Berry
/W �, -
Ma or Michael Touhey
Ordinance No. 2081
Page Two
1, JANET BERRY, do hereby certify that the foregoing ordinance was introduced at a regular
meeting of the West Covina City Council on March 5, 2002, and duly adopted by the City
Council at the following regularly scheduled meeting of April 2' �, 2002 by the following vote of
the Council:
AYES: Herfert, Sanderson, Touhey
NOES: Miller, Wong
ABSENT: None
Approved as to form:
41ityy *Atto4rney/Arnold Alvarez-Glasman
C`
City Clerk Janet Bet . i`=
California Fair Political Practic*ommission - Print ATTACHMENT C
Local Campaign Ordinances
Learn more about local campaign finance laws. Cities and counties that have adopted a campaign
finance ordinance must submit a copy to the FPPC (§ 81009.5). The FPPC has received information
from the following agencies. If you have questions about interpreting any of these provisions, please
contact the local jurisdiction.
Cities
• Agoura Hills
• Anaheim (Updated 6/19/12)
• Arcata (Updated 6/1.9/12)
• Bell Gardens
• Belmont
• Benicia (Updated 10/18/12)
• Berkeley (Updated 1/11/13)
• Beverly ills (Updated 10/08/13)
• Brentwood
• Burbank
• Burlingame
• California City
• Capitol
• Carlsbad
• Chico
• Chula Vista (Updated 10/09/:13)
• Claremont (Updated 10/18/12)
• Clovis
• Commerce (Updated 9/25/:13)
• Concord
• Coronado
• Costa Mesa
• Cotati
• Culver City
• Cupertino (Updated 10/18/12)
• Cypress
• Dana Point (Updated 8/10/12)
• Davis (Updated 10/1.8/12)
• Del Max
• Downey (Updated 9/ 13/11)
• Dublin
• El Monte
• E1Segundo
• Encinitas
• Escondido (Updated 10/08/13)
• Eureka
• Filhmore
• Folsom (Updated 10/09/12)
• Fountain Valley
• Fremont
• Fresno (Updated 1.0/18/1.2)
• Galt
• Gardena
• Gilroy (Updated 6/19/12)
• Glendale (Updated 11/7/12)
• Grand Terrace
• Half Moon Bay
• Hayward
• Healdsburg
• Hermosa Beach (Updated
10/09/13)
• Huntington Beach (Updated
10/09/13)
• Irvine (Updated 6/19/12)
• La Mesa
Counties
• Butte (Updated. 12/09/13)
• Contra Costa
• Fresno (Updated 9/03/13)
• Kern (Updated 12/13/13)
• Los Angeles
• Marin
• Orange (Updated 3/20/13)
• Riverside (Updated
12/09/13)
• Sacramento (Updated 10/04/13)
• San Bernardino (Updated
11./29/12)
• San Diego (Updated
10/11/1.3)
• San Francisco
• San Mateo
• Santa Barbara (Updated
10/1.8/1.2)
• Santa Clara (Updated
10/11/13)
• Santa Cruz (Updated
12/09/13)
• Sonoma
• Ventura (Updated 6/3/13)
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California Fair Political Practice�inmission - Print
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• Laguna Beach
• Laguna Niguel
• Laguna Woods
• Lancaster
• Lemon Grove (Updated 6/1.9/1.2)
• Livennore
• Long Beach (Updated 10/08/13)
• Los Angeles (Updated 10/16/ 13)
• Lynwood
• Malibu
• Manhattan Beach (Updated
8/10/12)
• Menlo Park
• Merced
• Milpitas (Updated 10/18/12")
• Modesto
• Montclair
• Molmtain View
• Murrieta
• Newark (Updated 10/08/13)
• Newport Beach
• Novato
• Oakland
• Orange
• Pacific Grove
• Palmdale (Updated 6/3/13)
• Pasadena (Updated 6/19/12)
• Patterson
• Petaluma
• Pinole
• Pleasant Hill
• Pleasanton (Updated 11/07/12)
• Pomona
• Poway (Updated 2/7/12)
• Richmond
• Rohnert Park
• Rolling Hills Estates
• Roseville
• Sacramento (Updated 5/21/12)
• San Anselmo (Updated 1.0/18/1,2)
• San Diego (Updated 5/9/13)
• San Fernando
• San Jose
• San Juan Capistrano (Updated
1/11/13)
• San Luis Obispo_
• San Marcos (Updated 10/22/13)
• San Mateo (Updated 10/09/13)
• San Rafael (Updated 1.0/08/13)
• Santa Ana (Updated 6/19/12)
• Santa Barbara (Updated 10/08/13)
• Santa Clara
• Santa Clarita
• Santa Cruz
• Santa Monica (Updated 611.9/12)
• Santa Rosa (Updated 6/1.9/1.2)
• Santee
• Sausalito
• Seal Beach (Updated 6/19/12)
• Scotts Valley (Updated 8/10/12)
• Signal Hill
• Sirni Valley
• Solana Beach (Updated 8/26/13)
• Sonoma
• South Gate (Updated 1.0/09/13)
• Sunnyvale
• Temecula
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California Fair Political Practicoonunission - Print Page 3 of 3
• Temple City (Updated 10/16/13)
• Thousand Oaks (Updated
11/21/13)
• Torrance
• Ukiah
• Union City
• Upland (Updated 10/08/13)
• Ventura
• Vernon (Updated. 6/19/12)
• Victorville
• Vista (Updated 10/09/12)
• Walnut
• Walnut Creek
• Watsonville (Updated 10/09/12)
• West Covina
• West Hollywood (Updated 10/08/13)
• West Sacramento (Updated
10/09/12)
• Whittier
• Windsor •
• Woodland
• Yorba Linda
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