Ordinance - 1669ORDINANCE 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 any 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,
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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-'?=403 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 -2--04
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
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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"talso 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
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consideration is received for making the
expenditure.
The term "contribution" includes the purchase
• of tickets for events such as dinners, luncheons,
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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
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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
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candidate or which acts
jointly with a
candidate or
controlled committee in
connection with
the making
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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."
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.
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1985.
PASSED AND APPROVED this 22nd day of Apri 1 ,
MAYOR
ATTEST:
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
CIT CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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C E R T I F I C A T I O N
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do, hereby certify that a true and accurate copy of
Ordinance No._ was published, pursuant to law, in the San
Gabriel Valley- Tribune, a newspaper of general circulation published
and circulated in the City of West Covina.
DATED:
Janet Berry, Deputy City Clerk
City of West Covina, California