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Ordinance - 2272ORDINANCE NO. 2272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE VIII OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REGULATIONS WHEREAS, the City of West Covina's campaign finance regulations, codified in Chapter 2, Article VI11 of the West Covina Municipal Code, was last reviewed in 1985 and 2002; and WHEREAS, since 1985 and 2002, there have been substantial changes in the state of campaign finance law and the City Council wishes to update the City's campaign finance regulations; and WHEREAS, the City Council finds and declares as follows: (1) Monetary contributions to political campaigns are a legitimate form of participation in the political process; however, the financial strength of certain persons, as defined herein, should not permit the exercise of a disproportionate, controlling, or corrupting influence in a local election of candidates. (2) The increasing costs of political campaigns have compelled candidates to take larger amounts of money from persons with specific financial stake in matters before the City Council. This has caused a public perception that votes may be improperly influenced by monetary contributions. (3) The tendency for campaign contributions to be dominated by a small number of very large contributors undermines the integrity of the governmental process, the competitiveness of campaigns, and the public confidence in local officials and local agencies. (4) High campaign costs are also forcing officeholders to spend more time on fundraising and less time on the public's business. The constant pressure to raise contributions is distracting officeholders from urgent governmental matters. WHEREAS, the City Council wishes to enact this ordinance for the following purposes: (1) To improve methods of financing campaigns in order to ensure the public's right -to - know, combat corruption and undue influence, enable candidates to compete more equitably for public office, and promote citizen participation in the political process. (2) To prevent parties with a specific financial interest in the City's decisions from exerting undue influence over those decisions by means of large campaign contributions. (3) To allow candidates and officeholders to spend a lesser proportion of their time on fundraising and greater proportion of their time dealing with issues of importance to the City and its residents. (4) To improve the disclosure of contribution sources in reasonable and effective ways. (5) To restore public trust in governmental electoral institutions. NOW, THEREI,ORE, the City Council of the City of West Covina does ordain as follows: SECTION NO. 1: Chapter 2, Article Vlll of the West Covina Municipal Code is repealed in its entirety and replaced as follows: Section 2-400. Findings, Declarations, and Purpose. In enacting this Article, the City Council finds and declares as follows: (a) Findings and Declarations (1) Monetary contributions to political campaigns are a legitimate form of participation in the political process; however, the financial strength of certain persons, as defined herein, should not permit the exercise of a disproportionate, controlling, or corrupting influence in a local election of candidates. (2) The increasing costs of political campaigns have compelled candidates to take larger amounts of money from persons with specific financial stake in matters before the City Council. This has caused a public perception that votes may be improperly influenced by monetary contributions. (3) The tendency for campaign contributions to be dominated by a small number of very large contributors undermines the integrity of the governmental process, the competitiveness of campaigns, and the public confidence in local officials and local agencies. (4) High campaign costs are also forcing officeholders to spend more time on fundraising and less time on the public's business. The constant pressure to raise contributions is distracting officeholders from urgent governmental matters. (b) Purpose. The City Council enacts this ordinance to accomplish the following purposes: (1) To improve methods of financing campaigns in order to ensure the public's right - to -know, combat corruption and undue influence, enable candidates to compete more equitably for public office, and promote citizen participation in the political process. (2) To prevent parties with a specific financial interest in the City's decisions from exerting undue influence over those decisions by means of large campaign contributions. (3) To allow candidates and officeholders to spend a lesser proportion of their time on fundraising and greater proportion of their time dealing with issues of importance to the City and its residents. (4) To improve the disclosure of contribution sources in reasonable and effective ways. (5) To restore public trust in governmental electoral institutions. Section 2-401 Campaign contribution reporting requirements. Candidates running for and officeholders in positions of elective office in the city shall adhere to the following campaign contribution reporting requirements: (a) Provide full disclosure of any donation in the amount of One Hundred Dollars ($100) or more given to his or her campaign. (b) Provide the names and addresses of all individuals who give money to his/her campaign in the amount of One Hundred Dollars ($100) or more. (c) Require that all money donations in the amount of One Hundred Dollars ($100) or more be made in the form of a written instrument containing the name of the donor and the name of the payee and drawn from the account of the donor or the intermediary, as defined in Government Code Section 84302. "Written instrument" includes, but is not limited to, check and credit card donations, but excludes money orders, traveler's checks and cashier's checks. Section 2-402. Contributions by persons. No person shall make, and no candidate shall receive from any person, 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) in any calendar year. This amount shall automatically be adjusted on January I" of every odd -numbered year to reflect any increase or decrease in the Consumer Price Index for the prior year utilizing the standard as established by the Bureau of Labor Statistics of the U.S. Department of Labor for all urban consumers in the Los Angeles, Riverside and Orange County areas. This adjustment shall be rounded to the nearest One Dollar ($1). This adjustment shall also be published on the City's website, if it exists, and posted at three public places for at least ninety (90) days from its effective date. Section 2-403. Definitions. The definitions set forth in Sections 82000, et seq. of the California Government Code shall be applicable to the provisions and terms of this article. Section 2-404. Enforcement. (a) Any person who believes that a violation of this article has occurred may file a complaint with the city attorney. The city attorney shall investigate and shall have investigative powers as are necessary for the performance of his or her duties under this article. (b) The city attorney, or any registered voter of the City, may bring a civil action to enjoin violations of or compel compliance with the provisions of this article. Section 2-405. Penalties. (a) Any person who knowingly or willfully violates any provision of this article shall be guilty of a misdemeanor, and on conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) for each violation or by imprisonment of not more than six (6) months or both such fine and imprisonment. (b) Notwithstanding subsection (a), any person who intentionally or negligently violates any of the provisions of this article may be subject to a civil action brought by the city attorney acting as the civil prosecutor for an amount up to one thousand dollars ($1,000.00) for each violation, or three (3) times the amount not reported, or the amount received in excess of the amount allowable pursuant to this article, whichever is greater. SECTION NO.2: INCONSISTENCIES. Any provision of the West Covina Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION NO.3: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION NO. 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of West Covina or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. PASSED AND APPROVED on this 17°i day of February, 2015. APPROVED AS TO FORM: Kimberly 14all Barlow City Attorney ,.tF,FWORu"Frederick kes ATTEST - I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 3`d day of February, 2015. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 171h day of February, 2015, by the following vote: AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: Herfert ABSTAIN: None Nickolas S:-LPwi '- City Clerk