Ordinance - 2440ORDINANCE NO.2440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADDING SECTION 2-
402.5 ("INDEPENDENT EXPENDITURES") TO ARTICLE
VIII ("CAMPAIGN CONTRIBUTIONS") TO CHAPTER 2
("ADMINISTRATION") OF THE WEST COVINA
MUNICIPAL CODE RELATING TO DISCLOSURE
REQUIREMENTS FOR INDEPENDENT EXPENDITURES IN
CITY ELECTIONS
WHEREAS, State law requires that certain independent expenditures relating to
campaigns for statewide office and statewide ballot measures be disclosed to the state within
twenty-four hours; and
WHEREAS, the purpose of these State laws is to provide transparency in the election
process so the public can be fully informed and improper practices may be inhibited; and
WHEREAS, the City Council for the City of West Covina finds that independent
expenditures in City elections should also be subject to disclosure requirements so voters in these
elections can also be fully informed and improper practices may be inhibited; and
WHEREAS, integrity in the political process is of paramount importance in City elections;
and
WHEREAS, increased disclosure requirements for independent expenditures in City
elections will ensure transparency of independent expenditures so that local voters are provided
information on contributors, contributions and expenditures in a timely manner; and
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City of
West Covina to enact ordinances that promote the public welfare, and the City Council finds that
imposing disclosure requirements for independent expenditures in City elections will promote the
public welfare by increasing the amount of information available to voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2-402.5 ("Independent expenditures") of Article VIII ("Campaign
Contributions") of Chapter 2 ("Administration") is hereby added to the West Covina Municipal
Code as follows:
Sec. 2-402.5. — Independent Expenditures
(a) Purpose. The purpose of this ordinance is to ensure transparency of independent
expenditures so that voters in City elections are provided information on
contributors, contributions and expenditures in a timely manner.
(b) Definitions. For purposes of this section, the following definitions shall apply:
(1) "Campaign communication" means any of the following campaign related
items:
i. More than 200 substantially similar pieces of campaign literature
distributed within a calendar month, including but not limited to
mailers, flyers, facsimiles, pamphlets, door hangers, e-mails,
campaign buttons 10 inches in diameter or larger, and bumper
stickers 60 square inches or larger;
ii. Posters, yard or street signs, billboards, super -graphic signs and
similar items;
iii. Television, cable, satellite, internet and radio broadcasts;
iv. Newspaper, magazine, internet website banners and similar
advertisements; or
v. More than 200 substantially similar live or recorded telephone calls
made within a calendar month.
(2) "City candidate" means any person who is a candidate for a city office.
(3) "City measure" means any local measure placed on the ballot by the City of
West Covina, including voter sponsored initiatives, recall and referendum
measures, in an election which is governed by the California Elections
Code.
(4) "City office" means any office of the City of West Covina that is filled by
way of a vote of the people of the City of West Covina.
(5) "Elective city officer" means any member of the West Covina City Council,
or any other City office that is filled by way of a vote of the people of the
City of West Covina.
(6) "Individual" means a living person contributing funds.
(7) "Independent expenditure" means an expenditure made by any person or
committee in connection with a communication which expressly advocates
the election or defeat of a clearly identified candidate or the qualification,
passage or defeat of a clearly identified measure, or taken as a whole and in
context, unambiguously urges a particular result in an election but which is
not made to or at the behest of the affected candidate or committee.
(c) Reporting of Independent Expenditures. Disclosure of payments for independent
expenditures shall be as follows:
(1) At any time, any person, including any committee, that makes or incurs
independent expenditures that combine to $1,000 or more in support of or
in opposition to any candidate for elective City office or any City measure
shall report to the West Covina City Clerk's office within twenty-four (24)
hours by certified mail, fax or e-mail each time this threshold is reached.
The form of notification is described in subsection (c)(2) and (c)(3) of this
section, and the City Clerk shall post this notification on the City's website
immediately upon receipt, but no later than the next business day.
(2) The notification shall consist of a declaration made under penalty of perjury
and signed by the person or officer and the treasurer of the group making
the expenditure, specifying the following: (i) if applicable, each candidate
who was supported or opposed by the expenditure; (ii) the amount spent to
support or oppose each candidate or measure; (iii) if applicable, whether the
measure was supported or opposed; and, (iv) that the expenditure was not
behested by the candidate or candidates who benefited from the
expenditure.
(3) In addition, the notification shall include the date and amount of the
payment, a description of the type of communication for which the payment
was made or incurred, the name and address of the person making the
payment, the name and address of the payee or committee, and a copy of
the mailing or advertisement, or a copy of the script or recording of the call,
transmission, or advertisement. The West Covina City Clerk shall
determine the reporting form to fulfill the notification requirement.
(d) Additional requirements for campaign communications funded by independent
expenditures.
(1) Campaign communications funded by an independent expenditure
supporting or opposing City candidates or City measures shall include the
following disclosures: "This communication was not authorized by
candidate _(name)_ for _(office)_" or "_(name) initiative
proponent/opponent" .
(2) Campaign communications funded by an independent expenditure
supporting or opposing City candidates or City measures shall include the
names of the two largest contributors within the preceding 180 days from
the date the communication is sent, along with the donors' city and state of
residence. The disclosure required by this subsection shall be presented in
a clear and conspicuous manner so as to give the reader, observer or listener
adequate notice as follows:
i. For printed campaign communications that measure no more than
twenty-four inches by thirty-six inches, all disclosure statements
required by this subsection shall be printed using a typeface that is
easily legible to an average reader or viewer, but is not less than 10
point type in contrasting color to the background on which it
appears. For oversize printed campaign communications, all
disclosure statements shall constitute at least five percent of the
height of the material and be printed in contrasting color.
ii. For video broadcasts including television, satellite, internet,
telephone and cable campaign communications, the information
shall be both written and spoken either at the beginning or at the end
of the communication, except that if the disclosure statement is
written for at least five seconds of a broadcast of thirty seconds or
less or ten seconds of a sixty second broadcast, a spoken disclosure
statement is not required. The written disclosure statement shall be
of sufficient size to be readily legible to an average viewer and air
for not less than five seconds.
iii. For audio, telephone call or radio advertisement campaign
communications, the disclosures shall be spoken in a clearly audible
manner at the same speed and volume as the rest of the telephone
call or radio advertisement at the beginning or end of the
communication and shall last at least three seconds. The requirement
shall be satisfied by using the words "on behalf of immediately
followed by the name of the candidate or committee that pays for
the communication.
SECTION 2. Within fifteen (15) days after its passage of this Ordinance, the City Clerk
of the City of West Covina shall certify to the passage and adoption of this ordinance and to its
approval by the Mayor and City Council and shall cause the same to be published in a newspaper
in the manner required by law.
PASSED, APPROVED AND ADOPTED on this 3`d day of July, 2018.
L oyd Johnson
Mayor
APPROVED AS TO FORM: ATTEST-:
Kimberl 11 Barlow U Mckolas S. Ilewis
City Attorney City Clerk
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 19th day of June, 2018. That thereafter said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the P day of July, 2018, by
the following vote:
AYES:
Toma, Warhsaw, Johnson
NOES:
Spence, Wu
ABSENT:
None
ABSTAIN:
None
Nickolas S. `s
City -Clerk