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Proposition V Good Government and Fair Elections City of Vista 12,057 / 63.63% Yes votes ...... 6,892 / 36.37% No votes
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| Information shown below: Official Information | Impartial Analysis | Arguments | Full Text | |||||
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Shall the ordinance entitled "Good Government and Fair Elections" be adopted?
Chapter 2.33 imposes standards and requirements for ethical conduct and "Good Government" by all city officials and Chapter 2.34 establishes "Fair Election" campaign requirements for all candidates seeking election to city offices. The "Good Government" requirements will prohibit all city officials from accepting gifts over $300 in any 12-month period, or any single gift over $100, from any single source. If the source is doing business with the city, or has a proposal or application pending, the gift prohibition is reduced to $50. The measure also prohibits any person from "offering" such gifts. Chapter 2.33 also restricts elected city officials from receiving paid honoraria of any amount; former city officials from representing any person before the City Council for pay; and using any city office to influence any city decision affecting a future employer of a city official. The "Fair Elections" provisions of Chapter 2.34 will limit campaign contributions to $300 per election from any source to any candidate seeking election to city office. Anonymous "cash" campaign contributions are limited to a total of $300. "Laundering" campaign contribution is strictly prohibited. All candidates and committees supporting or opposing any candidate for election to city office must disclose the sources and uses of all campaign contributions prior to the election if campaign contributions or expenditures exceed $300. Campaign financing loans are subject to the same limits and must also be disclosed. The City Attorney or other person appointed by the City Council must enforce the ordinance. Violations may be prosecuted as criminal misdemeanors and are subject to other civil remedies. EFFECT ON EXISTING LAW The Good Government and Fair Elections Ordinance imposes new campaign contribution limits on all candidates seeking election to city office. Currently, there are no campaign contribution limits for candidates seeking election to city offices. The prohibitions and restrictions contained in this measure supplement and reinforce existing requirements of the Political Reform Act, as amended. This measure also imposes new ethical restrictions on the conduct of city officials. Adoption of this measure will allow local officials to enforce these requirements at the local level. OPERATION OF MEASURE This measure, Proposition V, is presented to the voters of the City as a conflicting alternative to the initiative measure appearing on the same ballot, Proposition W, also known as the "Taxpayer Protection Amendment of 2000". Pursuant to Subdivision E of Section 1 of the Good Government and Fair Elections Ordinance, Proposition V conflicts with Proposition W. If Proposition V receives a greater number of "Yes" votes than Proposition W, then Proposition W is to be deemed null and void even if it passes. This measure imposes no additional record keeping requirements on the City. Candidates for election to city offices are required to keep the same information already required under State law. This measure relies upon the same terms and definitions used in State law.
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News and Analysis KPBS San Diego Public Broadcasting North Coast Times
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| Arguments For Proposition V | Arguments Against Proposition V | ||
| Good government is at the heart of Proposition "V". We firmly believe
that the community deserves good, fair and honest local government,
which is why we placed Proposition "V" on the ballot. It
is a straightforward measure, based on the State conflict of interest
codes, but more strict. We want Vistans to know that they are being
well represented, and that our first priority is the well being
of this community.
Proposition "V" sets standards for ethical conduct by all city officials, as well as limiting campaign contributions, honoraria and gifts. It focuses on preventing conflicts up front, rather than imposing excessive record keeping requirements that discourage citizen involvement and slow down government. There is another measure on the ballot dealing with conflicts of interest. It was written and is sponsored by the Los Angeles based "Oaks Project." The Oaks Project has attempted to place the same ordinance on the ballot in six cities around the state. This is a costly statewide experiment that has nothing to do with Vista! It implies that all local government officials (including citizen volunteers) are corrupt and that conflicts abound. Yet when pressed, they are unable to cite problems in Vista. This is a generic ordinance that does not fit all communities. It does not fit Vista. Vistans are very active and involved in our community. You volunteer on commissions and committees and come to city council meetings to provide input. This is invaluable to us and helps make the community a better place to live and work. Proposition "V" can make positive changes in Vista without discouraging community involvement. A vote for Proposition "V" is a vote for good government. VOTE YES ON "V"! GLORIA E. MC CLELLAN, Mayor JUDY RITTER, Mayor Pro Tempore TED COLE, City Council Member DICK COOKE ,City Council Member ED ESTES, JR., City Council Member
There are two measures on the ballot that deal with "government reform." One is the politician-backed Prop "V" and the other is the CITIZEN-backed Prop "W" which was circulated by VOLUNTEERS. We urge you to look closely at both. There are big differences. The biggest difference is how each got to the ballot. Prop "W" was placed on the ballot by the CITIZENS. 5400 Vistans signed official petitions with the intent of stopping scandals like the one caused when City Council members took huge campaign checks from the Vista Village developers. Prop "V" was put on the ballot by the same cynical politicians that took those huge contributions from developers. Prop "V" did not receive even one citizen signature. The politicians simply bullied "V" onto the ballot to compete with Prop "W". Why are the politicians so concerned about government reform all of a sudden? Where were they before the Prop "W" petition drive? The politicians don't care about reform. They just want to use "V" to stop the citizen-backed "W". Please consider the source of Prop "V" and Vote NO! BRAD DRAKE, Oaks Project Volunteer | Measure V is a poorly written initiative placed on the ballot by the
politicians in an underhanded attempt to keep real government reform
from happening.
No citizen gathered a single signature to put Measure V on the ballot. Measure W, on the other hand, qualified for the ballot with a 100% all volunteer signature gathering effort coordinated by the Oaks Project to clean up city hall. Measure V was only placed on the ballot in a disingenuous effort to confuse voters and ultimately to stall real reform. In addition, Measure V is poorly crafted and designed to be overturned by a court what a waste of voter's time and taxpayer dollars! The City Council only seems to care that Measure V receives more votes in November than the volunteer qualified Measure W. In fact, the tricky Council put a secret clause in their Measure V. The clause says that Measure W is invalidated if it gets less votes than Measure V. The result: no change. Measure W loses and Measure V is thrown out. That is deceitful and it shows the real reason for the Council's creation of Measure V. They just want to stop real reform. Send the City Council a message. Vote No on Measure V. BRAD DRAKE, Small Business Owner and Vista Taxpayer
The opponent of Proposition V claims that this measure was only put on the ballot to confuse the voters and divert votes from his measure, Proposition W. Proposition V was indeed put on the ballot as an alternative to "W". This is because "W":
Proposition V is proactive and will prevent conflicts of interest before they happen. Proposition W is reactive and requires justification after the fact. That's like closing the barn door after the horse is out! Look at Proposition V:
GLORIA E. MC CLELLAN, Mayor JUDY RITTER, Mayor Pro Tempore TED COLE, City Council Member DICK COOKE, City Council Member ED ESTES, JR., City Council Member |
| Text for Proposition V |
| GOOD GOVERNMENT AND FAIR ELECTIONS ORDINANCE OF THE CITY OF VISTA
THE PEOPLE OF THE CITY OF VISTA do ordain as follows:
SECTION 1. General Provisions.
A. Purposes and Intent.
The authority to enact the provisions of this Ordinance are found under the general authority granted by Article XI, Section 7 of the California Constitution, and the express authority granted under Section 81013 of the California Political Reform Act of 1974.
B. Short Title.
C. Rules of Interpretation.
D. Severability.
E. Conflicting Measure.
SECTION 2. Title 2 of the Vista Municipal Code is hereby amended to add Chapter 2.33, entitled "Good Government Requirements", to read in its entirety as follows:
Chapter 2.33 GOOD GOVERNMENT REQUIREMENTS
2.33.060 Prohibition on Public Officials Receiving Honoraria The purposes of the provisions of this Chapter are to assure ethical conduct by the elected and appointed officials of the City, to promote fairness and equal treatment for all persons by the City of Vista, regardless of wealth or economic status, and to prevent actual or apparent corruption of the governmental process of the City through the influence of gifts, contributions or payments of any kind. The intent of this Chapter is to establish minimum standards and requirements for ethical conduct by the City's elected and appointed officials, and to provide a means for the City to enforce such standards and requirements.
2.33.020 Short Title
2.33.030 Definitions
City means the City of Vista, a municipal corporation organized and existing the general laws of the State of California, and also includes all other public entities of the City in which the City Council of the City serves as governing board. Council Member means an individual who has been elected to the office of Council Member, or to the office of Mayor, of the City of Vista. Council Candidate means an individual who has filed a declaration of candidacy for, or a statement of organization as a committee for election to, the office of Mayor or Council Member, whichever occurs first. Appointed Official means any appointed member of any City commission, board, or committee, or any employee of the City who is a "designated employee" under the City's Conflict of Interest Code. Conflict of Interest Code means the Conflict of Interest Code of the City of Vista, as amended, in Chapter 2.32 of the Vista Municipal Code. FPPC means the California Fair Political Practices Commission, established pursuant to the Political Reform Act. Legislative or administrative action shall mean any decision or action taken by the City Council, or any City commission, board or committee, or any decision or action by an Appointed Official.
Political Reform Act shall mean the Political Reform Act of 1974,
found in Title 9 of the California Government Code, as amended,
inclusive of all rules, regulations and interpretations applicable
to said Title 9, approved or adopted by the FPPC. A. It is prohibited and unlawful for any Council Member or any Appointed Official, to accept gifts from any single source or person within any calendar year with a total aggregate value of more than three hundred dollars ($ 300), or any individual gift with a total value of more than one hundred dollars ($ 100). B. The limitations on the value of gifts imposed under Subdivision A of this Section shall be adjusted by the City Council to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars ($ 10), on or following January 1 of the year 2001 and on every odd-numbered year thereafter, provided that such adjustments shall not exceed the limit on the amount of gifts permitted under the Political Reform Act. 2.33.050 Prohibition on Presenting or Receiving Gifts From Parties Having An Interest In Decisions or Actions of City A. It is prohibited and unlawful for any person to present to any Council Member or to any Appointed Official, and it is also prohibited and unlawful for any Council Member or Appointed Official to receive from any such person, any gift having a value of more than fifty dollars ($ 50), if the donor or presenter of the gift has any economic or financial interest in any of the following: (1) A contract or agreement, including any purchase order, franchise, or license, to provide goods, materials, equipment, or services to or for the City, or affecting any property of the City, while the offer of such contract or agreement is pending before the City, or while such contract or agreement remains in effect; (2) Any real property, including improvements, that is the subject of an application for any land use approval, including any zoning change, use permit, variance, or other entitlement, after such application has been submitted and while such application remains pending before the City; (3) Any lease, purchase or sale agreement affecting real property, to or from the City, that has been presented to the City, or which is pending, or which remains in effect; or (4) Any request or appeal to reduce any tax, assessment, charge, or fee made to the City, while such request or appeal is pending. B. If a Council Member or Appointed Official receives a gift without knowing that the gift was presented in violation of this subdivision A of this Section, the Council Member or Appointed Official shall not be in violation of subdivision A of this Section if, within five (5) days of having discovered that the gift was received in violation of this Section, the Council Member or Appointed Official: (1) files a written report with the City Clerk that such gift was received, and (2) relinquishes such gift, or pays the equivalent fair value, to the City for appropriate disposition or deposit to the City's General Fund. The report filed with the City Clerk shall identify the name and address of each person presenting the gift, the circumstances in which the gift was presented, a full description of the gift, and its actual or estimated fair value, including copies of any available evidence of such value. C. A Council Member or Appointed Official shall disclose in writing to the City Clerk, on a form substantially the same as that required for filing a Statement of Economic Interests required under the Political Reform Act, any gift or gifts received from any person described in subdivision A, above, if the fair value of the gift is twenty five dollars ($ 25) or more. Such disclosure shall be filed no later than the seventh (7th) day of the month following the calendar month in which the gift was received. 2.33.060 Prohibition on Public Officials Receiving Honoraria A. No Council Member and no Council Candidate shall accept any honorarium. B. No Appointed Official shall accept an honorarium from any source if the Appointed Official would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. C. The provisions of Section 89506 of the Political Reform Act, as amended, shall apply to the application of this Chapter, and to all payments, advances or reimbursements for travel and related lodging and subsistence. 2.33.070 Restrictions on Former Public Officials Accepting Employment A. Former Council Members. For a period of one year after leaving office, no Council Member shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the City Council or any board, commission, committee or subcommittee of the City, or any officer or employee of the City, if the appearance or communication is made for the purpose of influencing any decision of the City Council or any administrative action of the City. For purposes of this Section, an administrative action of the City shall include the issuance, amendment, award or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or services, or sale or leasing of any interest in real property. B. Former Appointed Officials. For a period of one year after leaving office or employment, no Appointed Official shall, for compensation, act as agent or attorney for, or otherwise represent, any other person, by making any formal or informal appearance, or by making any oral or written communication, before the City Council or any board, commission, committee or subcommittee of the City, or any officer of employee of the City, for which the Appointed Official had worked, represented, appeared before, or was a member of, during the twelve months before leaving office or employment, if the appearance or communication is made for the purpose of influencing any decision of the City Council, or any administrative action, as defined in Subdivision A of this Section. C. Exceptions. The prohibitions of this Section shall not apply to any individual who is or becomes a member or representative of another City board, commission, committee, subcommittee, or an employee of the City assigned to a different department, if the communication or appearance is for the purpose of influencing a decision of the City Council or an administrative action, on behalf of the City board, commission, committee, subcommittee, or department. 2.33.080 Prohibition on Use of Position to Influence City Decisions. No Council Member or Appointed Official shall make, participate in making, or use his or her official position to influence, any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning, a current, future, or prospective employment. 2.33.090 Amendments The provisions of this Chapter may be repealed only by approval of the voters of the City at an election. The provisions of this Chapter may be amended upon adoption of an ordinance by the City Council only for the purpose of conforming any of the provisions of this Chapter with State law or with the Political Reform Act, repairing any constitutional infirmity, or adopting additional standards and regulations for ethical conduct of City elected and appointed officials, consistent with the purposes of this Chapter. 2.33.100 Rules of Construction; Severability The provisions of this Chapter shall be interpreted in the broadest possible manner, consistent with the constitutions of the United States and the State of California and with existing laws and statutes, in particular the provisions of the Political Reform Act, as amended, to accomplish the purposes and intent of this Chapter. If any portion or provision of this Chapter is found by any court for any reason to be invalid, then all remaining portions and provisions of this Chapter that are not found to be invalid shall remain in full force and effect, and the remaining portions and provisions shall be interpreted as if this Chapter were enacted originally without including the invalid portions or provisions. SECTION 3. Title 2 of the Vista Municipal Code is amended by adding Chapter 2.34 "Fair Elections and Campaign Financing", to read in its entirety as follows:
Chapter 2.34 -Fair Elections and Campaign Financing The people of the City of Vista expect and are entitled to receive honest and fair representation from their elected representatives and the opportunity to elect City officials free from undue influence by special interest groups and campaign contributors. The purpose of this Chapter is to prevent actual or potential corruption in City government by placing realistic and enforceable limits on campaign contributions to candidates for election to the offices of Mayor or City Council member; and by requiring candidates for such offices to disclose the sources of their campaign funding. 2.34.020 Short Title This Chapter shall be known as the "Fair Elections and Campaign Financing" Ordinance. 2.34.030 Definitions Except as otherwise set forth below, or elsewhere in this Chapter, the words and terms used in this Chapter shall have the same meanings, and be defined as closely as possible with respect to the City of Vista, as the meanings of such words and terms are given under the Political Reform Act. Anonymous contribution means any campaign contribution to a candidate or committee for purposes of supporting or opposing the election of a candidate to any City Office for which either the contributor is unknown to the candidate or committee, or who refuses to be identified. City means the City of Vista, a municipal corporation organized and existing the general laws of the State of California, and also includes all other public entities of the City in which the City Council of the City serves as governing board. City Office means the offices of Mayor or Council Member of the City of Vista. Committee shall have the same meaning as set forth in Government Code Section 82013 but only with respect to the purpose of supporting or opposing the election of any candidate for City Office, except that the dollar limits expressed in Section 82013 are reduced to three hundred dollars ($ 300) or more. Contribution shall have the same meaning as set forth in Government Code Section 82015 (f), but with respect to an election for City Office, except that the exclusion set forth in Section 82015 (f) for costs of a meeting or fund-raising event in the home or office of the occupant shall be reduced to one hundred fifty dollars ($ 150) or less. Controlled committee shall have the same meaning as set forth in Government Code Section 82016, but with respect to a committee organized for purpose of supporting any candidate for election to a City Office. Council Member means an individual who has been elected either to the office of Council Member or to the office of Mayor of the City of Vista. Candidate means an individual who has filed either a declaration of candidacy for, or a statement of organization as a committee, for election or re-election to a City Office. Election means any election held for the purpose of filling a vacancy in the office of Mayor or Council Member of the City of Vista. FPPC means the California Fair Political Practices Commission, established pursuant to the Political Reform Act. Independent committee means a committee that is neither controlled by a candidate, nor which coordinates its expenditures with the expenditures of any candidate or a candidate's controlled committee, and which receives contributions or makes expenditures for the purpose of supporting or opposing any candidate for City Office. Individual means a single human being. Maximum Allowed Contribution shall mean the value of the aggregate limit of gifts that may be received from any individual source or person under subdivision A of Section 2.33.040 of this Title 2, as that value may be adjusted from time to time pursuant to subdivision B of Section 2.33.040. As of the effective date of this Section, the Maximum Allowed Contribution is three hundred dollars ($ 300). Person means any individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, limited liability company, corporation, association, committee, and any other organization or group of persons acting in concert. Political Reform Act shall mean the Political Reform Act of 1974, found in Title 9 of the California Government Code, as amended, inclusive of all rules, regulations and interpretations applicable to said Title 9, approved or adopted by the FPPC. 2.34.040 Application. The provisions of this Chapter shall apply only to campaigns for or against the election of any candidate to a City Office, and shall not apply to elections concerning any measure, initiative, referendum, or recall. 2.34.050 Rules of Construction; Severability The provisions of this Chapter shall be interpreted in the broadest possible manner, consistent with the constitutions of the United States and the State of California and with existing laws and statutes, in particular the provisions of the Political Reform Act, as amended, to accomplish the purposes and intent of this Chapter. If any part of this Chapter is found by any court for any reason to be invalid, then all remaining parts of this Chapter that are not found to be invalid shall remain in full force and effect, and the remaining parts shall be interpreted as if this Chapter were enacted originally without including invalid parts. 2.34.060 Limits and Prohibitions on Campaign Contributions A. Limits on Campaign Contributions to Candidates and Controlled Committees. No person, other than the candidate, shall make, nor shall a campaign treasurer solicit or accept from any person, any contribution which will cause the total amount contributed by that person to the election campaign of any candidate for City Office to exceed the Maximum Allowed Contribution in any election. This campaign contribution limit shall apply to the total of all contributions made by any person other than the candidate, collectively to the candidate and to any of the candidate's controlled committees, except for any controlled committees organized solely for the purpose of campaigning for or against any measure, initiative, referendum or recall. B. Limits on Anonymous Campaign Contributions. No candidate or committee shall accept anonymous contributions in a total aggregate amount exceeding the Maximum Allowed Contribution for any single election. Nor shall any candidate or committee expend or use anonymous contributions received in a total aggregate amount exceeding the Maximum Allowed Contribution. To the extent that the aggregate total amount of anonymous contributions received by any candidate or controlled committee for any election exceeds the Maximum Allowed Contribution, the excess amount shall be paid promptly, from available campaign funds, if any, to the City Treasurer for deposit in the General Fund of the City, unless required by law to be paid to the Secretary of State. C. Prohibition of "Laundered" Campaign Contributions. No candidate, committee, or campaign treasurer shall accept any campaign contribution made directly or indirectly, by any person in a name other than the name by which the contributor is known and identified for legal purposes, or in the name of any different person, or combination of persons, other than the name of the actual contributor. No person shall, in his, her or its own name, make a contribution of any thing of value belonging to another person, or that was received from another person on the condition that it be used as a campaign contribution. Such practices are commonly known as "laundering" campaign contributions. Upon discovery by any candidate, committee, or campaign treasurer of the receipt of any such "laundered" campaign contributions in violation of this Subdivision, the candidate, committee or campaign treasurer shall promptly pay to the City Treasurer for deposit to the City's General Fund, from any of the candidate's or committee's available campaign funds, the amount of such "laundered" campaign contributions received in violation of this Subdivision. 2.34.070 Limits and Disclosure of Loans to Candidates and Committees A. Limits on Amount of Loans to Candidates and Committees. Subject to the exceptions listed below, a candidate or a committee shall not obtain a loan in excess of the monetary limits set forth in subdivision A of Section 2.34.060 from any person, for the purpose of supporting or opposing a candidate for election to any City Office. The limitation on the amount of a campaign loan shall not apply to any loan by a candidate made for the sole purpose of financing the candidate's own campaign for election to City office. B. Disclosure of Permitted Loans. If a candidate or committee obtains a loan in compliance with Subdivision A, above, the candidate or committee shall comply with all of the following requirements: (1) The loan shall be evidenced by a written agreement which sets forth the lender, loan amount, funding source if different from the lender, interest rate, repayment terms, collateral pledged, and records of all repayments made on the loan, including legible photocopies of any canceled checks, and any other terms or conditions of the loan. (2) The candidate or committee shall file a copy of the written agreement required under subparagraph (1) above with the City Clerk within five (5) calendar days of the execution of the written agreement or the receipt of the loan proceeds, whichever occurs first. (3) The candidate or treasurer of the committee receiving the loan shall execute and deliver a promissory note for the amount borrowed, and the note shall include a specific repayment schedule, shall set forth all other terms and conditions of the loan, including the interest rate, and the terms and conditions of the loan shall not be substantially or materially different from the terms and conditions of commercial loans generally made available to the general public. (4) A loan shall not be secured by any assets, other than personal assets of the candidate, or joint or community property assets of the candidate and the candidate's spouse, except that other persons may pledge assets for the repayment of the loan in amounts not exceeding the campaign contribution limits imposed under subdivision A of Section 2.34.060, and any such pledge shall be deemed a campaign contribution for purposes of this Chapter. (5) The candidate or committee shall maintain copies of all loans documents and make legible copies available for inspection in the manner provided in Section 2.34.110. 2.34.080 Organization of Committees; Campaign Statements. Any committee that either receives or expends an amount greater than the Maximum Allowed Contribution in support of or opposition to any candidate for City Office shall file with the City Clerk a statement of organization in substantially the same form required by the Political Reform Act for such purposes not later than ten (10) days following the opening of the election campaign account. The committee shall identify whether it is a controlled committee or an independent committee. 2.34.090 Campaign Statements -Supplemental Filing Requirements and Schedule
A. Supplemental Filing Requirement. In addition to the requirements
for filing campaign statements imposed by the Political Reform Act,
every candidate for election, and every committee
supporting or opposing a candidate for election, as defined in section B. Supplemental Filing Schedule. In addition to the requirements for filing campaign statements imposed by the Political Reform Act, every candidate for election, and every committee, shall file pre-election campaign statements with the City Clerk on the twentieth (20 th ) and sixth (6 th ) days prior to the election date. 2.34.100 Election Campaign Accounts. A. Election Campaign Account Required. Every candidate and every committee receiving contributions in an amount equal to or greater than the Maximum Allowed Contribution in support of or opposition to the election of any candidate for City Office shall establish a single election campaign account for the election campaign with a bank or other financial institution providing checking account services and having an office located in the City of Vista. Notwithstanding the preceding sentence, a candidate and the candidate's controlled committee formed solely for the purpose of supporting that candidate for election to any City Office may establish and maintain a single joint checking account for both the candidate and the committee. Within twenty four (24) hours after opening an election campaign account, the candidate or the treasurer of the committee shall file with the City Clerk, in writing or on forms provided by the City Clerk, the name of the bank or financial institution and the number of the election campaign account. B. Deposit of Campaign Contributions. Upon opening an election campaign account, all contributions accepted by a candidate, committee, or campaign treasurer shall be deposited by the candidate, committee or campaign treasurer in the candidate's or committee's election campaign account within five (5) business days. No contribution shall be deposited to an election campaign account without the candidate or committee treasurer having received, with respect to that contribution, all of the information identified under Government Code Sections 84211 pertaining to campaign contributions. Any contribution not deposited within five (5) business days shall be returned to the contributor as soon as possible after the fifth (5th) business day, but no later than ten (10) business days after receipt of the contribution. C. Election Campaign Expenditures. Every election campaign expenditure made following the opening of an election campaign account shall be made only upon a check drawn on the election campaign account and signed by the candidate or campaign treasurer, or an authorized agent of the candidate or campaign treasurer. For purposes of this Section, an expenditure shall be deemed made by check drawn against the election campaign account if: (1) the maker of the expenditure is reimbursed by a check drawn on the account, and (2) the expenditure is reported as a campaign expenditure within the time required for filing of campaign statements. Each candidate, campaign treasurer, or committee shall maintain a written record of the payee of each check drawn on a campaign contribution checking account and an itemized record of the goods or services for which each check is issued. Funds held in the election campaign account shall be deemed to be held in trust, and shall not be considered for any purposes to be the personal funds of a candidate, campaign treasurer, committee, or other person. D. City Clerk's Access to Records. The City Clerk shall have full access during normal business hours to the bank's or financial institution's records concerning any election campaign account established pursuant to this Chapter. E. Retention of Records. The candidate, committee, or authorized agent, shall retain, for a minimum period of four (4) years following the election, all records of campaign contributions received and expenditures made in connection with campaigns in support of or opposition to candidates for election to any City Office. F. Segregation of Funds and Records By Committees. Each committee required by this Chapter to open an election campaign account, and which also engages in campaign activity in elections other than the election of City Officers, shall physically segregate the funds received from, and shall maintain separate records of, all contributions and campaign expenditures received or made in connection in the campaign for or against the election of any candidate for City Office. 2.34.110 Petty Cash Disbursements Notwithstanding the provisions of Section 2.34.090, the candidate or campaign treasurer or other designated agents authorized to issue checks on an election campaign account may disburse to the candidate or committee establishing the checking account an amount not greater than $20 per week to be used for petty cash purposes by the candidate or committee. An amount not greater than $40 per week may be disbursed to a candidate and committee jointly establishing an election campaign account, to be used for petty cash purposes. 2.34.120 Additional Required Records A. Records Required to be Maintained. In addition to any other requirements for keeping of campaign records by candidates or committees, every candidate and committee establishing an election campaign account pursuant to this Chapter shall maintain records, for a minimum period of four (4) years from the date of the election, of all of the following: (1) any contribution offered to and refused in whole or in part by the candidate or committee; (2) any contribution received by the candidate or committee and returned in whole or in part to the contributor; (3) any contribution received by the candidate or committee and deposited in whole or in part into the election campaign account; (4) any disbursements made from the election campaign account. B. Contents of Records. The records required to be maintained by subdivision A above shall include, without limitation, all of the following information: (1) the name and address of each contributor; (2) the amount of each contribution, and the date on which it was received or offered; (3) a legible photocopy of the check for every contribution made by check; (4) a legible copy of the bank deposit slip depositing the contribution into the election campaign account for every contribution made in cash; (5) legible photocopies of the originals of all bank records of the election campaign account; (6) a statement disclosing the source of funds for every contribution made by the candidate for personal funds; (7) for every non-monetary contribution, a description of the thing or services contributed and a reasonable good-faith estimate of the value of the contribution; (8) for each disbursement by check made from an election campaign account, the canceled check, or a legible photocopy, the bank statement showing the disbursement, the name of the payee, a record of the goods and services for which the disbursement was made, and a legible photocopy or original of the invoice, statement or bill received from the payee. C. Presentation of Records for Inspection. Each candidate or committee shall deliver to, or make available upon demand by, any public officer having authority to enforce this Chapter: (1) a written authorization permitting the officer to have access to all records pertaining to an election campaign account; and (2) all records required by this Chapter to be maintained by the candidate or committee. 2.34.130 Return of Prohibited Contributions A. Rejection of Any Offer. Any campaign contribution offered to a candidate or committee in violation of this Chapter shall be rejected by the candidate or committee to whom offered. B. Return of Contributions Received. If a candidate, committee or campaign treasurer discovers after having received a campaign contribution that the contribution is in violation of this Chapter, the candidate, committee or campaign treasurer shall not be a violation of this Chapter if the candidate, committee or campaign treasurer: (1) does not deposit the contribution into the election campaign account; and (2) returns the contribution within five (5) calendar days of the date the contribution was received. C. Reporting Contributions Deposited to Election Campaign Account. If a candidate, committee or campaign treasurer discovers that a contribution has been received and deposited into the election campaign account, in violation of any provision of this Chapter, the candidate, committee or campaign treasurer shall not be in violation of this Chapter if the candidate, committee or campaign treasurer complies with both conditions (1) and (2) below: (1) The candidate, committee or campaign treasurer discovering the violation files a written statement of the violation with the City Clerk within five (5) calendar days of having discovered the violation. The written statement shall include all pertinent facts known about the contribution, along with the following information: (a) If the contribution was made by check, draft, or other instrument, a legible copy of the check, draft or instrument by which the contribution was made; (b) If made in cash, the amount of contribution and a legible photocopy of the bank deposit slip by which the contribution was deposited to the election campaign account; (c) If made by wire or electronic transfer, a photocopy of the record of the transfer; (d) The method by which the contribution was delivered to the candidate, committee or campaign treasurer (e. g. by personal delivery, U. S. Postal System delivery, private courier or messenger, etc.). If delivered in person by the contributor or contributor's agent, the statement shall include the name, address and phone number of the contributor or agent. (2) The written statement to the City Clerk shall be accompanied by a check drawn on the election campaign account in an amount equal to the amount of the contribution deposited in violation of this Chapter, and the amount shall be donated to the General Fund of the City. 2.34.140 Independent Campaign Expenditures Disclosure If an independent person or organization makes expenditures supporting or opposing any candidate for election to City Office, and if such expenditures, or any portion of them, would otherwise be subject to the provisions of this Chapter if made by a candidate or committee, the independent person or organization shall indicate legibly, clearly and prominently on the face of all campaign material published or displayed, or at the beginning and end of any campaign broadcast, that the material has not been paid for or authorized by any candidate or committee. For purposes of this Section an "independent person or organization" means any person, group or association, or any combination thereof, not subject to the control of a candidate or committee. 2.34.150 Enforcement; Complaints; Investigations and Legal Actions; Compliance A. Enforcement. The Enforcement Authority shall enforce the provisions of this Ordinance. For purposes of this Chapter, the Enforcement Authority shall be the City Attorney, or any person designated by the City Council to act as the Enforcement Authority. B. Complaints. Any person who has reason to believe that a violation of any provision of this Chapter has occurred may file a written statement of such belief with the Enforcement Authority. Upon a determination by the Enforcement Authority that there exists sufficient grounds to support a reasonable belief that a violation of this Chapter has occurred, the Enforcement Authority shall make an investigation. If the Enforcement Authority has reason to believe that a willful violation of this Chapter has occurred, or is about to occur, the Enforcement Authority may institute legal action to prevent further violations. C. Investigations and Legal Action. The Enforcement Authority shall have such powers and authorities as may be necessary and proper to perform investigations authorized under this Chapter, and may demand and be furnished with records of campaign contributions and expenses from candidates, committees or campaign treasurers at any time. The Enforcement Authority shall have the power and authority to bring any legal action deemed necessary and appropriate, whether criminal or civil in nature, to enforce the provisions of this Chapter. D. Determining Compliance. The Enforcement Authority shall determine whether required statements and declarations have been filed as required by this Chapter and, if so, whether they conform with the requirements of this Chapter. 2.34.160 Penalties A. Misdemeanor. Any person who has violated any of the provision of this Chapter, or any person who has counseled, aided, abetted, advised, or participated in any violation of this Chapter, is guilty of a misdemeanor, subject to the penalties set forth in Section 1.16.010. D of this Municipal Code. B. Forfeiture. In addition to any other penalty under this Municipal Code, any person having been convicted of violating Section 2.34.060 of this Chapter shall be required to forfeit the amount received in violation of such section and to pay over that amount to the City Treasurer for deposit to the General Fund of the City. C. Tolling of Statutes of Limitations. Any limitation of time prescribed by law within which prosecution of a violation of this Chapter must commence shall begin to run upon the date of discovery of the violation. 2.34.170 Amendments The provisions of this Chapter may be repealed only by approval of the voters of the City at an election. The provisions of this Chapter may be amended upon adoption of an ordinance by the City Council only for the purpose of conforming any of the provisions of this Chapter with State law or with the Political Reform Act, repairing any constitutional infirmity, or adopting additional standards and regulations for fair elections and campaign financing of candidates to City Offices, consistent with the purposes of this Chapter. APPROVED AND ADOPTED BY THE PEOPLE of the City of Vista at an election held on November 7, 2000, with affirmative votes and negative votes. GLORIA E. McCLELLAN, Mayor ATTEST: Jo Seibert, City Clerk |
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Created: January 25, 2001 02:34
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