HomeMy Public PortalAboutCity Council_Ordinance No. 22-1063_Campaign Contribution_3/15/2022_Regularr I
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ORDINANCE NO. 22-1063
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, ADDING SECTION 2-1-9
"CAMPAIGN CONTRIB UTION REGULATIONS" TO
CHAPTER 1 "CITY COUNCIL", TITLE 2
"ADMINISTRATION", TO THE TEMPLE CITY MUNICIPAL
CODE
WHEREAS, the City of Temple. City ("City") is a charter city, incorporated under
the laws of the State of California; and
WHEREAS, the City Council for the City of Temple City is authorized to adopt local
contribution limits and other campaign regulations to the extent that they do not conflict
with state or federal law; and
WHEREAS, Assembly Bill 571, signed by the Governor on October 8, 2019 and
effective January 1, 2021, repeals Sections 10003 and 10202 of the California Elections
Code, and amends, repeals, and adds Sections 85305, 85306, 85307, 85315, 85316,
85317, and 85318, 85702.5 of the California Government Code relating to the Political
Reform Act of 1974; and
WHEREAS, Assembly Bill 571 establishes default campaign contribution limits for
candidates running for local elected office unless the applicable city or county has
enacted its local ordinance addressing campaign limitations; and
WHEREAS, The City Council desires to retain local control of its elections, and is
adopting this ordinance to establish Candidate Campaign Contribution Limits for the City
of Temple City as a result of and in compliance with Assembly Bill 571; and
WHEREAS, The City Council wants to minimize the potentially corrupting influence
and appearances of corruption caused by excessive contributions and expenditures in
campaigns by providing for reasonable voluntary campaign expenditure limitations and
mandatory contribution limitations for city council candidates; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS
AS FOLLOWS:
SECTION 1: Section 2-1-9 "Campaign Contribution Limits" to Chapter 1 "City
Council", Title 2 "Administration" is hereby enacted as follows:
Section 2-1-9 "Campaign Contribution Limits and Restrictions"
2-1-9-1 Contribution Limitations:
Ordinance No. 22-1063
Page 2 of 5
A.No person or committee shall make to any candidate or the candidate's controlled
committee, and no candidate or the candidate's controlled committee shall solicit
or accept, any contribution that will cause the total amount of contribution made by
the person or committee to the candidate or the candidate's controlled committee
to exceed $4,900 for any single election. Adjustment to the contribution limits in
January of odd numbered years per the consumer price index, rounded to the
nearest $100. Except for independent expenditure committees or other
committees not controlled by the candidate, no person shall make to any
committee, which supports or opposes any candidate or candidates for City
Council, and no such committee shall accept from any such person a contribution
or contributions totaling more than $4,900 for any single election. Adjustment to
the contribution limits in January of odd numbered years per the consumer price
index, rounded to the nearest $100.
B.The limitation of this section shaii not appiy to contributions of a candidate's
personal funds to the candidates' controlled committee on behalf of his or her own
candidacy, but shall apply to contributions made from a candidate's spouse.
C.No person shall make a contribution to any candidate or a candidate's controlled
committee in the name of another person.
D.No person shall reimburse, pay in advance, or otherwise compensate another
person for a contribution made to a candidate or to a candidate's controlled
committee.
E.No person, candidate, or controlled committee for a candidate shall knowingly
solicit or accept a contribution in violation of this section.
F.Any contributions in excess or in violation of the applicable contribution limitations
established by this section and received by any person, candidate, or candidate's
controlled committee, as applicable, shall be returned to the person or committee
making the contribution within 72 hours of the candidate or candidate's controlled
committee's receipt receiving of the excess contribution. In the event an excessive
contribution is received and reported in the campaign statement, the recipient
shall, within 72 hours of notification by the city clerk, return such excessive
contribution to the donor.
G.The contribution limits set forth in this section do not apply to any contribution
received by a candidate or his or her controlled committee if such contribution is
used solely to retire campaign debt existing on or before the effective date of this
ordinance. If the contribution received is used, in whole or in part, to seek
nomination for or election to an elected office of the City of Temple City after the
effective date of this ordinance, the contribution limits established in this section
shall apply to the entirety of such contribution.
2-1-9-2 Aggregation of Contributions
A.Contributions to candidate or to a candidate's controlled committee shall be
aggregated as set forth in Government Code Section 82012.5 and Section 18215.1
of the FPPC Regulations.
B.A person whose contributions are subject to being aggregated under this section
shall disclose to the candidate or the treasurer of the candidate's controlled
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Ordinance No. 22-1063
Page 3 of 5
committee of the person's relative ownership interest in any "entity", if any, for
purpose of facilitating compliance with this section.
C.Contributions by dependents that are under eighteen (18) years of age and are not
emancipated shall be as aggregated contributions by their parent(s) or legal
guardian(s) in equal amounts, unless only one parent or guardian has legal
custody in which event such contribution shall be attributed solely to such person.
2-1-9-3 Limitations on Loans
A.Loans to a candidate or to the candi date's controlled committee, whether made by
a commercial lending institution in the regular course of business on the same
terms available to members of the public, or personal loans, shall not exceed
totaling more than $4,900 for any single election. Adjustment to the contribution
limits in January of odd numbered years per the consumer price index, rounded to
the nearest $100.
B.Loans from different lending sources will be aggregated in accordance with Section
2-1-9-2 (Aggregation of Contributions) for purpose of determining compliance with
th is section.
C.Any loan amount in excess or in violation of the applicable limitations established
by this section received by any candidate or a candidate's controlled committee
shall be returned or paid in full to the lender within thirty (30) days of the candidate
or candidate's controlled committee's receipt of the excess loan.
D.The limitation of this section shall not apply candidates making personal loans to
their controlled committee on behalf of his or her own candidacy, but shall apply to
contributions made from a candidate's spouse.
2-1-9-4 Redesignation of Candidate Controlled Campaign Committee
A.A candidate for elected office in the City shall be able to redesign ate their controlled
campaign committee from one election to the next, but any redesignation must be
for an elected office of the City of Temple City. This section does not prevent a
candidate or elected city officer from establishing another separate committee
solely for the purpose of running for an elected office with a federal, state, or local
agency or political subdivision other than the City, or a committee solely formed to
support or oppose a ballot measure.
2-1-9-5 City Clerk Responsibility
A.In addition to other duties required by law, the City Clerk shall:
1.Furnish in writing (where feasible via electronic writing) a copy of this
chapter to all qualified city candidates during the nomination period for city
office.
2.Promptly notify city candidate, or his or her campaign committee, of any
errors in their statements or of failure to file.
3.Report, in writing, apparent violations of this section to the City Attorney.
2-1-9-6 Violation
Ordinance No. 22-1063 Page 4 of 5
A.Criminal misdemeanor actions
1.The City Attorney, or the designated and appointed legal representative for
the city, shall investigate and where deemed appropriate prosecute any
violation of this chapter.
2.Any person who violates any provision of this chapter or a failure to comply
with any mandatory requirements of this chapter is subject to prosecution
in accordance with Chapter 2 (Enforcement of Code), Section 1-2-0
(Violations, Penalties) of the City of Temple City Municipal Code, and may
be enforced through criminal, civil, administrative, injunctive or other relief
available by law.
B.Civil Actions
1./1,ny person who intentionally or negligently violates any provisions of
this chapter shall be liable in a civil action brought by the City Attorney
(in lieu of criminal prosecution) or by a person residing within the City for
an amount not more than three times the amount of the unlawful
contribution.
2.If two or more persons are responsible for any violation, they shall be
jointly and severally liable.
3.No civil action alleging a violation of any provision of this chapter shall
be filed more than one (1) year after the date the violation occurred.
C.Injunctive Relief
The City Attorney or any person residing in the city may sue for injunctive relief
to enjoin violations or to compel compliance with the provisions of this chapter.
D.Cost of Litigation
The court may award to a plaintiff or defendant who prevails in any action
authorized by this chapter his or her costs of litigation, including reasonable
attorney's fees, provided, however, no cost of litigation or attorney's fees shall
be awarded against the city.
SECTION 2: Severability. The City Council declares that, should any provision, section;
paragraph, sentence or word of this Ordinance be rendered or declared invalid by any
final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences and words of this
Ordinance shall remain in full force and effect.
SECTION 3: The effective date of this ordinance shall be 30 days from the date of
adoption.
SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance
and to its approval by the Mayor and shall cause the same to be published according to
law.
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Ordinance No. 22-1063
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PASSED, APPROVED, AND ADOPTED this 15th day of March, 2022.
ATTEST:
Peggy Kuo, City Clerk
Ordinance No. 22-1063 was introduced for first reading at the City Council Regular
Meeting of March 1, 2022, and adopted at the City Council Regular Meeting of March 15,
2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember -Chavez, Vizcarra, Man, Sternquist, Yu
Councilmember -None
Councilmember -None
Councilmember -None