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Home My Public Portal AboutORD-CC-2003-08CITY OF MOAB ORDINANCE NO.2003-08 AN ORDINANCE ADOPTING CAMPAIGN FINANCE DISCLOSURE REQUIREMENTS WHEREAS, Moab City is a city of the fifth class with a population under 10,000; and WHEREAS, House Bill 252 adopted by the 2000 Legislature has required such small cities to adopt a campaign financial disclosure ordinance despite a lack of funding for additional manpower or paperwork; NOW THEREFORE, be it ordained and enacted by the Moab City Council as follows: Chapter 2, Section 2.49 of Moab City Municipal Code entitled Campaign Finance Disclosure is hereby adopted as follows: CHAPTER 2, SECTION 2.49 CAMPAIGN FINANCE DISCLOSURE 2.49.010 General. All candidates for elective municipal office shall comply with the campaign finance disclosure requirements set forth in this chapter. 2.49.015 Definitions. The following definitions shall be applicable to this Chapter: A. "Candidate" shall mean any person who files a declaration of candidacy for an elective office of the City; or is nominated by a committee, party, or petition; or received contributions or made expenditures or consents to another person receiving contributions or making expenditures with a view to bringing about such person's nomination or election to such office; or causes on his/her behalf, any written material or advertisement to be printed published, broadcast, distributed or disseminated which indicates an intention to seek such office. B. "Contribution" shall mean monetary and non -monetary contributions such as in -kind contributions and contributions of tangible things but shall not include personal services provided without compensation by individuals volunteering their time on behalf of a candidate. C. "Election" shall mean both primary and final elections. Ordinance #2003-08 Page 1 of 4 September 2, 2003 D. "Expenditure" shall mean a purchase, payment distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing the nomination or election of any candidate. 2.49.020 Filing of Disclosure Reports. Each candidate for elective office who either receives more than $750.00 in campaign contributions or spends more than $750.00 in campaign expenses shall file with the City Recorder dated and signed financial reports which comply with this chapter. Forms shall be made available by the City. Other forms in substantially the same format are also acceptable. 2.49.025 Time of Filing. The reports required by this chapter shall be filed at least seven (7) days before both the primary and general elections and at least once within thirty (30) days following the final election. A candidate losing in the primary election shall file the final report within thirty (30) days of the date of the primary election. 2.49.030 Contents of Statement. A The statements filed seven (7) days before the election shall include: (1) A list of each contribution of more than $50.00 received by the candidate, and the name of the donor, (2) An aggregate total of all contributions of $50.00 or less received by the candidate; and (3) A list of each expenditure for political purposes made during the campaign period as of seven (7) days before the date of the election, and the recipient of each expense. B. The statement filed thirty (30) days after the elections shall include: (1) A list of each contribution of more than $50.00 received after the cutoff date for the statement filed seven (7) days before the election, and the name of the donor; (2) A total of all contributions of $50.00 or less received by the candidate after the cutoff date for the statement filed seven (7) days before the election; (3) A list of all expenditures for political purposes made by the candidate after the cutoff date for the statement filed seven (7) days before the election, and the recipient of each expense. C. All contributions and expenditures related to the candidate's candidacy should be accounted for between the pre -election and post -election statement. Ordinance #2003-08 Page 2 of 4 September 2, 2003 2.49.035 Public Information. The statements required by this chapter shall be public documents and shall be available for public inspection and copying during regular business hours. Appropriate costs may be assessed pursuant to the provisions of Government Records Access and Management Act. 2.49.040 Penalty for Noncompliance. Any candidate who fails to comply with the provisions of this chapter is guilty of an infraction of Moab Municipal Code. 2.49.050 Failure to file — removal of candidate's name from ballot. A. If a candidate fails to file an interim report due before the election, the City Recorder shall, after making a reasonable attempt to discover if the report was timely mailed, inform the appropriate election official who: (1) shall, if practicable, remove the name of the candidate by blacking out the candidate's name before the ballots are delivered to voters; or (2) shall, if removing the candidate's name from the ballot is not practicable, inform the voters by any practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted; and (3) may not count any votes for that candidate. B. Notwithstanding section 2.49.050(A), a candidate is not disqualified if: (1) the candidate files the reports required by this section; (2) those reports are completed, detailing accurately and completely the information required by this section except for inadvertent omissions or insignificant errors or inaccuracies; and (3) those omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report. C. A report is considered filed if: (1) it is received in the City Recorder's office no later than 5 p.m. on the date that it is due; (2) it is received in the City Recorder's office with a postmark three days or more before the date the report was due; or (3) the candidate has proof that the report was mailed, with appropriate postage and addressing, three days before the report was due. APPROVED AND ENACTED on the date set forth below. This Ordinance shall become effective immediately after passage and posting. DATED this2nd day of September 2003. Ordinance #2003-08 Page 3 of 4 September 2, 2003 56r- 7e0.3 Mayor David L. Sakrison Date Attest: 1 By: ezv'N Rachel Ellison City Recorder Date Ordinance #2003-08 Page 4 of 4 September 2, 2003 C IVED S E P 2 9 2003 BY: CITY OF MOAB ORDINANCE #2003-08 AN ORDINANCE ADOPTING CAMPAIGN FINANCE DISCLOSURE REQUIREMENTS Ordinance #2003-08 was adopted at a Regular City Council Meeting hold on Sep- tember 2, 2003 at the Moab City Council Chambers, 115 W.200 So. Moab, Utah 84532. Complete copies of Ordinance #2003-08 are available at the City of Moab Recorder's Office at 115 W. 200 So. Moab, Utah 84532 or on our website at: www.moabcityorg, /s/ Rachel Ellison, City Recorder Published in The Times -Independent Moab, Utah on Sep- , tember 11, 2003. Proof Publication STATE OF UTAH, County of Grand, ss. 1 Samuel J. Taylor or Adrien F. Taylor, being first duly sworn according to law, deposes and says: That he/she is the co -publisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice Ordinance 2003-08 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 1 consecutive issues, the first publication date having been made Sept . 11 , 2003 ;and the last on ;and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the news- paper proper and not in a supplement thereof. Subscribed and sworn before me this Residing at Moab, Utah My CQmknission Expires' AYLOR TITT afiffkH IS*t V.N T LR d 2 . 0-1 r-2004