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HomeMy Public PortalAboutOrd. 1513ORDINANCE NO. 1513 AN ORDINANCE OF THE CITY OF LYNWOOD ADDING SECTION 2 -3.5 OF CHAPTER 2 (ADMINISTRATION) OF THE LYNWOOD MUNCIPAL CODE WHEREAS, Sections 320 and 11002 (b) of the California Election Code, defines an "election official" as "any person who is charged with the duty of conducting an election; i WHEREAS, the duty to perform the services of a City's elections official is not mandated by the general law of the State of California; WHEREAS, the City Council may delegate such duties and responsibilities to any person or entity specified by ordinance or resolution; WHEREAS, recall petitions are currently being circulated in the City and the City has been advised that recall papers will be filed for other City officials; WHEREAS, the City anticipates that a special election may be required in connection with such recall efforts and believes that the City would be best served by a qualified and experienced elections official; and WHEREAS, the City Council may, by resolution, appoint an elections official to render specified services in a municipal election. NOW THEREFORE, THE CITY COUNCIL FOR THE CITY OF LYNWOOD ORDAINS AS FOLLOWS: Section 1. Section 2 -3.5 of Chapter 2 (Administration) of the Lynwood Municipal Code is amended in its entirety to read as follows: i "Duties of Elections Official: (a) The City Council shall, by resolution, appoint an elections official of its choice to render specified services in a regular or special municipal election held in the City. (b) The Election Official may, but need not be the City Clerk. (c) The City Council may choose to appoint a consultant or another employee to conduct such municipal election. (d) The Election Official shall be any person or entity that is charged with the duty of conducting an election. 1 Per vote of the City Council Ordinance was rescinded as of March 18, 2003 (e) The election official shall supervise all regular or special municipal elections in the city and may prescribe rules and regulations for the conduct of such elections that are not in conflict with the provision of this chapter or constitution and general laws of the state. (f) Upon the filing of nomination papers by a candidate for elective city office, the election official shall receive and shall cause to be deposited it a general fund, a filing fee in an amount established by resolution of ht city council. (g) In addition to the other _dutes_required_ for_ +.he election official i,� connection with municipal elections, the election official shall administer the provisions of this chapter. The election official shall- (1) Supply appropriate forms and manuals prescribed byte California Fair Political Practices Commission. These forms and manuals shall be furnished to all candidates and committees and to all other persons required to file reports; (2) Determine whether required documents have been field and, if so, whether they conform on their face with the requirements of state law; (3) Notify promptly all persons and known committees who have failed to filed a document in the form and at the time required by state law; (4) Report apparent violation of this chapter and applicable state law to the city attorney; (5) Compile and maintain a current list of al-statements or parts of statements field with the Election Official pertaining to each candidate for elective city office. (6) Assist the Franchise Tax Board and the Fair Political Practices Commission in conducting audits and investigation reports and statements field by candidates and committees supporting or opposing candidates for elective city office at such times and in such manner as may be required under the Political Reform Act of 1974, as amended. (7) Assist the Franchise Tax Board and the Fair Political Practices Commission in conducting audits and investigations of reports and statement filed by candidate and committees supporting or opposing candidates for elective city office at such time and in 2 ,v p + - - ~ , such manner as may be required under the Political Reform Act of 1964, as amended." Section 2. Section 2-3.6 of Chapter 2 (Administration) of the Lynwood Municipal Code is added in its entirety to read as follows: `Reporting of Contributions: During each and every reporting period relating to a municipal election in which elective city offices are to be filed, campaign statements or reports filed with the Elections Official by a candidate, or by a committee supporting or opposing such candidate, shall disclose the total amount of contributions received during each such reporting period from each person who has contributed a cumulative amount of one hundred dollars or more." Section 3. Invalidation of any provision contained in this Ordinance shall in no way affect any of the other provisions hereof or the application thereof and shall remain in full force and effect, unless enforcement of this Ordinance, as so invalidated would be unreasonable or grossly inequitable under all the circumstances our would frustrate the purpose of the Ordinance. . Section 4 This Ordinance shall take effect and be in full force immediately or as authorized by law. Section 5 The City Clerk shall certify to the passage and adoption of this ordinance and shall cause this ordinance to be published or posted as required by law PASSED, APPROVED AIVD ADOPTED this 19th day of February, 2002 ~` ATTEST: ~~ /-~' ~. ARTURO REYES;-Mayor City of Lynwood ANDREA L HOOPER, City Clerk FAUSTI~1 GONZALE~,~GG~t,~f Manager APPROVED AS TO FORM: ,. ~~ JUL ~A~SYLVA, Deputy Cit ttorney 3 First read at a regular meeting of the City Council on the 5th day of February, 2002 and adopted and ordered published at a regular meeting of said Council held on the 19th day of February, 2002. ~ ~ + ` ~~ STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. I, the undersigned, City Cleric of the City of Lynwood, do hereby certify that the foregoing ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 19tFday of February, 2002. AYES: COUNCILMEN RODRIGUEZ, PEDROZA, REYES NOES: COUNCILMEN BYRD, RICHARDS ABSENT: NONE ~ C.! City Cleric, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES jSS. I, the undersigned City Cleric of the City of Lynwood, and Cleric of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of ®rdIlnance No. 1513 on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this 19 day of February, 2002 . /,/ > City Cleric