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Home My Public Portal About01 Electronic Campaign Filing Requirements DocuSign Envelope ID:CDC98997-2A7F-4A1A-BC3A-C2C1 D487684D TOWN OF TRUCKEE California ORDINANCE 2021-01 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE, ADDING CHAPTER 2.70 TO THE TRUCKEE MUNICIPAL CODE "ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST," RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS WHEREAS; California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the Town Clerk. The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. Purpose and Authority. The purpose of this Ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees to be completed electronically. The Town Council enacts this Ordinance in accordance with the authority granted to cities by state law. This ordinance is intended to supplement, and not conflict with, the Political Reform Act. Section 2 Findings. The Town Council of the Town of Truckee finds and determines as follows: A. That California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee, required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the Town Clerk; B. In any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement is required to be filed with the local government agency, the Ordinance may permit, but shall not require, that the copy be filed online or electronically; C. The Town Council expressly finds and determines that the Town Clerk's web- based system contains multiple safeguards to protect the integrity and security of the data, it will operate securely and effectively, and it will not unduly burden filers; and DocuSign Envelope ID:CDC98997-2A7F-4A1A-BC3A-C2C1 D487684D Ordinance 2021-01 Page 2 D. The Town Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. Section 3. Adoption of Municipal Code Chapter 2.70. Chapter 2.70, entitled "Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interest," is hereby adopted and added to the Truckee Municipal Code, to read as follows: 2.70.010 General. A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) may file such Statements using an online system specified by the Town Clerk and according to procedures established by the Town Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. Elected officers, candidates, or committees required to file statements must file such Statements using such online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. All other individuals required to file Statements of Economic Interest according to the Town's adopted Conflict of Interest Code must file electronically using the online system specified by the Town Clerk. B. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. C. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing. D. The online filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code. 2.70.020 Procedures for Utilizing Online Filing. A. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section 2.70.010 A or California Government Code Section 84615(a). B. Any elected officer, candidate, or committee who has electronically filed a statement using the online system specified by the Town Clerk is not required to file a copy of that document in paper format with the Town Clerk. DocuSign Envelope ID:CDC98997-2A7F-4A1A-BC3A-C2C1 D487684D Ordinance 2021-01 Page 3 C. The Town Clerk or designee shall issue an electronic confirmation that notifies the filer that the Statement was received, which shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the Town Clerk. The date of filing for a Statement filed online shall be the day that it is received by the Town Clerk. D. If the Town Clerk's system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the Town Clerk. E. The online filing system shall enable electronic filers to complete and submit filings free of charge. 2.70.030 Availability of Statements for Public Review; Record Retention. A. The Town Clerk's system shall make all the data filed available on the Town's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Town's webpage shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The Town Clerk's office shall make a complete, un-redacted copy of the statement, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request. B. The Town Clerk's office shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose. Section 4. Severability If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competentjurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Town Council of the Town of Truckee hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 5 No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the Town, or any officer or employee thereof, a mandatory duty of care towards persons or property within the Town or outside of the Town so as to provide a basis of civil liability for damages, except as otherwise imposed by law. DocuSign Envelope ID:CDC98997-2A7F-4A1A-BC3A-C2C1 D487684D Ordinance 2021-01 Page 4 Section 6 Effective Date. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Section 7. Posting. Posting and Publications: The Town Clerk is hereby directed to publish this ordinance as required by law. The foregoing ordinance was introduced at a regular meeting of the Truckee Town Council held on the 231d day of March, 2021, and adopted at a regular meeting of the Truckee Town Council, on the 13th day of April, 2021; Council Member Zabriskie moved for the adoption, the motion was seconded by Vice Mayor Henderson and was carried by the following vote: AYES: Council Member Zabriskie, Vice Mayor Henderson, Council Member Romack, Mayor Klovstad NOES: ABSENT: Council Member Polivy Anna Klovstad, Mayor ATTEST: APPROVED AS TO FORM: Pvia, a hhmw Judy P ice, MMC, Town Clerk Andy M rris, Town Attorney