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ORDINANCE NO. 5360
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 5350 RELATING TO
CAMPAIGN REFORM, NUNC PRO TUNC
WHEREAS, the City Council of the City of Anaheim
adopted Ordinance No. 5350 on February 2, 1993, adding new
regulations to the Anaheim Municipal Code relating to campaign
reform and purporting to codify said regulations as a new Chapter
1.03 to said Code; and
WHEREAS, the City Council had theretofore adopted
Ordinance No. 5213 adding regulations to the Code relating to
franchise applications and codified said regulations as Chapter
1.03 of said Code; and
WHEREAS, the later purported codification of the
provisions of Ordinance No. 5350 as Chapter 1.03 of said Code was
through inadvertence and clerical error; and
WHEREAS, the City Council desires to correct said error
contained in Ordinance No. 5350, nunc pro nunc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Chapter 1.03 of the Anaheim Municipal Code as
adopted by Ordinance No. 5350 be, and the same is hereby,
repealed and readopted, nunc pro tunc, as new Chapter 1.09 of the
Anaheim Municipal Code, to read as follows:
"CHAPTER 1.09
CAMPAIGN REFORM
1.09.010 NAME
This Chapter shall be known and may be
cited as the "City of Anaheim Campaign Reform Law."
1.09.020 PURPOSE
The purpose of this Chapter is to ensure
that the financial strength of certain individuals or
organizations does not permit them to exercise a
disproportionate or controlling influence on the election of
city candidates. To achieve such purpose, this Chapter is
designed to reduce the influence of large contributions, to
ensure that individuals and interest groups continue to have
a fair and equal opportunity to participate in electing city
candidates, and to maintain public trust in governmental
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institutions and the electoral process.
1.09.030 RELATION TO POLITICAL REFORM ACT OF 1974
This Chapter is intended to supplement
the Political Reform Act of 1974. Unless a word or term is
specifically defined in this Chapter, or the contrary is
stated or clearly appears from the context, words and terms
used herein shall have the same meaning as defined or used
in Title 9 of the California Government Code, in which the
Political Reform Act of 1974 is codified, as the same may
be, from time to time, amended.
1.09.040 DEFINITIONS
.010 City Candidate
"City Candidate" means any person who is
a candidate for member of the City Council or Mayor of the
City of Anaheim.
.020 Elective City Officer
"Elective city officer" means any person
who is a member of the City Council or Mayor of the City of
Anaheim, whether appointed or elected.
.030 Person
"Person" means any individual,
proprietorship, firm, partnership, joint venture, syndicate,
business trust, company, corporation, nonprofit corporation,
association, committee, political committee, political
action committee, and any other organization, entity or
group of persons acting in concert.
1.09.050 CONTRIBUTIONS LIMITATIONS
.010 No person shall make, and no city
candidate or treasurer of any controlled committee of any
city candidate shall solicit or accept, any campaign
contribution(s) which would cause the total amount
contributed by such person to such candidate, including
contributions to any controlled committee of such candidate,
to exceed $1,000 with respect to any city election in which
such candidate is a city candidate.
.020 The contribution limitations set forth
in Section 1.09.050.010 shall also apply to any committee
which collects contributions for the purpose of making
expenditures in support of or opposition to the recall of an
elective city officer, and to contributions received by such
elective city officer, during a recall election cycle as
defined in Section 1.09.070 of this Chapter.
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.030 Any person or committee that spends or
incurs more than 25% of its independent expenditures during
the 12 months preceding a City election on independent
expenditures supporting or opposing city candidate(s) shall
not accept any contribution(s) from any person in excess of
the amounts set forth in Section 1.09.050.010 during the
applicable time period as set forth in either Section
1.09.050.010 or Section 1.09.070 of this Chapter.
.040 The provisions of this section shall not
apply to a city candidate's contribution of his or her
personal funds to his or her own controlled committee.
Contributions from community property owned jointly by a
city candidate and his or her spouse shall be deemed
contributions by the city candidate. Contributions by the
spouse of a city candidate from such spouse's separate
property shall be subject to the contribution limitations
set forth in Section 1.09.050.010.
1.09.055 EXEMPTION TO CONTRIBUTION LIMITATIONS
FOR PRIOR CAMPAIGN DEBTS.
.010 The contribution limitations set forth
in Section 1.09.050 shall not apply to any contributions
made by any person to any city candidate, or the controlled
committee of any city candidate, solely to retire any
campaign indebtedness incurred by such candidate or
committee on or prior to November 3, 1992, relating to any
city election held on or prior to such date regardless of
whether such contributions are received before or after
the operative date of this chapter.
.020 Any person making a contribution to
any city candidate, or the controlled committee of any city
candidate, shall be exempt from the contribution limitations
set forth in Section 1.09.050 pursuant to this section only
if such contribution is made by a written instrument
containing the name of the donor and the name of the payee
and such instrument contains a written designation thereon
that such contribution is for the purpose of retiring
campaign indebtedness incurred for a specifically designated
city election which occurred on or prior to November 3,
1992.
.030 A city candidate or committee
treasurer shall be exempt from the contributions limitations
set forth in Section 1.09.050 pursuant to this section only
if such contribution is solicited, accepted and used by such
candidate or treasurer solely for the purpose of retiring
campaign indebtedness incurred on or before November 3,
1992, relating to a city election held on or prior to such
date. The city candidate and campaign treasurer shall keep
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records sufficient to show compliance with the provisions of
this section.
1.09.060 AGGREGATION OF CONTRIBUTIONS
For purposes of the contribution
limitations contained in this Chapter, the following
provisions shall apply:
.010 All contributions made by a sponsored
committee to a city candidate or to an elective city officer
(or to a committee controlled by such candidate or officer)
shall be combined with those contributions made by the
sponsor(s) of the committee.
.020 Two or more entities shall be treated as
one person when any of the following circumstances apply:
(1) The entities share the majority of
members of their boards of directors.
(2) The entities share two or more officers.
(3) The entities are owned or controlled by
the same majority shareholder or
shareholders.
(4) The entities are in a parent -subsidiary
relationship.
.030 An individual and any general
partnership in which the individual is a general partner, or
an individual and any corporation in which the individual
owns a controlling interest (50% or more), shall be treated
as one person.
.040 No committee which supports or opposes a
city candidate shall have as a majority of its officers
individuals who serve as the majority of officers on any
other committee which supports or opposes the same city
candidate. No such committee shall act in concert with, or
solicit or make contributions on behalf of, any other
committee. This subdivision shall not apply to treasurers
of committees if these treasurers do not participate in or
control in any way a decision on whether the candidate or
candidates receive contributions.
.050 Contributions by a married person shall
be treated as the separate contributions of such person and
shall not be aggregated with any contributions of the spouse
of such person.
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.060 Contributions by children under eighteen
years of age shall be treated as contributions by their
parent(s) or legal guardian(s) attributed proportionately to
each such parent or guardian (one-half to each parent or
guardian) unless only one parent has legal custody of such
child in which event any such contributions shall be
attributed solely to the custodial parent; provided,
however, if the contribution is by a written instrument the
drawer of which is the non-custodial parent, such
contribution shall be attributed to such non-custodial
parent.
1.09.070 RECALL ELECTION CYCLES
For purposes of the limits of this
Chapter, campaign contributions made at any time after a
committee has been formed, pursuant to the provisions of the
Political Reform Act, in support of a recall election, or
after the City Clerk has approved a recall petition for
circulation and gathering of signatures, whichever occurs
first, shall be considered contributions during a recall
election cycle. A recall election cycle shall end whenever
any of the following occur:
.010 The recall proponents fail to return
signed petitions to the City Clerk within the time limits
set forth in the California Elections Code.
.020 All committees formed in support of
the recall have been terminated pursuant to the provisions
of the Political Reform Act.
.030 10 days after a recall election has
been held.
1.09.080 PROHIBITION ON MULTIPLE CONTROLLED
COMMITTEES
A city candidate or an elective city
officer shall have no more than one controlled committee for
each elective city office for which such individual is a
candidate and such controlled committee shall have only one
bank account out of which all qualified campaign and office
holder expenses related to that city office shall be made.
This section does not prevent a city candidate or an
elective city officer from establishing another controlled
committee solely for the purpose of running for a state,
federal, or other elective city office. For purposes of
this Chapter, candidacy for the same city office at
different city elections shall be deemed different elective
city offices.
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1.09.090 TRANSFERS OF FUNDS BETWEEN
CONTROLLED COMMITTEES
Nothing contained in this Chapter shall
prohibit the transfer of campaign funds from a person's
controlled committee for one elective office to the same
person's controlled committee for a different elective
office.
1.09.100 LOANS TO CITY CANDIDATES AND THEIR
CONTROLLED COMMITTEES
.010 A loan shall be considered a
contribution from the maker and the guarantor of the loan
and shall be subject to the contribution limitations of this
Chapter.
.020 Every loan to a city candidate or the
city candidate's controlled committee shall be by written
agreement which shall be filed with the candidate's or
committee's campaign statement on which the loan is first
reported.
.030 The proceeds of a loan made to a city
candidate by a commercial lending institution in the regular
course of business on the same terms available to members of
the public shall not be subject to the contribution
limitations of this Chapter if the loan is made directly to
the candidate. The guarantors of such a loan shall remain
subject to the contribution limits of this Chapter.
.040 Extensions of credit (other than loans
pursuant to Section 1.09.100.030) for a period of more than
30 days are subject to the contribution limitations of this
Chapter.
.050 This section shall apply only to loans
and extensions of credit used or intended for use for
campaign purposes or which are otherwise connected with the
holding of public office.
1.09.110 MONEY RECEIVED BY OFFICIALS TREATED AS
CONTRIBUTIONS
Any funds, property, goods or services,
other than government funds, received by elective city
officers which are used, or intended by the donor or by the
recipient to be used, for expenses (including legal
expenses) related to holding public office, shall be
considered campaign contributions and shall be subject to
the limitations of this Chapter. Reimbursement for
reasonable travel expenses related to holding public office
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shall be excluded from the provisions of this section.
1.09.120 DISCLOSURE OF NAME, OCCUPATION AND
EMPLOYER OF CONTRIBUTOR
No campaign contribution shall be
deposited into a campaign bank account of a city candidate
or elective city officer, or the controlled committee of any
city candidate or elective city officer, unless the name,
address, occupation and employer of the contributor (or, if
such contributor is self employed, the name of the business)
is on file in the records of the recipient of the
contribution.
1.09.130 OPERATIVE DATE OF CHAPTER
The provisions of this Chapter shall
become operative on July 1, 1993 (the "operative date").
Any campaign contributions received prior to the operative
date shall not be subject to the provisions of this Chapter
and shall not be included with any contributions made or
received on or after the operative date for purposes of
calculating any applicable contribution limitation set forth
in this Chapter.
1.09.140 CRIMINAL MISDEMEANOR ACTIONS
Any person who willfully violates any
provision of this Chapter is guilty of a misdemeanor. Any
person who willfully causes or solicits any other person to
violate any provision of this Chapter, or who aids and abets
any other person in the violation of any provision of this
Chapter, shall be liable under the provisions of this
section.
1.09.150 APPLICABILITY OF OTHER LAWS
Nothing in this Chapter shall exempt any
person from applicable provisions of any other laws of this
state or jurisdiction.
1.09.160 SEVERABILITY
If any provision of this Chapter, or the
application of any such provision to any person or
circumstances, shall be held invalid, the remainder of this
Chapter to the extent it can be given effect, or the
application of such provision to persons or circumstances
other than those as to which it is held invalid, shall not
be affected thereby, and to this extent the provisions of
this Chapter are severable.
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1.09.170 INTERPRETATION OF CHAPTER
This Chapter should be liberally
construed to accomplish its purpose."
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 6th day of
April , 1993.
MAY OF THE MY OF EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
477
I:\DOCS\ORDRES\31CAMP#A.012 8
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5360
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of March, 1993,
and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6th day of
April, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5360 on the 7th day
of April, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th
day of April, 1993.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. 30HL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5360 and was published once in the Anaheim Bulletin on the 15th day of April, 1993.
CITY CLERK OF THE CITY OF ANAHEIM