5858ORDINANCE NO. 5858
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 1.09 OF TITLE 1 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO CAMPAIGN REFORM
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY
ORDAINS AS FOLLOWS:
SECTION 1.
That Chapter 1.09 of Title 1 of the Anaheim Municipal
Code be, and the same is hereby, amended in its entirety 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; to minimize the opportunity for, and the
appearance or perception of, corruption; to prevent
contributors from circumventing the contribution limits;
and to maintain public trust in governmental 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
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Title 9 of the California Government Code, in which the
Political Reform Act of 1974 is codified, and as
supplemented by the Regulations of the Fair Political
Practices Commission as set forth in Title 2, Division 6 of
the California Code of Regulation, 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 or any elective city officer whether
or not such officer is a candidate for reelection.
.020 City Election. "City election" means any general
election, special election or recall election.
.030 City Office. "City office" shall mean either the
office of Mayor or the office of city council. The two
city council seats which have terms which expire at the
same general municipal election shall be deemed the same
city office for purposes of this Chapter.
.040 Election Cycle. "Election cycle" shall mean the
applicable period as set forth in Section 1.09.060 of this
Chapter.
.050 Elective City Officer. "Elective city officer"
means any person who is a member of the City Council,
including the Mayor of the City of Anaheim, whether
appointed or elected.
.060 Indebted Former Candidate. "Indebted former
candidate" means a person, other than an elective city
officer, who was a candidate for a city office at any city
election and who has campaign debt remaining from such
election after expiration of the election cycle for the
city office for which he or she was a candidate.
.070 Person. `Person" means an individual,
proprietorship, firm, partnership, joint venture,
syndicate, business trust, company, corporation, limited
liability company, association, committee, and any other
organization or group of persons acting in concert.
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1.09.050 CONTRIBUTION LIMITATIONS.
.010 City Candidates. Except as provided in
subsection .020 of this section, no person shall make, and
no city candidate or treasurer of any controlled committee
of any city candidate shall solicit or accept, any
contributions which would cause the total amount
contributed by such person to such candidate or his or her
controlled committee to exceed one thousand dollars
($1,000) during any election cycle for any city office.
.020 Elective City Officers and Candidates With
Outstanding Debt From Prior Election. No person shall
make, and no elective city officer or indebted former
candidate, or treasurer of any controlled committee of any
elective city officer or indebted former candidate, shall
solicit or accept, any contributions for the purpose of
retiring outstanding debt from a prior city election which
would cause the total amount contributed by such person to
such elective city officer or indebted former candidate or
to his or her controlled committee, to exceed one thousand
dollars ($1,000) for the election in which the outstanding
debt was incurred, regardless of when the contribution(s)
is made or received.
.030 Recall Elections. 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 1.09.060 of this
chapter.
.040 Candidate's Personal Funds. 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.
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1.09.052. SLATE MAILERS.
.010 The provisions of Government Code Section 82048.4
are not incorporated in, and shall not be used in the
interpretation of, the City of Anaheim Campaign Reform Law.
.020 If a slate mailer is produced and/or distributed
other than at the behest of a City Candidate, then it is an
independent expenditure, and is not subject to the
contribution limitations of this Chapter.
.030 The provisions of this Section shall apply only
to slate mailers in which more than ten percent (100) of
the surface area of the slate mailer (exclusive of the area
used for address and postage) expressly advocates or
opposes the election of an individual City Candidate.
.040 If a third party has provided funds to the slate
mailer organization that are used for the production and/or
distribution of a slate mailer at the behest of a City
Candidate, then:
.0401 the attributable cost of production
and/or distribution of the slate mailer is a contribution
from such third party to the City Candidate to the extent
the attributable cost of production and/or distribution
exceeds the amount, if any, paid by the City Candidate or
the controlled committee of such candidate, up to the total
of the funds provided by the third party, and such
contribution is subject to the contribution limitations of
this Chapter; and
.0402 the attributable cost of production
and/or distribution of the slate mailer that exceeds the
total of the funds provided by the third party and any
funds paid by the City Candidate or the controlled
committee of such candidate is a contribution from the
slate mailer organization to the City Candidate, and such
contribution is subject to the contribution limitations of
this Chapter.
.050 If a slate mailer is produced or distributed at
the behest of a City Candidate, without any contribution
from a third party, then the attributable cost of
production and/or distribution is a contribution from the
slate mailer organization to the City Candidate to the
extent the attributable cost of production and/or
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distribution exceeds the amount, if any, paid by the City
Candidate or the controlled committee of such candidate to
the slate mailer organization, and such contribution is
subject to the contribution limitations of this Chapter.
.060 If a slate mailer expressly opposes the election
of a City Candidate, and the slate mailer is produced
and/or distributed at the behest of an opposing City
Candidate ("the opponent"), then:
.0601 If a third party has paid the slate
mailer organization to oppose the City Candidate:
.01 the attributable cost of production
and/or distribution of the slate mailer is a contribution
from the third party to the opponent to the extent it
exceeds any payment to the slate mailer organization from
the opponent or the controlled committee of such opponent
up to the total amount paid to the slate mailer
organization by the third party to oppose the City
Candidate, and such contribution is subject to the
contribution limitations of this Chapter; and
.02 the attributable cost of production
and/or distribution of the slate mailer that exceeds the
total of the payment made to the slate mailer organization
by the third party to oppose the City Candidate and any
payment made to the slate mailer organization by the
opponent or the controlled committee of such opponent is a
contribution from the slate mailer organization to the
opponent, and such contribution is subject to the
contribution limitations of this Chapter.
.0602 If no third party has paid the slate
mailer organization to oppose the Anaheim City Candidate,
then the attributable cost of production and/or
distribution is a contribution from the slate mailer
organization to the opponent to the extent the attributable
cost of production and/or distribution exceeds the amount,
if any, paid by the opponent or the controlled committee of
such opponent to the slate mailer organization, and such
contribution is subject to the contribution limitations of
this Chapter.
.070 "Attributable cost of production and/or
distribution" is computed by multiplying the total cost of
production and/or distribution of the slate mailer by a
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fraction, the numerator of which is the number of square
inches of the mailer that expressly advocates or opposes
the election of an Anaheim City Candidate, and the
denominator of which is the number of square inches of the
mailer devoted to all candidates.
.080 A slate mailer is produced and/or distributed at
the behest of a City Candidate:
.0801 If the City Candidate, or his/her
controlled committee, or the candidate's or committee's
agent or consultant, pays any of the costs for the slate
mailer, or provides any information or photographs used in
the mailer, or consults or confers with the slate mailer
organization in any manner regarding the content, timing,
or distribution of the slate mailer; or
.0802 Under any of the circumstances
described in Section 18225.7(a) and Section 18225.7 (b) of
Title 2 of the California Code of Regulations, as those
sections exist as of June 1, 2002.
.0803 A non-refundable deposit made to a
slate mailer organization shall not be considered a payment
within the meaning of paragraphs .0801 or .0802 above, if
either (a) the deposit is made by, or on behalf of, a City
Candidate who is not opposed in the City election, or (b)
the deposit is made as consideration for a written
agreement whereby the slate mailer organization obligates
itself to not produce a slate mailer in which more than ten
percent (100) of the surface area of the slate mailer
(exclusive of the area used for address and postage)
expressly advocates or opposes the election of the City
Candidate by, or for whom, the deposit is made.
1.09.055 CONTRIBUTIONS FOR OFFICEHOLDER EXPENSES.
.010 Notwithstanding any other provision of this
Chapter 1.09 to the contrary, the controlled committee of
an elective city officer for the immediate past election at
which said city officer was elected or reelected to office
may solicit and accept campaign contributions after the end
of the election cycle for said election, and said
contributions, regardless of when received, shall be
regarded as campaign contributions made in said immediate
past election cycle for purposes of the contribution
limitation set forth in Section 1.09.050.010, provided such
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contributions are used by the elective city officer or said
controlled committee solely for the purpose of defraying
the expenses of holding such city office, and further
provided:
.0101 The controlled committee has retired
all debt from the immediate past election at which said
city officer was elected prior to expending any
contributions pursuant to this section for the purpose of
defraying the expenses of holding such city office; and
.0102 Any such contribution is deposited into
the campaign contribution account of the controlled
committee for said immediate past city election at which
said elective city officer was elected or reelected in
accordance with the requirements of state law; and
.0103 Any such contribution is reported as a
campaign contribution on Schedule A of Fair Political
Practices Commission Form 460 or any successor reporting
form thereto as required under state law and, in addition
thereto, clearly designates on said reporting form that
such contribution was made for the purpose of defraying the
expenses of holding such city office; and
.0104 Any such contribution is used solely
for the expenses of holding such city office and the use
thereof is reported as an expenditure on Schedule A of Fair
Political Practices Commission Form 460 or any successor
reporting form thereto as required under state law and, in
addition thereto, clearly designates on said reporting form
that such expenditure was made for the purpose of defraying
the expenses of holding such city office; and
.0105 The treasurer of said controlled
committee is provided with, and retains for a minimum
period of three years, a dated receipt and a written
description of the expenditure; and
.0106 Any such contributions, together with
all other contributions made to the elective city officer,
or his or her controlled committee, by the same
contributor, during or attributed to said election cycle do
not exceed the amount set forth in Section 1.09.050.010 of
this Chapter; and
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.0107 No contributions received for the
purpose of defraying the expenses of holding city office
shall be transferred to any other city candidate, elective
city officer, or any other committee; and
.0108 Any contributions accepted for the
purpose of defraying the expenses of holding city office
and remaining in the bank account of the elective city
officer or his or her controlled committee upon the date
such elective city officer's current term of office ends
shall be either returned to the contributors, deposited in
the City's general fund, or donated to any bona fide
charitable, educational, civic, religious, or similar tax-
exempt nonprofit organization, where no substantial part of
the proceeds will have a material financial effect on the
former city officer, any member of his or her immediate
family, or his or her campaign treasurer; and
.0109 No controlled committee which accepts
any contribution pursuant to this section for the purpose
of defraying the expenses of holding any city office shall
solicit or accept any campaign contribution(s) for any
future city election, or redesignate such controlled
committee as the controlled committee for any future
election. Nothing contained in this section shall prohibit
an elective city officer from creating a new controlled
committee for the purpose of soliciting and accepting
campaign contributions for a future election; and
.0110 No contributions shall be accepted and
no expenditures shall be made or expenses incurred pursuant
to this section for the purpose of defraying the expenses
of holding city office by the controlled committee of any
elective city officer who is eligible for election or
reelection to any city office, within six months prior to
the date such elective city officer's current term of
office expires, or after the filing for election or
reelection to any city office, whichever occurs first.
Nothing contained in this paragraph shall prohibit an
elective city officer's controlled committee from
soliciting or accepting any contribution, making any
expenditure, or incurring any expense, for the purpose of
defraying the expenses of holding city office, following
the date of any city election at which said elective city
officer is a candidate, or following expiration of the
applicable filing period for any such city office in the
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event said officer fails to file for election or
reelection.
.020 The term "expenses of holding city office" as
used in this Section shall mean any expenditure from
campaign contributions by an elective city officer, or his
or her controlled committee, lawfully permitted to be made
from campaign contributions under the Political Reform Act
and its implementing regulations, except any expenditure
for "election -related activities" as such term is defined
in Section 82015(b)(2)(C) of the Government Code or any
successor provision thereto.
1.09.058 OUTSTANDING DEBT RETIREMENT AND REPORTING.
.010 Any elective city officer or indebted former
candidate, or any controlled committee of any such officer
or candidate, accepting any contribution(s) for the purpose
of retiring outstanding debt from a prior city election and
required by state law to report such contributions on
Schedule A of Fair Political Practices Commission Form 460
or any successor provision thereto, shall, at the time
required for the reporting of such contributions on
Schedule A and in addition to any other reporting
requirements under state law, clearly designate on said
Schedule A which contributions were received for the
purpose of retiring outstanding debt and for which prior
city election such contributions were received.
.020 Any contribution accepted for the purpose of
retiring outstanding debt from a prior city election shall
be applied to reduce or retire said outstanding debt in the
same reporting period in which such contribution was
accepted. The application of any contribution to retire
outstanding debt from a prior city election (i.e.,
repayment of outstanding loans and payment of accrued
expenses) shall be itemized and identified on the
appropriate schedules and on the Summary Page of Form 460,
or any successor form thereto, provided by the Fair
Political Practices Commission.
.030 Except as provided in subsection .040 below, no
elective city officer or indebted former candidate, or any
controlled committee of any such officer or candidate,
shall use any contributions received for the purpose of
retiring outstanding debt from a prior city election for
any purpose other than for the retirement of outstanding
debt remaining from the prior city election for which such
contribution was received.
.040 Following the retirement of all outstanding debt
from the election for which such contributions were
collected, any remaining funds which were collected for the
purpose of retiring outstanding debt shall either be (i)
used for purposes of defraying the expenses of holding city
office in accordance with the provisions of Section
1.09.055, (ii) returned to the contributors, (iii)
deposited in the City's general fund, or (iv) donated to
any bona fide charitable, educational, civic, religious, or
similar tax-exempt, nonprofit organization, where no
substantial part of the proceeds will have a material
financial effect on the former candidate or officeholder,
any member of his or her immediate family, or his or her
campaign treasurer.
1.09.060 ELECTION CYCLES.
.010 General Elections. For purposes of any general
election for any city office, the term "election cycle" as
used in this chapter shall mean the period commencing on
January 1 immediately following any general election for
such city office and ending on December 31 of the year in
which the next general election for the same city office
occurs. Notwithstanding the preceding sentence, following
a special election for any city office, the "election
cycle" for the next general election for said city office
shall commence on the thirty-first (31St) day following said
special election and shall end on December 31 of the year
in which the next general election for said city office
occurs.
.020 Special Elections. For purposes of any special
election for any city office, the term "election cycle" as
used in this chapter shall mean the period commencing on
the date a special election is called by the City Council
and ending on the thirtieth (30th) day following said
special election.
.030 Recall Elections. For purposes of any recall
election of any city officer, the term "election cycle" as
used in this chapter shall mean the period commencing on
either the date a committee is formed pursuant to the
provisions of the Political Reform Act in support of a
recall election or the date the City Clerk approves a
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recall petition for circulation and gathering of
signatures, whichever occurs earlier, and ending on the
thirtieth (30th) day following the first to occur of any of
the following:
.0301 The time provided by law for the gathering
of signatures on recall petitions expires without
sufficient recall petition signatures having been filed
with the City Clerk to require a recall election;
.0302 All committees formed in support of the
recall have been terminated pursuant to the provisions of
the Political Reform Act;
.0303 The date the recall election is held.
1.09.070 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 during the same
election cycle 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:
.0201 The entities share the majority of members
of their boards of directors;
.0202 The entities are owned or controlled by
the same majority shareholder or shareholders;
.0203 The entities are in a parent -subsidiary
relationship.
.030 An individual and any partnership in which the
individual is a general partner, or an individual and any
corporation in which the individual owns a controlling
interest (fifty percent or more), or an individual and any
business entity in which the individual has an ownership
interest and controls the decision of such business entity
in making contributions to candidates for political office,
shall be treated as one person.
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.040 Any contributions made by a committee in support
of or in opposition to a city candidate shall be aggregated
with the contributions made by any other committee in
support of or in opposition to the same city candidate if a
majority of the officers of such committees are the same
individuals. No committee shall act in concert with, or
solicit or make contributions on behalf of, any other
committee. This subsection shall not apply to treasurers
of committees if such 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.
.060 Contributions by children under eighteen years of
age shall be treated as contributions by their parent(s) or
legal guardian(s) (one-half to each parent or guardian)
unless only one parent or guardian has legal custody of
such child in which event any such contributions shall be
attributed solely to the custodial parent.
1.09.080 MULTIPLE CAMPAIGN COMMITTEES.
.010 A city candidate or elective city officer shall
have no more than one controlled committee for each city
office and such controlled committee shall have only one
bank account out of which all qualified campaign and
officeholder expenses related to that city office shall be
made; except that an elective city officer may deposit
contributions into, and pay officeholder expenses from, the
bank account of a controlled committee established for the
immediate past city election at which such officeholder was
elected to office to the extent provided in Section
1.09.055 of this Chapter.
.020 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, county, or other elective city Office, or
for opposing his or her recall. For purposes of this
section, candidacy for the same office at different city
elections shall be deemed different city offices.
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1.09.090 TRANSFERS OF FUNDS.
.010 Inter -candidate transfers.
.0101 No City candidate or elective City
officer, and no committee controlled by a City candidate or
elective City officer, shall make any contribution to any
other City candidate or elective City officer or to any
committee controlled by, supporting or opposing any other
City candidate or elective City officer.
.0102 No contribution shall be accepted by
any City candidate or elective City officer, or the
controlled committee of such candidate or officer, from any
other committee controlled by another federal, state, local
or City candidate or officeholder.
.0103 This section shall not prohibit a City
candidate or elective City officer from making a
contribution from his or her own personal funds to his or
her own candidacy or to the candidacy of any other
candidate for elective City office, subject to the
limitations set forth in Section 1.09.050.
.020 Intra -candidate transfers.
.0201 A City candidate or elective City
officer may make a one-time only transfer of funds from his
or her controlled committee for an elective federal, state,
local or City office (the `transferor committee') to his or
her controlled committee for a different City office (the
`transferee committee) subject to the contribution limits
set forth in this chapter. Contributions originally made
to the transferor committee shall be transferred to the
transferee committee on a `last in - first out' basis.
Each transferred contribution, when combined with all other
contributions received by the candidate or officeholder,
and his or her controlled committee, from that contributor
during the election cycle in which the funds are
transferred, shall be subject to the contributions
limitations of this chapter. Transferred contributions
shall be deemed contributions made to the transferee
committee in the election cycle in which such contributions
are received by the transferee committee.
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.0202 The term "election cycle" as used
in this section shall mean the applicable period described
in Section 1.09.060.
.0203 Any transfer of funds must be
accompanied by a report disclosing the name, address,
occupation and employer, and amount of contribution being
transferred, for each person whose contributions or a
portion thereof are being transferred (the "Transfer
Report"). Said Transfer Report shall be prepared by the
treasurer of the transferor committee and a copy thereof
shall be submitted to the treasurer of the transferee
committee at the time such contributions are transferred.
A copy of the transfer report shall be filed with the
campaign statement required to be filed by such transferee
committee under the provisions of the Political Reform Act
which campaign statement covers the period during which the
transferred funds were received by the transferee
committee.
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 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.
.030 Extensions of credit (other than loans pursuant
to Section 1.09.100.020) for a period of more than thirty
days are subject to the contribution limitations of this
chapter.
.040 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.
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1.09.110 FUNDS, PROPERTY, GOODS OR SERVICES 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 travel expenses related to
holding public office shall be excluded from the provisions
of this section.
1.09.115 DISCLOSURE OF OCCUPATION AND EMPLOYER.
.010 No contribution(s) from any person cumulating to
one hundred dollars ($100) or more during any election
cycle shall be deposited into a campaign bank account of
any city candidate or elective city officer, or his or her
controlled committee, unless the disclosure information
required by the Political Reform Act, including the name,
address, and, if an individual, the occupation and employer
of the contributor or, if self-employed, the name of the
business under which the individual is self-employed, is on
file in the records of the recipient of the contribution.
Said disclosure information shall be included in the
campaign disclosure statement in which the contribution is
reported.
.020 In the event the required disclosure information
is not obtained by the end of the next campaign disclosure
statement filing period, the contribution shall be returned
to the contributor. If the whereabouts of the contributor
cannot be ascertained, the contribution shall be deposited
in the City General Fund or transferred to a charity that
is exempt from taxation under Section 501(c)(3) of the
Internal Revenue Code.
1.09.120 REPORTING OF CUMULATIVE CONTRIBUTIONS.
The cumulative amount of contributions which exceed
$100 during an election cycle shall be reported for each
contributor who made contributions during the current
reporting period. Such cumulative amounts shall be
reported on Schedule A of Form 460, or any successor form
thereto, as prepared by the Fair Political Practices
Commission, if the candidate or controlled committee is
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required to use such form, or shall be reported on a
separate schedule appended to the required campaign
statement. The term "election cycle" as used in this
section shall mean the applicable period described in
Section 1.09.060 of this chapter.
1.09.121 FILING OF AMENDMENTS TO CAMPAIGN STATEMENTS.
Upon written notification by the City Clerk that
amendment of a previously filed campaign statement is
required, said amendment shall be filed with the City
no later than thirty (30) calendar days following the
of the notification.
1.09.122 TIMELY RETURN OF EXCESS CONTRIBUTIONS.
an
Clerk
date
That portion of contributions accepted in excess of
the limitations imposed by this Chapter shall be returned
to the donor within fourteen (14) days of their discovery.
A written notification showing the donor's name, the amount
returned, and the date of the return shall be provided to
the City Clerk within seventy-two (72) hours after such
return.
1.09.123 FILING OF POST-ELECTION CAMPAIGN STATEMENTS.
A post-election Campaign Statement Form 460, or
successor form, shall be filed by all City candidates
running in any City election. This post-election statement
shall cover the period from the last pre-election statement
through the tenth day following the election, and shall be
filed with the City Clerk no later than fifteen days
following the date of the election.
1.09.130 ENFORCEMENT OF CHAPTER.
.010 No Criminal Penalties. Notwithstanding any other
provision of the Anaheim Municipal Code, including without
limitation the provisions of Section 1.01.370 of said Code,
any violation of any provision of this chapter shall be
enforceable solely as provided in this section.
.020 Civil Liability. Any
otherwise fails to comply with
of this chapter shall be liable
sum not to exceed the following
violation:
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person who violates or
any provision or requirement
to the City of Anaheim in a
amount for each such
.0201 For the making or accepting of any
contribution in excess of the applicable contribution
limits specified in this chapter, a sum equal to three (3)
times the amount by which the contribution exceeds the
applicable contribution limit, or the sum of twenty-five
hundred dollars ($2,500), whichever is greater, for each
violation.
.0202 For any other violation of this
chapter, the sum of five hundred dollars ($500) for each
violation; provided, however, that the maximum fine for
each violation of any provision of Section 1.09.121 of this
chapter shall be the sum of one hundred dollars ($100) per
day up to a total of five hundred dollars ($500), and the
maximum fine for each violation of any provision of Section
1.09.122 of this chapter shall be the sum of one hundred
dollars ($100).
.030 Debt Owing to City. Any amount due from any
person pursuant to subsection .020 above shall be a debt
due and owing upon demand to the General Fund of the City
of Anaheim.
.040 Civil Action to Collect Debt and Obtain Other
Relief. The City Attorney of the City of Anaheim may file
and prosecute a civil action in municipal or superior
court, to recover any amounts) due and owing to the City
of Anaheim by any person pursuant to this section, or to
enjoin any violation or otherwise compel compliance with
the requirements of this chapter. In the event of any
civil action within the jurisdiction amount of the small
claims court, the City Council may designate the person to
bring such action.
.050 Limitation of Actions. No civil action shall be
brought under the provisions of this section unless said
action is filed within two (2) years following the date of
such violation.
.060 Reliance Upon Advice. The City Attorney shall
have the authority to make interpretations of the
provisions of this chapter. Good faith reliance upon the
written advice provided to any person by the City Attorney
concerning any provision of this chapter shall be a
complete defense to any civil action which otherwise could
be maintained under this chapter.
17
.070 Remedial Measures. If the City Attorney
determines or believes that any person (the "target party")
has violated any provision of this chapter, the City
Attorney may, at his or her sole discretion, advise the
target party of remedial measures which may be taken by the
target party to avoid possible civil action (the "Remedial
Measures"). Such Remedial Measures may, but need not
necessarily, include the payment of a civil fine to the
City. Nothing contained herein shall be deemed to require
the City Attorney to offer Remedial Measures to any target
party. In the event the target party is offered and timely
performs such Remedial Measures to the satisfaction of the
City Attorney, the City Attorney shall advise the target
party (and any person who, in writing, informed or
complained to the City Attorney concerning any such
violation), in writing, that the alleged violation has been
resolved (the "Letter of Resolution") and, in such event,
no civil action shall thereafter be filed or maintained
relating to such alleged violation of this chapter.
.080 City Attorney Designee. The term "City Attorney"
as used in this chapter shall include any person designated
by the City Attorney or the City Council to act on his or
her behalf due to a conflict of interest or for any other
reason.
1.09.140 APPLICABILITY OF OTHER LAWS.
Nothing in this chapter shall exempt any person from
applicable provisions of any other laws of this state or
jurisdiction or be interpreted in a manner which would
restrict or conflict with the power of the City Council to
control all legal business and proceedings of the City
pursuant to Section 703 of the Anaheim City Charter.
1.09.150 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.
WR
1.09.160 INTERPRETATION OF CHAPTER.
This chapter should be liberally construed to
accomplish its purpose."
SECTION 2. PENALTIES.
The exclusive penalties for violation of any
provision of this ordinance shall be as set forth in
Section 1.09.130 of the Anaheim Municipal Code.
SECTION 3. SEVERABILITY.
The City Council of the City of Anaheim hereby
declares that should any section, subsection, paragraph,
sentence, phrase or word of this ordinance be declared for
any reason to be invalid or unenforceable, it is the
express intent of the City Council that it would have
adopted all other portions of this ordinance independent of
the elimination herefrom of any such portion as may be
declared invalid.
SECTION 4. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal
or amendment of any other ordinance of this City shall in
any manner affect the civil liability or recovery for
violations of ordinances, which violations were committed
prior to the adoption of this ordinance, nor be construed
as a waiver of any penalty applicable to any violations
thereof. The provisions of this ordinance, insofar as such
provisions are substantially the same as ordinance
provisions previously adopted by the City relating to the
same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE is appro ed and ado ted by the
City Council of the City of Anaheim is 20th of
lvay , 2003.
MAYOR OF THE f TY OF ANAHEIM
ATTFST: t
ITY CL RK OIF THE CITY OF ANAHEIM
48759.2
19
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5858 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 13th day of May, 2003, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 20th day of May, 2003, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez
NOES: MAYOR/COUNCIL MEMBERS: McCracken, Hernandez
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
CITY CLERK OF HE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Anaheim Bulletin , a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on
December 28, 1951, Case No. A-21021 in and
for the City of Anaheim, County of Orange,
State of California; that the notice, of which the
annexed is a true printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
May 29, 2003
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct':
Executed at Santa Ana, Orange County,
California, on
Date: May 29, 2003
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
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