HomeMy WebLinkAboutOrd 2001ORDINANCE NO. 2001
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 2.25. OF
TITLE 2 OF THE BURLINGAME MUNICIPAL CODE REGARDING LIMITS ON
CAMPAIGN CONTRIBUTIONS; CEQA DETERMINATION: EXEMPT PURSUANT TO
STATE CEQA GUIDELINES SECTIONS 15378,15061 (b)(3)
WHEREAS, the City adopted provisions governing campaign contributions to any
City Council candidate or to any Council candidate -controlled committee in 2007 and
codified in Chapter 2.25 of Title 2 of the Burlingame Municipal Code; and
WHEREAS, in 2007, the contribution limits were set as follows:
• A candidate or controlled committee for a candidate can receive up to
$500 in an election cycle from an individual
• A candidate or controlled committee for a candidate can receive up to
$1,000 in an election cycle from an organization; and
WHEREAS, the contribution limits were automatically adjusted by the Finance
Director on March 1 of each even -numbered year to be the product obtained by multiplying
the maximum amount specified in this section by a fraction, the numerator of which is the
CPI -U, published for the month of December immediately prior to that March 1, and the
denominator of which is the CPI -U, published for December, 2006; and
WHEREAS, beginning in 2022, City Council elections will no longer be conducted
at -large and instead, Councilmembers will be elected by -district, with each council seat
election encompassing approximately 20% of the City's population; and
WHEREAS, as a result of the decreased population that candidates must
campaign to and because the City is committed to open and fair processes, this Ordinance
is intended to establish fair contribution limits that will reduce any actual or perceived
influence of contributions on City officials while ensuring that candidates can raise the
money necessary to conduct effective campaigns for office; and
WHEREAS, to create transparency in Council campaigns, this Ordinance
establishes equal limits for individuals and organizations, and lowers the threshold for
reporting contributions; and
WHEREAS, to encourage a diversity of candidates and create an equal playing
field, this Ordinance establishes a voluntary expenditure limit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
i n J.. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the
public interest.
Section 3. Chapter 2.25 of Title 2 of the Burlingame Municipal Code is amended
as follows. Additions are reflected by underlined text and deletions with etr+keout i4.
Section 2.25.010 Definitions.
(a) Unless a term is specifically defined in this chapter, the definitions set forth in
Chapter 2, "Definitions," of the State Political Reform Act (Section 82000 et seq.
of the Government Code) shall govern the interpretation of the provisions of this
chapter. The follewiRg weFds have the fnlIewiwhen used in OF in
GGRR8GtiGR With the PF0V16*9R6 of this Ghapter-.
(1) "Candidate" means a candidate for an elective city office.
(2) "Controlled committee" means a controlled committee controlled directly or
indirectly by a candidate for elective city office or that acts jointly with a
candidate for elective city office or another controlled committee in connection
with the making of expenditures
(3) "Election period" means the following:
(A) Except as further limited by subsections (B), (C), and (D) of this
subsection, for a candidate or controlled committee in a general
municipal election, "election period" means the period beginning on
January 1 st after the last general or special municipal election for the
affected office seat and ending on December 31st following the next
general municipal election for the particular office seat. This election
period is normally four (4) years.
(B) For a candidate or controlled committee in a special municipal election
held to fill a vacancy in an elective city office, "election period" means
the period beginning on the day the vacancy in office began and
ending on the December 31st following the special municipal election;
provided, however, that for a candidate at the special municipal
election who established a controlled committee for the office or
accepted contributions before the vacancy occurred, the election
period means the period beginning on January 1st following the last
general municipal election for the particular office seat affected by the
vacancy and ending on the December 31st following the special
election.
(C) For a candidate or a controlled committee in a special municipal
election held to recall an elected city officer, including the elected
official who is the subject of the recall election, "election period" means
the period beginning on the date that the notice of intention to circulate
a recall petition is filed with the city clerk pursuant to the Elections
Code and ending on the December 31st following the special
municipal election; provided, however, that for any candidate at the
special municipal election who established a controlled committee or
accepted contributions for the office before the vacancy occurred, the
election period means the period beginning on January 1 st following
the last general municipal election for the particular office affected by
the vacancy and ending on the December 31st following the special
municipal election.
(D) For a candidate who is recalled at a special municipal election or who
is not elected at a general or special municipal election and for a
controlled committee for such a candidate, "election period" begins
again on the January 1 st following the election at which the candidate
was recalled or not elected and ends on the December 31 st following
the next general or special municipal election at which the person is a
candidate again.
(4) "Individual" means a natural person.
(5) "Organization" means a partnership, joint venture, syndicate, business trust,
company, corporation, limited liability company, association, committee, and
any other organization or group of persons acting in concert.
(b) Contributions, in-kind contributions, and gifts of service are regulated by the
Political Reform Act of 1974 and Title 2, Division 6 of the California Code of
Regulations.
all weFds and phrases On this
hapter shall have the come ni and be ' Rternreted aGGGFd'Rg to the
upccsr— ar-�-c� same
(Government Code Sedon 81000 and following), and the d8fiRitiens and
as ameRde4-.
Section 2.25.424 Limits on contributions.
(a) It is unlawful for any individual to make contributions to any single candidate or to
any single controlled committee totaling more than five
three hundred and fifty dollars ($350.00) in an election period.
(b) It is unlawful for any organization to make contributions to any single candidate
or to any single controlled committee totaling more than GRe thousand della Fs
($000.00) three hundred and fifty dollars ($350.00) in an election period.
(c) It is unlawful for any candidate or controlled committee to accept contributions
from any individual totaling more than three
hundred and fifty dollars ($350.00) in an election period.
(d) It is unlawful for any candidate or controlled committee to accept contributions
from any organization totaling more than three
hundred and fifty_ dollars_( 350.00) in an election period.
(e) The maximum amounts specified in this section shall be automatically adjusted
bytho finanno director on_Maroh 11 of narh even numbered year to be the pred Eno
}ain8dhiMW}inlyrr n�the vim err amount c ecifiied is On this section hip a-
fFmn#i�_t ii
nmerr�ater of Whirh 06the lRdex as d-refiRedOR thiG S bSeGtinn
i ihlished for the month of Decern her immedlatelyi prier }e that it Aarnh 1st annd4he
. the city clerk
each odd -numbered year. The new amount will be adopted by resolution of the
City Council to take effect on January 1 of each even -numbered year, beginning
on January 1, 2024. The contribution limit will be increased by $25.00 every two
years thereafter.
Section 2.25.030 LFm;*^{�Rt-on on repayment of personal {ease Anonymous_
contributions
Notwithstanding Government Code section 84211 no person shall make an anon mous
contribution or contributions to a candidate or a controlled committee totaling fifty dollars
($50.00) or more in an election period.
Section 2.25.040 Disclosure in campaign statements.
Each campaign statement required to be filed by Article 2 of Chapter 4 of the Political
Reform Act of 1974, shall contain, in addition to any other required information:
(a) The total dollar amount of contributions received during the period covered by
the campaign statements from persons who have given less than $50.00.
(b) The full name of each person from whom a contribution or contributions
totaling fifty dollars ($50.00) and above has been received, together with the
contributor's street address, occupation, and the name of the contributor's
employer, if any, or the principal place of business if the contributor is self-
employed, the amount of the contribution, and _the _ date the contribution was
received.
Section 2.25.050 Voluntary campaign expenditure limits and penalties:
(a) Each candidate for election to the City Council in November 2022, and for
each City Council election thereafter, shall prior to the time they file their
nomination papers with the city clerk, advise the city clerk in writing on a form
provided by the City whether or not the candidate will opt to voluntarily limit
their campaign expenditures in accordance with the voluntary campaign
expenditure limits set forth_ in this section and by resolution. The agreement
to voluntarily limit campaign expenditures shall pertain to all expenditures
incurred by the candidate or the candidate's committee in support of their
candidacy and shall include all such expenditures that a candidate or
candidate's committee is re uired to report pursuant to the California Political
Reform Act of 1974, as amended,_ whether those expenditures are made
before or after the filing of nomination papers.
(b) Withdrawal Period: within three (3) business days after the deadline to file
nomination papers with the city clerk, a candidate that previously accepted
the voluntary campaign expenditure limit will have one (1) opportunity to notify
the city clerk that they have decided not to accept the voluntary campaign
expenditure limit. The candidate shall thereafter be relieved of abiding by the
expenditure limit.
(c) Candidates who agree to abide by the voluntary campaign expenditure limit
shall receive the following benefits and incentives at no cost to themselves:
(1) The City's website will clearly identify which candidates have agreed
to the voluntary expenditure limit
(2) The City will publish on social media and in the eNews which
candidates have agreed to the voluntary expenditure limit. This will
be published twice once at the next eNews publishing after the
withdrawal period and once when the ballots are mailed to residents.)
(3) The City will publish Chinese, English, and Spanish notices in
newspapers of general circulation the candidates whoa reed to the
voluntary expenditure limit.
(d) Calculation of Voluntary Expenditure Limit:
(1) A candidate for district City Councilmember who voluntarily agrees to
expenditure ceilings shall not make qualified expenditures exceeding five
dollars ($5.00) per resident in the electoral district for each election in
which the candidate is seeking elective office. Residency of each
electoral district shall be determined by the latest decennial census
population figures available for that district. The city clerk shall publish
the expenditure limit by resolution at the last meeting of each odd -year
that will take effect on the first day of January in the even -numbered year
beginning January 1,_2024.
(2) The voluntary expenditure limit for the November 2022 election is thirty
thousand dollars ($30,000).
(3) Beginning in December 2025, the city clerk shall in odd -numbered years
increase the expenditure ceiling amounts by twenty-five cents ($ 0.25) per
resident. The City Council shall adopt the expenditure limit by resolution
at the last meeting of each odd -numbered year.
(4) The voluntary campaign expenditure limit called for by this section shall
include any expenditures made by the candidate or by the candidate's
campaign committee in connection with the preparation and publication of
the candidate's statement of qualifications in the sample ballot pamphlet
published in accordance with California Elections Code Section 13307.
(e) Penalties: Any violation of this section, including the filing of false reports that
entitle the candidate to the benefits conferred by this section, shall within
seventy-two (72) hours of the City's knowledge of the violation:
(1) Be forwarded to newspapers of general circulation in Chinese,
English, and Spanish forpublication: and
(2) Be posted on the City's website; and
(3) Be posted in the City's eN_ews and social media accounts
Section 2.25.060 Limitations on repayment of personal loans.
Following the date of the election for which a candidate is seeking elective office, it is
unlawful for the candidate to repay themselves or for any controlled committee to repay
the candidate from contributions to the candidate or the controlled committee for any loan
amount incurred during that election's election period by the candidate in excess of
twelve thousand dollars 12,000.00).
Section 2.25.070 Penalties
Pursuant to Burlingame Municipal Code Section 1.12 the enforcement of violations of
the provisions of this chapter, excluding Section 2.25.050, may be prosecuted as an
infraction or misdemeanor.
(a) Prosecution. Every violation of this chapter shall be a misdemeanorm
provided, however, that where the prosecutor has determined that such action
would be in the best interest of justice, the prosecutor may specify in the
accusatory pleading or citation that the violation shall be prosecuted as an
infraction.
(b) Infraction/Misdemeanor. Any person who violates any of the provisions of
this chapter shall be guilty of an infraction or misdemeanor, punishable as
provided in Chapter 1.12 of the Burlingame Municipal Code.
Section 4. The City Council finds and determines this Ordinance is exempt from
CEQA, in that this Ordinance is not a "Project" as provided in state CEQA Guidelines
section 15389. Furthermore the City Council finds and determines this Ordinance is
exempt from CEQA pursuant to state CEQA Guidelines section 15061(b)(3), as it can be
seen with certainty that there is no possibility the Ordinance will have a significant effect
on the environment.
Section . If any section, subsection, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining
portion or sections of the Ordinance. The City Council of the City of Burlingame hereby
declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional.
Section 6. This Ordinance shall go into effect 30 days following its adoption. The
City Clerk is directed to publish this ordinance in a manner required by law.
Section 7. Section 3 of this Ordinance shall be codified in the Burlingame
Municipal Code. Sections 1, 2, 4, 5, 6, and 7 shall not be so codified.
Ann O'Brien Keighran, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a public hearing at a regular meeting of the City Council held
on the day of 61h of December, 2021, and adopted thereafter on the 20th day of December,
2021, by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
eaghan kAssel-Shearer, City Clerk