HomeMy WebLinkAboutOrd 2002ORDINANCE NO. 2002
AN ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 2.26 TO TITLE 2 OF
THE BURLINGAME MUNICIPAL CODE AUTHORIZING ELECTRONIC AND PAPER
METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS; CEQA
DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378,
15601 (B)(3)
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, except those whose contributions and expenditures each
total less than two thousand dollars ($2,000) in a calendar year, to file such statements, reports,
or other documents online or electronically with the City Clerk; and
WHEREAS, the City Clerk has identified and proposed a web -based system that compiles
the requirements of Government Code Section 84615; and
WHEREAS, adoption of an ordinance pursuant to Government Code Section 84615
requires the City Council to make a finding that the City Clerk's proposed web -based system
contains multiple safeguards to protect the integrity and security of the data, and will operate
securely and effectively and will not unduly burden filers; and
WHEREAS, the software of the City Clerk's proposed web -based system has been
certified by the Secretary of State and meets the requirements set by Government Code Section
84615; and
WHEREAS, the City Clerk will operate the electronic filing system in compliance with the
requirements of California Government Code Section 84615 and any other applicable laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Section 1. 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. Pursuant to Government Code Section 84615, the City Council finds and
determines that the City Clerk's proposed web -based system contains multiple
safeguards to protect the integrity and security of the data, and will operate securely
and effectively and will not unduly burden filers.
Section 3. New Chapter 2.26, "Electronic Filing of Campaign Disclosure Information,"
is added to Title 2 of the Burlingame Municipal Code to read as follows:
"CHAPTER 2.26 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE INFORMATION
Sections:
02.26.010 Required Use of Electronic Filing System.
02.26.020 Paper Filing Not Required After Electronic Filing.
02.26.030 Internet Posting of Data.
02.26.040 Records Retention.
Section 02.26.010 Required Use of Electronic Filing System.
(A) Except as set forth in subsection B of this Section 02.26.010, any elected officer,
candidate, committee, or other person required to file specified statements, reports,
forms, or other documents with the City Clerk as required by Chapter 4 (commencing
with Section 84100 of Title 9 of the California Government Code, also known as the
Political Reform Act), and that has received contributions or made expenditures of
$2,000 or more in a calendar year, may electronically file such statement using the
City's online filing system according to procedures established by the City Clerk.
(B) An elected officer, candidate, committee, or other person may choose not to use the
electronic filing system by filing original statements, reports, forms, or other documents
in paper format with the City Clerk.
(C) 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.
(D) The online or electronic filing system shall accept a filing in the standardized record
format pursuant to Government Code Section 84615(b).
Section 02.26.020 Paper Filing Not Required After Electronic Filing. Any elected officer,
candidate, committee, or other person who has electronically filed a statement, report, form, or
other document using the City's online system is not also required to file a copy of that document
in a paper format with the City Clerk.
Section 02.26.030 Internet Posting of Data. Pursuant to Government Code Section 84616,
the City Clerk shall ensure that the City's system makes all electronically -filed statements, reports,
forms, or other documents available on the internet 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/deadline. The data made available on the internet 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 numbers required to be disclosed by the filer. The
City Clerk's office shall also make a complete, unredacted copy of the statement, report, form, or
other document available to the Fair Political Practices Commission for Government Code Section
87200 filers.
Section 02.26.040 Records Retention. The City Clerk's office shall maintain records
according to the City's records retention schedule and applicable State law commencing from the
date filed, a secured, official version of each online or electronic statement, report, form, or other
document, which shall serve as the official version of that record."
Section 4. CEQA Determination. This Ordinance is not subject to the California
Environmental Quality Act (CEQA) because it is not a "project" within the meaning of Section
15378 of the State CEQA Guidelines, since there is no potential of the Ordinance to result in direct
or indirect physical change to the environment. In addition, the ordinance is not subject to CEQA
pursuant to State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there
is no possibility the Ordinance may have a significant effect on the environment.
Section 5. 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 become effective 30 days after 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
61h day of December 2021, and adopted thereafter at a regular meeting on the 201h day of
December, 2021, by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Meag ss -Shearer, City Clerk