HomeMy WebLinkAboutCC 22 CAMPAIGN CONT'S 11-07-94Ae ENDA___
NO. 22
Inter-Corn
..,ATE:
NOVEMBER 7, 1994
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
CAMPAIGN CONTRIBUTION LIMITS
Attached is a memorandum from the City Attorney
Tem Potts' request that an ordinance placing
contributions be considered by the city Council.
related to Mayor Pro
limits on campaign
Also included for Council review are the current ordinance (Chapter 4)
and a proposed ordinance from the City of Irvine. A task force has
been formed to work on the proposed ordinance and is tentatively
~cheduled to present their first draft to the Irvine City Council
sometime in December.
Valerie Crabill
Chief Deputy City Clerk
LSENDA____
Inter-Com
October 20, 1994
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
LOIS E. JEFFREY, CITY ATTORNEY
ORDINANCE PLACING LIMITATIONS ON CAMPAIGN CONTRIBUTIONS
Recomme__ndation
Pleasure of the City Council. Further direction is requested
if the City Council wishes to consider such an ordinance.
Backrog_~gD_D_~d
Mayor Pro Tem Ports has requested that an ordinance placing
limits on campaign contributions in municipal elections be consid-
ered by the City Council. This could include a limitation on
contributions to candidates, to candidate controlled committees,
and/or to independent committees. The amount of the limitation on
contributions could vary, depending on City Council direction. In
addition, the City Council could prefer different penalties for
violation, i.e., (1) disqualify self from participation (like "Tin
Cup" or Levine Act), or (2) misdemeanor infraction. Local
ordinances vary in their approach, so there is not a model, per se
to bring forward for consideration.
If the Council desires that such an ordinance be prepared for
their consideration, it would be helpful to have additional
direction as to whether the ordinance should cover all three types
of contributions described above, and if there is any preference at
this time on the limitation amounts or the penalties.
Finally, it is my understanding that within the last two years
an interested group of citizens drafted such an ordinance for City
Council consideration. I have no problem working with this group
on a draft o__r reviewing an ordinance that the group prepares.
Direction from the City Council on preparation of a draft would
also be appreciated.
LEJ: cas :D: 10/20/94: (T130)
cc: Valerie Crabill, Chief Deputy City Clerk
CITY COUNCIL
CHAPTER 4. CAMPAIGN REFORM
Sec. i.B-401. Purpose.
The purpose of this chapter is to ensure an en-
vironment in the City of Irwine wherein all can-
didates for elective office are placed on an equal
plane relative to the amount of campaign contri-
butions received by them, and further to ensure
that the amount contributed by any person does
not materially influence the outcome of any elec-
tion. To achieve this purpose, this chapter im-
poses a mmdmum limitation on the amount of
campaign contributions which may be received
from a single source for an election campaign. (Ord.
No. 202, § 1, 12-13-77)
Sec. I.B-402. Relation to Political Reform Act
of 1974.
This chapter is intended to be a supplement to
and in no way in conflict with the Political Re-
form Act of 1974. Unless otherwise defined in this
chapter, words and phrases shall have the same
meaning here as that given to them by title 9 of
the California Government Code. (Ord. No. 202, §
1, 12-13.77)
Sec. I.B-403. Campaign contributions-I,imi-
tations.
(a) No person other than the candidate shall
make, and no campaign treasurer shall solicit or
accept, any contribution which will cause the total
amount contributed by such person in any elec-
tion cycle in support of or in opposition to a can-
didate in a city election, to exceed one hundred
eighty dollars ($180.00).
(b) For the purposes of this chapter, contribu-
tions to political groups or committees controlled
by a candidate shall be deemed to be a contribu-
tion in support of the candidate.
(c) The word "person" as used in subsection (a)
of this section shall include corporations, non-
profit corporations, associations and partnerships,
political action groups, clubs and committees.
(d) The term "election cycle" as used in subsec-
tion (a) of this section and in section I.B-404 shall
mean as follows:
(1) For purposes of a candidate for the office of
mayor of the city, the term "election cycle"
shall mean any two-year period com-
mencing on January I, following a city elec-
tion for the office of mayor, and concluding
on December 31 the next succeeding city
election for the office of mayor.
(2) For purposes of a candidate for the office of
member of the city council of the city, the
term "election cycle" shall mean any four-
year period commencing on January 1, fol-
lowing a city election for the office ora coun-
cilmember and concluding on December 31,
of the next succeeding city election for such
office.
(Ord. No. 202, § 1, 12-13-77; Ord. No. 237, §§ 1, 2,
3-13-79; Initiative Ord. No. 81-1, § 1, 11-3-81; Ini-
tiative Ord. No. 87-1, § 1, 11-3-87; Ord. No. 92-11,
§ 1, 7-14.92)
Editor's note-Initiative Ord. No. 81-1 wu adopted at an
election held Nov. 3, 1981, a~ certified by the board of ~uper.
visors Nov. 17, 1981, effective Nov. 27, 1981. Initiative Ord.
No. 87-1 was adopted at an election held Nov. 3, 1987, as
certified by the board of ~upervisors Nov. 9, 1987, effective
Jan. 1, 1988.
Sec. I.B-404. Same-Annual adjustment.
The campaign contribution limitation set forth
in section I.B-403(a) shall be adjusted at the be-
ginning of each election cycle as follows:
The base for computing the adjustment is the
consumer price index (all items) for the Los
Angeles-Anaheim-Riverside area, published by
the United States Department of Labor, Bu-
reau of Labor Statistics ("index"), which is pub-
lished for the month of November, 1992 ("be-
ginning index"). If the index published for
November at the beginning of each election cycle
("adjustment index") is greater or less than the
beginning index, the maximum campaign con-
tribution limitation for any election occurring
subsequent thereto shall be set by multiplying
the maximum campaign contribution set forth
in this chapter by a fraction, the numerator of
which is the adjustment index and the dehorn-
inator of which is the beginning index and
rounding the resultant figure to the nearest ten
dollars ($10.00).
If the index is changed so that the base year
differs from that used in the beginning index,
the index shall be converted in accordance with
the conversion factor published by the United
Sup~ No. 42 171
§ I.P.404 IRVINE CODE
S~ates Department of Labor, Bureau of Labor
Statistics. If the index is discontinued or re-
vised during the term, such other government
index or computation with Which it is replaced
shall be used in order to obtain substantially
the same results as wo~ld be obtained if the
index had not been discontinued or revised.
(Ord. No. 202, § 1, 12-13-77; Ord. No. 237, § 3,
3-13-79; Initiative Ord. No. 81-1, § 2, 11-3-81; Ini-
tiative Ord. No. 87-1, § 2, 11-3-87; Ord. No. 92-11,
§ 2, 7-14-92)
Editor~! note--Initiative Ord. No. 81-1 was adopted at an
election held Nov. 3, 1981, as certified by the board of super-
visors Nov. 17, 1981, effective Nov. 27, 1981. Initiative Ord.
Hov. 87-1 was adopted at an election held Nov. 3, 1987, as
certified by the board of supervisors Nov. 9, 1987, effective
Jan. 1, 1988.
Sec. LB-405. Campaign disclosure.
In addition to and as a supplement to the r~
quirements of Government Code section 84200 re-
garding the time for Frling campaign statements,
each candidate for the office of city council shall
tile one (1) original and one copy of the campaign
statements in the manner required by the Pclit-
ical Reform Act of 1974 with the city clerk on
12:00 noon the Friday before the Tuesday of the
municipal election, detailing all contributions re-
ceived and expenditures made towards his/her
election through and including midnight of the
Wednesday immediately preceding the election.
(Ord. No. 202, § 1, 12-13-77)
Sec. LB-406. Severability.
If any provision of this chapter, or the appl.ica-
tion to any person or ciro~m~tances is held in-
valid, the validity of the remnlnder of the division
and the applicability of such provisions to other
persons and circumstances shall not be affected
thereby. (Ord. No. 202, § 1, 12-13-77)
{The next page is 271]
Supp. No. 42 172
- ORDINANCE NO.
AN ORDINANCE OF Ta~: CITY COUNCIL 'OF ':'~E CITY OF iRVII{E
AMENDING C~A~TER 4 OF DIVISION B OF TITLE I OF THE IRVINE
CITY CODE, R~LATING TO CAHPAIGN REFORM
The City Council of the City of irvine DOES HEREBY CRDAIN as
follows:
~J~--~. Chapter 4
Division B of Title-I of
repealed.
(Sections 401 through 406, inclusive) of
the Irvine Code of Ordinances is her~b~
~--~- Chapter 4 of Division B of Title
Code of Ordinances i~ hereby added, as follows:
Sec. I.B-401. ~ame.
· ~nis chapter shall be known and .may be cited as the City of
ii-vine Campaign Reform Law.
Sec. I.B~402. Purpose.
!a) The purpose of this chapter is to ensure an envirorm~_~t
in the Sity of irvine wherein all c~ndidaces for elective office
are placed on an e~al plane relative to the amount of campaign
contrihutlons received by them, and further to ensure ~ha6 the
~moun~ contributed by any person does ' - ~ -
. ~ not ma~ermal~y Ln~luence the
~utccme ~f any election. To achieve this ~urpose, this chapter
imposes ~ mm~xmmum limiuauion on the -3Jaoun~ Df campaign
io~trlh~io~s which m~v be received from a sin=ie Scurse for an
eiect~un campaign. ' -
s; The purpose of this chapter is further to ensure :hat the
financlai strengt~ of certain ind~viduais or organizations does not
permit them to exercise a disproportionate or cOntroiiinc influence
on the election of candidates %or Ci~ ~- ~-= ~ _ ~ . ,
puruose. ~his cn .... ~ ~- . . -. ~ ~rf ..... o =cn~eve ~hls
~ ~=- ~ oeslqne~ to reGuce ~e influence cf iar~e
~ontr~hutlons, co orovide chat muitiDle conurLbut±ons Ln excess ~f
zhe con~r!bution ~imlts do hOC ori=~nate from the same source of
funds, 5u allow individuals and interest croups to conutnue zo have
a fair and e.~uai opportunzcy co parulc!pate in eiec~nq City
candidates, and co maintain punlic ~rust in ~overr~ental
institutlcns and the electoral process.
Sec. I.B-403. Relation to Political Reform Act.
This chapter is intended to be a supplement to and in no way
be in conflict with the Poiiuicai ~efo---m, Act. Unless otherwise
defined in ~his chapter, words and phrases shall have the same
meaning here as ~hat~given to them by the Poliuical Reform Act.
£ec. ~.B-404. Definitions.
:~ 'City Atscrney" shall mean h _ _~m..~_
-' t e uerson cr fi_.. desianaued
such. tuner legal.counsel as may be appointed by the Cit-! Council,
~n any ~ns=ance in which such matter is referred ts, and accepted
Sy, such Disur!cz Attorney cr other legal counsel.
~) "City candidate" shall mean any person who is a candidate
for the office of mayor or member of the city council of the city.
c) "Election cycle" shall mean as follows:
(1) For purposes of a candidate for the office of mayor
of the city, the ~erm "election cycle" shall mean any
~wo-year period coa~encing on January 1 following a city
election for the office of mayor, and concluding on
December 31 following the next succeeding city election
for the office of mayor.
(2) For purposes of a candidaue for ~he office of member
of the city council of the city, the term "election
cycle" shall mean any four-year period commencing on
January i following a city election for the office of a
councilmember and concluding on December 31 following the
next succeeding city election for such office.
~3) For purposes of a special election for the office of
.mayor or a memDer of the ciny council of the city, the
term "election cycle" shall mean any period commencing on
the da~e on which ~he city council calls a special
e!ec~ion and concluding on the uennh day f~ilowing the
date of 5hat special election.
4) For purposes of a recall eiecti~n. :he 5erm
'e!ec=ion cycle" shall mean any perLod c~mmenc~ng UDOn
zhe earlier of ~a) ~he date on which a commistee has b~en
formed pursuant ~o State law in support sf a recall
e!ecuion, or ~b) the daze cn which the city clerk
formally approves a recall petition for circulation and
gathering of signatures, and concluding upon the earliest
~f ix) the date cn which the recall prcpcnents are
required by State law to return signed recall petitions
to the city clerk, if ~he signed recall petiu/cns are not
returned to the city clerk, or (y) the date un which the
!as~ con~ittee formed in supporz of the recall is
iermina~ed pursuant ........ ~o State !aw, cr ~, -~ ~enth day
foliowzng nhe date of that recall eiecnlon.
d) "Elective City officer" shall mean any person who is
elected cr appointed to 5he cffice of m~yor cr meraner sf 5he city
councll of the city.
e~ "Non-elected /i~y cfficiai- means any person who is
appolnzed or designated hy the city, ur the mayor or a member of
5he ci:-F counc~!, 5o seize as a member ufa clt~ board, ccmmittee,
~r cc..-~-.,lss'1on, and who is not elected 25 ~hau poslti0n.
f) "Poiiuical Reform Act" shall mean zhe Political Reform
Ac~ cf 1974, as amended, 3overnmenu Code Secuion 81000, e_~_q~, as
it may ~e amended from uime ~o uime.
Sec. I.B-405. Contribution Limitations.
~ ~ =ion surer sna%l solicit or accept fr~ a~y
in opposition =o a City candidate to exceed one hundred u/~e~
dollars ($190.00), as adjusted in accor~a-ce with Sec=ion i.B~406.
(b) For the purposes of this chapter, a contribution to a
political group or cO~m=ttee con=roile~ by a candidate shall be
deemed zo be a contribution in support of that candidate.
(c) The contribution limitations set forth in this section
shall apply to any co~m~ittee which collects any contribution for
the purpose of making any expenditure in su~oor= of or opposition
to the recall of an elective City officer during the election cycle
for t~ha~ recall election.
(d) Any person, including any cou~nittee, ~ha= makes any
independent expenditure during an election cycle in support of or
~ppos~uion ~o ~ny City candidate, or in suppor= of or opposition to
any r~c~ll effort, shall no~ accep~ any concribu '
person ~hich, individually or ~ .... ~ - t~on .rom any
~on~rlhutions f- .~=~ ~_ ~.._~ .... . ~.~e~ Wl~h previous
-- -~u~ ~ .n~S sectlon =or that eieczion cycle.
e; The provisions of this section shall not apply uo a City
candidaue,s contribution of his or her personal funds or cor~manity
proper:y funds zo his cr her own canTgaign committee, but shall
apply ~o contributions from the separate proDer~y of a City
:andidaze,s spouse. '
i.B-406. A-~ual Adjustment of Cam~ai~m Contribution Lim/ts
The campaign contribution limitation set forth in seculon I.B-
405(ai shall be adjusted au ~he beginning of each election cycle as
follows:
a; The base for computing the adjustment shall be the
consumer price index (all items) for ~he Los Angeles-An~heim-
~ivers~de area, published by the United States Department of Labor,
Bureau of Labor Statistics ("index,,), which is published for the
month ~f November, 1994 ("beginning index.). If the index
Published for November immediately prior to each election cycle
"adjustment index") Ls greater or less unan the hegznnlng index,
the r~-xzmu~n campaign conur!buuion limiuauion for any election
occ%rr~n~ subsequent .thereto shall be set by imululplyzng the
r~xzr, um campazqn ~onur~bu~Lon set forth hn ~nlS nhapuer by a
fractlon, The numerator cf which is the adjustment Lndex and the
denominator of which is she beqinning ndex and rounding the
resultant figure uo the nearest ten dollais ($10.00).
(b) If the index is changed so that uhe base year differs
from that used in the beginning index, the index shall be conver~ed
in accordance with the conversion factor published by the United
Staues Deparrnnent of Labor, Bureau of Labor Statistics. If the
index is discontinued or revised, such other government index or
compusa=ion with which it is replaced shall be used in orde~ to
obtain substantially the same results as would be obtained if the
index had no= been discontinued or revised.
Sec. I.S-407. Ag'~rega~on oZ Con~ibu:iona.
(a) All contributions made during an election cycle by a
sponsored coa~ttee to a City candidate or to an elective City
officer (or to that candidate's or officer's controlled
shall be combined with those contributions mde by the sponsor of
the committee during that election cycle, and the combined amount
shall not exceed the contribution limits specified in section I.B-
405(a) within that election cycle.
(b)
purposes
following
Two or more entities shall be treated as one person for
of aggregating campaign contributions when any of the
circumstances apply:
(1) The persons comprising a majority of the members of
the board of directors of one entity also comprise a
majority of the members of the boards of directcr~ of the
other entity~ies;.
(2) Two or more persons serving as officers of one
entity also serve as officers of the other entity(les).
(3) The entities are owned or controlled by the same
majority shareholder or shareholders.
(4) The entities are in a
relationship.
parent-subsidiary
~c) A person and any general or limited partnership in which
the person has a 10% or greater share, or a person and any
co~orauion in which The person owns a 50% or greater interest,
shall be treated as one person.
(d) No committee which supports or opposes a City candidate
shall .have as a majority of its officers individuals who sem-ve as
~he mjority of officers on any other committee which supports or
opposes the same City candidate. No such committee shall act in
nc ~ wzu~, or soiici5 -- make
-- %~n~-=uz_~ns cn ne~aif of, an
cf a,~csmml~ee .f ~e Treasurer does not par~iulDaue in or control
- ...e_ ~e randidaue
uonErLbuuiuns, other Than ~' -- receive
...... ~= ex!pendizures. ~onurlbutlons and
. . e; A contribution bv a person ' =~ -
mln°r contributor,,3 shelf be' u .... ~uer --gn=een years of age (a
minor conLribu~n~ ,,-~ ...... ~=tutu as the con~rlbu~io~ of he
=ny person for the purpose of mak~ .... b uo~.~ece!ve~ funds from
· - ~--~ ute contrl~union or otherwise
clrcumventing the provisions of this cha
~he m~nor contributor receive~ ~---~- = pter. In the even~ ~
, ~ ~=.uu £rom an person for the pur~o~
of ~?ak~ng the contribution or o~herwise circumventing ~
provisions of .this, chapter, the contribution shall not be
as ~e contribut=on o , __ _ . =rea=ed
~o =he minor contributor.~ h ~-~u~ -.u ~rovlded such f~
Sea. I.B-408. Prohibition on Multiple Ca~.a~9~ Cmmm4t~
A City candidate or an elective City officer shall have no
more t-~anone campaign co~iU~ee for each elective City office,
suc~.~°~==ee s~ll have only one ba~
~al~:ie~ ca~i~ ~d office= ._ accost out of whi~ ~1
. .~ no~er eb~~ rela~ed co ~=
c~a~ or C~ty elective office s~ll
not d ~is section ~s
prevent a City candidate or ~ elective City officer f~
esu~lishing another C~aign co~ittee solely for the pu~ose of
~ng for a s=a~e, federal, local or other City e!eculve office.
~is section also does not ureven~ an elective City officer from
es~lishing another c~Dai~ co~iutee solely for zhe -u~ose of
oppos~n~ his cr her c~ ~ec~il.-
Sec. i-B-409. Transfers of C~ai~ F~ds.
_ . A; The transfer of any c ~' ~ -
~f~L_=o a~?t~er City candidate or elec~i~rc~v F~fu-ye
- - -unurolle~ co~zZZee, is prohibited. - ~z ~_cer or his
b) No Co~lu~ee control!ed by m City candidaue cr elecuive
C.ty .... cer s~ll ~ke any conuribuuion 'uo any ~ ~
suppcriing or ODpOSin= a
- C-~v candidate, nor ~o a~y other co~ittee
suppcrc!ng or opuosin~ a re'all of an elec-~v :~ ~-~_ .
sec~z:n shall n~ n~oh~ ...... rre C_~y ~:~-~er.
=__~_ _.5 .-- "~-"~ = contrlbucion from hi= ~- = .......
---?--=ce, or ~o any co--lite2 ....... ~ .... ~=cy -i any ocher
G ...... or uo any ~-~.--=- -- , - opposl..= a Cltv
...... ye C_~y o=fzcer. - ppos~_~ = recall of
c; N°=wiuhstandin9 Section i.B-407(d) and suDseculons (c)
and !~ of this section, a City candidate may transfer funds from
his ar her con,roiled committee for an office heid in another
-urzs~icnLon or for a different Ci~v elective~-~f~= into his cz
ker cmnnrciled ccmmln~ee for a City e!ecni-/e office, ~rc'zlded nhaz
each ~erson who contrlbutes ~o either or ~oth commm~5ees shall be
suD~ec5 Ln ~he aggregate 5o the contribunlon limlns iurln~ ~he
eiec~icn cycle in whick the contribution was made. ~
I.B-410. Loa~s to City Candidates and Elective City Officers
and Their Controlled
(a) A loan shall be considered a contribution from the maker
and any ~uaran~or of the loan and shall be subject to the
contrlbu~ion limitations of this chapter.
(b) ~very loan to a City candidate or elective City officer
or his or her controlled committee shall be by written agreem~.~=
which shall be filed wi~h the candidate's or committee,s cam~g~
statement on which the loan is firs= reported.
{c) The proceeds of a loan made to a City candidate or
eieculve City officer by a cormnercial lending instituumon in-'the
regular course of business on the same terms available ~o m-mhers
of the public shall not be subject to the contribution limita~-lons
of Chis chapter if the loan is made directly to the City canute
or elective City officer, or his or her controlled con~nittee. The
guarantors of such a loan shall read%in subject to the contribution
i/mits of this chapter.
(d) Extensions of credit, o~her nhan loans pursuant to
section ~.B-410(c), for a period of more tbao 60 days are subject
to the contribution limitations of this chapter. Notwithstanding
any other provision of ~his chapter, a City candidate cr elective
City 3fficer who has ouustanding debt and no campaign funds
remamnlng upon the conclusion of the election cycle in~which he or
she was extended credit shall not be subject ~ any of the
penaitlas set forth in this chapter for exceedin= the campaign
ccntrzku~ion !imins by reason of'his or her faiiu~e nD repa~ any
extension of credit.
'e) This section shall apply only uo loans and extensions of
credit used or intended for use for campaign purposes cr which are
otherwise connected with the holding of public office.
if) Notwithstanding any ouher provision, of this section, a
City candidate shall not loan funds, or any other 5hinq of value,
to his cr her campaign in excess of $10,000 in any election cycle.
Nothing herein shall be construed to restrict a candidate from
contributing his or her ~wn funds or assets uo his or her campaign.
I.B-411. Transmittal of Campaign Contributions Within the
Ix-vine Civic Center Come, lex.
(a; No person shall receive or personally deliver or attempt
to deliver a contribution within ~he irVine Civic Center Complex,
including its plaza, parking areas and exterior grounds.
---or _~ur~_~cses cf zhis
~-~rl~utl~n in person cr -ausl .... ~- -: of a
~ 5he u~l~e~ States m~; ,~ . ~ =~, other
~,,~-=~ cu~erclal del~v~
( 2 ) "Receive . includes =he receipt of -
contribution delivered in person. = Ca~ai~
an-NO campaign contribution shall be de osit ' '
~ ~ ..account of a City cannida~= ~ ~----P.- _e.d ~nto a
ne. ~sclosure information r~r~ ~.~.=.~_~ve~ .c.l~,y officer
contributor o--~'---~=~' occupatzou ~d
' ~S
on file in the records of =he reciDien~ o~ the
con~r~ution. For each con~r~uuion re~ired to be reported.~ the
Poii=ical Refo~ Act, ~he ~ove info'zion shall be incl~ on
~he ca~ai~ s~a~t re~ir~ to be filed by ~he Political ~o~
Act.
I.B-413. Reportin~ of Cumulative Contribut~ons.
CUmulative contributions from each contributor Zotailing $100
or more in an election cycle shall be i~emized and reDor=_=d on each
campaign s~atement required to be filed by ~he Political Reform
Act.
i.B-414. Supplemental Campa±g~ Disclosure.
~-~'-iE ?ddlt~on ~o and as a supplement ~o the ~=crui~=me~zs o
-u~ln_.a£ Reform Act -°~ardin~ 5h= -~--- - ---- i .... f ~he
copv cf ~h= ~___ . ..... ~= o~=~ ~lle one crl~i~ai
-olltlcal Reform-- ~-~ -= . -. .~= ~uner ~e~lred bv the
one Frlday before =he ~esday of the municiDai election, de=ailing
. ~u ,~=~ =ne cl~y clerk o~ or before 12:00 ~o~ on
all contributions received and e~enditures-~de towards his or her
elect!un ~hrouah and includin~ midniahu of the i~e~esday
i~edia~ely preceding the election. -
I.B-%15. Cr~inal Misd~e~or Actions.
~a) ~Y person who willfully violates any provision of ~his
chapter is
- ~l-,v of a misd~eanor. ~Y person who willfully
causes or solic!6s any other person uo violate any provision of
:his chapter, or who aids and abe~s any o~her person in the
viola=ion of any urovision of ~his chapter, shall be li~le ~der
this section. - -
'b) No person convicted of a misdemeanor under this chapter
.may be a candidate for any eiec~ive City office, or may contrac~
'wlc~ 5ne ~-.v. for prc'zldlnq any goods or se_;i-__~ _o=, cr may act as a
~ald lzbbvlst ~=~= a~v elective -~~ ~ ~ '
. .~_5v ~ffius_ ~ non-elected City
2uficlai cr City employee, for a perLcd C~ fsur'vears fr!icwln? the
!ace cf the convlcTiTn, unless the court au the 5lme cf sentencing
speclflcaily orders chat this provision shall not be applicable'
A plea of noio contenders shell,s deemed a conviction f---
of ih~s section. ~r purp_oses
i.B-416. Civil Actions.
~a) Any person who inten~ionaily or negligently vioiaces any
provlslon of t~s chapter shall be liable in a civil action brought
by the City Attorney or by a person residing within the city
amoun~ no~mor~ tb~- three times the amount that the person
to regort properly or that the person unlawfully contribu~:ed,
expended, gave or received, or $5,000 per violation, whicheve~_is
greater. I~ cwo or more persons are responsible for any
intentional or negligent violation of any provision of
c,hapter, they shall be jointly and severally liable.
lb) Other than ~he City Attorney, any person before fil/~ a
civil action pursuant to this subdivision shall first file wi~_~he
City Attorney a written request for the City Attorney to common.ce
the action. The request shall contain a statement of the groum~s
for believing a cause of action exists. The City Attorney,
30 days of receipt of the request, shall conduct an initial
into ~he merits of the complaint. If the City Attorney
in good faith that additional time is needed to review the mat=er
further, the complaining party shall be notified and the City
Attorney shall au~omatmcail¥ receive an additional 60 days in order
~o dete-~uine the mermTs of the co~plainT. At or before 5he end of
~0 days uhe City Atto,--ney shall inform 5he complaining party
whether ~he City Attorney intends to file a civil actmon or is
conducting a criminal investigation, if ~he 21ty Attorney
~ndica~es in the affi---J, ative and files a civil action cr criminal
charges within 30 days ~hereafter, no other action may be brought
unless the action brought by the City Attorney is dismissed without
prejudice.
C) in determining the amount of liability, the court may
cake into account the seriousness of the violation and ~ke degree
of culpability of ~he defendant, if a jud?ment is entered against
the defendant or defendants in an action, the plaintiff shall
~sc__/_ fifty percent 150%) of the amount reccvered. The remaining
fifty percent {50%) snail be deposited into the city's qeneral
fund. In any action brough~ by the City Attorney, the entire
amoun~ shall be paid ~s ubs general fund.
'd) in any instance where such .matter is referred To and
accepted by the Distrmct Attorney or other legal counsel serving as
~he ~
~-.y Attorney, any civil recovery, pursuant zo 5his section
shall be shared in such manner as agreed by the City and such
counsel. -
i.B-417. No Liability for Inadvertent Violations.
No person shall suffer any criminai or civil !iabi!i5y for any
inadverzsnt violation cf any provision of this chapcsr, if the
person cures or corrects such inadverzenn violation within thirty
(30) days of discovery or notice of the violau±on.
I.B-418. Injunctive Relief.
The City Attorney on behalf of the city, or any resident of
the city, may sue for injunctive relief to enjoin any violati~xof
or to cO=9e1 compliance with any provision of this chapter.
I.B-419. Cost of Litigation.
In any action authorized by this chapter, the court may ~.
to a prevaili~g party his or her costs of litigation,
reasonable attorneys, fees.
I.B-420. Lim~ations Period.
Any civil action or criminal prosecution for violation
provision of this chapter shall be conxnenced within four
after the date on which the violation occurred, or thereafte=~
be barred.
I.B-421. A~plica~ility of O~her Laws.
Nothing in this chapter shall exempt any person from the
applicable provisions of any other laws of this State cr the city.
I.B-%22. Severability.
.if any provision of this chapter, or the application of any
provision of this chapter to an erson '
Invalid, ~he ~]~ ~= ~=- Y p . - or clrcumstances, ~s held
applicability o'~s~u~cT~-~,_~e r~ema~er of the chapuer and the
shall not be affected thereby, d c-rcumstances
I.B-423. Iater~retation of Chapter.
This chapter shall be liberally construed to acccmplish its
purposes.
Section 3. The City Clerk shall certify to the passage of
this crdinance and shall cause this ordinance zo be posted in at
lease ~hree (3) public places in the city.
Sec=±on 4. This ]rdinance snail n eccme eff 5--~L-ze un
/anua_--.- i, i~95.
.'-20 PTED this
Mayor of the City of i?;ine
ATTEST:
City Clerk of the City of ir~zine
STATE- OF CALIFORNIA
COUNTY OF ORANGE
CITY OF !RVINE
_, JUDY VONADO, City Clerk of the City of irvine, California,
do her~Dy certify that uhe foregoing Ordinance was duly adopted at
a regular meeting of zhe City Council of the City of i_-vine on the
day of 1994, by uhe foiiowzng roll call vote:
AYES:
COUNCil :~-EMRERS:
:[0ES:
iOUNCiL /,~--~MBERS:
.'-~3S ENT:
ZOUNCiL MEMBERS:
CLERK ZF -== ----v -= iRViNE