CC Ordinance No. 1885ORDINANCE NO. 1885
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 2.06.120 OF THE CUPERTINO
MUNICIPAL CODE RELATED TO CITY COUNCIL ELECTIONS AND
CAMPAIGN FINANCE DISCLOSURE
WHEREAS, Ordinance No. 1757 was enacted on May 19, 1997, and implemented a
number of reforms related to City Council campaign financing; and
WHEREAS, the City Council amended those provisions by enacting Ordinance Nos.
1797, 1818, and 1877; and
WHEREAS, the City Council wishes to amend the text of Section 2.06.120, paragraphs
A., B. and C. in order that they correctly reflect the filing requirements in time for the November
2001 election;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Chapter 2.06 of the Cupertino Municipal Code is hereby amended to read as follows:
Chapter 2.06 CITY COUNCIL--CAMPAIGN FINANCE
2.06.010 Purposes.
The proper operation of democratic government requires that elected officials be
responsible to the people; that monetary contributions to political campaigns on behalf, or
against, a candidate, while a legitimate form of public participation in the political
process, should not be so great as to permit particular individuals or organizations to
exercise a controlling or undue influence on the election of City Councilpersons.
This chapter is intended to minimize the potentially corrupting influence and appearance
of corruption caused by excessive contributions to City Council campaigns or on behalf
of, or against a candidate, by providing for reasonable contribution limits for candidates
and "independent committees" as part of the election process.
This chapter also is intended to lessen the potentially corrupting pressures on candidates,
officeholders, and committees, for fundraising by establishing sensible time periods for
soliciting and accepting campaign contributions.
This chapter also seeks to enable each City voter to cast an informed vote by requiring
that candidates disclose all campaign contributions prior to a City election and by
requiring independent expenditure committees to reveal the source of their funding prior
Ordinance No. 1885 Cupertino City Council Page
to a City election consistent with free speech principles contained in the Constitution of
the United States and the State of California. (Ord. 1757 § 1 (part), 1997)
2.06.020 Statutory authority.
Section 85706(b) of the California Government Code, adopted by the voters of the State of
California on November 6, 1996, as part of Proposition 208, authorizes the City to impose lower
contribution limitations or other campaign disclosures or
prohibitions that are as, or more, stringent than set forth under the applicable provisions of state
law. (Ord. 1757 § 1 (part), 1997)
2.06.030 Definitions.
Unless otherwise provided in this chapter, all words and phrases in this chapter shall have the
same meaning as are defined in Title 9 of the California Government Code as then exists on the
date of enactment of this chapter or as it may be later amended. Words and phrases not
specifically defined shall be construed according to the context and approved usage of the
language. (Ord. 1757 § 1 (part), 1997)
2.06.040 Conflicts with provisions of state law.
Where conflict occurs between any provision established by this chapter and any provision of
applicable state law, the more restrictive or stringent of any such provision shall apply. (Ord.
1757 § 1 (part), 1997)
2.06.050 Constitutionality.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this chapter. The Council declares that it would have passed this chapter, and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.
(Ord. 1757 § 1 (part), 1997)
2.06.060 Construction.
The provisions of this chapter, and all proceedings under it are to be construed liberally with a
view to effect its purposes and to promote justice. (Ord. 1757 § 1 (part), 1997)
2.06.070 Prohibited acts defined.
Whenever in this chapter, any act or omission is made unlawful, it shall include causing,
allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Ord. 1757 § 1 (part), 1997)
Ordinance No. 1885 Cupertino City Council I)age 3
2.06.080 Penalty for violations.
Any person who violates any provision of this chapter is guilty of a misdemeanor punishable by
a fine not exceeding one thousand dollars, imprisonment for a term not exceeding six months, or
by both such ftne and imprisonment. (Ord. 1757 § 1 (part), 1997)
2.06.090 Remedies cumulative.
All remedies provided for in this chapter shall be cumulative and not exclusive. All remedies
contained herein shall be in addition to any criminal or civil penalties contained in Section 83116
et seq. of the California Government Code or any other applicable
provision of state law. (Ord. 1757 § 1 (part), 1997)
2.06.100 Contribution limits.
Except as provided hereinafter, no person, other than small contributor committees or
political party committees, shall make to any candidate for City Council or to the
candidate's controlled committee, and no such candidate or the candidate's controlled
committee shall accept from any person, a contribution or contributions totaling more
than one hundred dollars for each election in which the candidate is attempting to be on
the ballot or is a write-in candidate.
No small contributor committee or political party committee shall make to any candidate
for City Council or the controlled committee of such a candidate, and no candidate shall
accept from a small contributor committee or political party committee, a contribution or
contributions totaling more than two hundred dollars for each election in which the
candidate is attempting to be on the ballot or is a write-in candidate.
The forgiveness of any debt constitutes a campaign contribution and any forgiveness
greater than the contribution limits contained herein, either for a candidate or an
independent committee, is prohibited.
The provisions of this section shall not apply to a candidate's contribution of his or her
personal funds to his or her own campaign committee. Candidates can contribute to their
own campaigns at any time before or after the election. The provisions of this section
limiting campaign contributions shall apply to contributions from a spouse. (Ord. 1797
(part), 1998; Ord. 1757 § 1 (part), 1997)
Notwithstanding the provisions of Section 2.06.100 and except as provided hereinafter,
any committee making independent expenditures of one thousand dollars or more shall
not accept from any person any contribution in excess of two hundred fifty dollars for
each election in which the committee is participating.
Ordinance No. 1885 Cupertino City Council Page
2.06.110 Restrictions on when contributions may be accepted.
No candidate or committee may accept contributions more than six months prior to the
election for which the contributions are to be utilized.
No candidate may accept contributions later than five days prior to the election. In the
event that a candidate incurs more debt in his or her campaign than can be paid by
contributions, the candidate must retire the debt from his or her own personal funds prior
to January 1 of the year following the election. Failure to retire the debt by that date
constitutes a violation of this chapter.
No committee making independent expenditures of one thousand dollars or more may
accept contributions later than five days before the election. Any debt incurred by such
committee which is not retired from campaign contributions prior to January 1 of the year
following the election constitutes a violation of this chapter.
This section shall not apply to any funds raised for the purposes described in Section
85305(d) of the California Government Code (related to attorney's fees, cost of recounts,
and other costs described in Section 85305(d). (Ord. 1757 § 1 (part), 1997)
2.06.120 Disclosure statements.
Forty days prior to a City Council election, all candidates and independent expenditure
committees shall file with the City Clerk two originals of the first pre-election disclosure
report required by the Fair Political Practices Commission disclosing the name, address,
employer and contribution amount of all persons making contributions exceeding ninety-
nine dollars. Contributions requiring disclosure include "in kind" contributions of a fair
market value of ninety-nine dollars or more. In addition, committees making independent
expenditures of one thousand dollars or more must also disclose the name, address, and
employer of all officers of the committee. The filing period for the initial disclosure is
JanuaxT 1 of the current calendar year through forty-five days prior to the election, and
the deadline is 5:00 p.m. in the City Clerk's Office. Facsimiles and postmarks are not
acceptable.
The following disclosure statements must be filed by candidates and independent
expenditure committees twelve days prior to a city election: (1) Two originals of the
second pre-election disclosure statement required by the Fair Political Practices
Commission. The filing period is forty-four days prior through seventeen days prior to
the election and the deadline for is 5:00 p.m. in the City Clerk's Office. Facsimiles and
postmarks are not acceptable.
Ordinance No. 1885 Cupertino City Council Page 5
The following disclosure statements must be filed by candidates and independent
expenditure committees four days prior to a city election: A City of Cupertino disclosure
containing the same information as the disclosure statement required by the Fair Political
Practices Commission. The filing period is sixteen days prior through five days prior to
the election. The deadline is 4:00 p.m. in the City Clerk's Office. Disclosure statements
must be personally delivered; facsimiles and postmarks are not acceptable.
The City Clerk shall make all disclosure statements available to the public upon request
and by posting them on the Cupertino Internet website by the first day prior to the city
election.
On January 31 st of the year following a city election, all candidates and independent
expenditure committees shall file semi-annual disclosure statements with the City Clerk
as required by the Fair Political Practices Commission. The filing period for the final
disclosure is from the sixteenth day prior to the election through December 31 of the year
of the election, and the deadline is 5:00 p.m. in the City Clerk's Office. Facsimiles and
postmarks are not acceptable.
The filing of the above-described disclosure statements do not relieve candidates or
committees from filing disclosure statements as required by the Fair Political Practices
Act. (Ord. 1797 (part), 1998: Ord. 1757 § 1 (part), 1997)
2.06.150 Criminal proceedings.
Any criminal proceedings against any person for a violation of this chapter will be prosecuted by
an independent city prosecutor selected by the Presiding Judge of the Santa Clara County
Superior Court. (Ord. 1757 § 1 (part), 1997)
INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of August 2001, by the following vote:
Vote
Members of the City Council
AYES: Bumett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
Mayor, City of C~rtino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. I g g ~ ,
0,~x5~.54~ 20! 2.00( , and that it
was
enacted
on
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
2~ h~_ day of ~J[,.14~-L~ ,200_~.
KIMBERLY SMITH, City Clerk and Ex-of ' Clerk
of the City Council of the City of Cupertino, California
~ertificate