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HomeMy WebLinkAbout1084 election reform revORDINANCE NO. 1084 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 2081 OF THE UKIAH CITY CODE. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Section 2081 of the Ukiah City Code is hereby amended to read as follows. §2081: VOLUNTARY SPENDING LIMIT: A Candidate or City Committee may elect to comply with the voluntary spending limits as set forth in this Section 2081. A. A Candidate or City Committee which voluntarily accepts expenditure limits may not make Campaign Expenditures in excess of the limits set forth in subsection C, below. Campaign Expenditures by a Candidate and his or her Controlled Committee shall be aggregated. B. Each Candidate and each City Committee shall indicate on a form provided by the City Clerk his, her or its acceptance or rejection of the voluntary spending limits as established under Subsection C, below. At a minimum, the form shall (1) state the voluntary spending limit then in effect, (2) the benefits of acceptance of the voluntary spending limit, and (3) contain an agreement to comply with the requirements of this Section 2081. Said form shall be filed with the City Clerk at the same time that a Candidate files his or her nomination paper and verified statement of acceptance pursuant to Elections Code Section 10224 or that a City Committee files its statement of organization pursuant to Government Code Section 84101. C. For the November 2006 City Election, the spending limit is $5,000.00. This voluntary spending limit shall apply to future elections, but may be adjusted periodically by resolution of the city council to reflect increases or decreases in City population and the Consumer Price Index since August 2006. D. For candidates and City Committees accepting the voluntary spending limit, the following benefits apply: 1. The contribution limitation in Section 2079.A is increased from $200.00 to $500.00. 2. Except for recall elections, the voluntary spending limit for any Candidate opposing an incumbent shall be increased by 25%. 3. The City will pay for one-half the cost of the Candidate's statement of qualifications as printed in the ballot pamphlet. 4. Within one week of the filing deadline, the City will issue a news release, describing the purpose and benefits of the program, and announcing the Candidates and City Committees which have accepted the voluntary spending limit. 5. Each participating Candidate and City Committee may use the designation "Voluntary Spending Limit Candidate/Committee" in all election/campaign materials and in the Candidate's ballot pamphlet statement of qualifications. 6. Candidates and their Controlled Committees may carry over funds from one election cycle to the next, if, within the first three days of the next Election Cycle, the Candidate or committee files a statement with the City Clerk accepting the voluntary spending limit applicable to that Election Cycle. If the Candidate or committee does not file the required statement, all funds carried over from the previous Election Cycle shall be disbursed pursuant to Section 2085 within seven days after the beginning of that subsequent Election Cycle. 7. The City shall post on the website a "Voluntary Spending Limit Candidates/Committees" list. Upon payment by the Candidate or Committee of the actual costs thereof, the Candidate or Committee may post on the City's website: a. Up to a 500 word statement along with the Candidate's picture. b. An additional 500 word statement, if an opposing Candidate or City Committee rejects the voluntary spending limit. For purposes of subsections 7.a and 7.b, above, the City Council shall adopt a resolution establishing the actual costs to be charged by the City. Those costs shall include all direct and indirect costs associated with posting the statements on the website, the intent being that no public funds shall be made available for these postings. The statements shall contain no reference to political party affiliation or partisan political membership, endorsements or activity. The statements shall be accompanied by a notice from the City, stating that the views expressed in the statement are those of the Candidate or Committee and do not reflect the views of the City or its officials and do not constitute an endorsement of the Candidate or Committee by the City or its officials. E. A Candidate or City Committee which files a notice accepting the voluntary spending limit may not thereafter reject the limit, except that if an opposing Candidate or City Committee files a statement rejecting the voluntary spending limit, the Candidate or City Committee may file a statement with the City Clerk rescinding its acceptance of the voluntary spending limits within three days after the final date that nomination papers can be filed. F. Any candidate who files a statement of acceptance pursuant to subsection B, above, and makes Campaign Expenditures in excess of the limits shall be subject to the remedies in Section 2086. SECTION TWO. 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any 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 or otherwise invalid. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on July 19, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Crane, McCowen, Rodin, Vice Mayor Baldwin None Mayor Ashiku None Adopted on August 28, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku None None None ~M~k Ashiku, Mayor Gail Petersen, City Clerk 3