The URL can be used to link to this page

Home My WebLink AboutCC ORD 2021-2486 Electronic and Paperless Filing of Campaign Disclosure StatementORDINANCE NO. 2021 - 2486 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADDING SECTION 2.76 TO TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE "ELECTRONIC AND PAPERLESS FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST,' RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION. CAMPAIGN DISCLOSURE STATEMENTS 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 to file such statements, reports, or other documents online or electronically with the Office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES ORDAIN AS FOLLOWS: SECTION 1: The purpose of this Ordinance is to add the option of filing Campaign Disclosure Statements by elected officials, candidates, or committees and Statements of Economic Interest electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act. SECTION 2: The City Council of the City of National City finds and determines as follows: A. That 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, or committee, required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk; B. In any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement is required to be filed with the local government agency, the Ordinance may permit, but shall not require, that the copy be filed online or electronically; C. The City Council expressly fins and determines that the City Clerk's web -based system contains multiple safeguards to protect the integrity and security of data, it will operate securely and effectively, and it will not unduly burden filers; and. Specifically; (1) the System will ensure the integrity of the data and includes safeguards against efforts to temper with, manipulate, alter, or subvert the data; (2) the System will Ordinance No. 2021 - 2486 Page 1 of 4 only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and the public for viewing filings on the City's website. D. 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. TITLE 2 ADMINISTRATION Section 2.76 - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST 2.76.010 — General. A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) may file such Statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set. forth in Section 84615 of the Government Code. From and after January 1, 2022, elected officers, candidates, and committees required to file Statements must file such Statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Government Code Section 8461 (a) because the officer, candidate, or committee receives Tess than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. B. 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. C. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a) (2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing. D. The on-line filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code. Ordinance No. 2021 - 2486 Page 2 of 4 2.76.020 - Procedures for Utilizing Online Filing. A. During the period commencing with the effective date of this Ordinance and ending April 2, 2021, an elected officer, candidate, or committee may choose to utilize the electronic filing system by electronically filing a Statement that is required to be filed with the City Clerk pursuant to Chapter 4 of the Political Reform Act. Once the elected officer, candidate, or committee has filed electronically, all subsequent Statements shall be filed electronically. From and after January 1, 2022, electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section 1.05.01 0 (A). B. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk. C. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, which notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed on line shall be the day that it is received by the City Clerk. D. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk. E. The online filing system shall enable electronic filers to complete and submit filings free of charge. 2.76.030 - Availability of Statements for Public Review; Record Retention. A. The City Clerk's system shall make all the data filed available on the City's webpage 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. Per Fair Political Practices Commission (FPPC) Regulation 18313.6, the data made available on the City's webpage shall not contain the street name and building number, phone number, and signature block of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall make a complete, unredacted copy of the statement, including any street names, building numbers, phone numbers, signature block, and bank account numbers disclosed by the filer, available to any person upon request. B. For paper copies, fees will apply as allowed by the Fair Political Practices Ordinance No. 2021 - 2486 Page 3 of 4 Commission (FPPC) and Government Code Section 81008. Copies must be provided at a charge not to exceed ten (10) cents per page. In addition, filing officers may charge a retrieval fee of up to five dollars ($5.00) per request for copies of statements that are five (5) years or older, A single request for more than one (1) report or statement is subject to one (1) retrieval fee. Copies may be provided free of charge. C. The City Clerk's Office shall maintain, for a period of at least ten (10) years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose. 2.76.040 — Severability A. If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provision or application; accordingly, the provisions of this Chapter are hereby declared to be severable. SECTION 3: All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4: This Ordinance shall become effective in accordance with applicable law sixty (60) days after adoption to provide for sufficient notice and an educational period. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of National City. PASSED and ADOPTED this 2nd day of March, 2021. ATTEST: Luz Molina, City Q'.ferk p, 9 APPROVED AS TO FORM: c Charles E. Bell Jr., City Alejandra Sotelo-Solis, Mayor Ordinance No. 2021 - 2486 Page 4 of 4 Passed and adopted by the Council of the City of National City, California, on March 2, 2021, by the following vote, to -wit: Ayes: • Sotelo-Solis, Rodriguez, Bush, Morrison, Rios Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California Luz Molina City Clerk of the City of National City, California By: I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on February 16, 2021, and on March 2, 2021. I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true- and correct copy of ORDINANCE NO. 2021-2486 of the City Council of the City of National City, passed and adopted by the Council of said City on March 2, 2021. By: City Clerk of tle City of ationaly, California uty pit