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HomeMy WebLinkAboutCC RESO 2004-13NOT ADOPTED RESOLUTION NO. 2004-132 A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION..." This Resolution was not adopted at the City Council Meeting of July 20, 2004. DATE: July 20, 2004 4 Michael R. Da'fla, CMC City Clerk of the City of National City Not'" Actop}- — RESOLUTION NO. 2004 — 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, RELATING TO AN ORDINANCE IMPOSING A TERM LIMIT FOR THE OFFICE OF MAYOR TOGETHER WITH A DEFINED BENEFIT RETIREMENT PLAN FOR THE INCUMBENT MAYOR, CITY TREASURER AND CITY CLERK, ESTABLISHING A CODE OF ETHICS FOR ELECTED OFFICIALS OF THE CITY, AND IMPOSING CAMPAIGN CONTRIBUTION LIMITS WHEREAS, the City Council of the City of National City desires to submit to the qualified voters of the city at the general municipal election to be held on November 2, 2004, a proposed ordinance imposing a term limit for the Office of Mayor, establishing a Code of Ethics for elected officials of the city, and imposing campaign contribution limits; and WHEREAS, the City Council is thereupon authorizied and directed by statute to submit the proposed ordinance to the qualified voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOVLE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, the following question shall be submitted to the qualified voters of the city at the General Municipal Election to be held on November 2, 2004: Shall an ordinance be adopted imposing a term limit for the Office of Mayor together with a defined benefit retirement plan for the incumbent Mayor, City Treasurer and City Yes Clerk, establishing a Code of Ethics for elected officials of the city, and imposing campaign contribution limits? No Section 2. That the above proposed ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the ballots to be used at the election shall be in the form and content as required by law. Resolution No. 2004 —132 July 20, 2004 Page Two Section 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct and election. Section 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the elections and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Election Code of the State of California. Section 6. That in all particulars not recited in this resolution, the elction shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place of holding said election is given and the City Clerk is aurthorized, instructed and directed to give such further or additional notice of the election in time, form and manner as required by law. PASSED and ADOPTED this 20th day of July, 2004. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney ORDINANCE NO. 2004 — AN ORDINANCE OF THE PEOPLE OF NATIONAL CITY AMENDING TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING THERETO CHAPTER 2.72 PERTAINING TO A TERM LIMIT FOR THE OFFICE OF MAYOR TOGETHER WITH A DEFINED BENEFIT RETIREMENT PLAN FOR THE INCUMBENT MAYOR, CITY TREASURER, AND CITY CLERK, CHAPTER 2.74 PERTAINING TO A CODE OF ETHICS, AND CHAPTER 2.76 PERTAINING TO CAMPAIGN CONTRIBUTION LIMITS The People of the City of National City do ordain as follows: Section 1. That Chapter 2.72 is hereby added to the National City Municipal Code, to read as follows: Chapter 2.72 TERM LIMIT FOR THE OFFICE OF THE MAYOR Sections: 2.72.010 Term limit for the office of the Mayor 2.72.020 Eligibility for retirement plan 2.72.010 Term limit for the office of the Mayor. No person shall be eligible for nomination and election to the office of Mayor for more than two (2) terms, and no person who has held the office of Mayor for two (2) terms, may again seek nomination and election to said office; provided, however, that any person who is appointed by the City Council to fill the office of Mayor or elected in a special election for the balance of a regular term of Mayor for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. This Section shall apply prospectively to full terms commencing after the November 2, 2004 general municipal election. 2.72.020 Eligibility for retirement plan. An elected Mayor who holds that office on July 1, 2004, and serves no more than two (2) complete terms as Mayor (not to exceed eight years of service) subsequent to the November 2, 2004 general municipal election shall qualify for the defined benefit retirement plan set forth in Appendix A. 2004 Ordinance 1 Exhibit "A" Section 2. That Chapter 2.74 is hereby added to the National City Municipal Code, to read as follows: Sections: 2.74.010 2.74.020 Chapter 2.74 ETHICS Code of Ethics established Unethical conduct 2.74.010 Code of Ethics established. In enacting this Chapter, it is the intention of the City Council that the day-to-day conduct of the City's business should be carried out in an ethical environment. To accomplish this goal, the City Council hereby establishes the National City Code of Ethics, which shall be contained in Policy 116 of the City Council Policy Manual. Said Code of Ethics is intended to serve the following interests: A. To encourage high standards of behavior by the City's elected officials; B. P To increase public confidence in the institutions that serve the public; and C. To assist the City's elected officials with decision -making. The National City Code of Ethics is set forth in Appendix B. 2.74.020 Unethical conduct. Beginning with the November 2, 2004 general municipal election, each elected official of the City shall be furnished a copy of the National City Code of Ethics by the City Clerk. Within thirty (30) days of receipt of a copy of the Code of Ethics, each elected official shall execute a statement affirming that they have read and understood the Code. It shall be considered unethical conduct for an elected official of the City to violate any provision of the Code of Ethics, the penalty for which may include censure by the City Council. Section 3. That Chapter 2.76 is hereby added to the National City Municipal Code, to read as follows: Sections: 2004 Ordinance Chapter 2.76 CAMPAIGN CONTRIBUTIONS 2.76.010 Purpose 2.76.020 Relation to Political Reform Act of 1974 2.76.030 Limitations on contributions 2.76.040 Additional prohibitions 2.76.050 Money received by officials treated as contributions 2.76.060 Penalties for violations 2 Exhibit "A" 2.76.070 Enforcement 2.76.080 Amendments and additional requirements 2.76.090 Severability 2.76.010 Purpose. The purpose of this Chapter is to ensure that the financial strength of certain individuals or organizations does not permit them to exercise a disproportionate or controlling influence on the election of City candidates. To achieve such purpose, this Chapter is designed to reduce the influence of large contributions, to ensure that individuals and interest groups continue to have a fair and equal opportunity to participate in electing City candidates, and to maintain public trust in governmental institutions and the electoral process. 2.76.020 Relation to Political Reform Act of 1974. This Chapter is intended to supplement the Political Reform Act of 1974. Unless a word or term is specifically defined in this Chapter, or the contrary is stated or clearly appears from the context, words and terms used herein shall have the same meaning as defined or used in Title 9 of the California Government Code, in which the Political Reform Act of 1974 is codified, and as supplemented by the Regulations of the Fair Political Practices Commission as set forth in Title 2, Division 6 of the California Code of Regulation, as the same may be, from time to time, amended. 2.76.030 Limitations on contributions. A. No individual shall contribute to any candidate for elective office or the controlled committee of such a candidate, and no such candidate or the candidate's controlled committee shall accept from any individual, a contribution or contributions totaling more than three hundred dollars ($300) for each election in which the candidate is on the ballot or is a write-in candidate. 1. The contribution limitation shall apply separately to each special, recall, primary, or general election, as well as to any proceeding to qualify and place upon the ballot a petition to recall a member of the City Council. 2. The contribution limitation shall not apply to a candidate's personal funds. 3. A contribution shall not be considered to be received if it is nether negotiated, deposited, and/or utilized by the candidate's controlled committee, provided that the contribution must be returned to the donor within fourteen (14) days of receipt. Failure to return the contribution within fourteen (14) days shall be deemed to be acceptance. 2.76.040 Additional Prohibitions. A. No person who contracts with the City for the rendition of personal services, for the furnishing of any material, supplies or equipment to the City, or for selling any land or building to the City, whenever the value of such transaction exceeds five thousand dollars ($5,000), shall make any contribution to an elected Mayor or City Council member of the City, candidate for the office of Mayor or City Council member, or committee controlled by such official or candidate at any time between the commencement of negotiations and either the completion of the performance under or the termination of negotiations for such contract, whichever occurs later. 2004 Ordinance 3 Exhibit "A" B. No person shall make a contribution to any candidate for elective office or the controlled committee of such a candidate, and no such candidate or controlled committee shall accept from any person such a contribution sooner than eleven (11) months preceding a single election contest. C. Candidates for elective office may not transfer funds between committees for other elective offices or between nonelective office committees and elective office committees. D. No candidate for elective office or the controlled committee of such a candidate shall accept any contribution from a non -individual, including a firm, partnership, joint venture, syndicate, business trust, company, corporation, associations, committee and any other organization or group of persons acting in concert. E. No person shall receive or personally deliver or attempt to deliver a contribution in any building which the City owns or for which the City pays the majority of the rent. For purposes of this Subsection, "personally deliver" means delivery of a contribution in person or causing a contribution to be delivered by an agent or intermediary, other than the United State mail. F. No individual or combination of individuals acting jointly shall make directly or indirectly a contribution in the name of another individual or combination of individuals. 2.76.050 Money received by officials treated as contributions. Any funds, property, goods or services, other than government funds, received by elective City officials which are used, or intended by the donor or by the recipient to be used for expenses (including legal expenses) related to holding public office, shall be considered campaign contributions and shall be subject to the limitations of this Chapter. Reimbursement for reasonable travel expenses related to holding public office shall be excluded from the provisions of this Section. 2.76.060 Penalties for violation. A. Notwithstanding any other provision of this Code, including without limitation the provisions of Section 1.20.010 of said Code, any violation of any provision of this Chapter shall be enforceable solely as provided in this Section. There shall be no criminal penalties for violation of this Chapter. B. Civil liability. Any person who violates or otherwise fails to comply with any provision or requirement of this Chapter shall be liable to the City in a sum not to exceed the following amount for such violation: 1. For the making or accepting of any contribution in excess of the applicable contribution limits specified in this Chapter, a sum equal to three times the amount by which the contribution exceeds the applicable contribution limit, or the sum of twenty-five hundred dollars ($2,500), whichever is greater, for each violation. 2. For any other violation of this Chapter, the sum of five hundred ($500) for each violation. C. Debt owing to City. Any amount due from any person pursuant to this Subsection shall be a debt due and owing upon demand to the City. D. Civil actions for violations of this Chapter shall be commended within two (2) years after the date on which the violation occurred. 2004 Ordinance 4 Exhibit "A" 2.76.070 Enforcement. A. The City Attorney shall not investigate or prosecute alleged violations of this Chapter, but shall defend the constitutionality and legality of this Chapter in any civil proceeding in which the City or the City Council is a party. B. Special counsel shall investigate or prosecute alleged violations of this chapter. C. The City Attorney shall solicit proposals from attorneys to act as special counsel one hundred eighty (180) days prior to a city election. As part of the annual budget process, the City Council shall appropriate a sufficient amount to fund the retention of special counsel. Said funds shall be separate from the City Attorney's budget and used solely for the investigation and prosecution of alleged violations of this Chapter. D. The City Attorney shall appoint a panel of no less than three attorneys to act as special counsel. Said attorneys shall be compensated by the City and shall serve as the enforcement authority for this Chapter. A single member of the special counsel panel will be assigned to each case. Assignments will be made on a rotating basis. E. Complaints of violation of this Chapter shall be submitted in writing, under penalty of perjury, by a resident of the City to the City Clerk. Said complaint shall state the full allegation of facts that would constitute a violation of this Chapter. The complaintp'must be filed within ninety (90) days of discovery of the alleged violation, but no later than one hundred eighty (180) days from the date of the election. F. The City Clerk shall forward the complaint to the randomly assigned special counsel from the panel of attorneys appointed by the City Attorney within five (5) working days of receipt for a probable cause determination. If no probable cause is determined to exist the complaint shall be dismissed summarily and interested parties shall be notified in writing. G. If probable cause is determined to exist, special counsel shall take further investigatory and procedural steps necessary to resolve the matter. H. Violations of this Chapter may be pursued through civil proceedings brought by the special counsel. Special counsel may also commence and prosecute any necessary administrative proceedings or civil litigation to compel compliance with this Chapter. No enforcement or prosecution or action of special counsel shall be subject to the review or control of the City Attorney or City Council. I. Special counsel may investigate and may institute legal action to prevent further violations. The special counsel may decline to investigate if the allegation is also a violation of state law and is the subject of a complaint filed with the Fair Political Practices Commission. J. Special counsel shall be immune from liability for enforcement of this Chapter. 2.76.180 Amendments and additional requirements. The City Council shall review the contribution limitations contained in this Chapter in January of every fourth (• 4t") year commencing in January, 2006, and determine whether such limitations shall be increased, decreased, or remain the same. The City Council shall be permitted at any time to enact supplemental limitations which do not conflict with this Chapter as 2004 Ordinance 5 Exhibit "A" approved by the voters at the November 2, 2004 general municipal election. In the event the City Council determines that such limitations should be amended or supplemented, it shall do so by adopting an ordinance amending this Chapter. 2.76.090 Severability. If any provision of this Chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Chapter to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Chapter are severable. PASSED and ADOPTED this ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney day of , 2004. Nick Inzunza, Mayor 2004 Ordinance 6 Exhibit "A"