Ordinance 2007-12
ORDINANCE NO. 2007-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REGULATING MUNICIPAL ELECTIONS BY
REPEALING ORDINANCE NOS. 2001-11 AND 2003-07 IN
THEIR ENTIRETY AND BY REPLACING IT WITH A NEW
ORDINANCE REGULATING MUNICIPAL ELECTIONS BY
ESTABLISHING CAMPAIGN CONTRIBUTION LIMITS,
ESTABLISHING A VOLUNTARY EXPENDITURE CEILING
FOR CANDIDATES AND CONTROLLED COMMITTEES
AND BY PLACING RESTRICTIONS ON THE
AGGREGATION OF CAMPAIGN CONTRIBUTIONS.
WHEREAS, the Political Reform Act of 1974("the Act') set forth in California
Government Code section 81000 et. seq. governs the conduct of campaigns, and sections 81013
and 85703 grant local agencies the power to enact certain ordinances that govern the financing of
local elections so long as the requirements do not interfere with a person's compliance with the
Act; and
WHEREAS, the City Council clarified the status of its campaign financing and contribution
regulations by repealing Resolution Nos. 97-43 and 83-25, and by adopting the City's campaign
financing and contribution regulations in Ordinance No. 2001-11, which was amended by
Ordinance No. 2003-07; and
WHEREAS, although the Act was applicable absent local regulation, the City Council
now desires to clarify Ordinance Nos. 2001-11 and 2003-07, which did not expressly set forth the
restrictions on the aggregation of campaign contributions as defined in Government Code section
85311; and
WHEREAS, this Ordinance relates to an election, and pursuant to section 608 of the
Charter of the City of Gilroy, such an ordinance takes effect upon adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
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Ordinance No. 2007-12
SECTION I
Ordinance Nos. 2001-11 and 2003-07 are hereby repealed in their entirety and replaced by a new
Ordinance No. 2007-09.
SECTION II
1. The City Council does hereby establish a voluntary campaign expenditure ceiling
for a candidate for municipal office and for any and all controlled committees of
such candidate, in the aggregate not to exceed $0.50 per resident for each municipal
election.
2. The City Council does hereby establish a campaign contribution limit of Two
Hundred and Fifty Dollars ($250.00) per election to a candidate for municipal office
who elects to comply with the voluntary expenditure ceiling, which limit shall apply
to the total of all contributions to the candidate and to any controlled committee of
such candidate, from any person other than a candidate in aid of himself or herself.
3. The City Council does hereby establish a campaign contribution limit of Two
Hundred and Fifty Dollars ($250.00) per election by any person to an independent
committee in aid of and/or in opposition to the nomination or election of a candidate
for municipal office.
4. The City Council does hereby establish a campaign contribution limit of One
Hundred Dollars ($100.00) per election to a candidate for municipal office who
does not adopt the voluntary expenditure ceiling, which limit shall apply to the total
of all contributions to the candidate and to any controlled committee of such
candidate, from any person other than a candidate in aid of himself or herself.
5. Each candidate must file an expenditure ceiling statement with the city clerk
indicating whether or not he or she will participate in the voluntary campaign
expenditure limit program before accepting or receiving any campaign
contributions. The city clerk shall ask the Registrar of Voters to prominently
designate those candidates who participate in the program on the ballot, in the ballot
pamphlet and in the sample ballot.
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6. It shall be prohibited for any person, other than a candidate in aid of himself or
herself, to make any campaign contribution to a candidate for municipal office, or
to any controlled committee of such candidate, which will cause the total amount
contributed by such person to a candidate and all controlled committees of such
candidate, with respect to a single election in support of such candidate, to exceed
Two Hundred and Fifty Dollars ($250) if the candidate has adopted the voluntary
expenditure ceiling, or to exceed One Hundred Dollars ($100) if the candidate has
not adopted the voluntary expenditure ceiling.
7. It shall be prohibited for any candidate for municipal office, or any controlled
committee of such candidate, to solicit or accept any campaign contribution which
will cause the total amount contributed by any person to a candidate and all
controlled committees of such candidate, other than a candidate in support of
himself or herself, with respect to a single election in support of such candidate, to
exceed Two Hundred and Fifty Dollars ($250) if the candidate has adopted the
voluntary expenditure ceiling, or to exceed One Hundred Dollars ($100) if the
candidate has not adopted the voluntary expenditure ceiling.
8. Any person who makes or receives or solicits or accepts a contribution or makes
an expenditure in violation of the provisions of this Ordinance may be liable in a
civil action, in addition to other remedies provided by law, for an amount up to
One Thousand Dollars ($1,000) or for an amount up to three (3) times the amount
of the unlawful contribution or expenditure, whichever amount is greater, for each
violation.
9. "Person" shall mean an individual, proprietorship, firm, partnership, joint venture,
syndicate, business trust, company, corporation, limited liability company,
association, committee, and any other organization or group of persons acting in
concert.
10. "Committee" and "controlled committee" shall have the same meaning as defined
in California Government Code sections 82013 and 82016 respectively, as such
sections may be amended from time to time.
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11. "Contribution" shall have the same meaning as defined in California Government
Code section 82015, except that, as set forth in section 85312, payments for
communications to members, employees, shareholders, or families of members,
employees, or shareholders of an organization for the purpose of supporting or
opposing a candidate are not contributions or independent expenditures, provided
those payments are not made for general public advertising such as broadcasting,
billboards, newspaper advertisement.
12. (a) For purposes of the contribution limits of this ordinance, the following
terms have the following meanings:
(1) "Entity" means any person, other than an individual.
(2) "Majority owned' means an ownership of more than 50 percent.
(b) The contributions of an entity whose contributions are directed and
controlled by any individual shall be aggregated with contributions made by that
individual and any other entity whose contributions are directed and controlled by
the same individual.
(c) If two or more entities make contributions that are directed and controlled
by a majority of the same persons, the contributions of those entities shall be
aggregated.
(d) Contributions made by entities that are majority owned by any person shall
be aggregated with the contributions of the majority owner and all other entities
majority owned by that person, unless those entities act independently in their
decisions to make contributions.
13. "Independent committee" shall mean all committees other than controlled
committees.
SECTION III
The City Council hereby finds that the campaign financing regulations set forth in this
Ordinance are in addition to, and not inconsistent with, any and all laws governing municipal
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elections enacted in the Political Reform Act of 1974, and that these regulations herein enacted
are not intended to interfere with a person's compliance with that Act.
SECTION IV
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity ofthe remaining portion of this Ordinance shall not be affected thereby.
SECTION V
Pursuant to section 608 of the Charter of the City of Gilroy regarding ordinances relating
to an election, this Ordinance shall be in full force and effect upon its adoption.
PASSED AND ADOPTED this 16th day of April, 2007, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE,VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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~iriheiro, Mayor
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Rh nda Pellin, City Clerk
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2007-12 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
16th day of April, 2007, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 27th day of April, 2007.
(Seal)