Ordinance 2015-07ORDINANCE NO. 2015-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING CHAPTER 8B OF THE GILROY
CITY CODE ENTITLED "ELECTIONS CAMPAIGN
FINANCE"
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, monetary contributions and expenditures relating to political campaigns are
a legitimate form of participation in the American political process, but large contributions and
expenditures may have an undue influence on candidates or create the appearance of undue
influence in the political process, and regulations are needed to prevent such undue influence;
WHEREAS, Chapter 813 of the Gilroy City Code currently sets forth different campaign
contribution limits that are based upon whether candidates accept a voluntary expenditure
ceiling;
WHEREAS, the City Council, desires to (i) minimize the possibility of undue influence on
a candidate or the appearance of undue influence in the political process, (ii) increase campaign
contribution limits, (iii) stay within the bounds of constitutional limits on free speech by eliminating
separate contribution limits for candidates based upon their acceptance of a voluntary expenditure
ceiling and (iv) eliminate limits on contributions to independent committees; and
WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) of the
California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen with
certainty to have no possibility for causing a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
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SECTION I
The following definition is hereby deleted from Gilroy City Code Chapter 8B.3: "`Independent
committee' shall mean all committees other than controlled committees."
SECTION II
Gilroy City Code Chapter 8B.4(a) is hereby deleted in its entirety and replaced with a new
section 8B.4(a) to read as follows:
"(a) The city council does hereby establish a voluntary campaign expenditure ceiling as follows:
For a candidate for municipal office and for any and all controlled committees of such candidate,
in the aggregate not to exceed one dollar ($1.00) per resident for each municipal election.
Should a candidate who has elected to comply with the voluntary campaign expenditure ceiling
exceed that ceiling, he /she shall immediately notify all opponents and the city clerk by telephone
and confirm the same in writing the day that such expenditure ceiling is exceeded."
SECTION III
Gilroy City Code Chapter 8B.4(b) is hereby deleted in its entirety and replaced with a new
section 8BA(b) to read as follows:
"(b) The city council does hereby establish the following campaign contribution limit: seven
hundred fifty dollars ($750.00) per election to a candidate for municipal office, which limit shall
apply to the total of all contributions to the candidate from any person and to any controlled
committee of such candidate, other than a candidate in aid of himself or herself."
SECTION IV
Gilroy City Code Chapter 8B.5(a) is hereby deleted in its entirety and replaced with a new
section 8B.5(a) to read as follows:
"(a) 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 seven hundred fifty dollars ($750.00)."
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SECTION V
Gilroy City Code Chapter 8B.5(b) is hereby deleted in its entirety and replaced a new section
8B.5(b) to read as follows:
"(b) 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 seven hundred fifty dollars ($750.00)."
SECTION VI
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, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION VII
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED this 0 day of July, 2015, by the following vote:
AYES: COUNCILMEMBERS: AULMAN, LEROE- MUNOZ, WOODWARD and
GAGE
NOES: COUNCILMEMBERS: BRACCO, TUCKER, VELASCO
ABSENT: COUNCILMEMBERS: NONE
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APPROVED:
-?�.,
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2015 -07 is an original ordinance, or 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 I" day of July, 2015, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 2 "d da'f July, 2015.
City Clerk of the City of Gilroy
(Seal)