Ordinance 2001-11 ORDINANCE NO. 2001-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY REGULATING MUNICIPAL ELECTIONS BY
ESTABLISHING CAMPAIGN CONTRIBUTION LIMITS AND
ESTABLISHING A VOLUNTARY EXPENDITURE CEILING
FOR CANDIDATES AND CONTROLLED COMMITTEES
WHEREAS, Proposition 208 was a statewide initiative measure passed by the voters at
the November 5, 1996 election, which Proposition became effective on January 1, 1997; and
WHEREAS, pursuant to Proposition 208, on July 7, 1997, the City Council adopted
Resolution 97-43, which established a voluntary expenditure ceiling for candidates and controlled
committees of such candidates for elective City office not to exceed $0.35 per resident for each
election in the City, and established a campaign contribution limit of $250.00 rather than $100.00
fi:om any person to a candidate for those candidates who adopted the expenditure ceiling; and
WHEREAS, Resolution 97-43 also amended Resolution 83-25, adopted by the City
Council on March 21, 1983, to increase the maximum allowable campaign contribution from any
person to a candidate to $250.00 rather than the $200.00 limit set forth in Resolution 83-25; and
WHEREAS, Proposition 34 was passed by the voters at the November 7, 2000, which
Proposition became effective on January 1, 2001, and repealed those provisions of Proposition 208
described above; and
WHEREAS, the City Council desires to clarify the status of its campaign financing
regulations by repealing those resolutions and setting forth the regulations in this Ordinance; and
WHEREAS, the Political Reform Act of 1974 set forth in California Govcmwnent 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 requir~nents do not interfere with a person's compliance with the Act; 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.
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02~)72604706002 Ordinance No. 2001-11
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1
Resolutions No. 97-43 and No. 83-25 are hereby repealed in their entirety.
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 $0.35 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.
6. 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, except that for the municipal election of 2001, said statement shall be
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02~)72604706002 Ordinance No. 2001-11
filed not later than five business days after the date of adoption of this Ordinance.
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.
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.
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.
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.
"Person" shall mean an individual, proprietorship, firm, partnership, joint venture,
syndicate, business trust, company, corporation, limited liability company,
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02-072604706002 Ordinance No. 2001-11
association, committee, and any other organization or group of pemons acting in
concert.
9. "Committee" and "controlled committee" shall have the same meaning as defmed
in Califomia Government Code sections 82013 and 82016 respectively, as such
sections may be amended from time to time.
10. "Contribution" shall have the same meaning as defined in Califomia 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.
11. "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
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 of the 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.
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02-072604706002 Ordinance No. 2001-11
PASSED AND ADOPTED this 6th day of August, 2001, by the following vote:
AYES: COU-NCILMEMBERS:
G. ARELLANO, P. ARELLANO, MORALES,
PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Rhonda Pellin, City Clerk
APPROVED:
Mayor Thomas W. Springer
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02-072604706002 Ordinance No. 2001-11
I, RI-IONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2001-11 is an original ordinance, duly adopted by the Council of the City of Gikoy
at a regular meeting of said Council held on the 6th day of August, 2001, at which meeting a
quorum was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 8th day of August, 2001.
lroy
(Seal)