Ordinance No. 2022-02 | Mandating E-Filing for FPPC and Form 700 Filing | Adopted 03/07/2022
ORDINANCE NO. 2022-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADDING ARTICLE XIV TO CHAPTER 2 THE
GILROY CODE TO MANDATE ELECTRONIC AND
PAPERLESS FILING OF FAIR POLITICAL PRACTICES
COMMISSION CAMPAIGN DISCLOSURE STATEMENTS
AND STATEMENTS OF ECONOMIC INTEREST
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 City Clerk; and
WHEREAS, the City of Gilroy (“City”) has entered into an agreement with a vendor
approved by the California Secretary of State and meets the requirements set by Government
Code Section 84615, to provide an online electronic filing system (“System”) for the California
Fair Political Practices Commission campaign statements; and
WHEREAS, the System will operate securely and effectively and will not unduly
burden filers. 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 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 to the public for viewing filings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council of the City of Gilroy finds and determines as follows:
A. 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. The web-based system operated by the City Clerk contains multiple safeguards to
protect the integrity and security of the data, it will operate securely and effectively,
and it will not unduly burden filers.
C. 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.
DocuSign Envelope ID: 39B82EF2-A862-41EF-907D-7F99D1CEEB7A
Ordinance No. 2022-02
Mandating E-Filing for FPPC and Form 700 Filing
City Council Regular Meeting | March 7, 2022
Page 2 of 3
SECTION 2. ADOPTION OF CITY CODE CHAPTER 2, ARTICLE XII.
Gilroy Code Chapter 2 (Administration), Article XIV (Electronic Filing of Campaign Disclosure
Statements and Statements of Economic Interest) is hereby added to read as follows:
ARTICLE XIV. - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS
AND STATEMENTS OF ECONOMIC INTEREST
Section 2.91. Purpose and Authority.
A. The purpose of this ordinance is to require the filing of Campaign Disclosure
Statements and Statements of Economic Interest by elected officials, candidates, staff,
consultants or committees to be completed 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.
B. While electronic filing of statements will be mandated under this ordinance, the City
Clerk, as the City’s filing officer, will have the right to accept a paper filing in lieu of
an electronic filing at the City Clerk’s discretion, under certain circumstances, and to
accommodate an Americans with Disabilities Act (ADA) request.
Section 2.92. Basic Requirement.
A. 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 or
designated in the City’s local conflict of interest code adopted pursuant to Government
Code Section 87300 shall file any required Statement of Economic Interests (Form 700)
online or electronically with the City Clerk. Electronic filing is mandatory unless the
officer, candidate, or committee is exempt as described Government Code 8415(a).
B. The City Clerk shall issue an electronic confirmation that notifies the filer that the
Statement was received, and the 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 online shall be the
day that it is received by the City Clerk.
C. If the City Clerk's system is not capable of accepting a Statement due to technical
difficulties, a Statement in paper format shall be filed with the City Clerk.
D. The City Clerk will operate the electronic filing system in compliance with the
requirements of California Government Code Section 84615.
DocuSign Envelope ID: 39B82EF2-A862-41EF-907D-7F99D1CEEB7A
Ordinance No. 2022-02
Mandating E-Filing for FPPC and Form 700 Filing
City Council Regular Meeting | March 7, 2022
Page 2 of 3
SECTION 3. CEQA- EXEMPTION: This proposed ordinance has been reviewed with
respect to applicability of the California Environmental Quality Act ("CEQA") and the State
CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The
ordinance is not a project under CEQA Guidelines Section 15378 because it involves
administrative activities that will not result in direct or indirect physical changes in the
environment.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The City Council of the City of Gilroy hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
SECTION 5. EFFECTIVE DATE. This Ordinance shall go into effect thirty (30) days
after the date of its passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 7th
day of March, 2022 by the following vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, LEROE-
MUÑOZ, MARQUES, BLANKLEY
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: HILTON, TOVAR
APPROVED:
Marie Blankley, Mayor
ATTEST:
Thai Nam Pham, City Clerk
DocuSign Envelope ID: 39B82EF2-A862-41EF-907D-7F99D1CEEB7A
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2022-02 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 held on Council
held Monday, March 7, 2022, 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 Monday, March 7, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
DocuSign Envelope ID: 39B82EF2-A862-41EF-907D-7F99D1CEEB7A