HomeMy WebLinkAboutOrdinances - No. 1964 ERORDINANCE NO. 1964
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING LODI MUNICIPAL CODE TITLE 2 —
ADMINISTRATION AND PERSONNEL — BY ADDING
CHAPTER 2.18, "ELECTRONIC FILING OF CAMPAIGN
DISCLOSURE STATEMENTS," RELATING TO ELECTRONIC
AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES
COMMISSION CAMPAIGN DISCLOSURE STATEMENTS
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.
THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS
SECTION 1. Purpose and Authority.
The purpose of this Ordinance is to add the option of filing Campaign Disclosure Statements by
elected officials, candidates, or committees 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.
SECTION 2. Findings.
The City Council of the City of Lodi finds and determines as follows:
A. That 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. In any instance in which the original statement is required to be filed with the Secretary of
State and a copy of that statement is required to be filed with the local government agency,
the Ordinance may permit, but shall not require, that the copy be filed online or
electronically;
C. The City Council expressly finds and determines that the City Clerk's web -based system
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; and
D. 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.
SECTION 3. Addition,
Lodi Municipal Code Chapter 2.18, "Electronic Filing of Campaign Disclosure Statements," is
hereby added to read as follow:
2.18.010 General.
A. Any elected officer, candidate, committee, or other person required to file statements,
reports, or other documents ("Statements") as required by Chapter 4 of the Political Reform
Act (California Government Code Section 84100 et seq.) may file such Statements using the
City Clerk's online system according to procedures established by the City Clerk. These
procedures shall ensure that the online system complies with the requirements set forth in
Section 84615 of the Government Code. From and after September 1, 2020, elected
officers, candidates, and committees required to file Statements must file such Statements
using the City Clerk's online system, unless exempt from the requirement to file online
pursuant to Government Code Section 84615(a) because the officer, candidate, or
committee receives less than $2,000 in contributions and makes less than $2,000 in
expenditures in a calendar year.
B. The online filing system shall ensure the integrity of the data transmitted and shall include
safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
C. The online filing system shall only accept a filing in the standardized record format that is
developed by the California Secretary of State pursuant to Section 84602(a)(2) of the
California Government Code and that is compatible with the Secretary of State's system for
receiving an online or electronic filing.
D. The online filing system shall include a procedure for filers to comply with the requirement
that they sign statements and reports under penalty of perjury pursuant to Section 81004 of
the Government Code.
2.18.020 Procedures for Utilizing Online Filing
A. During the period commencing with the effective date of this Ordinance and ending
August 31, 2020, an elected officer, candidate, or committee may choose to utilize the
electronic filing system by electronically filing a Statement that is required to be filed with the
City Clerk pursuant to Chapter 4 of the Political Reform Act. Once the elected officer,
candidate, or committee has filed electronically, all subsequent Statements shall be filed
electronically. From and after September 1, 2020, electronic filing is mandatory unless the
officer, candidate, or committee is exempt as described in Section 2.18.010.A.
B. Any elected officer, candidate, or committee who has electronically filed a statement using
the City Clerk's online system is not required to file a copy of that document in paper format
with the City Clerk.
C. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement
was received, which 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.
D. If the City Clerk's system is not capable of accepting a Statement due to technical
difficulties, an elected officer, candidate, or committee shall file that Statement in paper
format with the City Clerk.
E. The online filing system shall enable electronic filers to complete and submit filings free of
charge.
2
2.18.030 Availability of Statements for Public Review; Record Retention.
A. The City Clerk's system shall make all the data filed available on the City's webpage in an
easily understood format that provides the greatest public access. The data shall be made
available free of charge and as soon as possible after receipt. The data made available on
the City's webpage shall not contain the street name and building number of the persons or
entity representatives listed on the electronically filed forms or any bank account number
required to be disclosed by the filer. The City Clerk's office shall make a complete,
unredacted copy of the statement, including any street names, building numbers, and bank
account numbers disclosed by the filer, available to any person upon request.
B. The City Clerk's office shall maintain, for a period of at least 10 years commencing from the
date filed, a secured, official version of each online or electronic statement which shall serve
as the official version of that record for purpose of audits and any other legal purpose.
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 Lodi 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. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 6. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 7. Effective Date. This ordinance shall be published pursuant to law and shall
become effective 30 days from the date of passage and adoption.
Approved this 7th day of August, 2019
MARK CHANDLER
Mayor
Attest:
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I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1964 was introduced at a regular meeting of the City Council of the City of Lodi held
July 17, 2019, and was thereafter passed, adopted, and ordered to print at a regular meeting of
said Council held August 7, 2019, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1964 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
IVA
lie Clerk
Approved as to Form:
JANICE AGaICH
City Attorney