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HomeMy WebLinkAboutAgenda Report - July 17, 2019 H-05 ERAGENDA ITEM l{-5 Crrv on Loor C ounctr-, C otvtMUNICATIoN TM AGENDA TITLE: MEETING DATE: PREPARED BY: lntroduce Ordinance 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 July 17 , 2019 City Clerk RECOMMENDED ACTION lntroduce Ordinance 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. BACKGROUND INFORMATION: Government Code section 84615 allows local government agencies to require an elected officer, candidate, or committee to file FPPC campaign statements, reports, or other documents online or electronically with a local filing officer, The City Clerk is the local filing officer for the City of Lodi. ln order for the City of Lodi to accept electronically filed statements, the City Council must adopt an ordinance permitting the use of an online filing system as an option for filing and designating the filings received electronically by the City Clerk's Office as the filings of record for the City. ln addition, the system must operate securely and effectively, be no cost to filers, be available to the public to view filings, not place an unduly burden on filers, and include procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury. The City Council recently approved the services of NetFile, an electronic and paperless filing system for both FPPC Campaign Finance Disclosure and Statement of Economic lnterest (Form 700) forms. Adoption of the proposed ordinance is required to implement electronic filings, relates only to the campaign finance component of the NetFile system, and will only apply to those filers that exceed a threshold of $2,000 for expending or receiving campaign funds. This threshold is consistent with the Political Reform Act (the "Act"), which recognizes campaigns that spend or raise more than $2,000 as "Controlled Committees." Under the Act, these types of committees are obligated to file detailed campaign finance disclosure statements, also known as Form 460s. For those smaller campaigns that do not exceed the $2,000 threshold, they may continue to file paper versions of the Form 470 disclosure forms. lt should be noted that the NetFile system is able to accommodate the online filing of several types of required forms by the FPPC, including Forms 460,470,496, and 497, which are the most commonly used in Lodi's local election campaigns. The NetFile system is created specifically for cities and counties responsible for administering campaign finance filings, meets the requirements of the Secretary of State, and allows for electronic and paperless filing of campaign statements. Although Government Code 84615 authorizes a local agency to mandate electronic filing, staff recognizes that such mandates could have a direct effect on those committees or individuals who do not APPROVED: r, City Manager lntroduce Ordinance Amending Lodi Municipal Code Title 2 - Administration and Personnel- By Adding Chapter 2.18, "Electronic Fiting of Campaign Disclosure Statements," Relating to Electronic and Paperless Filing of Fair Political Practices Comm i ssi on C a mp a i gn Sfafemenfs July 17, 2019 Page Two have computer access or familiarity with computer programs. To prevent any hardship, staff is proposing a more moderate approach by drafting an ordinance that allows for elected officers, candidates, or committees to utilize the next 13 months to familiarize themselves with the system. No later than September 1, 2020, elected officers, candidates, and committees required to file Statements must file such Statements using the 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. This approach will provide potential filers with the opportunity to receive training and establish a level of comfort and familiarity in using the system prior to the September 1, 2020 deadline. To ensure a smooth transition, and as part of the agreement and acquisition of the system, NetFile and the City Clerk's Office will offer extensive training to filers and committees. Staff will schedule one-on-one training with NetFile staff and individual filers and treasurers that will cover the entire electronic filing process. This will include the set-up of filer accounts, explaining the online filing process, showing how to input data and save reports, preparing statements for e-signature, and finalizing statements for electronic filing ln terms of security, the NetFile system is a web-based, vendor-hosted application that utilizes "industry best practices" for securing data, using the same data encryption for online filings that is used by banks for online banking. NetFile stores and backs up data at three separate locations, creating the essential safety measures and redundancy that will allow for recovery of information in the event of an emergency or disaster. The City's data will be retained for the required minimum 1O-year period. For professional treasurers that have already purchased campaign software, NetFile is able to receive uploaded data from certain types of third-party applications for electronic filing purposes. lmplementation of the NetFile system will promote transparency and make it more convenient for committees, individuals, and the public. lt provides 24-hour filing and viewing accessibility of campaign finance information from any computer, anywhere. ln certain instances, the NetFile program will also increase the accuracy of filed campaign statements by prohibiting any filings that may have inadvertently omitted required information under the Act (e.9. missing addresses or the stated occupation of individual donors). Statement of Economic lnterest (Form 700) ln addition to campaign disclosure, the City Clerk will be converting Statement of Economic lnterest Form 700 filers to electronic filing. This component of NetFile does not require an ordinance and is simply an internal procedure change. Filers will have the option to file electronically; however, to ensure reporting continuity, once a statement, report, or other document is filed electronically on behalf of any filer, all future reports and other documents filed on behalf of that filer must be filed electronically. The City Clerk is currently responsible for the annual filing of approximately 227 Form 700s, which include the City Council, Planning Commission, City Manager, City Attorney, Treasurer, designated City employees, board and commission members, and consultants. Form 700s occasionally need amendments or are submitted incomplete or without marked schedules attached. The Form 700 electronic filing incorporates an initial review process and alerts the filer of errors at the time he or she is entering information, thereby minimizing the need for the City Clerk to request amendments. FISCAL IMPACT: Not applicable for this ordinance change. On May 15,2019, Council approved funding the system cost of $8,500 annually for a total cost over five years of $42,500 from the City Clerk's budget. FUNDING AVAILABLE: Not applicable. JMF ifer iolo, City Clerk SUBJECT: PUBLISH DATE: CITY OF LODI P. O. BOX 3006 LODI, CALIFORNTA 95241-I9IO ADVER TISING INSTRTI CTIONS SUMMARY OF ORDINANCES NO. I962. NO. I964 SATURDAY, JULY 20,2019 Pleuse ìmmediøtely confirm receípt a AITi 3 3 3-6702otsc LEGAL AD TEAR SHEETS WANTED: One íì ptease SEND AFFIDAVIT AND BILL TO LNS ACGT. #O5lOO52 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 KAYLEE CLAYTON ADMINISTRATIVE CLERK DATED: ORDERED BY PAMELA M. FARRIS DEPUTY CITY CLERK THURSDAY, JULY 18,2019 JENNIFER M. FERRAIOLO CITY CLERK Verify Ap rance of this Legal in the News paper - Co to File SEND PROOF OF ADVERTISEMENT. TIIANK YOt¡! ! Emailed to the Sentinelat legals@lodinews.com at on N:\Administration\CLERK\OrdSumma¡ies\Advins. doc CITY OF LODI ORDINANCE NO. I962 AN UNCODIFIED ORDINANCE OF THE LODI CIry COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1(PUBLIC SERVICES) (ANNEXATION NO. S). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 (Public Services) as Annexation No. 8. lntroduced June 19, 2019. Adopted July 17,2019 and effective August 16,2019. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. I963 AN ORDINANGE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE15 BUILDINGS AND CONSTRUCTION BY RESCINDING SECTION 15.64.030C,.,DEVELOPMENT IMPACT FUNDS," RELATING TO INTERFUND LOANS IN THE DEVELOPMENT IMPACT FEE FUNDS. The purpose of this ordinance is to make the Lodi Municipal Code consistent with Government Code 66006, relative to interfund loans in the lmpact Mitigation Fee Program. lntroduced July 17,2019. Adoption to be considered Auqust 7, 2019. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. I964 AN ORDINANGE OF THE LODI CITY COUNCIL 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. The purpose of this ordinance is to permit the use of an online filing system for Fair Political Practices Commission campaign disclosure statements as an option for filing and designating the filings received electronically by the Cíty Clerk's Office as the filings of record for the City. lmplementation of electronic filing will promote transparency and make filing and viewing of data more convenient for commíttees, individuals, and the public. lntroduced July 17 , 2Q19. Adoption to be considered Auqust 7, 2019. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi July 17 , 2019 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORD¡NANCE NO. I964 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 2 - ADMINISTRATION AND PERSONNEL - BY ADDING CHAPTER 2.I8, "ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS," RELAT¡NG TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRAGTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS on Thursday, July 18, 2019, in the city of Lodi, San Joaquin county, California, a certified copy of Ordinance No. 1964 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct Executed on July 18,2019, at Lodi, California ORDERED BY JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Deputy City Clerk Kaylee Clayton Administrative Clerk ordsummaríes\aaDecPost.doc ORDINANCE 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 bodyof a..local government agency may adopt an ordinance thai requires an elãcted officei, 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. ÏHE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: SECTION 1. Purpose and Authoritv. The purpose of this Ordinance is to add the option of filing Campaign Disclosure Statements byelected officials, candidates, or committees electronically. fne City Council enacts thið Ordinance in accordance with the authority granted to cities by state law. This ordinance ís intended to supplement, and not conflict with, the political ReformAct. SECTION 2. Findinqs. 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 localgovernment agency may adopt an ordinance that requires an elected officer, candidate, or committee, required to file statements, reports, or other documents required by Chapter á ofthe Political Reform Act to file such statements, reports, or other 'documénts online or electronically with the City Clerk; B. ln 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 ageñcy,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 multip!.e safeguards to protect the integrity and securíty of the data, it will oieratesecurely 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 otficer, 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 ef seq.) may fiie 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 onlinepursuant 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 isdeveloped by the California Secretary of State pursuant to Section Aa6O2(a)(2) of theCalifornia Government Code and that is compatible with the Secretary of StateS'dyitem ioireceiving an online or electronic filing. D. The online filing system shall include a procedure for filers to comply wíth the requirement that they sign statements and repofts under penalty of perjury pursuánt to Section g1004 ofthe Government Code. 2.18.020 Procedures for Utilizing Online Filing. A. During the period commencing with the effective date of this Ordinance 'and endingAugust 31,2020, an elected officer, candidate, or committee may choose to utilize theelectronic filing system by electronically filing a Statement that is required to be filed with theCity Clerk pursuant.to Chapter 4 of the Þolitical Reform Act. Once the elected officÀr,candidate, or committee has filed electronically, all subsequent Statements shall be filedelectronically. From and after September 1,2020, electroniò filing is mandatory unless theofficer, candidate, or committee is exempt as described in Sectioni.1g.O10.A. B. Any elected officer, candidate, or committee who has electronically filed a statement usingthe City Clerk's online system is not required to file a copy of that document in paper formaiwith the City Clerk. C' The City Clerk shall issue an electronic confirmation that notifies the filer that the Statementwas received, which notification shall include the date and the time that the Statement wasreceived and the method by which the filer may view anO print ttr; áài" received by theCity Clerk. The date of filing for a Statement filed online shall be the day that it is receivéd bythe City Clerk, D. lf the City Clerk's system is not capable of accepting a Statement due to technicaldifficulties, an elected otficer, candidate, or committee ðhatl file that Statement in paper format with the City Clerk. E. The online filing system shall enable electronic filers to complete and submjt filings free ofcharge. 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 aneasily understood format that provides the greatest public access. The data strail Oé madeavailable free of charge and as soon as þossible after receipt. The data made ava¡table oÃthe City's webpage shall not contain the street name and buìldíng number of the persons orentity representatives listed on the electronically filed forms or ãny bank account numberrequired to be disclosêd by the filer. The City Clerk's office shall make a complete,unredacted copy of the statement, including any street names, building numbers, and'bankaccount numbers disclosed by the filer, available to any person upon request. B. The Clty Clerk's office shall maintain, for a period of at least 10 years commencing from thedate filed, a secured, official version of each online or electronic itatement which sîatt servèas the official version of that record for purpose of audits and any other legal purpose. SEcTloN 4i Severabilitv. lf any section, subsection, subdivision, paragraph, sentence, clauseor phrase of this Ordinance or any pad thereof is for any reason held to be unconstitutional orinvalid or ineffective by any court of competent jurisdiction, such decision-shall not affect thevalidity or effectiveness of the remaining portions of this Ordinance or any þart thereof. rne CityCouncil of the City of .Lodi hereby declares that it would have passeo eaôn section, subsection,subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact ihat rny onaor more sections, subsections, subdivisj-ons., paragraphs, sentences, clauses or phrasés bedeclared unconstitutional or invalid or ineffectivè. - SEcTloN 5. No Mqndatorv Dutv of Care. This ordinance is not intended to and shall not beconstrued or given effect in a manner which imposes upon the City, or anv on¡cäi ";;öl"y;;thereof, a mandatory duty of care towards persons or [roperty within the City o.ortrioäïiiñãCity so as to provide a basis of civil liability for damages, exceþt as otheruvise imposed by law. - SECTION 6. Conflict. All ordinances and parts of ordinances in conflict herewith are repealedinsofar as such conflict may exist. SECT toN 7 Effective Date. This ordinance become eflective 30 days from the date of pass Attest: JENNIFER M. FERRAIOLO City Clerk .shall be published pursuant to law and shall age and adoption. Approved this _ day of _,2019 MARK CHANDLER Mayor 3 l, Jennifer M. Ferraiolo, City Clerk of the City of LodÍ, do hereby certify that Ordínance No. 1964 was introduced at a regular meeting of the City Councit oi the iity of Lodi held July 17,2019, and was thereafter passed, adopted, and ordered to print at a regúlar meeting of said Council held ,2019, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further ceftify that Ordinance No. 1964 was approved and signed by the Mayor on thedate of its passage and the same.has been published pursuant to law. JE NNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney 4