HomeMy WebLinkAboutOrdinance 388 Electronic Campaign Filing OrdinanceORDINANCE NO.388
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ADDING ARTICLE 2-55 TO THE SARATOGA MUNICIPAL
CODE RELATING TO ELECTRONIC AND PAPERLESS FILING OF
FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN
DISCLOSURE STATEMENTS
WHEREAS, public access to campaign disclosure information is an integral component
of a fully informed electorate, and transparency is critical in order to maintain public trust
and support of the political process; and
WHEREAS, since the enactment of the Political Reform Act, candidates and
committees have complied with filing requirements by filing paper copies of campaign
statements and reports; and
WHEREAS, the City Clerk of the City of Saratoga ("City Clerk") is the Local Filing
Officer for the Fair Political Practices Commission disclosure statements and is responsible for
receiving, reviewing, and making available campaign disclosure statements; and
WHEREAS, the elimination of manual processing of filings through electronic filing
requirements will conserve resources and ensure the public has access to the information
disclosed in campaign statements; and
WHEREAS, AB 2151 signed by Governor Newsom adds Section 84616 to the
Government Code and requires local government agencies to post on its website "a copy of any
statement, report or other document required by Chapter 4 (commencing with Section 84100) that
is filed with that agency in paper format"; and
WHEREAS, the City Clerk has identified a web -based system that will allow
electronic filing in compliance with California Government Code section 84615 and has been
approved by the Secretary of State for the electronic filing of campaign disclosure statements;
and
WHEREAS, the City Council of the City of Saratoga ("City Council") 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, 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
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 filer may file the copy online or electronically, but is not required to do so; and
Ordinance No. 388
Page 2
C. The City Council expressly finds and determines that the City Clerk's web -based
system has been approved by the Secretary of State for the electronic filing of campaign
disclosure statements, and that the software contains multiple safeguards to protect the integrity
and security of the data, will operate securely and effectively, and 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, as may be amended from time to
time and any other applicable laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES
ORDAIN AS FOLLOWS:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section,
sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would
have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
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Page 3
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 2nd day of February 2022 and was
adopted by the following vote on February 16, 2022:
AYES: Council Members Bernald, Kumar, Zhao, Vice Mayor Fitzsimmons, Mayor
Walia
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED�:,�,Qv
Tina Walia
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:3 _ /_ "'q(,-)
Britt Avrit, MMC
CITY CLERK
APPROVED AS TO FORM:
DATE:
2tic) - t' L-Z-
Richard Taylor
CITY ATTORNEY
Ordinance No. 388
Page 4
EXHIBIT A
Article 2-55 - Campaign Disclosure Statements, Electronic Filing.
2-55.010 - General.
(a) Any elected officer, candidate, committee, or other person required to file statements,
reports or other documents (a "Statement") under Chapter 4 of the Political Reform
Act (California Government Code section 84100, et seq.) shall file such Statement(s)
using the online filing system established by the City Clerk. This requirement
shall not apply to an elected officer candidate, committee or other person who receives
contributions totaling less than $2,000 and makes expenditures totaling less than $2,000
in a calendar year.
(b) Any person holding a position listed in Government Code Section 87200 or designated
by the City's conflict of interest code shall file any required Statement of Economic
Interest reports online or electronically using the system established by the City Clerk.
(c) The City Clerk is authorized to establish, administer, and update the online- system
referenced above in a manner consistent with the requirements set forth in
Government Code Section 84615 and all other applicable laws.
(d) Online filings made under this Article will only be accepted if made in the
standardized record format that is developed by the California Secretary of State
pursuant to Government Code Section 84602(a)(2).
(e) In any instance in which an original Statement must be filed with the California
Secretary of State and a copy of that Statement is required to be filed with the City
Clerk, the filer may, but is not required to, file the copy electronically.
2-55.020 Procedures for Utilizing Online Filing.
(a) 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.
(b) If the City Clerk's online system is not capable of accepting a Statement, an elected
officer, candidate, or committee shall file that Statement in paper format with the City
Clerk.
(c) The online filing system shall enable electronic filers to complete and submit filings free
of charge.
1454612.2