City Council Meeting 7-24-01                                                      Santa Monica, California

 

 

 

ORDINANCE NUMBER ____

 

(City Council Series)

 

 

 

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA ADDING SECTION 11.04.165 TO THE SANTA

MONICA MUNICIPAL CODE RELATING TO INITIATIVE AND

REFERENDA PETITIONS AND RECALLS

AND DECLARING THE PRESENCE OF AN EMERGENCY

 

 

 

WHEREAS, government should serve all people equally, without regard to their wealth; and

WHEREAS, soaring campaign costs increase the power and influence of wealthy contributors, giving them undue influence over the political process and the government and undermining public confidence in government; and

WHEREAS, the full and timely disclosure of campaign contributions ameliorates these problems by giving voters information they need to vote wisely and by averting corruption; and

WHEREAS, the disclosure requirements set forth in California=s Political Reform Act protect voters= ability to make informed choices and safeguard against corruption and undue influence; and


WHEREAS, although generally salutary, the state=s disclosure requirements do not adequately address the voters= needs for information involving local ballot measures because, when the circulation period is brief, disclosure may not occur until after circulation has concluded; and

WHEREAS, Government Code Section 81009.5 recognizes that cities have the authority to adopt additional filing requirements applicable to committees supporting or opposing the qualification of, or passage of, local ballot measures; and

WHEREAS, Santa Monica wishes to exercise this authority to ensure that its voters may make informed decisions on ballot measures and in order to protect the electoral process against corruption and undue influence,

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1.  Section 11.04.165 is hereby added to the Santa Monica Municipal Code to read as follows:

Section 11.04.165.  Disclosure Requirements During Signature Gathering Periods for Initiatives, Referenda and Recalls in the City of Santa Monica.

(a) In order to ensure that any person interested in the finances of any committee that is raising or spending funds to support or oppose an initiative, recall or referendum, such committees shall file their financial disclosure documents on dates that are within the time period in which signatures are gathered.


(b) For initiatives and recalls, campaign disclosure statements shall be filed on the 10th day of the signature gathering period, on the 30th day, and every 30 days thereafter.

(c) For referenda, which have a 30 day signature gathering period, campaign disclosure statements shall be filed on the 10th and 20th day of the period.

(d)   Otherwise, campaign statements shall be completed and filed as specified in state law.

 

SECTION 2.  This Ordinance is declared to be an emergency measure adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter and is necessary for preserving the public peace, health, safety and welfare.

 

SECTION 3.  Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

 


SECTION 4.  If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.  The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

 

SECTION 5.  The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.  The City Clerk shall cause the same to be published once in the official  newspaper within 15 days after its adoption.   This Ordinance shall become effective upon its adoption.

 

APPROVED AS TO FORM:

 

 

 

_________________________

MARSHA JONES MOUTRIE

City Attorney