Chapter 4.04
CAMPAIGN FINANCE REFORM
Sections:
4.04.040 Limitations on campaign contributions.
4.04.050 Informational meeting.
4.04.010 Purpose.
The purpose of this chapter is to prevent improper influence over elected officials, or the appearance of such, by establishing limitations on campaign contributions relating to municipal elections within the City of Sausalito. [Ord. 1136 § 1(Exh. A), 1999.]
4.04.020 Application.
The contribution limits contained herein shall apply to all election cycles, and special election cycles if any, which began but have not ended prior to the effective date of this chapter. [Ord. 1136 § 1(Exh. A), 1999.]
4.04.030 Definitions.
As used in this chapter, the following words shall have the following meanings:
“Ballot measure relating to City law” includes initiatives, referenda, resolutions, advisory measures, and measures which are required by law to be submitted to a vote by the electorate.
“Candidate” means a person who seeks election to an elective City office, including an office holder and all individuals specified in Section 82007 of the Government Code.
“City election” means any municipal election to fill public offices in the City of Sausalito, to hold recall elections, and to vote on ballot measures relating to City law.
Election Cycle. For each elective City office, the term “election cycle” means a two-year period of time commencing on January 1st and ending at midnight on December 31st following the next election for the same office.
“Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or labor organization.
“Political committee” means a committee of persons which receives contributions from two or more persons and whose members act in concert to make contributions to candidates.
“Primarily formed committee” means a committee pursuant to Section 82013(a) of the Government Code which is formed or exists primarily to support or oppose a single candidate or a single measure, or a group of specific candidates being voted upon in the same City election.
“Special election cycle” means that period of time which begins the day on which the elective office becomes vacant and ends the day of the special election.
All other words and terms shall have the meanings ascribed to them by the definitions set forth in the Political Reform Act. (Government Code Section 81000 et seq.) [Ord. 1136 § 1(Exh. A), 1999.]
4.04.040 Limitations on campaign contributions.
A. Monetary Contributions by Persons. In any election cycle or special election cycle, no person shall make, and no candidate for elective City office, or campaign treasurer, shall solicit or accept, any monetary contribution, including loans, which would cause the total amount of monetary contributions made by that person to that candidate for elective City office or to any committees controlled by that candidate, including monetary contributions to all committees controlled by the candidate, to exceed $500.00.
B. Monetary Contributions by Political Committees. In any election cycle or special election cycle, no political committee shall make, and no candidate for elective City office, or campaign treasurer, shall solicit or accept, any monetary contribution, including loans, which would cause the total amount of monetary contributions made by a political committee to that candidate for elective City office or to any committees controlled by that candidate to exceed $500.00.
C. In-Kind Contributions. In any election cycle or special election cycle, no candidate for elective City office, or campaign treasurer, shall solicit or accept any in-kind goods and services (nonmonetary) which would cause the total amount contributed (monetary and nonmonetary) to that candidate, including contributions to all committees controlled by the candidate, to exceed $500.00 by a person or by a political committee.
D. Limitations Applicable to Ballot Measure Committees Controlled by Candidate. In the event a candidate for elective City office forms or controls a committee which supports or opposes a ballot measure relating to City law, the candidate and committee shall cumulatively be subject to the contribution limitations set forth in subsections A, B and C of this section. Ballot measure committees organized to support or oppose a matter relating to City law which are not controlled by a candidate for elective City office shall not be subject to the contribution limitations set forth in this chapter.
E. Limitations Applicable to Specified Committees. Primarily formed committees or similarly organized committees formed or existing primarily to support or oppose a single candidate or a group of specific candidates for elective City office being voted upon in the same election shall be subject to the campaign contribution limitations set forth in this chapter. [Ord. 1259 §§ 1, 2, 2018; Ord. 1136 § 1(Exh. A), 1999.]
4.04.050 Informational meeting.
The City Clerk and City Attorney shall invite all qualified candidates for City office to a meeting, in the week following the close of the nomination period for City office, to inform candidates of the provisions of this chapter. [Ord. 1136 § 1(Exh. A), 1999.]
4.04.060 Enforcement.
A. Civil Action.
1. Any person who violates any provisions of this chapter may be subject to a civil action brought by the City Attorney. If found culpable, that person may be required to pay a fine in an amount not to exceed three times the amount unlawfully contributed; but in no event shall the person be liable for more than $5,000 per violation.
2. If two or more persons are responsible for any violation, they shall be jointly and severally liable.
3. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. Any fines levied pursuant to this chapter shall be paid to the City’s general fund.
4. No civil action alleging a violation of this chapter may be filed more than two years from the date the violation occurred.
B. Injunctive Relief. The City Attorney may seek injunctive relief to enjoin violations of, or to compel compliance with, the provisions of this chapter. [Ord. 1136 § 1(Exh. A), 1999.]