HomeMy WebLinkAbout06.A- City Clerk ORDINANCE (ID#2732) DOC ID: 2732 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Information/Report
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 11/04/2013
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
An Ordinance of the Mayor and Common Council Of the City of San Bernardino Adding
Chapter 2.57 to the San Bernardino Municipal Code Regarding Online or Electronic Filing of
Fair Political Practices Commission Form 460S (FIRST READING). (#2732)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: «$12,000» Account No. «001-030-009-5502 >>
Account Description: «Professional/Contractual»
Balance as of. «10/22/2013»
Balance after approval of this item: «19,894»
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Lay over Ordinance for final adoption.
Synopsis of Previous Council Action:
Item was set for Legislative Review Committee meeting October 22,but the meeting was
cancelled for lack of quorum and the chair moved the item to full council for consideration.
Back-2round:
In June 2013, the City Clerk's Office began using NetFile, a web-based data entry filing system that
allows campaign committees and other recipient committees to submit online their California Political
Reform Act mandated campaign statements, commonly referred to as their Fair Political Practices
Commission(FPPC)Form 460s. Other forms available for use in this system are FPPC forms 410,461,
465,496,and 497. NetFile is the only web-based campaign filing system that meets the criteria of
Assembly Bill 2452 which allows a local government in CA to become a paperless filing agency for
Campaign Disclosure statements. The bill allows a local government agency in CA that uses NetFile's
system to no longer require a paper copy with a"wet signature" for FPPC forms listed in the bill to be
filed with the City Clerk's Office,as long as the local body passes an ordinance to that effect.
The Clerk's Office provided training in June 2012 to 8 campaign treasurers and since then, several
candidate committees have begun using the software voluntarily. An additional training was held
October 16, 2013, and six people attended.
In 2012 the California Assembly and Senate each unanimously approved AB2452,which gave local
jurisdictions the authority to require that candidates file their campaign disclosure forms electronically,
and the governor signed it into law,which took effect January 2013. Since then,seven local government
Updated: 10/29/2013 by Jolena E.Grider B ._■
6.A ,
2732
agencies throughout the state have chosen to enact paperless filing: the cities of San Diego, San
Francisco,Berkeley,Oakland,and the counties of Butte,Ventura,Riverside and Marin. San Bernardino
County does use the system,but has not mandated it.
With the public's continued calls for greater transparency in political campaigns,and the need to run San
Bernardino City Hall offices with greater efficiency at a time of tight budgets,mandated web-based
campaign disclosure makes sense,and cents.
Electronically filed campaign statements are viewable(with addresses redacted)online,and offer
convenient and instant accessibility to committee filed information.The service is free to the user;the
cost to the City Clerk's Office is $12,000 annually,compared to the$30+/hour cost to have a Deputy City
Clerk,accept the forms and check them for accuracy. Most of the mistakes found on FPPC Form 460s by
Clerk staff are clerical or mathematical errors;both would be eliminated with this system. The greatest
advantage in using the system as a filer is the system validates your data as you create it to help eliminate
errors that would normally cause you to have to file an amendment.This saves City Clerk staff time,
increases transparency across the board and protects candidates from mistakes that could get them in
trouble with the FPPC.
The city currently has 42 entities required to file 460s,including current elected officials,candidates for
office,and political action committees that support local candidates. Election software that professional
campaign treasurers use already integrate with the NetFile system,and it is a matter of importing
information from digital files, such as an Excel spreadsheet, into the web-based format. Those committees
that do not use specialized election software can enter the information themselves into the NetFile system,
which then keeps track of the names,addresses,and contributions of individuals and that can be accessed
throughout a campaign so the candidate or treasurer does not need to re-enter the information each time
they file their statements.
Web browsers,compression utilities and PDF reader software can be downloaded free of charge from the
City Clerk's web page and clicking on the"Electronic Campaign Disclosure"link,which takes users to a
login screen.An online user's guide offers an overview of the process,and those questions that can not be
answered by the online guide can be directed to City Clerk staff or e-mailed to NetFile filerhelp.
As per AB2452 (see attached),the City needs to adopt an ordinance that includes the following language:
The City approves the use of online or electronic filing. This includes a finding that the electronic filing
system will operate securely and effectively and will not unduly burden filers.
This process will require more training,of both City Clerk staff and campaign treasurers,but the benefits
to all concerned--the public,the candidates,and City Hall staff will quickly become clear--even
transparent.
City Attorney Review:
Supporting Documents:
ord 2732 (PDF)
AB24521egislation (PDF)
Updated: 10/29/2013 by 7olena E. Grider B Packet Pg.293
6.A.a
1 AN ORDINANCE OF THE MAYOR AND COMMON
-- COUNCIL OF THE CITY OF SAN BERNARDINO ADDING
2 CHAPTER 2.57 TO THE SAN BERNARDINO MUNICIPAL
3 CODE REGARDING ONLINE OR ELECTRONIC FILING OF
FAIR POLITICAL PRACTICES COMMISSION FORM 460s.
4
5 WHEREAS, the City Clerk's Office began using NetFile, a web-based data entry filing
6 system that allows campaign committees and other recipient committees to submit their
California Political Reform Act mandated campaign statements, commonly referred to as their
7 Fair Political Practices Commission(FPPC) Form 460s, online;
s
WHEREAS, NetFile will operate securely and effectively and will not unduly burden c
9 filers; and
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10 WHEREAS, California Government Code §84615 allows the legislative body of a
11 local government agency to adopt an ordinance that requires an elected officer, candidate,
committee, or other person required to file statements, reports, or other documents required by u-
12 Chapter 4 of the Political Reform Act.
13 a
NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY M
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-" OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 0
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Section 1. Chapter 2.57 is hereby added to the San Bernardino Municipal Code to read as w
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follows:
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17 CHAPTER 2.57
ONLINE OR ELECTRONIC FILING OF FAIR POLITICAL PRACTICES
18 N COMMISSION FORMS. ti
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19 •a
2.57.010 Fair Political Practices Commission Form 460. o
20 Any person required to file a Fair Political Practices Commission Form 460 by r_
Government Code Section 84100, et seq. shall file the Form 460 online or electronically with E
21 the City Clerk. Any form filed electronically with the City Clerk shall not be required to be
22 filed in paper format. r
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1
I AN ORDINANCE OF THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO ADDING
2 CHAPTER 2.57 TO THE SAN BERNARDINO MUNICIPAL
3 CODE REGARDING ONLINE OR ELECTRONIC FILING OF
FAIR POLITICAL PRACTICES COMMISSION FORM 460s.
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held
6 on the day of ,2013, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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11 VALDIVIA
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13 VACANT E
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18 Georgeann Hanna, City Clerk
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19 The foregoing Ordinance is hereby approved this day of ,2013. o
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22 PATRICK J. MORRIS, Mayor a
City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN
25 City Attorney
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27 By:
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Assembly Bill No.2452
CHAPTER 126
An act to add Section 84615 to the Government Code, relating to the
Political Reform Act of 1974.
1
[Approved by Governor July 13,2012.Filed with
Secretary of State July 13,2012.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2452,Ammiano.Political Reform Act of 1974: online disclosure.
The Political Reform Act of 1974 requires specified candidates,
committees, slate mailer organizations,and lobbyists,lobbying firms,and o
lobbyist employers to file campaign statements and reports online or y
electronically with the Secretary of State, as specified. The act requires o
certain of these entities to also file campaign statements and reports with d
local filing officers,as specified. c
This bill, with certain exceptions, would authorize a local government =_
agency to require an elected officer,candidate,committee,or other person U-
required to file specified statements,reports,or other documents to file those a)
statements,reports,or other documents online or electronically with a local Q
filing officer. The bill would prescribe criteria that must be satisfied by a E
local government agency that requires online or electronic filing of
I statements, reports, or other documents, as specified, including, among U
others,that the system be available free of charge to filers and to the public o
9! for viewing filings, and that the system include a procedure for filers to
comply with the requirement that they sign statements and reports under
penalty of perjury. w
The Political Reform Act of 1974, an initiative measure, provides that
the Legislature may amend the act to further the act's purposes upon a 2/3
vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act. c
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The people of the State of California do enact as follows: 1°
A
SECTION 1. Section 84615 is added to the Government Code,to read: N
84615. A local government agency may require an elected officer, Ln
candidate, committee, or other person required to file statements, reports, m
or other documents required by Chapter 4(commencing with Section 84100), Q
except an elected officer,candidate,committee,or other person who receives
contributions totaling less than one thousand dollars ($1,000), and makes a0i
expenditures totaling less than one thousand dollars($1,000),in a calendar E
year, to file those statements, reports, or other documents online or
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Ch. 126 —2—
electronically with a local filing officer. A local government agency that
requires online or electronic filing pursuant to this section shall comply with
all of the following:
(a) The legislative body for the local government agency shall adopt an
ordinance approving the use of online or electronic filing,which shall include
a legislative finding that the online or electronic filing system will operate
securely and effectively and would not unduly burden filers.The ordinance
adopted by the legislative body for the local government agency may, at
the discretion of that legislative body, specify that the electronic or online
filing requirements apply only to specifically identified types of filings or
are triggered only by identified monetary thresholds. In any instance in
which the original statement, report, or other document is required to be
filed with the Secretary of State and a copy of that statement,report,or other
document 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 3
electronically. o
(b) The online or electronic filing system shall only accept a filing in the N
standardized record format that is developed by the Secretary of State o
pursuant to paragraph (2) of subdivision (a) of Section 84602 and that is
compatible with the Secretary of State's system for receiving an online or
electronic filing. c
(c) The online or electronic filing system shall ensure the integrity of the "-
data transmitted and shall include safeguards against efforts to tamper with, r-
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manipulate,alter,or subvert the data. Q
(d) (1) The local filing officer shall issue to a person who files a E
statement,report, or other document online or electronically an electronic
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confirmation that notifies the filer that the statement, report, or other
document was received. The confirmation shall include the date and the 'o
j time that the statement,report,or other document was received by the filing
officer and the method by which the filer may view and print the data
received by the filing officer. W
(2) A copy retained by the filer of a statement,report,or other document
that was filed online or electronically and the confirmation issued pursuant
to paragraph(1) that shows the filer timely filed the statement, report, or
other document shall create a rebuttable presumption that the filer timely
filed the statement,report,or other document. o
(e) The date of filing for a statement, report, or other document that is
filed online or electronically shall be the day that it is received by the local
filing officer.
(f) The local filing officer shall make all the data filed available on the
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Internet in an easily understood format that provides the greatest public N
access. The data shall be made available free of charge and as soon as CO
possible after receipt. The data made available on the Internet shall not a
contain the street name and building number of the persons or entity
representatives listed on the electronically filed forms or any bank account E
number required to be disclosed by the filer. The local filing officer shall -�
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make a complete, unredacted copy of any statement, report, or other ;g
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6.A.b
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document filed pursuant to this section,including any street names,building
numbers,and bank account numbers disclosed by the filer,available to any
person upon request.
(g) The online or electronic 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.
(h) The local government agency shall enable filers to complete and
submit filings free of charge.
(i) The local filing officer 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, report, or other document filed pursuant to this
section,which shall serve as the official version of that record for purpose
of audits and any other legal purpose.Data that has been maintained for at
least 10 years may then be archived in a secure format. m
(j) Notwithstanding any other provision of law,any statement,report,or w
other document filed online or electronically pursuant to this section shall o
not be required to be filed with the local filing officer in paper format. ,ten
SEC. 2. The Legislature finds and declares that this bill furthers the o
purposes of the Political Reform Act of 1974 within the meaning of
subdivision(a)of Section 81012 of the Government Code.
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