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HomeMy WebLinkAbout07.A- City Clerk 7.A ORDINANCE (ID#2802) DOC ID: 2802 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Election From: Georgeann "Gigi" Hanna M/CC Meeting Date: 12/02/2013 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). (#2802) Current Business Registration Certificate: Yes 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: At the November 4,2013 Council meeting,this item was brought forth for consideration and rejected. Council members were concerned that the timing would be difficult for year-end reporting for those unused to the system and sought a six-month roll-out.However,with the two-meeting requirement to pass an ordinance,and assuming the ordinance passes on December 16,it would not take effect until January 16,2014,after the year-end deadline for filing of FPPC Form 460s.This would,in effect,give committees six months to train on the system before the June 30,2014 deadline for filing semi-annual campaign disclosure statements.Another suggestion was to institute a dual-track system that allows people to file either electronically or on paper. But that does not make sense as this ordinance makes electronic filing mandatory. (This system has been used in the City Clerk's Office since June 2013, creating,in effect,a voluntary dual-track system. We have found,however,that without making it mandatory,committees are loathe to change the manner in which they are accustomed to filing these statements). Ultimately,what this amounts to is causing a short-term inconvenience to the 42 political campaigns that currently are active in the City of San Bernardino for the long-term benefit of increased transparency for the 200,000 residents of the city,more effective use of staff resources within the City Clerk's Office,and greater accuracy in reporting for committees. Background: 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 Updated: 11/27/2013 by Georgeann"Gigi"Hanna A -� 7. 7 ..7, 2802 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 A132452,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 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. The NetFile system has been in use around the state since 2003,and the software is highly reliable. Reports of problems are generally attributed to a need for training,rather than glitches in the software. When people have been trained on the software,they generally report satisfaction with it. The vendor responds quickly to requests for help,usually within hours. The people who report having issues with the software also have many problems filing on paper and cause the most work from an amendment process, usually those with treasurers who are not aware of the law. Campaigns using someone familiar with Disclosure law in California, or a professional treasurer prefer filing electronically, as it does not require a trip to the City Clerk's Office to turn in paperwork. 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 all addresses redacted)online immediately, 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, Updated: 11/27/2013 by Georgeann"Gigi"Hanna A 3 , 2802 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. 2802 (PDF) A1324521egislation (PDF) San Bernardino City Letter for Electronic filings_Ray (PDF) Rego email (PDF) SBCity Clerk re Elecronic Filingl_Reiter (PDF) I Updated: 11/27/2013 by Georgeann"Gigi"Hanna A .ackk Pg:434 7.A.a 1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.57 TO 2 THE SAN BERNARDINO MUNICIPAL CODE REGARDING ONLINE 3 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 6 entry filing system that allows campaign committees and other recipient committees to submit their California Political Reform Act mandated campaign statements, 7 commonly referred to as their Fair Political Practices Commission (FPPC) Form 460s, _ online; 8 N c m 9 WHEREAS, NetFile will operate securely and effectively and will not unduly burden filers; and y lc 11 WHEREAS, California Government Code §84615 allows the legislative body of Q a local government agency to adopt an ordinance that requires an elected officer, E 12 candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act. o 13 M S NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF TH S E CITY 14 U 15 OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: v 16 Section 1. w Chapter 2.57 is hereby added to the San Bernardino Municipal Code to 17 read as follows: o CHAPTER 2.57 co 18 ONLINE OR ELECTRONIC FILING OF FAIR POLITICAL PRACTICES N COMMISSION FORMS. co 19 20 2.57.010 Fair Political Practices Commission Form 460. Any person required to file a Fair Political Practices Commission Form 460 by 21 Government Code Section 84100, et seq, shall file the Form 460 online or E electronically with the City Clerk. Any form filed electronically with the City Clerk shall 22 not be required to be filed in paper format. �- 23 24 23 26 27 28 1 Packet Pg.435 7.A.a 1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.57 TO 2 THE SAN BERNARDINO MUNICIPAL CODE REGAIRDING ONLINE 3 OR ELECTRONIC FILING OF FAIR POLITICAL PRACTICES COMMISSION FORM 460s. 4 ! 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 6 thereof, held on the day of , 2013, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ N w 9 JENKINS 10 N VALDIVIA T 11 Q 12 SHORETT 0 13 VACANT G 14 JOHNSON E 15 0 MULVIHILL 16 w 17 0 0 N 18 Georgeann Hanna, City Clerk N 0 0 19 The foregoing Ordinance is hereby approved this day of 2013. 20 0 21 E PATRICK J. MORRIS, Mayor 22 City of San Bernardino a Approved as to form: 23 24 GARY D. SAENZ City Attorney 25 26 27 By.`" 28 2 LPacket Pg. 436 7.A.b Assembly Bill No.2452 CHAPTER 126 An act to add Section 84615 to the Government Code, relating to the Political Reform Act of 1974. [Approved by Govemor 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 E lobbyist employers to file campaign statements and reports online or electronically with the Secretary of State, as specified. The act requires y certain of these entities to also file campaign statements and reports with c local filing officers,as specified. a' This bill, with certain exceptions, would authorize a local government CL agency to require an elected officer,candidate,committee,or other person E required to file specified statements,reports,or other documents to file those v statements,reports,or other documents online or electronically with a local 0 filing officer. The bill would prescribe criteria that must be satisfied by a c local government agency that requires online or electronic filing of = statements, reports, or other documents, as specified, including, among M others,that the system be available free of charge to filers and to the public 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 Z/, o vote of each house and compliance with specified procedural requirements. co This bill would declare that it furthers the purposes of the act. 0 The people of the State of California do enact as follows: _a N SECTION 1. Section 84615 is added to the Government Code,to read: ?� 84615. A local government agency may require an elected officer, LO candidate, committee, or other person required to file statements, reports, N or other documents required by Chapter 4(commencing with Section 84100), m except an elected officer,candidate,committee,or other person who receives a contributions totaling less than one thousand dollars ($1,000), and makes m expenditures totaling less than one thousand dollars($1,000),in a calendar E year, to file those statements, reports, or other documents online or U R w a 96 Lpacket Pg.437 7.A.b 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 electronically. E (b) The online or electronic filing system shall only accept a filing in the standardized record format that is developed by the Secretary of State U) pursuant to paragraph (2) of subdivision (a) of Section 84602 and that is c compatible with the Secretary of State's system for receiving an online or L electronic filing. a (c) The online or electronic filing system shall ensure the integrity of the E data transmitted and shall include safeguards against efforts to tamper with, v manipulate,alter,or subvert the data. o (d) (1) The local filing officer shall issue to a person who files a 0 statement,report,or other document online or electronically an electronic = confirmation that notifies the filer that the statement, report, or other document was received. The confirmation shall include the date and the .0� time that the statement,report,or other document was received by the filing o 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 c to paragraph (1) that shows the filer timely filed the statement,report, or N other document shall create a rebuttable presumption that the filer timely C 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 w filing officer. CO (f) The local filing officer shall make all the data filed available on the cV 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 Q contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account °' number required to be disclosed by the filer. The local filing officer shall s make a complete, unredacted copy of any statement, report, or other M Q 96 Packet Pg.438 -3— Ch. 126 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. U) 0) Notwithstanding any other provision of law,any statement,report,or d other document filed online or electronically pursuant to this section shall d not be required to be filed with the local filing officer in paper format. SEC. 2. The Legislature finds and declares that this bill furthers the CO purposes of the Political Reform Act of 1974 within the meaning of c subdivision(a)of Section 81012 of the Government Code. °1 CL E M U 1 � O C V a O L i.+ V d W N O O N C O M N d N LO d N m Q C d E M O cva w w Q 96 7.A.c S�AJ :RA E 'ca CL E it Alt0it Avc . IS.6.10 11, SOMIN A.:-* CA: 9,Z? i:5 � _ o : LU C 1311W 300 N.VSL S.olt*Somordim V .9241 O N 1w Col M- 11 Mondbom R it+ ra :o ttcii�a� t .i► rit s � � bl o dadli€cs ll alt ifril 1 titSft�i' pn tl t b�► ,rltr �t q A O Wk1�C T-b iii Im ib. 1'�r�°[be publ c�to bo abk fx vjoiy��1�ai10 topong'tlll�lE tlf� ICt�iMi�ig� � 3 tr ti Y,,am einiEFC. i4 `�ictiw�n t'81 i Filwaltlet� grit i nfxsrr thin fz the p hl w Q�d tlj Fw.a.-A. o sot aim % 'rar tleut t1N1 txl` alti±ttG scud t6cir �irer `iauratics ncl 3i tic�t IttrvB rtal3ta i�iirr�, l.. ove its wfiy Cvrxtr��tllr i I?I �'Y{ �ii" 1I131�t!iit'dx 8LiY9b'$11t �iiltX U1t8 :W+�IGCk w �ai�tslepr ee i irr :i� a, Mtl 6 Val a c l i nE; r� $ Ili nt€r � f .Sisv l+ ai:i >1 �crsr dE[ t o�i �i rr pro air t ted-au k on c c� P oso #`r l:vAil:rme ifyna wauld Mc=twdisouss or-ha .any.-q trsiluns. m c �a _ d w Q r. u Packet Pg.440 Gigi Hanna From: Robert Rego Sent: Monday, November 25, 2013 4:21 PM To: Gigi Hanna Subject: Re: Netfile Follow Up Flag: Follow up Flag Status: Flagged I think I have had my initial concerns addressed. I will be starting to use the system for one campaign starting January 1st:The smaller campaign I want to start using now.Can you send me the codes for concerned taxpayers of San Bernardino? N r-+ The Netfile was quite helpful in addressing note capabilities for extra clarification.When we do electronic signing,can E each party log in at different sites and sign? ; R Cn I am doing a final 450 and 410 for Chas Kelley for Mayor? If we are at zero balances, can we close this account out next week? CL E I fully support the automation of this system. I just am a cautious individual. ti Sent from my iPhone o rn c On Nov 25,2013,at 3:07 PM, Gigi Hanna<Hanna Gi(cDsbcity.org>wrote: M P Robert: r- 0 w a� Do you have any remaining concerns with the Netfile system? I want to make sure they are addressed as W soon as possible and that you are comfortable with it. cv 0 00 Gigi Hanna N City Clerk City of San Bernardino 0E) 300 N. D St. o� as San Bernardino,CA 92418 o: Office(909)384-5102 w Fax(909) 384-5158 a=i www.sbcity.org E U www.facebook.com/sbcitygov r a ZVam mAe m yom ualce;.L'ea'd am&dame rwlde/ 1 Packet Pg.441 7.A.e if,,1 ,,,, ARVIN M . REITER November 26, 2013 Vl Georgeann Hanna, City Clerk a City of San Bernardino E 300 North D Street, 2°d Floor 2 Cn San Bernardino, CA 92418 = Re: Electronic Filing—Form 460 E U Dear Ms. Hanna: o co S In 2012,the City of San Bernardino, instituted the ability to electronically file FPPC Form 460 as ii well as other forms that were required (Form 497) in connection with the Campaign Finance 2 laws of the State of California. This was an outstanding move in attempting to provide the public with a place where they could access important campaign finance information without d causing a personnel effort on the part of the office of the City Clerk. I commend you for this w service. As a treasurer for a number of San Bernardino City candidates and committees, it has c been a valuable asset. N a� I have found this system reduced greatly the issues that would normally have arisen with the staff of the City Clerk's office by improving both the data provided and elimination of errors on the W carry forward of prior balances of receipts and disbursements as well as loan data. 0) E In addition,I would ask that you petition the City Council to allow the City Clerk's office to r waive the requirement of filing a"signed hard copy" of the forms electronically filed in o accordance with Assembly Bill that provides for this waiver. This would further reduce the efforts required by the City Clerk's staff. That would encourage the use of the electronic filing w system. L Y L Last, I would again encourage and support that the City require all candidates to utilize this free U system. It benefits the public by providing instant access for all to gain access to the information U without causing any additional utilization of staff, by the City Clerk's office. ca Cn w Please feel free to call me if you wish to discuss this issue further. a E Very truly yours, a r a Marvin M. Reiter i 300 E.STATE ST.•SUITE 503 REDLANDS•CALIFORNIA 92373 (909)307-2368 marvinmreiter @me.