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: 12/16/2013
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 (FINAL 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: Adopt the Ordinance.
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: 12/3/2013 by Linda Sutherland A I Packet Pg. 527
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 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
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: 12/3/2013 by Linda Sutherland A Packet Pg. 528
2802
0 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)
AB24521egislation (PDF)
San Bernardino City Letter for Electronic filings—Ray (PDF)
Rego email (PDF)
SBCity Clerk re Elecronic Filingl_Reiter (PDF)
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Updated: 12/3/2013 by Linda Sutherland A P ket Pg.529" '
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;
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9 WHEREAS, NetFile will operate securely and effectively and will not unduly
burden filers; and CU
10 N
i 1 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 US
documents required by Chapter 4 of the Political Reform Act. o
13 0)
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY E
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15 OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: c°
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16 �j
Section 1. Chapter 2.57 is hereby added to the San Bernardino Municipal Code to L
read as follows: o
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CHAPTER 2.57 N
18 ONLINE OR ELECTRONIC FILING OF FAIR POLITICAL PRACTICES o
COMMISSION FORMS. N
19
20
2.57.010 Fair Political Practices Commission Form 460. 0
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. -�
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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
1 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 y
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JENKINS
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VALDIVIA
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12 SHORETT
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14 JOHNSON E
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18 Georgeann Hanna, City Clerk N
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19 The foregoing Ordinance is hereby approved this day of , 2013.
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PATRICK J. MORRIS, Mayor
22 City of San Bernardino a
Approved as to form:
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24 GARY D. SAENZ
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.
[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. w
The Political Reform Act of 1974 requires specified candidates, (D
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 in
certain of these entities to also file campaign statements and reports with a-
local filing officers,as specified. L
This bill, with certain exceptions, would authorize a local government a
agency to require an elected officer,candidate,committee,or other person
required to file specified statements,reports,or other documents to file those v
statements,reports,or other documents online or electronically with a local o
filing officer. The bill would prescribe criteria that must be satisfied by a M
local government agency that requires online or electronic filing of S
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 _
for viewing filings, and that the system include a procedure for filers to 0
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 0
vote of each house and compliance with specified procedural requirements. N
This bill would declare that it furthers the purposes of the act.
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The people of the State of California do enact as follows: v
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SECTION 1. Section 84615 is added to the Government Code,to read:
84615. A local government agency may require an elected officer, n
candidate, committee, or other person required to file statements,reports, N
or other documents required by Chapter 4(commencing with Section 84100), m
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except an elected officer,candidate,committee,or other person who receives +;
contributions totaling less than one thousand dollars ($1,000), and makes
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 Y
ordinance may permit,but shall not require,that the copy be filed online or (D
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 CO
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 •2)
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 as
statement,report, or other document online or electronically an electronic c=
confirmation that notifies the filer that the statement, report, or other
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document was received. The confirmation shall include the date and the r-
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
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 N
filing officer.
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(f) The local filing officer shall make all the data filed available on the c�
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 m
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
make a complete, unredacted copy of any statement, report, or other w
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-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. N
(j) Notwithstanding any other provision of law,any statement,report,or
other document filed online or electronically pursuant to this section shall aEi
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 N
purposes of the Political Reform Act of 1974 within the meaning of c
subdivision(a)of Section 81012 of the Government Code. a'
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Gigi Hanna
From: Robert Rego
Sent: Monday, November 25, 2013 4:21 PM
To: Gigi Hanna
Subject: Re: Netfile
I
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?
c
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?
U)
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 C
week?
CL
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I fully support the automation of this system. I just am a cautious individual. v
Sent from my iPhone o
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On Nov 25,2013,at 3:07 PM, Gigi Hanna<Hanna Gi@sbcitv.org>wrote: i7L
Robert: o
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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. N
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Go
Gigi Hanna v
City Clerk
City of San Bernardino (D
300 N. D St. C
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San Bernardino,CA 92418
Office(909)384-5102
Fax(909)384-5158 m
www.sbcity.orQ
www.facebook.com/sbcitygov w
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Z�aux safe cs i�uaice;.L'ef'a hra/fe eame aoiae./
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.ARVIN M . REITER
November 26, 2013
Georgeann Hanna, City Clerk
City of San Bernardino
300 North D Street, 2"d Floor
San Bernardino, CA 92418 a�
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Re: Electronic Filing—Form 460 E
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Dear Ms. Hanna: o
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In 2012,the City of San Bernardino, instituted the ability to electronically file FPPC Form 460 as v:
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 a
causing a personnel effort on the part of the office of the City Clerk. I commend you for this U'
service. As a treasurer for a number of San Bernardino City candidates and committees, it has o
been a valuable asset. N
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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
carry forward of prior balances of receipts and disbursements as well as loan data.
In addition,I would ask that you petition the City Council to allow the City Clerk's office to
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 a
efforts required by the City Clerk's staff. That would encourage the use of the electronic filing W
system.
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Last, I would again encourage and support that the City require all candidates to utilize this free
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. m
Please feel free to call me if you wish to discuss this issue further.
s
Very truly yours, w
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Marvin M. Reiter
300 E.STATE ST.•SUITE 503 REDLANDS•CALIFORNIA 92373 (909)307-2368 marvinmreiter @me. Packet Pg. 537