Item 3.1 - 1st Reading of Ord. Amending Chapters 13.20, 2.24, 2.28 and 17.40DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
December 3, 2019
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
afenstermacher@poway.org
First Reading of Ordinance Deleting Chapter 13.20 (Airports) of the
Poway Municipal Code and Amending Chapters 2.24 (Municipal
Elections), 2.28 (Campaign Contributions and Expenditures), and
17.40 (Comprehensive Sign Regulations)
As part of the City's progressive updates to outdated portions of its Municipal Code ("PMC"), the
proposed Ordinance would eliminate unnecessary provisions regulating airports, revise campaign
contribution and expenditure provisions to be consistent with state law (for the benefit of all
potential candidates and to limit unnecessary burdens on the City Clerk's Office), and revise
regulations regarding temporary political signs in response to a number of issues that presented
themselves during the City's November 2018 election. The only revision to Chapter 2.24
(Municipal Elections) corrects an incorrect reference to state law.
Recommended Action:
It is recommended that the City Council take public input; close the public hearing, introduce the
Ordinance for first reading by title only, waive further reading and schedule adoption of the
Ordinance for December 17, 2019.
Discussion:
Chapter 13.20 (Airports)
When the City was incorporated, a number of provisions were adopted from then -existing County
of San Diego Code of Ordinances even if those provisions did not apply in the City, including
Chapter 13.20 of the PMC, which sets forth extensive regulations solely applicable to airports in
the City. However, the City does not have airports, nor would any airport be permitted in any
existing zoning designation. Therefore, this Chapter serves no purpose, and should be rescinded
in its entirety.
Chapter 2.28 (Campaign Contributions and Expenditures)
The overarching goal of staff's recommended amendments to Chapter 2.28 is to keep any unique
provisions important to the City, but eliminate unnecessary conflicting, confusing and duplicative
regulations when reliance on state law — and specifically, the Political Reform Act ("Act") — serves
the same purpose. Moreover, eliminating these unnecessary regulations significantly reduces
1 of 17 December 3, 2019, Item #3.1
the burden on the City Clerk to require and process duplicative paperwork, and generally shifts
enforcement obligations to the state arm created by the Act for that specific purpose — the Fair
Political Practices Commission ("FPPC"). The FPPC both has the resources and the expertise to
fulfill this function that the City does not. Finally, City candidates (particularly first time candidates)
are often confused by the conflicting requirements contained in the PMC and state law, and they
must comply with both — these amendments reduce the probability that a candidate would
unintentionally violate applicable campaign finance regulations.
Contribution Limits
The City's campaign contribution limits have not been increased in nearly 30 years — since 1981,
when Chapter 2.28 was adopted — while costs associated with running a City Council campaign
have obviously risen since that time. Adjusting the original $100 contribution limit from 1981 to
2018 using the annual change in the Consumer Price Index for All Urban Consumers — All Items
San Diego -Carlsbad results in an inflation adjusted contribution limit of approximately $325. City
staff recommends a modest increase from $100 to $250. State law does not impose contribution
limits.
Reporting Requirements
As currently written, the PMC requires a candidate to report contributions and expenditures at a
much lower cumulative threshold ($200) than state law, pursuant to the Political Reform Act
($2,000). The City's existing outdated, unique reporting threshold is also nearly thirty years old,
and creates a deluge of additional paperwork for both the candidates and the City Clerk's office.
It is not typical for a City to create reporting requirements in addition to those already required by
state law and monitored by the Fair Political Practices Commission ("FPPC"). Additionally, the
PMC contains duplicative requirements regarding the content of campaign statements and
requirements for independent expenditures, which are nearly identical to and already adequately
covered by state law.
The Ordinance would amend section 2.28.060 and delete sections 2.28.040 and 2.28.070 in order
to eliminate the duplicative and inconsistent reporting requirements.
Campaign and Officeholder Accounts
As currently written, the PMC requires that the City Clerk be granted access to all campaign
accounts, and that such accounts are very quickly emptied following the election, often sooner
than practicably possible. The PMC also prohibits officeholder accounts, which are used to
reimburse elected officials for expenses incurred in the course of their official duties, unlike
campaign accounts that are used for campaign expenses. Additionally, the PMC also restricts
campaign expenditures to be made by check only. Since its adoption in 1981, check transactions
have become antiquated, are no longer as common and create various nuisances for candidates
when attempting to transact against their account, as most vendors now only utilize many other
forms of electronic payment.
The Ordinance would delete sections 2.28.050 and 2.28.140 to no longer require the Clerk to be
given access to campaign accounts (which, as a practical matter, the Clerk has never been given),
eliminate the unique and burdensome rules regarding emptying campaign accounts, allow the
use of other payment methods for expenditures and allow officeholder accounts.
2 of 17
December 3, 2019, Item #3.1
Enforcement
Chapter 2.28 currently requires any allegation of a violation thereof be investigated by special
counsel appointed by the City, which in 2018, resulted in thousands of dollars of costs only for
special counsel to conclude each and every time that no violations occurred.
Due to the fact that the proposed amendments would eliminate a number of requirements unique
to the City and instead allow us to rely on state law, the Ordinance would result in an increased
reliance on investigations by the FPPC, at no cost to the City. The Ordinance would delete section
2.28.110 and amend section 2.28.130 to allow the City Attorney to investigate and prosecute any
violations of Chapter 2.28 not covered by state law (which, in essence, would be limited to the
campaign contribution limits), consistent with a violation of any other portion of the PMC.
Fines
Finally, the Ordinance would amend PMC section 2.28.100 to insert language directly from state
law to require mandatory fines of ten dollars ($10) per day for any late filing of a campaign
statement until the statement is filed, as set forth in California Government Code section 91013.
Temporary Signs
As currently written, PMC section 17.40.090(D) allows "temporary signs for elections and other
noncommercial messages" on private property, but prohibits those signs on all public property,
including within the public right-of-way. However, during the November 2018 election, City of
Poway Code Compliance staff discovered that individuals had difficulty identifying precisely where
the public right-of-way ends in residential zones, as many single-family homes have front yards
that technically are within the public right-of-way, but appear to be no different from the remainder
of the front yards.
Accordingly, consistent with the intent of this section —i. e., to allow a sign on an individual's private
property — the Ordinance would revise the PMC to allow such signs on privately maintained
improvements in single family residential zones that are located in the public right-of-way.
Additionally, the Ordinance proposes amendments that would (i) require permission from private
property owners to place such signs on their property, and (ii) allow the City to hold signs found
to be in violation of the PMC as a repeat violation for a period of fifteen (15) days before returning
those signs.
Next Steps
Every election year, the City Clerk's Office in conjunction with the City Attorney and City
Manager's Office holds a Candidate Forum in which all prospective candidates, their treasurers
and campaign managers are invited to attend to learn about the applicable laws that govern our
election. If this Ordinance is approved, the 2020 Candidate Forum will be modified to reflect these
amendments.
Environmental Review:
The adoption of the proposed Ordinance is not a "project" that is subject to CEQA review because
it has no potential for resulting in physical change to the environment, directly or indirectly.
Fiscal Impact:
The Ordinance would likely result in net savings for the City, as City will save costs associated
3 of 17 December 3, 2019, Item #3.1
with enforcement of City -specific campaign finance reporting requirements.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, November
21, 2019. An Ordinance Summary will be published in the same publication on Thursday,
December 26, 2019. A certified copy of this Ordinance will also be posted in the Office of the City
Clerk in accordance with Government Code section 36933.
Attachments:
A. Ordinance Deleting PMC Chapter 13.20 (Airports) and Amending Chapters 2.24
(Municipal Elections), 2.28 (Campaign Contributions and Expenditures), and 17.40
(Comprehensive Sign Regulations)
B. Redline document showing proposed changes to PMC Chapter 2.28
Reviewed/Approved By:
Reviewed By: Approved By:
WenKaserman Alan Fenstermacher
Assistant City Manager City Attorney
Chr Ham
City Manager
4 of 17
December 3, 2019, Item #3.1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, RESCINDING CHAPTER 13.20
(AIRPORTS) AND AMENDING CHAPTERS 2.24 (MUNICIPAL
ELECTIONS), 2.28 (CAMPAIGN CONTRIBUTION AND
EXPENDITURES) AND 17.40 (COMPREHENSIVE SIGN
REGULATIONS) OF THE POWAY MUNICIPAL CODE
WHEREAS, City staff and the City Attorney's Office have been progressively analyzing
the Poway Municipal Code ("PMC") and recommending updates where appropriate;
WHEREAS, this Ordinance proposes to update and amended four chapters of the PMC;
WHEREAS, Chapter 13.20 of the PMC sets forth extensive regulations solely applicable
to airports in the City, but the City does not have airports, nor would any airport be permitted in
any existing zoning designation, and therefore, this Chapter serves no purpose;
WHEREAS, section 2.24.010 of Chapter 2.24 (Municipal Elections) references the
incorrect California Government Code section;
WHEREAS, Chapter 2.28 of the PMC contains a number of regulations relating to
reporting requirements for campaign contributions and expenditures that unnecessarily conflict
with state law, including the Political Reform Act, and serve only to confuse candidates and create
extra, unnecessary work for the City Clerk's office;
WHEREAS, except with respect to campaign contribution limits, the City desires to rely on
state law wherever possible, including relying on the expert state agency, the Fair Political
Practices Commission ("FPPC"), to investigate and prosecute potential violations of law relating
to campaign finance, as the FPPC has the appropriate resources and expertise to do so;
WHEREAS, the City's campaign contribution limits have not been increased since 1981,
while costs have risen, and the City believes a modest increase from $100 to $250 is appropriate;
WHEREAS, in addition to being described herein, all the changes proposed to Chapter
2.28 of the PMC are clearly shown in redline format in Attachment B to the Agenda Report
accompanying this Ordinance; and
WHEREAS, during the 2018 election, City staff encountered practical problems enforcing
its regulations concerning temporary political signs, and accordingly, has recommended revisions
to section 17.40.090(D) of Chapter 17.40 (Comprehensive Sign Regulations).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council hereby approves this Ordinance and amends Chapter 9.54
of the PMC as specified below. Removals are indicated with ctrikethroughs and additions are
indicated with underline.
5 of 17 ATTACHMENT A December 3, 2019, Item #3.1
Ordinance No. ***
Page 2
SECTION 3: Chapter 13.20 of the Poway Municipal Code (Airports) is hereby deleted in
its entirety.
SECTION 4: Section 2.24.010 of Chapter 2.24 (Municipal Elections) is hereby amended
as follows:
2.24.010 Date of elections
Pursuant to Section 36503,5 of the State Government Code, the general election
for the City shall be held on the same day as the day of the statewide general
election
SECTION 5: Sections 2.28.020 and 2.28.030 of Chapter 2.28 (Campaign Contributions
and Expenditures) is hereby amended to delete all references to the dollar amount of $100.00 (a
total of 7), and replace each such reference with the dollar amount of $250.00.
SECTION 6: Sections 2.28.040, 2.28.050, 2.28.060, 2.28.110, and 2.28.140 of Chapter
2.28 (Campaign Contributions and Expenditures) are hereby deleted in their entirety.
SECTION 7: Sections 2.28.060, 2.28.080, 2.28.090, 2.28.100, 2.28.120, 2.28.130, and
2.28.150 of Chapter 2.28 (Campaign Contributions and Expenditures) are hereby renumbered to
Sections 2.28.040 through 2.28.100.
SECTION 8: Section 2.28.060 of Chapter 2.28 (Campaign Contributions and
Expenditures) is hereby amended as follows:
2.28.0640 Statements generally.
A. Required. Subject to Government Code Section 81009.5, each candidate and each
committee, including all independent committees, shall file as a public record with the City
Clerk campaign statements showing the amounts of contributions received and
expenditures made with respect to such election at the time required by the Political
Reform Act of 1974, as amended. The statements are to be completed on campaign
statement forms required to be filed by State law. Such statements shall contain a
has neither accepted nor solicited
of or in contravention of PMC 2.28.030. All such statements filed by independent
for or against whom each reported expenditure was made. Statements filed by
independent committees shall be required to report only those expenditures in connection
c ndidate or ballot measure.
B. Contributions. Each campaign statement shall show the total cumulative amount of
contributions received during the period covered by the statement from persons who have
given $25.00 or Tess and the total cumulative amount of contributions received during the
period covered by the statement from persons who have given a total of more than $25.00.
occupation, employer and amount contributed. The total amount received from
fundraiser event, then the statement shall list the gross receipts, the date and location of
ch event.
6 of 17 December 3, 2019, Item #3.1
Ordinance No. ***
Page 3
C. Expenditures Generally. Each campaign statement shall show the total amount of
penditurec made during thc period covered by the statement to persons who have
by name and addre, together with a brief description of the purpose of the expenditures.
otherwise, shall be reported as such, including thc truc name of thc individual on whose
behalf the expenditure was made.
differen frofn-those-setforth in -Chapter 4 of the-Pentisal-Reform Ant of 197'l so long a
Government Code Section 81009.5(b) prohibits the imposition of such different or
additional requirements on such committees.
SECTION 9: Section 2.28.100 of Chapter 2.28 (Campaign Contributions and
Expenditures) is hereby amended as follows:
2.2848070 Late filing of campaign statement.
A. If any person files a campaign statement after any deadline imposed by this chapter,
he or she shall, in addition to any other penalties or remedies established in this chapter,
be liable to the City Clerk in amounts as set forth by State guidelines in the amount of ten
dollars ($10) per day after the deadline until the statement is filed, as set forth in California
Government Code section 91013, as may be amended from time to time.
B. The City Clerk shall deposit any funds received under this section into the general fund
of the City to defray the cost of municipal elections.
SECTION 10: Section 2.28.130 is hereby amended as set forth below:
2.2843090 Civil liability and penalties.
A. Any person who violates any provision of this chapter shall be liable in a civil action
brought by the special counselCity for an amount up to $1,000. In addition thereto, such
person shall be liable for the reasonable attorney's fees and costs incurred by the special
counselCity in any civil proceeding filed to enforce the provisions hereof.
B. Enforcement of this chapter through civil action may be filed as an alternative to criminal
enforcement pursuant to PMC 2.28.120. Civil enforcement shall not require that the
violation be knowing or willful. All discovery provisions of State law shall be available to
the special counselCity in the civil enforcement of this chapter. Special counsel The City
shall have the power to subpoena documents and other materials as may be necessary
to conduct the investigation. No civil action alleging a violation of this chapter shall be filed
against a person pursuant to this section if the special-eeunselCity is maintaining a criminal
action against that person pursuant to PMC 2.28.120.
C. Each violation of this chapter shall be a separate offense subject to the civil penalty
provided in subsection A of this section.
D. The special counselCity's counsel is authorized to settle any civil enforcement hereof
prior or subsequent to the filing of a civil action by the imposition of a civil penalty in an
amount which does not exceed the potential civil liability, including attorney's fees, set
forth in subsection A of this section. Upon payment in full of such civil penalty, the special
7 of 17 December 3, 2019, Item #3.1
Ordinance No. ***
Page 4
ceunselCity shall agree to forbear from filing civil or criminal action or, if action has already
been filed, shall agree to dismiss such action. The imposition of all civil penalties shall be
made a matter of public record.
SECTION 11: Section 17.40.090 of Chapter 17.40 (Comprehensive Sign Regulations) is
hereby amended to read as follows:
D. Temporary signs for elections and other noncommercial messages are not permitted
within the public right-of-way (except as otherwise provided in this chapter), on public
property, or upon any public building or other publicly owned facility, including
fences/walls, utilities and landscaping. Notwithstanding the foregoing, such signs are
permitted within privately maintained improvements that are located within the public right-
of-way. Such signs are permitted on private property subject to the following:
1. Such signs shall not exceed six square feet in total area for one side; double-
faced signs shall not exceed six square feet per side.
2. Such signs shall not exceed an overall height of four feet. The height shall be
measured from the finished grade immediately around the sign.
3. No such signs shall be lighted either directly or indirectly unless said sign is
erected, painted or constructed on an authorized structure already providing
illumination.
4. The number of such signs is not limited.
5. Such signs may carry any noncommercial message, including, but not limited
to, political messages.
6. Such signs shall not be placed on private property without the permission of the
property owner or its authorized representative.
67. No such signs shall be posted in violation of any provision of this chapter. The
Director of Development Services or a designated representative shall have the
right to remove any sign placed in the right of way or on public property, contrary
to any provision of this section. Removed signs shall be stored by the City. Notice
of removal shall be promptly provided as soon as reasonably possible to the owner
of such sign, or the apparent owner or candidate,
removal whenever po: iblc. If it is the first violation, Ssuch person shall have the
right to recover the sign forthwith, without charge. However, for any subsequent
violations, the City shall temporarily hold any such signs for fifteen (15) calendar
days before they are returned. All signs removed by the City may be destroyed 30
calendar days following removal.
SECTION 12: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
8 of 17 December 3, 2019, Item #3.1
Ordinance No. ***
Page 5
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 3rd day of December 2019, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of
December, 2019 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
9 of 17 December 3, 2019, Item #3.1
Chapter 2.28
CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Sections:
2.28.010 Intent and purpose.
2.28.020 Definitions.
2.28.030 Limitations.
2.28.040 Identification of expenditures by independent committees.
2.28.050 Election campaign accounts.
2.28.060 Statements generally.
2.28.070 Reporting threshold amount.
2.28.080 Media exemptions.
2.28.090 Suppliers of goods and services — Disclosure of records required.
2.28.100 Late filing of campaign statement.
2.28.110 Enforcement.
2.28.120 Violation — Penalty.
2.28.130 Civil liability and penalties.
2.28.140 Officeholder accounts prohibited.
2.28.150 Application of Government Code Section 83116.5.
2.28.010 Intent and purpose.
It is the intent of the City Council in enacting the ordinance codified in this chapter to place
realistic and enforceable limits on the amount individuals may contribute to political campaigns
in municipal elections, as well as to supplement the requirements of State law with regard to the
making and reporting of campaign contributions and expenditures, for the purpose of preventing
the exercise by campaign contributors of potential undue or improper influence over elected
officials and to inform the public of the sources and objects of campaign contributions and
expenditures. The City Council finds that municipal elections are municipal affairs and that the
regulation of campaign expenditures and contributions in municipal elections is not preempted
by general State law and is the proper subject of municipal regulation under authority granted to
cities by Article XI, Section 7 of the California Constitution and Government Code Section
81013. The contribution limitations of this chapter shall not apply to ballot measure elections or
to that portion of a recall election in which the electorate determines whether or not to recall an
officeholder, but shall apply to all candidate elections, including the candidate election portion of
a consolidated recall election. It is the intent of the City Council that this chapter be interpreted
in a manner consistent with Constitutional requirements. Should any provision of this chapter be
determined to be invalid for any reason, the remainder shall be severed therefrom and shall
remain in full force and effect.
2.28.020 Definitions.
For the purposes of this chapter, the words and phrases used herein shall have the meanings
respectively ascribed to them by the Political Reform Act of 1974, as amended, Government
Code Sections 82000 et seq., except as follows:
10 of 17
December 3, 2019, Item #3.1
The Poway Municipal Code is current through Ordinance 830, passed August 20, 2019.
A. "Charitable organization" shall mean any bona fide charitable, educational, civic, religious, or
similar tax exempt nonprofit organization.
B. "Committee" shall have the meaning set forth in Government Code Section 82013 as
amended from time to time, except that all dollar limits set forth therein shall be "V00250.00 or
more."
C. "Contribution" shall have the meaning set forth in Government Code Section 82015, as
amended from time to time, except that the exclusion set forth therein for costs of a meeting or
fund-raising event in the home or office of the occupant shall be limited to costs of "$100250.00
or less."
D. "Election" means any City general, special, initiative, referendum or recall election.
E. "Entity" means any corporation, company, association, or other organization other than an
individual or a political party.
F. "Independent committee" means any committee which receives contributions or makes
expenditures for the purpose of influencing or attempting to influence a City election which is
neither controlled by a candidate nor coordinates its expenditures with the expenditures of a
candidate or a committee controlled by a candidate.
G. "Individual" means a sole human being.
H. "Political party" means any organization qualified to participate in any primary election in the
State of California as set forth in California Elections Code Section 5100, or such law as may
replace Section 5100.
2.28.030 Limitations.
A. Contributions Generally.
1. Except as expressly provided in this section, no individual or political party (including any
controlled committee or independent committee) shall make, nor shall any person solicit or
accept, any contribution in aid of and/or in opposition to the nomination or election of a
candidate which will cause the total amount contributed to (a) the candidate and any
controlled committee of such candidate, or to (b) any independent committee, by such
person in a single election to exceed $400250.00.
2. The prohibition of subsection (A)(1) of this section shall not apply to any independent
committee which receives contributions to be expended in the elections of more than one
city.
3. The $400250.00 limitation of subsection (A)(1) of this section is not a limitation upon
expenditures and shall not limit the expenditures by any candidate or any committee.
4. Spouses are two separate individuals for purposes of the contribution limitation of
subsection (A)(1) of this section.
11 of 17
Deceler3, 2019, Item #3.1
The Poway Municipal Code is current through Ordinance 830, passed August 9
5. a. Joint funding of campaign expenditures by two or more committees shall not be deemed
a contribution by any such committee to any candidate; provided, that each such committee
contributes equal amounts to each such expenditure.
b. Any such joint expenditure shall cause any theretofore independent committee
participating therein to be deemed a controlled committee of any and all candidates for
whose benefit such joint expenditure is made.
c. Any independent committee which becomes a controlled committee by reason of
subsection (A)(5)(b) of this section shall be deemed a controlled committee for purposes
of the $1-90250.00 limitation on contributions to the committee, effective retroactive to
the date upon which the first contribution to such committee was received by such
committee.
6. The $4-00250.00limitation of subsection (A)(1) of this section shall not apply to a
candidate in aid of himself or herself, or to any committee which makes expenditures solely
for the purpose of advocating the adoption or defeat of a ballot measure or to any committee
advocating or opposing the recall of an officeholder. Said limitation shall apply to the
candidate election portion of a recall.
7. Subject to subsections (A)(5)(b) and (c) of this section, the $480250.00 limitation of
subsection (A)(1) of this section shall not apply to any independent committee composed
solely of:
a. One individual; or
b. One other person organized principally for a purpose other than participating in or
influencing an election or elections.
8. No person shall make a contribution anonymously or under an assumed name. No person
shall make a contribution on behalf of another person, whether as agent, intermediary, or
otherwise.
9. Contributions are not permitted to be retained by a candidate or any committee when
received from anonymous sources or from persons who do not consent to having their name
made known. Any such contributions shall be refunded to the donor (if known) or (if
unknown) shall be turned over to the City Clerk and deposited to the City's treasury, in any
event within 72 hours of receipt.
10. No committee shall make any expenditures to influence or attempt to influence the voters
in a City election if such committee has not complied with the contribution limitations
imposed by this chapter upon such committees' receipt of funds.
B. Prohibited Activities.
1. No person or entity, other than an individual or political party, shall make a contribution
to any candidate or committee; provided, however, that this section shall not apply to
contributions made to a committee which is organized solely for the purpose of supporting or
opposing the qualification for the ballot or adoption of one or more City measures.
12 of 17
The Poway Municipal Code is current through Ordinance 830, passed August 2u, 20193, 2019, Item #3.1
2. No officer, employee, agent or attorney or other representative of a person covered by this
subsection shall aid, abet, advise, or participate in a violation of this section.
3. No person shall knowingly accept a payment or contribution made in a violation of this
section.
4. If a committee treasurer is offered a contribution which would be in excess of the
limitation, the treasurer must refuse the contribution. If, however, a contribution is deposited
into the campaign trust account which is in violation of this section, the treasurer shall report
in writing within five days of learning of the illegal nature of the contribution to the City
Clerk the facts surrounding such contribution. Any such contribution so deposited shall be
paid promptly, from available campaign funds, if any, to the City, and shall be deposited in
the general fund of the City.
expenditures made by such committee.
bank or savings and loan association. The account shall be identified as the election campaign
account. The account number of each such account shall be provided to the City Clerk in writing
within 10 days of the opening of such account. Any committee that receives or expends more
than $200.00 shall file with the City Clerk a statement of organization in substantially the form
account.
B. Deposit of Contributions. All campaign contributions accepted by a campaign treasurer or
committee shall be deposited within five days of receipt into the election campaign account by
the campaign treasurer, committee or authorized agent thereof.
C. Expend Campaign expenditures made after a checking account is required to be opened
Shall be made only by checks drawn against the election campaign account by the campaign
treasurer, committee, or authorized agent.
1. No campaign treasurer, committee, or authorized agent shall draw checks against the
elation nt by the gn tr surer, committee, or authorized agent.
2. Funds in the election campaign account shall not be considered for any purpose to be
personal funds of a candidate, campaign treasurer, or any other person. The funds shall be
held in trust.
13 of 17
December3, 2019, Item #3.1
The Poway Municipal Code is current through Ordinance 830, passed August 20, zu19.
3. For purposes of this section, an expenditure shall be deemed made by check drawn against
the election campaign account if, (a) the maker of the expenditures is reimbursed by such
check, and (b) the expenditure is reported by the candidate or committee, both within the
time limits required for s ov ided MC 2.28 A).
D. Access to Records by City Clerk. The City Clerk shall have full acccss during business hours
to the bank's or savings and loan association's records concerning all election campaign
accounts.
r,;sb rse, ents ofU„expe de rampaig„ Funds. If the final campaign statement for a
before the end of the post election reporting period, which is:
June 30 for elections held between January 1
and June 30,
December 31 for elections held between July
1 and December 31
disburse the whole of the surplus to a char t" ble tion• p idea however that the
candid
purposes. The candidate or committee, or authorized agent thereof, shall file a campaign
statement with the City Clerk before the end of the post election reporting period, verifying the
closure and listing the donees of all disbursements authorized by this section and the dollar
F. Retention of Records. The candidate, committee or authorized agent thereof shall retain all
campaign records for a period of four years after the election.
2.28.0460 Statements generally.
A. Required. Subject to Government Code Section 81009.5, each candidate and each committee,
including all independent committees, shall file as a public record with the City Clerk campaign
statements showing the amounts of contributions received and expenditures made with respect to
such election at the time required by the Political Reform Act of 1974, as amended. The
statements are to be completed on campaign statement forms required to be filed by State law.
Such statements shall contain a declaration by the candidate or committee chairperson that the
candidate or committee has neither accepted nor solicited any campaign contribution in excess of
the limitations of or in contravention of PMC 2.28.030. All such statements filed by independent
against whom each reported expenditure was made. Statements filed by independent committees
shall be required to report only those expenditures in connection with communications that
B. Co tr;butions E.,cL. campaign state ment shall show the total cumulative amount of
contributions received during the period covered by the statement from persons who have given
$25.00 or less and the total cumulative amount of contributions received during the period
covered by the statement from persons who have given a total of more than $25.00. Each person
14 of 17
December 3, 2019, Item #3.1
The Poway Municipal Code is current through Ordinance 830, passed August 20, 2019.
who have not consented to publication shall be listed. In the event that any portion of the
gross receipts, the date and location of each event.
C. Expenditures Generally. Each campaign statement shall show the total amount of
expenditures made during the period covered by the statement to persons who have received
$25.00. Each person who has received a total of more than $25.00 shall be listed by name and
address, together with a brief description of the purpose of the expenditures. Any expenditure
made on behalf of another person, whether as agent or intermediary or otherwise, shall be
made.
D. Exemption. Nothing in this section shall impose upon any committee which participates in
elections in jurisdictions in addition to the City any filing requirements additional to or different
from those set forth in Chapter 4 of the Political Reform Act of 1974, so long as Government
Code Section 81009.5(b) prohibits the imposition of such different or additional requirements on
such committees.
A candidate or committee need not file a campaign statement if neither the cumulative receipts
nor the cumulative expenditures exceed $200.00.
2.28.0580 Media exemptions.
The provisions of this chapter shall not apply to any publication or broadcast or to any news
story, commentary or editorial distributed through the facilities of a broadcasting station or bona
fide newspaper, magazine or other periodical publication. A news story, commentary or editorial
is not considered to be distributed through a bona fide newspaper, magazine, or other periodical
publication if:
A. Such publication is primarily for distribution to individuals affiliated by membership or stock
ownership with the person (other than an individual) distributing it or causing it to be distributed;
or
B. Such publication is not primarily for purchase by the public at newsstands or paid by
subscription; or
C. The news story, commentary or editorial is distributed by a person (other than an individual)
who devotes a substantial part of his activities to attempting to influence the outcome of City
elections, or to influence public opinion with respect to matters of City policy or concern.
2.28.0690 Suppliers of goods and services — Disclosure of records required.
No person who supplies goods or services, or both goods and services, to a candidate or
committee for use in connection with the campaign of the candidate or for or against a measure
shall refuse to divulge or disclose to the enforcement authority the record of any expenditures
made by the candidate or committee in payment for such goods or services, or both.
15 of 17
December 3, 2019, Item #3.1
The Poway Municipal Code is current through Ordinance 830, passed August 20, 2019.
2.28.07100 Late filing of campaign statement.
A. If any person files a campaign statement after any deadline imposed by this chapter, he or she
shall, in addition to any other penalties or remedies established in this chapter, be liable to the
City Clerk in amounts as set forth by State guidelines in the amount of ten dollars ($10) per day
after the deadline until the statement is filed.
B. The City Clerk shall deposit any funds received under this section into the general fund of the
City to defray the cost of municipal elections.
2.2 .11-0—Enforeement.
A. The City Attorney shall not investigate or prosecute any alleged violation of this chapter, but
shall defend the constitutionality and legality of this chapter in any civil proceeding in which the
City or the City Council is a party.
B. Review of complaints of violation of this chapter and criminal prosecution thereof shall be
commenced only by special counsel who shall be the District Attorney, the Attorney General, or
such other qualified and independent special counsel or combination of the foregoing as may be
appointed by the City Attorney. Such special counsel shall also commence and prosecute civil
litigation to compel compliance with this chapter or to enjoin conduct in violation of this chapter.
Should the appointment of additional special counsel become necessary or appropriate, the City
Attorney shall appoint such additional special counsel as may be required. No enforcement or
prosecution or action of special counsel shall be subject to the review or control of the City
Council or the City Attorney.
C. Any person residing in the City who believes that a violation of this chapter has occurred may
file a written complaint requesting investigation of such violation by the special counsel. If the
special counsel determines that there is reason to believe a violation of this chapter has occurred,
it shall conduct an investigation and may commence such administrative, civil or criminal legal
action as it deems necessary for the enforcement of this chapter. Special counsel shall decline to
investigate any alleged violation hereof which is also an alleged violation of State law and is the
subject of a complaint filed with the Fair Political Practices Commission, until the investigation
of that complaint is complete.
of duties described in this chapter and may demand and be furnished records of campaign
contributions and expenditures of any person or committee at any time. In the event that
production of such records is refused, the special counsel may commence civil litigation to
complete such production.
E. The special counsel shall be immune to liability for its enforcement of this chapter.
F. Any action alleging violation of this chapter must be commenced within two years of the time
the alleged violation occurred.
2.28.084-20 Violation — Penalty.
A. Any knowing or wilful violation of any provision of this chapter may be prosecuted, either as
an infraction or as a misdemeanor, at the discretion of the prosecutor. The maximum fine which
may be imposed for each misdemeanor conviction shall be $1,000. The chairperson and treasurer
16 of 17
December 3, 2019, Item #3.1
The Poway Municipal Code is current through Ordinance 830, passed August 20, 2019.
of any committee shall be both criminally and civilly responsible for any violation of this chapter
by the committee. In addition, the candidate shall be both criminally and civilly responsible for
any violation of this chapter by the committee. In addition, the candidate shall be both criminally
and civilly responsible for any violation by a committee controlled by the candidate.
B. If a candidate is convicted of a wilful violation of PMC 2.28.030, the election to office of such
candidate shall be void and such office shall immediately become vacant. In such event the
vacancy shall be filled in accordance with the procedures as set forth in the Government Code.
2.28.091-30 Civil liability and penalties.
A. Any person who violates any provision of this chapter shall be liable in a civil action brought
by the spesial-estmselCity for an amount up to $1,000. In addition thereto, such person shall be
liable for the reasonable attorney's fees and costs incurred by the spesial-sewiselCity in any civil
proceeding filed to enforce the provisions hereof.
B. Enforcement of this chapter through civil action may be filed as an alternative to criminal
enforcement pursuant to PMC 2.28.120. Civil enforcement shall not require that the violation be
knowing or wilful. All discovery provisions of State law shall be available to the special-
counselCity in the civil enforcement of this chapter. Speeial-esunselThe City shall have the
power to subpoena documents and other materials as may be necessary to conduct the
investigation. No civil action alleging a violation of this chapter shall be filed against a person
pursuant to this section if the special counselCity is maintaining a criminal action against that
person pursuant to PMC 2.28.120.
C. Each violation of this chapter shall be a separate offense subject to the civil penalty provided
in subsection A of this section.
D. The special City's counsel is authorized to settle any civil enforcement hereof prior or
subsequent to the filing of a civil action by the imposition of a civil penalty in an amount which
does not exceed the potential civil liability, including attorney's fees, set forth in subsection A of
this section. Upon payment in full of such civil penalty, the spesial-seufiseiCity shall agree to
forbear from filing civil or criminal action or, if action has already been filed, shall agree to
dismiss such action. The imposition of all civil penalties shall be made a matter of public record.
E. All civil fines shall be deposited into the general fund.
2.28.14 nts p ohibitcd.
Pursuant to the authority of Government Code Sections 81013 and 85706, and notwithstanding
the permissive provisions of Government Code Section 85313, the City Council finds that
appearance to the political process. Officeholder accounts are prohibited.
2.28.1050 Application of Government Code Section 83116.5.
To the greatest extent permitted by law, Government Code Section 83116.5 shall not be applied
to any person who is an employee or under contract to the City and is giving advice interpreting
the campaign, disclosure, or conflict of interest provisions of the Political Reform Act of 1974 or
of this chapter as part of that person's government contract or employment.
17 of 17
The Poway Municipal Code is current through Ordinance 830, passed A guustt9zu, ��� 3, 2019, Item #3.1