Ord. 862ORDINANCE NO. 862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 2.28 TO TITLE 2
OF THE POWAY MUNICIPAL CODE RELATING TO
ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL
PRACTICES COMMISSION (FPPC) CAMPAIGN AND
STATEMENT OF ECONOMIC INTEREST DISCLOSURE
INFORMATION
WHEREAS, City staff and the City Attorney's Office have been progressively analyzing
the Poway Municipal Code ("PMC") and recommending updates where appropriate;
WHEREAS, public access to campaign and Statement of Economic Interest disclosure
information is an integral component of a fully informed electorate, and transparency is critical in
order to maintain public trust and support of the political process;
WHEREAS, Assembly Bill 2452 allows local government agencies to require online or
electronic filing for an elected officer, candidate, committee, or other person who is required to file
statements, reports, or other documents under the Political Reform Act of 1974;
WHEREAS, the City Clerk is the Local Filing Officer for FPPC disclosure statements
and is responsible for receiving, reviewing, and making available campaign disclosure
statements;
WHEREAS, implementation of electronic filing and FPPC campaign disclosure
statements helps the City reach its goal of operational excellence by allowing campaign
disclosure statements to be filed electronically, streamlining the disclosure and filing process
and saving resources as well as increasing transparency and online access to statements;
and
WHEREAS, in order to implement the provisions of Government Code Section 84615
and Assembly Bill 2452, the City must adopt an Ordinance permitting the use of an online
filing as an option for filing and designating the filing received electronically by the City Clerk's
Office as the flings of record for the City.
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: Section 2.28.040 (Statements Generally) of the PMC is hereby amended
to read as follows (additions in underline):
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. Statements shall be filed electronically in the manner set forth in Sections
2.28.110 through 2.28.130 of this Chapter 2.28.
Ordinance No. 862
Page 2
SECTION 3: Sections 2.28.110 through 2.28.130 are hereby added to Chapter 2.28 of
the PMC as follows:
2.28.110 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS
1. Any elected officer, candidate, committee, or other person required to file
statements, reports, or other documents ("statements") as required by Chapter 4 of the
Political Reform Act (California Government Code Section 84100 et seq.) ("filers") must
file such statements using the City Clerk's online system according to procedures
established by the City Clerk (the "procedures") effective January 1, 2024 unless exempt
from the requirement to file online pursuant to Government Code Section 84615(a)
because the officer, candidate, or committee receives less than $250 in contributions and
makes less than $250 in expenditures in a calendar year.
2. The City Clerk shall have the authority to establish and amend the procedures, as
necessary, to accomplish the following:
a. Ensure that the online system complies with the requirements set forth in
Section 84615 of the Government Code, as may be amended from time to time;
b. Meet the purpose and intent of this section and comply with other
applicable law; and
C. Ensure the integrity of the data transmitted and include safeguards against
efforts to tamper with, manipulate, alter, or subvert the data.
3. Online filings made under this chapter will only be accepted if made in the
standardized record format that is developed by the California Secretary of State pursuant
to Section 84602(a)(2) of the California Government Code, as may be amended from time
to time, and that is compatible with the Secretary of State's system for receiving an online
or electronic filing.
2.28.120 PROCEDURES FOR UTILIZING ONLINE FILING
1. Effective January 1, 2024, electronic filing is mandatory unless the officer,
candidate, or committee is exempt as described in Section § 2.28.110. Once the elected
officer, candidate, or committee has filed electronically, all subsequent Statements shall
be filed electronically.
2. Any elected officer, candidate, or committee who has electronically filed a
statement using the City Clerk's online system is not required to file a copy of that
document in paper format with the City Clerk.
3. The City Clerk shall issue an electronic confirmation that notifies the filer that the
Statement was received, which notification shall include the date and the time that the
Statement was received and the method by which the filer may view and print the data
received by the City Clerk. The date of filing for a Statement filed online shall be the day
that is received by the City Clerk.
Ordinance No. 862
Page 3
4. If the City Clerk's system is not capable of accepting a Statement due to technical
difficulties, an elected officer, candidate, or committee shall file that Statement in paper
format with the City Clerk.
5. The online filing system shall enable electronic filers to complete and submit filings
free of charge.
2.28.130 AVAILABILITY OF STATEMENTS FOR PUBLIC REVIEW; RECORD
RETENTION
1. The City Clerk's system shall make all the data filed available on the City's
webpage in an easily understood format that provides the greatest public access. The
data shall be made available free of charge and as soon as possible after receipt. The
data made available on the City's webpage shall not 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 City Clerk's office shall
make a complete, unredacted copy of that statement, including any street names, building
numbers, and bank account numbers disclosed by the filer, available to any person upon
request.
2. The City Clerk's office shall maintain, for a period of at least 10 years commencing
for the date filed, a secured, official version of each online or electronic statement which
shall serve as the official version of that record for purpose of audits and any other legal
purpose.
SECTION 4: If any provisions of this Ordinance or the application thereof to any person
or circumstances is held invalid, that invalidity shall not affect other provisions or applications of
the act which can be given effect without the invalid provisions or application, and to this end the
provisions of this act are severable.
SECTION 5: The online filing system shall include a procedure for filers to comply with
the requirement that they sign statement and reports under penalty of perjury pursuant to Section
81004 of the Government Code.
SECTION 6: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
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 held the 19th day of September, 2023, and thereafter.
Ordinance No. 862
Page 4
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of
October 2023, by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CIVIC, City derk