HomeMy WebLinkAboutItem No. 16 Ordinance Electronic Filing of Campaign StatementsText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-471
Agenda Date: 1/28/2020 Status: Approval FinalVersion: 1
File Type: Council Public
Hearing
In Control: City Council / Successor Agency
Agenda Number: 16)
Page 1 City of Lake Elsinore Printed on 1/23/2020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Candice Alvarez, MMC, City Clerk
Date: January 28, 2020
Subject: Ordinance Adding Chapter # (Electronic Filing) to Title 2
(Administration and Personnel) the Lake Elsinore Municipal Code
Requiring Electronic Filing of Campaign Statements and Statements
of Economic Interests
Recommendation
Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER # TO TITLE 2
(ADMINISTRATION AND PERSONNEL) TO THE LAKE ELSINORE MUNICIPAL CODE
REQUIRING ELECTRONIC FILING OF CAMPAIGN STATEMENTS AND STATEMENTS OF
ECONOMIC INTERESTS.
Background
On January 1, 2013, Assembly Bill 2452 went into effect adding Government Code §84615 which
allows a local government agency to mandate 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, so long as the filer receives contributions or makes
expenditures totaling two thousand dollars ($2,000) or more in a calendar year. The law
prescribes criteria that must be satisfied by a local government agency to require online or
electronic filing of statements, reports or other documents. The system must be available free of
charge to filers and the public for viewing filings, and must include a procedure for filers to comply
with the requirement that they sign statements and reports under penalty of perjury.
The California Fair Political Practices Commission supports and encourages efforts to move from
a paper-based reporting system to a more transparent electronic system. Electronic filing makes
it easier for officials to comply with reporting obligations and provides the public with the
information in a more accessible and consistent format.
The law requires the FPPC to approve all electronic filing systems used by cities. Before a city
can begin implementing an all-electronic filing system, the FPPC must review the program to
ensure it complies with prescribed security and transparency protocols.
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Discussion
The City Clerk’s office accepts filings of two major categories of economic disclosure documents:
(1) campaign statements (commonly known as Form 460’s) disclosing contributions to local
candidate and ballot measure campaigns and (2) statements of economic interests (commonly
known as Form 700s) from designated public officials and employees. In most instances, these
documents are filed with the City Clerk and the City Clerk forwards copies to the FPPC. If the
documents are not filed in a timely fashion, the FPPC imposes penalties on the filers.
There are many advantages to requiring electronic filing of disclosure documents. All FPPC forms
are public records. By shifting to an electronic system, the public can directly access campaign
statements on the City’s website. The system is also beneficial to the end user by providing
multiple prompts to ensure timely filing, storing previous statements for user ease, and permitting
a single filing for multiple offices.
The proposed ordinance (Exhibit A) requires all campaign statements and statements of
economic interests be filed electronically. The ordinance incorporates the safeguards required by
State law, including:
1. The system must ensure the integrity of the data and includes safeguards against efforts
to tamper with, manipulate, alter or subvert the data
2. The system must only accept a filing in the standardized record format developed by the
Secretary of State and compatible with the Secretary of State’s system for receiving an
online or electronic filing
3. The system must be available free of charge to filers and to the public for viewing filings.
As of November 8, 2019 the FPPC has approved electronic filing systems for 34 state agencies,
42 county agencies, 134 city agencies, and 47 special district agencies.
To facilitate the full transition to electronic filing, the City Clerk’s Office will continue to provide
detailed instructions and one-on-one training. The City Clerk contacted the two vendors approved
by the Secretary of State. The proposed vendor, NetFile, provided the best economic terms and
user functionality.
Fiscal Impact
The contract with NetFile for the e-filing and administration system for both the campaign and
statement of economic interests systems is $5,440 per year and will be funded in the City
Clerk’s Department budget.
Attachment
Exhibit A - Ordinance
ORDINANCE NO. 2020-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 2.50 (ELECTRONIC FILING) TO TITLE 2
(ADMINISTRATION AND PERSONNEL) TO THE LAKE ELSINORE MUNICIPAL
CODE RELATING TO ELECTRONIC FILING OF CAMPAIGN STATEMENTS AND
STATEMENTS OF ECONOMIC INTERESTS
WHEREAS, Government Code Section 84615 currently provides that a local agency
may adopt an ordinance to require an elected officer, candidate, committee, or other person
required to file statements, reports, or other documents required by Chapter 4 of the Political
Reform Act (commencing with Section 84100 of the Government Code), except an elected
officer, candidate, committee, or other person who receives contributions totaling less than
$2,000 and who makes independent expenditures totaling less than $2,000 in a calendar year,
to file those statements, reports, or other documents online or electronically with the local filing
officer; and
WHEREAS, the City intends to enter into an agreement with NetFile, Inc., a vendor
approved by the California Secretary of State, to provide an online electronic filing system
(“System”) for campaign disclosure statements and statements of economic interest forms; and
WHEREAS, the System will operate securely and effectively and will not unduly burden
filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards
against efforts to tamper with, manipulate, alter, or subvert the data; (2) the System will only
accept a filing in the standardized record format developed by the Secretary of State and
compatible with the Secretary of State’s system for receiving an online or electronic filing; and
(3) the System will be available free of charge to filers and to the public for viewing filings; and
WHEREAS, the City of Lake Elsinore desires to amend the Lake Elsinore Municipal
Code to add a new Chapter relating to electronic filing of campaign and conflict of interest
statements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 2.50 of the Lake Elsinore Municipal Code is hereby adopted to
read as follows:
“Chapter 2.50 - Electronic Filing”
Section 2.50.010 Electronic filing of campaign statements and statements of
economic interests.
A. Any elected officer, candidate, committee, or other person required to file
statements, reports, or other documents required by Government Code Chapter 4 (commencing
with Section 84100), except an elected officer, candidate, committee, or other person who
receives contributions totaling less than two thousand dollars ($2,000), and makes expenditures
totaling less than two thousand dollars ($2,000) in a calendar year, shall file those statements,
reports, or other documents online or electronically with the City Clerk.
Ord. No. 2020-
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B. Any person holding a position listed in Government Code Section 87200 or
designated in the city’s local conflict of interest code adopted pursuant to Government Code
section 87300, shall file any required Statement of Economic Interest reports (Form 700) online
or electronically with the City Clerk.
C. In any instance in which an original statement, report or other document must be
filed with the California Secretary of State and a copy of that statement, report or other
document is required to be filed with the City Clerk, the filer may, but is not required to, file the
copy electronically.
D. If the City Clerk’s electronic system is not capable of accepting a particular type
of statement, report or other document, an elected officer, candidate, committee or other person
shall file that document with the City Clerk in an alternative format.
Section 2. CEQA - EXEMPTION. The City Council finds, pursuant to
Title 14 of the California Code of Regulations, Section 15378(b)(5), that this ordinance is
exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a
governmental, organizational or administrative activity that will not result in direct or indirect
changes in the environment.
Section 3. Effective Date. This Ordinance shall take effect 30 days after its
adoption.
Section 4. Severability. . If any provision of this Ordinance or its application is held
invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions,
sections, or applications of the Ordinance which can be given effect without the invalid provision
or application, and to this end each phrase, section, sentence, or word is declared to be
severable.
Section 5. Certification. The City Clerk shall certify to the passage of this Ordinance
and shall cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on this ____ day of _____________ 2020.
Brian Tisdale
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
Ord. No. 2020-
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Ordinance No. 2020-___ was introduced at the Regular meeting of the City Council of
_________ __, 2020 and adopted by the City Council of the City of Lake Elsinore, California, at
the Regular meeting of _________ __, 2020 and that the same was adopted by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk