HomeMy WebLinkAboutItem No. 03 2nd Reading of 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# 19-475
Agenda Date: 2/11/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 3)
Page 1 City of Lake Elsinore Printed on 2/6/2020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Candice Alvarez, MMC, City Clerk
Date: February 11, 2020
Subject: Second Reading of Ordinance Requiring Electronic Filing of Campaign
Statements
Recommendation
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 2.50 TO TITLE 2
(ADMINISTRATION AND PERSONNEL) TO THE LAKE ELSINORE MUNICIPAL CODE
REQUIRING ELECTRONIC FILING OF CAMPAIGN STATEMENTS AND STATEMENTS
OF ECONOMIC INTERESTS.
Background
At its Regular meeting on January 28, 2020, the City Council introduced by title only and
waived further reading of the Ordinance.
At that meeting, it was asked whether multiple NetFile accounts would need to be created if
one already has an account with another agency and files Statements of Economic Interests
with them. The vendor has advised that they are, in fact, able to tie them together at the
database. After they do that, when a user logs in, the user will have all the NetFile agencies
he/she belongs to listed and can choose one to file to. After he/she files to the first agency,
the system will then ask if he/she would like to use that data to file to any of the other
agencies. If he/she selects yes, the user will then choose the other agency/agencies and
then the system will generate a draft document to review. If everything is correct, the user
will then select the button to file.
Exhibit
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-
Page 2 of 3
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-
Page 3 of 3
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