HomeMy WebLinkAboutORD 823ORDINANCE NO.823
AN ORDINANCE OF THE CITY OF PALM DESERT
ESTABLISHING A VOLUNTARY CAMPAIGN
EXPENDITURE CEILING FOR ELECTIONS TO
CITY OFFICES AND AMENDING THE PALM
DESERT MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1: "The California Political Reform Act of 1996" passed by the voters as
Proposition 208 on November 5, 1996, permits cities to establish voluntary expenditure ceilings for
candidates for elective office and the controlled committees of such candidates. Pursuant to California
Government Code Section 85400 (c), effective January 1, 1997, such a local voluntary expenditure
ceiling may be established in any amount not to exceed one dollar ($1) per resident of the jurisdiction.
Section 2: The provisions of this ordinance shall be codified to become a part of the Palm
Desert Municipal Code, to read as follows:
Election campaigns. Voluntary Expenditure Ceiling.
(a) Pursuant to Government Code Section 85400 (c), a voluntary expenditure ceiling is
hereby established for each election to City elective office in an amount equal to seventy-five cents
($.75) per resident of the City. As used in this Section, the term "City elective office" shall mean the
offices of Member of the City Council and City Treasurer.
(b) The City Council shall determine the number of residents in the City for the purposes
of this Section by resolution adopted not less than seven (7) months prior to each regular City election.
(c) Prior to accepting any contributions, each candidate for City elective office shall file
with the City Clerk a statement of acceptance or rejection of the voluntary expenditure
ceiling established herein.
(d) No candidate for City elective office who accepts the voluntary expenditure ceiling
established herein and no controlled campaign committee of such a candidate shall make campaign
expenditures cumulatively in excess of the voluntary expenditure ceiling established herein.
(e) Each candidate who rejects the voluntary expenditure ceiling established herein shall
be subject to the contribution limit set forth in Government Code Section 85301, as the same may be
amended from time to time.
(f) Each candidate who accepts the voluntary expenditure ceiling established herein shall
be subject to the contribution limit set forth in Government Code Section 85402, and not the
contribution limit set forth in Government Code Section 85301, as either section may be amended from
time to time. In addition, as to each such candidate the City Clerk shall:
1. Cause to be printed in the City sample ballot materials, at the option of the
candidate, a candidate's statement at no charge to the candidate, including one
translation thereof.
2. Provide notification to voters that the candidate has accepted the voluntary
expenditure ceiling established herein, as required by Government Code
Section 85602 and any applicable regulations.
(g) Except as provided herein, the provisions of the California Political Reform Acts of
1974 and 1996, Government Code Sections 81000, et seq. (Collectively, "the Acts"), and applicable
regulations adopted pursuant thereto, as the same may be amended from time to time, shall govern the
interpretation and application of this Section.
(h) The penalties and remedies for violations of this Section shall be those set forth in the
Acts.
Section 3. The City Clerk shall cause this Ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within fifteen (15) days after its
passage, in accordance with Section 36933 of the Government Code, shall certify to the adoption of this
ordinance, and shall cause this ordinance and her certification, together with proof of publication, to
be entered in the Book of Ordinances of the Council of this City.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, this
27th day of March, 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CRITES, SNYDER, SPIEGEL, BENSON
NONE
KELLY
NONE
—�, Xaizl1,61.
SHEILA R. GILLIGAN
City Clerk /
2
1jL /
JE N M. BENSON, Mayor Pro Tempore
�nty of Palm Desert