Item No. 3.
| MEETING DATE: November 16, 2020 |
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| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Laurie Swindell, CMC, City Clerk |
| SUBJECT: | CONSIDER FIRST READING OF AN ORDINANCE FOR COMPLIANCE WITH ELECTRONIC FILING OF CAMPAIGN DISCLOSURE DOCUMENTS |
RECOMMENDATION:
That the City Council APPROVE THE FIRST READING OF ORDINANCE NO. _____ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, ADDING CHAPTER 2.62 ("ELECTRONIC FILING OF CAMPAIGN DISCLOSURE DOCUMENTS") TO TITLE 2 ("ADMINISTRATION AND ORGANIZATION") OF THE LA HABRA MUNICIPAL CODE RELATING TO CAMPAIGN DISCLOSURE DOCUMENTS
DISCUSSION:
Effective January 1, 2021, State Assembly Bill 2151 will “….require a local government agency to post on its internet website, within 72 hours of the applicable filing deadline, a copy of any specified statement, report, or other document filed with that agency in paper format. This bill will require that the statement, report, or other document be made available for four (4) years from the date of the election associated with the filing. By imposing a new duty on local government agencies, this bill will impose a state-mandated local program.”
Government Code Section 84615 authorizes the City to adopt an ordinance that requires elected officers, candidates, and committees to file campaign disclosure documents electronically. City Council action is needed for the adoption of a finding that the electronic filing system will operate securely and not unduly burden filers. In order to comply with the new law, staff recommends that the City Council adopt an ordinance requiring the electronic filing of campaign disclosure documents so that these documents can be redacted, as permitted by law, and posted to the City website in a cost-effective manner.
The proposed ordinance requires the electronic filing of campaign disclosure documents and is in compliance with Government Code Section 84615 and AB 2151. However, should the proposed ordinance not be adopted by City Council, City Clerk staff would be required to manually redact campaign disclosure documents and post them onto the City website within 72 hours of filing in order to comply with AB 2151. Because this process can be very labor-intensive and time-sensitive, staff will consider retaining the services of a third party vendor specializing in this area.
Government Code Section 84615 authorizes the City to adopt an ordinance that requires elected officers, candidates, and committees to file campaign disclosure documents electronically. City Council action is needed for the adoption of a finding that the electronic filing system will operate securely and not unduly burden filers. In order to comply with the new law, staff recommends that the City Council adopt an ordinance requiring the electronic filing of campaign disclosure documents so that these documents can be redacted, as permitted by law, and posted to the City website in a cost-effective manner.
The proposed ordinance requires the electronic filing of campaign disclosure documents and is in compliance with Government Code Section 84615 and AB 2151. However, should the proposed ordinance not be adopted by City Council, City Clerk staff would be required to manually redact campaign disclosure documents and post them onto the City website within 72 hours of filing in order to comply with AB 2151. Because this process can be very labor-intensive and time-sensitive, staff will consider retaining the services of a third party vendor specializing in this area.
FISCAL IMPACT/SOURCE OF FUNDING:
If the proposed ordinance is approved by City Council, staff will review options to process the electronic filing of campaign disclosure documents either internally or by retaining the services of a third party vendor who specialize in this type of work. If a third party vendor is retained, the cost of such services would likely not exceed $6,000 per year and can be accommodated within the adopted City Clerk Department and Information Technology division budgets for Fiscal Year 2020-2021.
GENERAL PLAN RELEVANCE:
ED 8 Fiscal Advocacy Leverage
LU 6 City Fair and Equitable
LU 6 City Fair and Equitable