HomeMy WebLinkAboutORD 02 (2022)ORDINANCE NO. 02 (2022)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ADDING CHAPTER 2.06 TO TITLE 2 OF THE
DIAMOND BAR MUNICIPAL CODE REGARDING ELECTRONIC FILING
OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF
ECONOMIC INTEREST.
WHEREAS, California Government Code Section 84615 provides that a
legislative body of a local government agency may adopt an ordinance that requires 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 whose contributions and expenditures each total less than two thousand
dollars ($2,000) in a calendar year, to file such statements, reports, or other documents
online or electronically with the City Clerk.
WHEREAS, California Government Code Section 84616 provides that within
seventy-two (72) hours of each applicable filing deadline, a local government agency shall
post on its website a copy of any statement, report, or other document required by
Chapter 4 of the Political Reform Act (commencing with Government Code Section
84100) that is filed with that agency in paper format.
WHEREAS, The City intends to enter into an agreement with a vendor certified
by the California Secretary of State and meeting the requirements of Government Code
Section 84615, to provide an online electronic filing system ("System") for campaign
disclosure statements and statements of economic interest forms.
WHEREAS, The System shall operate securely and effectively and will not unduly
burden filers, and more specifically: the System contains multiple safeguards to protect
the integrity of the data and includes safeguards against efforts to tamper with,
manipulate, alter or subvert the data; the System shall only accept filing in the
standardized record format developed by the Secretary of State and compatible with the
Secretary of State Is system for receiving an online or electronic filing; and the System
shall be available free of charge to filers and to the public for viewing filings.
WHEREAS, The City Clerk's Office will operate the electronic filing system in
compliance with the requirements of California Government Code Section 84615 and any
other applicable laws.
WHEREAS, All legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, the City Council of the City of Diamond bar does hereby
ordain as follows:
Ordinance No. 02 (2022)
Section 1. Purpose and Authority. The purpose of this chapter is to require the
electronic filing of Campaign Disclosure Statements and Statements of Economic Interest
by elected officials, candidates, staff, committees, and other required filers. The City
Council enacts this chapter in accordance with the authority granted to cities by California
Government Code Section 84615.
Section 2. A new Chapter 2.06 entitled "Electronic ng of Campaign
Disclosure Statements and Statements of Economic Interest," is hereby added to Title 2
of the Diamond Bar Municipal Code to read as follows:
"Chapter 2.06
ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND
STATEMENTS OF ECONOMIC INTEREST
Sections:
2.06.010 General.
2.06.020 Procedures for utilizing online filing.
2.06.030 Availability of Statements for public review; Records
retention.
2.06.010 General.
A. 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 commencing with Government Code Section 84100, must
file such Statements using the City's online system according to procedures
established by the City Clerk, except as otherwise provided in this Chapter. These
procedures shall ensure that the online system complies with the requirements set
forth in Section 84615 of the Government Code. Elected officers, candidates, or
committees required to file Statements must file such Statements using the City's
online system, unless exempt from the requirement to file online pursuant to
Government Code Section 84615 (a) because the officer, candidate, or committee
receives less than $2,000 in contributions and makes less than $2,000 in
expenditures in a calendar year. All other individuals required to file Statement of
Economic Interest according to the City's adopted Conflict of Interest Code must
file electronically using the City's online system.
B. The online filing system shall ensure the integrity of the data transmitted and shall
include safeguards against efforts to tamper with, manipulate, alter, or subvert the
data.
C. The online filing system shall include a procedure for filers to comply with the
requirement that they sign statements and reports under penalty of perjury
pursuant to Section 81004 of the Government Code.
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Ordinance No. 02 (2022)
2.06.020 Procedures for utilizing online filing.
A. Electronic filing is mandatory unless the officer, candidate, or committee is
exempt as provided in Section 2.06.010 A, or California Government Code
84615(a), or the provisions of Section 2.06.020 D of this section apply.
B. Any elected officer, candidate, or committee who has electronically filed a
statement using the City's online system is not required to file a copy of the
document in paper format with the City Clerk.
C. The City Clerk shall issue an electronic confirmation that notifies the filer that
the Statement was received, the notification shall include the date and the time
that 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 it is received by the City Clerk.
D. If the City's system is not capable of accepting a Statement due to technical
difficulties, or the City does not have available a certified online filing system,
an elected officer, candidate, or committee shall file that Statement in paper
format or an alternative format with the City Clerk. Nothing in this section shall
affect the deadline date for any required filing.
E. The online filing system shall enable electronic filers to complete and submit
filings free of charge.
F. The City Clerk is authorized to adopt such additional administrative policies and
procedures as deemed necessary to implement, and not otherwise in conflict
with, this Chapter.
2.06.030 Availability of Statements for public review; Records retention.
A. The City's system shall make all the data filed available on the City's website
in an easily understood format that provides the public access. The data shall
be made available free of charge. The data made available on the City's
website shall not contain information exempt from disclosure under the Public
Records Act (commencing with Government Code 6250), including 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.
B. The City Clerk's office shall maintain, for the period specified in the City's
records retention schedulebut not less than ten (10) years from the date of
filing, a secured, official ve, rsion 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."
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Ordinance No. 02 (2022)
Section 3. Internal Consistency. To the extent any provision of the Municipal
Code, or any resolution or other ordinance of the City, is inconsistent with this Ordinance,
A such conflicting provisions are hereby repealed.
Section 4. Severability. If any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5. Effective Date. This Ordinance shall take affect 30 days after its
adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to
cause this ordinance to be published and/or posted as required by law.
APPROVED AND ADOPTED this 7th day of June, 2021.
CITY OF DIAMOND BAR:
Ruth M. Low;--K/layor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 17th day of May, 2021, and was duly adopted at a regular
meeting of the City Council of the City of Diamond Bar held on the 7th day of June, 2022,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
LiuLyonsTyeMPT/Chou, M/Low
Kristina Santana, City Clerk