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HomeMy WebLinkAboutCC Ord 1703 2023-02-13ORDINANCE 1703 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING CHAPTER 2.15 TO TITLE 2 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO ELECTRONIC FILING OF CAMPAIGN FINANCE DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS WHEREAS, Government Code Section 84615 currently 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 to file such statements, reports, or other documents online or electronically with the City Clerk except for when such persons in a calendar year receive contributions totaling less than $2,000 and make expenditures totaling less than $2,000; and, WHEREAS, the City has entered 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 that is compatible with the Secretary of State's system for receiving an online or electronic filing and meets the requirements set by Government Code Section 84615; and (3) the System will be available free of charge to filers and to the public for viewing filings; and, WHEREAS, the City of Seal Beach desires to amend the Seal Beach 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 Seal Beach does hereby ordain as follows: Section 1. Chapter 2.15 (Electronic Filing) is hereby added to Title 2 (Elections) of the Seal Beach Municipal Code to read as follows: "Chapter 2.15 - Electronic Filing of Campaign Statements and Statements of Economic Interests." Section 2.15.005 Use of Electronic Filing System . A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100) of Title 9 of the California Government Code, 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. B. Any person holding a position listed in Government Code Section 82700 or designated in the city's local conflict of interest code adopted pursuant to Government Code section 83700, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the City Clerk. Section 2.15.01 n Paper Filing Not Required After Electronic Filirt . Any elected officer, candidate, committee or other person who has electronically filed a statement, report, form, or other document using the City's online system is not also required to file a copy of that document in a paper format with the City Clerk. Section 2.15.015 Filing Options When a Copy Must be Filed With City Clerk. 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. Section 2.15.020 Paper Filing When Cannot File Electronically. 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 timely file that document with the City Clerk in an alternative format. Section 2.15.025 Internet Posting of Data. The City Clerk shall ensure that the City's system makes all filed statements, reports, forms, or other documents available on the City's internet website in an easily understood format that provides the greatest public access. Within 72 hours of each applicable filing deadline, the statements, reports, forms, or other documents, whether filed electronically or in paper format, shall be available and posted on the City's internet website. If the final day of the 72 -hour period is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. Before posting, the City Clerk shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the filer. Providing a link on the City's internet website to the statement, report, or other document satisfies this requirement. The data shall be made available free of charge. The City Clerk's office shall also make a complete, unredacted copy of the statement, report, form, of Uhler document available to the Fair Political Practices Commission for Government Code Section 87200 filers. Section 2.15.030 Records Retention. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record. Section 2.15.035 Administrative Policies and Procedures. The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this Chapter." Section 2. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance or a summary thereof to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 23rd day of January, 2023. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 13th day of February, 2023 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None Joe Kalmick, Mayor APPROED FORM raig A. Steele, City Attorney