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HomeMy WebLinkAbout03 - Electronic and Paperless Filing of FPPC Campaign Disclosure StatementsPO CITY OF NEWPORT BEACH �q- City Council Staff Report <i FO RN February 13, 2018 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk - 949-644-3005, (brown@newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk TITLE: Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements ABSTRACT - Elected officers, candidates and committees (collectively "Committees) can file campaign disclosure statements which require an original filing with the City Clerk's Office electronically through a new online system to be implemented prior to December 31, 2018. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Introduce Ordinance No. 2018-1, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 1.26 to the Newport Beach Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements, and pass to second reading on February 27, 2018. FUNDING REQUIREMENTS: An annual payment of $12,500 will be paid to NetFile to develop and maintain a system that permits the City of Newport Beach and users to electronically file FPPC campaign disclosure statements for committees that have a responsibility to file with the City of Newport Beach. This system also includes an online filer application, administrative portal, and public viewing portal. The City Clerk's Office will also be utilizing NetFile for electronic economic disclosure statements. 3-1 Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements February 13, 2018 Page 2 DISCUSSION: On January 1, 2013, Assembly Bill 2452 went into effect adding Section 84615 to the California Government Code, which allows local government agencies to require an elected officer, candidate, or committee (hereinafter referred to as "committees") to file statements, reports, or other documents online or electronically with its local filing officer. California Government Code Section 84615 requires local jurisdictions that use and accept electronic campaign filings to enact an ordinance with required findings approving the use of an electronic system, which includes that the system will operate securely and effectively and will not unduly burden filers. Furthermore, certain defined criteria are prescribed that must be satisfied by a local government agency, including that the system be available free of charge to filers, available to the public to view filings, and include procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury. Since the passage of AB2452, local government agencies throughout California have chosen to enact paperless filing, including the cities of Anaheim, Sacramento, San Diego, San Bernardino, Santa Rosa, Fresno, Huntington Beach, Oakland, Oceanside, and West Sacramento, as well as the City and County of San Francisco and the Counties of Riverside, Ventura, Marin, and Butte. Although California Government Code Section 84615 authorizes a local agency to mandate electronic filing, staff recognizes that such mandates could have a direct effect on those committees or individuals who do not have computer access or familiarity with computer programs. To prevent any hardship, staff recommends the Council approve an Opt-In/Out program with the caveat that the "opt -out" option becomes void as of December 31, 2018. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Ordinance No. 2018-1 Attachment B — California Government Code Section 84615 3-2 ATTACHMENT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 1.26 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS WHEREAS, the City of Newport Beach ("City") desires to add the option of filing Campaign Disclosure Statements by elected officials, candidates, or committees electroncially; WHEREAS, California Government Code Section 84615 allows the City Council to adopt an ordinance that requires an elected officer, candidate, or committee, required to file original 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; WHEREAS, in any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement is required to be filed with the City, the ordinance may permit, but shall not require, that the copy be filed online or electronically; WHEREAS, the City Council finds and determines that the City Clerk will use a web -based system that contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers; and WHEREAS, the City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Chapter 1.26 of the Newport Beach Municipal Code ("NBMC") is hereby added to Title I to read as follows: ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS Sections: 1.26.010 DEFINITIONS 1.26.020 GENERAL 1.26.030 PROCEDURES FOR UTILIZING ONLINE FILING 1.26.040 AVAILABILITY OF STATEMENTS FOR PUBLIC REVIEW; RECORD RETENTION 3-3 Ordinance No. 2018-1 Page 2 of 4 1.26.010 DEFINITIONS Unless otherwise defined below, the terms used in this chapter shall have the same definitions as specified in the Political Reform Act (California Government Code Section 81000 et seq.) and FPPC regulations (California Code of Regulations Title 2, Division 6), or any successor statutes or regulations. In those cases where definitions in the Political Reform Act or FPPC regulations contain a specific reference to any State election, candidate, or electoral criteria, the definition shall be modified to reflect the municipal equivalent, or, in the absence of a municipal equivalent, to delete the specific reference. "Statements" means statements, reports, or other documents required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) or any successor statute. "City Clerk's online system" means the web -based filing system utilized by the Newport Beach City Clerk's Office for the submission of statements, reports or other documents required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) or any successor statute. 1.26.020 GENERAL A. Any elected officer, candidate, or committee required to file original Statements with the Newport Beach City Clerk's Office may file such Statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in California Government Code Section 84615. From and after December 31, 2018, elected officers, candidates and committees required to file original Statements with the City Clerk must file such Statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to California Government Code Subsection 84615(a), or any successor statute, because the officer, candidate or committee receives less than $1,000 in contributions and makes less than $1,000 in expenditures in a calendar year. B. The City Clerk's online 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 City Clerk's online system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to California Government Code Subsection 84602(a)(2), or any successor statute, and that is compatible with the Secretary of State's system for receiving an online or electronic filing. 1.26.030 PROCEDURES FOR UTILIZING ONLINE FILING A. Until December 30, 2018, an elected officer, candidate, or committee may choose to opt -in to the electronic filing system by electronically filing a Statement that is required to be filed with the City Clerk pursuant to Chapter 4 of the Political Reform Act, or any successor statute. Once the elected officer, candidate or 3-4 Ordinance No. 2018-1 Page 3 of 4 committee has opted -in, all subsequent Statements shall be filed electronically. An elected officer, candidate, or committee may opt -out of the electronic filing system by filing original Statements in paper format with the City Clerk, Thereafter the elected officer, candidate or committee shall file all original Statements in paper format with the City Clerk. From and after December 31, 2018, electronic filing is mandatory unless the officer, candidate or committee is exempt as described in NBMC Section 1.26.010(A), or any successor statute. B. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk. C. Any elected officer, candidate, or committee who is required to file an original Statement with the California Secretary of State and a copy of that Statement with the City Clerk's Office may, but is not required to, file the copy of the required Statement using the City Clerk's online system. D. The City Clerk's online system shall issue an electronic confirmation that notifies the filer that the Statement was received, which notification shall include the date and the time that the 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. E. If the City Clerk's online system is not capable of accepting a Statement, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk. F. The City Clerk's online system shall enable electronic filers to complete and submit filings free of charge. 1.26.040 AVAILABILITY OF STATEMENTS FOR PUBLIC REVIEW; RECORD RETENTION A. The City Clerk's online system shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain the street name 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. From the date filed, the City Clerk's Office shall maintain a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits pursuant to the City's Records Retention Schedule. Section 2: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, 3-5 Ordinance No. 2018-1 Page 4 of 4 Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of February, 2018, and adopted on the 27th day of February, 2018, by the following vote, to-wit.- AYES, o-wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MARSHALL "DUFFY" DUFFIELD, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 3-6 I� STATE OF CALIFORNIA ATTACHMENT B L 'AUTHENTICATED BUR- ELECTRONIC LEGAL MATERIAL State of California GOVERNMENT CODE Section 84615 84615. A local government agency may require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contributions totaling less than one thousand dollars ($1,000), and makes expenditures totaling less than one thousand dollars ($1,000), in a calendar year, to file those statements, reports, or other documents online or electronically with a local filing officer. A local government agency that requires online or electronic filing pursuant to this section shall comply with all of the following: (a) The legislative body for the local government agency shall adopt an ordinance approving the use of online or electronic filing, which shall include a legislative finding that the online or electronic filing system will operate securely and effectively and would not unduly burden filers. The ordinance adopted by the legislative body for the local government agency may, at the discretion of that legislative body, specify that the electronic or online filing requirements apply only to specifically identified types of filings or are triggered only by identified monetary thresholds. In any instance in which the original statement, report, or other document is required to be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the local government agency, the ordinance may permit, but shall not require, that the copy be filed online or electronically. (b) The online or electronic filing system shall only accept a filing in the standardized record format that is developed by the Secretary of State pursuant to paragraph (2) of subdivision (a) of Section 84602 and that is compatible with the Secretary of State's system for receiving an online or electronic filing. (c) The online or electronic 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. (d) (1) The local filing officer shall issue to a person who files a statement, report, or other document online or electronically an electronic confirmation that notifies the filer that the statement, report, or other document was received. The confirmation shall include the date and the time that the statement, report, or other document was received by the filing officer and the method by which the filer may view and print the data received by the filing officer. (2) A copy retained by the filer of a statement, report, or other document that was filed online or electronically and the confirmation issued pursuant to paragraph (1) that shows the filer timely filed the statement, report, or other document shall create 3-7 a rebuttable presumption that the filer timely filed the statement, report, or other document. (e) The date of filing for a statement, report, or other document that is filed online or electronically shall be the day that it is received by the local filing officer. (f) The local filing officer shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain 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. The local filing officer shall make a complete, unredacted copy of any statement, report, or other document filed pursuant to this section, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request. (g) The online or electronic 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. (h) The local government agency shall enable filers to complete and submit filings free of charge. (i) The local filing officer shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement, report, or other document filed pursuant to this section, which shall serve as the official version of that record for purpose of audits and any other legal purpose. Data that has been maintained for at least 10 years may then be archived in a secure format. 0) Notwithstanding any other provision of law, any statement, report, or other document filed online or electronically pursuant to this section shall not be required to be filed with the local filing officer in paper format. (Added by Stats. 2012, Ch. 126, Sec. 1. (AB 2452) Effective January 1, 2013.) 3-8