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Home My WebLink About2018-1 - Adding Chapter 1.26 to the Newport Beach Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure StatementsORDINANCE 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 WHEREAS, the City of Newport Beach ("City") desires to add the option of filing Campaign Disclosure Statements by elected officials, candidates, or committees electronically; 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 1 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 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. Ordinance No. 2018-1 Page 2 of 4 "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 shall 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, 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 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. Ordinance No. 2018-1 Page 3 of 4 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 ("CEQX) 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. 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. Ordinance No. 2018-1 Page 4 of 4 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: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield NAYS: ABSENT: None ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY r F2SHAL UFFY" DUFFIELD, MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2018-1 was duly introduced on the 131h day of February, 2018, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 271h day of February, 2018, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28'h day of February, 2018. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } ®'4L► FOR doi, Leilani I. Brown, MM City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2018-1 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: February 17, 2018 Adopted Ordinance: March 3, 2018 2018. In witness whereof, I have hereunto subscribed my name this 1 day of ' � r Leilani I. Brown, MMC City Clerk .°NppR City of Newport Beach, California ,e' 5:qu Fo%