HomeMy WebLinkAbout2018-1 - 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
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Leilani I. Brown, MMC
City Clerk .°NppR
City of Newport Beach, California ,e'
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