HomeMy WebLinkAbout2018-01ORDINANCE NO. 2018-01
ADDING A NEW CHAPTER 1-11 TO THE DANVILLE MUNICIPAL CODE
RELATING TO ELECTRONIC FILING OF CAMPAIGN STATEMENTS AND
STATEMENTS OF ECONOMIC INTERESTS
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS.
In enacting this ordinance, the Town Council makes the following findings:
1. Government Code Section 84615 allows local agencies, such as the Town of
Danville, to adopt an ordinance requiring elected officers, candidates, committees
or other persons required to file all campaign statements required by Government
Code Section 84100 et seq. to be filed electronically with the local filing officer.
2. The Town has entered into a contract with SouthTech Systems, 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.
3. As required by Government Code Section 84615(a), the Danville Town Council
finds that the Town's proposed electronic filing system will operate securely and
effectively and that its use will not unduly burden filers. Specifically: the System
will ensure the integrity of the data and includes safeguards against efforts to
tamper with, manipulate, alter, or subvert the data; the System will only accept a
filing in the standardized record format developed by the Secretary of State and
compatible with the Secretary of State's system for receiving an online or electronic
filing; and the System will be available free of charge.
4. Effective January 1, 2018, all public officials required to file their Form 700
Statement of Economic Interests with the Fair Political Practices Commission (the
"FPPC") by Government Code Section 87200 must do so electronically.
5. Pursuant to regulations of the FPPC, local agencies may require all local filers of
the Form 700 Statement of Economic Interests to file electronically if the FPPC has
approved the local agencies electronic filing system. The FPPC has approved the
Town of Danville's system.
SECTION 2. ADDING CHAPTER 1-11 OF THE DANVILLE MUNICIPAL CODE.
Chapter 1-11 of the Danville Municipal Code is hereby added to read as follows:
CHAPTER 1-11
ELECTRONIC FILING OF CAMPAIGN AND ECONOMIC INTEREST STATEMENTS
1-11.1 Electronic Filing of Campaign Statements.
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
the Government Code), except an elected officer, candidate, committee or other person
who receives contributions totaling less than one thousand dollars ($1 ,000), or makes
expenditures totaling less than one thousand dollars ($1,000), in a calendar year shall file
those statements, reports or other documents online or electronically with the City Clerk.
1-11.2. Electronic Filing of Statements of Economic Interest.
Any person holding a position listed in Government Code Section 87200 or designated in
the Town's local conflict of interest code shall file their Statement of Economic Interest
reports (FPPC Form 700) online or electronically.
1-11.3. Use of Electronic Filing System.
(a) The Town's Electronic Filing System shall be implemented consistent with the
provisions of Government Code Section 84615 and any applicable regulations
adopted by the Fair Political Practices Commission.
(b) 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 will be required
to file electronically.
(c) 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 file that document with the City Clerk in an alternative format.
SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
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within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on December 19, 2017 and approved and
adopted by the Danville Town Council at a regular meeting held on January 16, 2018, by
the following vote:
AYES:
NOES:
Arnerich, Blackwell, Morgan, Stepper, Storer
None
ABSTAIN: None
ABSENT: None
AP OVED AS TO FORM: ATTEST:
Aep
CITY ATTORNEY CITY CL K
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2018-01 of said Town and that said ordinance
was published according to law.
Dated:
�Wll x
Town of Danville
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