HomeMy WebLinkAbout020122-09.1
ADMINISTRATIVE STAFF REPORT 9.1
TO: Mayor and Town Council February 1, 2022
SUBJECT: Ordinance No. 2022-01, adding a new Chapter 2-26 to the Danville
Municipal Code establishing no campaign contribution limits for Town
Council candidates
BACKGROUND
In 2019, the State adopted AB 571, which for the first time established campaign
contribution limits for all cities and counties that did not already have their own local
limits. The limits established by AB 571 are the same as those for state offices-in 2022 that
limit is $4,900. The law went into effect on January 1, 2021. AB 571 still allows local
jurisdictions to adopt their own ordinances.
The Town, which has not had any limits on campaign contributions, did not initially take
any action on AB 571 because of a provision in the law requiring that any jurisdiction
adopting their own contribution limits must also take over enforcement of their
ordinance, rather than the Fair Political Practices Commission (“FPPC”). This is not a
task that the Town has the resources to carry out.
In late 2021, the Town became aware of new regulations adopted by the FPPC which will
apply to jurisdictions which do not adopt a local ordinance and thus are subject to the
provisions of AB 571. In short, these provisions would substantially increase paperwork
and filing requirements for council candidates and, by default, the City Clerk. Based on
this new information, the Town Council reviewed options to address the issue at their
January 11 study session.
DISCUSSION
Guidance provided by the FPPC does provide one way to work between the competing
demands of either having the Town attempt to take over enforcement of campaign
contributions or increasing paperwork and filing requirements for both candidates and
the City Clerk. That option is to adopt a local ordinance which “explicitly state[s]…that
there are no limits on contributions.” The draft ordinance presented for consideration
would do exactly that.
AB 571 Contributions February 1, 2022
Adoption of the ordinance would have the effect of continuing the status quo in Danville.
The Town has not previously had any limits on campaign contributions to council
candidates and would not in the future. All paperwork requirements would remain as
they have been in the past both for candidates and the Town. All existing transparency
requirements would remain in place, meaning that all residents would still be able to
fully review contributions and expenditures by all candidates for Town Council.
PUBLIC CONTACT
Notice of this hearing was published in a newspaper of general circulation. Posting of the
meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Introduce and read by title only Ordinance No. 2022-01, adding a new Chapter 2-26 to
the Danville Municipal Code establishing no campaign contribution limits for Town
Council candidates and return for second reading on February 15, 2022.
Prepared by:
Robert B. Ewing
City Attorney
Attachment: Ordinance No. 2022-01
ORDINANCE NO. 2022-01
ADDING A NEW CHAPTER 2-26 TO THE DANVILLE MUNICIPAL CODE
ESTABLISHING NO CAMPAIGN CONTRIBUTION LIMITS FOR TOWN
COUNCIL CANDIDATES
The Danville Town Council does ordain as follows:
SECTION 1. ADDING CHAPTER 2-26 TO THE DANVILLE MUNICIPAL CODE.
Chapter 2-26 is hereby added to the Danville Municipal Code to read as follows:
2-26 CAMPAIGN CONTRIBUTION LIMITS
2-26.1 No Campaign Contribution Limits for Town Council Candidates.
There shall be no limit on monetary contributions from a person or campaign
committee to a candidate for Town Council.
SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have
this ordinance published once in a newspaper of general circulation within 15 (fifteen)
days after adoption. This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on February 1, 2022, and approved and
adopted by the Danville Town Council at a regular meeting held on February 15, 2022,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: 00529C24-CC13-46F1-ADDE-A9322D5404AB
PAGE 2 OF ORDINANCE NO. 2022-01
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. 2022-01 of said Town and that said
ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
DocuSign Envelope ID: 00529C24-CC13-46F1-ADDE-A9322D5404AB