REPORT TO COUNCIL
SUBJECT
Title
Approve the Introduction of an Ordinance Regulating Dark Money
Report
BACKGROUND
On October 2, 2017, the Ethics Committee considered a report by the City Attorney regarding an ordinance to regulate and require the disclosure of the source of funds that ultimately are used in local City of Santa Clara elections (Dark Money). With discussion already having occurred at the committee level, and changes being considered to the Council Committee structure, staff is presenting to the full Council an ordinance in accordance with the goals discussed by the Ethics Committee. As with other matters on this April 24th City Council agenda, the opportunity to consider items impacting the November 2017 General Election provides full transparency to potential candidates and the public about potential changes in local elections and, specifically if approved, to the disclosure requirements relative to financial campaign contributions.
DISCUSSION
The attached proposed ordinance (Attachment 1) would add a new Article to Chapter 2.130 of the Santa Clara City Code to regulate the disclosure obligations of entities that make contributions of $100 or more that affect or are intended to affect a local Santa Clara election to City office or for or against a local Santa Clara City ballot measure. The ordinance is intended to be interpreted harmoniously with existing state regulations that are enforced by the California Fair Political Practices Commission.
The proposed ordinance would go beyond the state regulations in that it would require that all contributions of $100 or more expended in a local City of Santa Clara election, including contributions to Multipurpose Organizations that may not be required to be disclosed under state regulations, must be reported regardless of amount.
The new Santa Clara regulations would be enforceable under the existing enforcement provisions of Article VI of Chapter 2.130 (see Attachment 2 for the full text of Article ...
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