REPORT TO COUNCIL
SUBJECT
Title
Adopt Ordinance No. 1979 Amending Chapter 2.130 of the Santa Clara City Code to enact regulations regarding contributions influencing local City elections (Dark Money)
Report
BACKGROUND
Proposed Ordinance No. 1979 was passed for the purpose of publication on April 24, 2018. Pursuant to City Charter Sections 808 and 812, a summary of the proposed Ordinance No. 1979 was published on May 9, 2018 and copies were posted in at least three public places.
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. The opportunity to consider items impacting the November 2018 General Election provides full transparency to potential candidates and the public about potential changes in local elections and, specifically, to the disclosure requirements relative to financial campaign contributions.
DISCUSSION
The 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.
Government Code Section 81013 provides that a local agency may impose additional requirements on any person if the requirements of state law do not prevent the person from complying with the Fair Political Practices Act. The prop...
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