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ORDINANCE NO. 3355 OF THE CITY OF CHULA VISTA ADDING SECTION 2.52.125 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS (SECOND READING AND ADOPTION)
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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.
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SUMMARY
The purpose of this ordinance is to allow elected officials, candidates, and committees to electronically file Campaign Disclosure Statements, with the requirement to file electronically, beginning July 1, 2017.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
The City Clerk’s Office contracts with NetFile to provide an electronic and paperless filing system for both Statements of Economic Interest (Form 700) and Campaign Finance Disclosure forms. The Form 700 system was launched in February 2015. The proposed ordinance pertains only to the Campaign Disclosure Form portion of the system.
The NetFile system was created specifically for cities and counties responsible for administering campaign disclosure filings, meeting the requirements set forth by the Secretary of State, and allows for fully electronic and paperless filing of campaign statements. The NetFile software has been approved by the Secretary of State for the electronic filing of many campaign forms, such as Form 460, related to campaign finance disclosure. Filers are able to input campaign finance information periodically, or all at once, with the system retaining and aggregating data specific to a campaign, to be used and carried over from one reporting period to the next. Furthermore, many of the third-party software systems used by filers will provide filers with an electronic file that can simply be uploaded to NetFile for electronic filing.
Campaign statements are one of the most frequently requested document types, and having them immediately available will not only save resources currently used to retrieve and provide the records to requestors, but will also be integral in our continued efforts toward fostering public trust through a more open, transparent government. Once the filer submits their statement electronically, the information will be immediately posted on the City’s website, with appropriate redactions (such as candidates’ and contributors’ home addresses) in place.
Pursuant to Government Code Section 84615, a local agency may require filers to file statements, reports, and other documents online or electronically with the local filing officer. In order for Chula Vista to accept electronically filed campaign-related statements, the City Council must adopt an ordinance permitting the use of an online filing system as an option for filing, and designating the electronic filings received by the City Clerk as the filing of record for the City.
The proposed ordinance allows filers to “opt-in” to using the electronic filing system until July 1, 2017, at which time, online, electronic filing would be mandatory. Until July 1, 2017, filers who are unable to file electronically may continue to file paper forms with the City Clerk’s Office.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Providing for a more efficient way to accept campaign statements and making them easily accessible to the public helps the City achieve its goal of operational excellence and meets City Initiative 1.3.1, fostering public trust through an open and ethical government.
CURRENT YEAR FISCAL IMPACT
The funding for the software fees of $16,500 for both modules (campaign statements and statements of economic interest) has been identified and will be paid from the Public Education and Government (PEG) Fund. There is no impact to the FY 2015-16 General Fund and no appropriations are required as a result of adoption of this Ordinance.
ONGOING FISCAL IMPACT
Ongoing software maintenance for both modules has an annual expense of $16,500, which will be funded from the PEG Fund, and will result in no impact to the General Fund.
ATTACHMENTS
None
Staff Contact: Donna Norris