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Home My WebLink AboutOrdinances_2935ORDINANCE NO. 2935 AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 2.74 TO THE REDLANDS MUNICIPAL CODE REGARDING ELCTRONIC FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN FINANCE DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST WHEREAS, California Government Code Section 84615 provides that a legislative body of local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act, except those whose contributions and expenditures each total less than two thousand dollars ($2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk; and WHEREAS, the City Clerk has identified and acquired NetFile, a software web -based system (System) that complies with the requirements of Government Code Section 84615; and WHEREAS, the System has been certified by the Secretary of State; and WHEREAS, the City Council expressly finds and determines that the System contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers pursuant to Government Code Section 84615; and WHEREAS, the City Clerk and NetFile will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2.74 is hereby added to Title 2 of the Redlands Municipal Code to read as follows: "CHAPTER 2.74 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST 2.74.010: Purpose and Authority 2.74.020: Findings 2.74.030: General Application 2.74.040: Procedures for Utilizing Online Filing 2.74.050: Availability of Statements for Public Review 2.74.060: Record Retention 1 I:\Ordinances\Nos 2900-2999 in Word\2935 Adding Chapter 2.74 Electronic Filing.docx 2.74.010 PURPOSE AND AUTHORITY That the purpose of this Ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees electronically. The City Council enacts this ordinance in accordance with the authority granted to cities by State law. 2.74.020 FINDINGS A. California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk. B. In any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement is required to be filed with the local government agency, the ordinance may permit that the copy be filed online or electronically. C. The City Council expressly finds and determines that the City's web -based System contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers; and D. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws. 2.74.030 GENERAL APPLICATION A. Any elected officer, candidate, or committee required to file statements, reports or other documents ("Statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) shall file such Statements using the City's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. B. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. C. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing. 2.74.040 PROCEDURES FOR UTILIZING ONLINE FILING A. Commencing with the effective date of this ordinance, elected officers, candidates, or committees required to file statements must file such statements electronically, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. All other individuals required to 2 I:\Ordinances\Nos 2900-2999 in Word\2935 Adding Chapter 2.74 Electronic Filing.docx file Statements of Economic Interest according to the City's adopted Conflict of Interest Code shall file electronically. B. The electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code. C. Any elected officer, candidate, or committee who has electronically filed a statement using the City's online system is not required to file a copy of that document in paper format with the City Clerk. D. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received; the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk. E. If the City's system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk. F. The online filing system shall enable electronic filers to complete and submit filings free of charge. G. The City Clerk is authorized to adopt such additional administrative policies and procedures as deemed necessary to implement, and not otherwise in conflict with, this Chapter. 2.74.050 AVAILABILITY OF STATEMENTS FOR PUBLIC REVIEW. A. The City's system shall make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall make a complete, unredacted copy of the statement available to the Fair Political Practices Commission for 87200 filers. B. The City Clerk's office shall maintain, for a period as described in the City's adopted records retention schedule, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose." 2.74.060 RECORDS RETENTION. A. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record." 3 I:\Ordinances\Nos 2900-2999 in Word\2935 Adding Chapter 2.74 Electronic Filing.docx Section 2. The City Council finds and determines that the adoption of this Ordinance is exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment. Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable. Section 4. The Mayor shall sign this Ordinance and the City Clerk shall certify to the adoption of this Ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law. Paul T Barich, Mayor ATTEST: e Donaldson, City Clerk 4 I:\Ordinances\Nos 2900-2999 in Word\2935 Adding Chapter 2.74 Electronic Filing.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 19' day of July, 2022, by the following vote: AYES: Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher; Mayor Barich NOES: None ABSTAIN: None ABSENT: None Donaldson, City Clerk 5 I:\Ordinances\Nos 2900-2999 in Word\2935 Adding Chapter 2.74 Electronic Filing.docx