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10A Action 2019 0106
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10A Action 2019 0106
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12/23/2019 11:26:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/6/2020
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File Number: 19-671 <br />further direction. <br />Analysis <br />State law and the Fair Political Practices Committee (“FPPC”) currently establish certain general <br />rules regarding fundraising, donations and other aspects of running for state or local office in <br />California. Additional FPPC rules establish contribution limits for state offices, such as Governor <br />or Assembly. Currently, California law does not limit campaign contributions for local election. <br />However, local jurisdiction have the authority to enact campaign contribution limits, and some <br />cities have adopted such limits. While the FPPC administers and enforces state rules and <br />regulations, local campaign contribution limits are administered by the local jurisdiction. <br />During the Rules Committee meetings of April 11, 2019, July 11, 2019, and October 10, 2019, an <br />overview was provided to the Committee, outlining campaign finance ordinances of other cities <br />within Alameda County. The Rules Committee discussed whether the City of San Leandro should <br />contemplate adopting a campaign finance ordinance to implement some form of contribution <br />limits for City elected office. <br />The Committee discussed numerous issues related to a potential ordinance, and requested <br />information from staff on a number of topics. Those questions and answers are summarized <br />below. Generally, the City Council would have the authority to determine the scope of a potential <br />ordinance, and information was provided to the Rules Committee regarding FPPC regulations for <br />State officeholders as an example of how a potential ordinance could handle certain issues. <br />It should be noted that in October 2019, the Legislature passed, and the Governor signed , <br />Assembly Bill 517, which will establish limits on campaign contributions for elected city and <br />county officials statewide. Specifically, the new law will limit contributions to local campaigns to <br />$3,000 per election. This limit will be enforced by the FPPC and will go into effect on January 1, <br />2021, in time for the 2022 election cycle. The law does not prohibit cities from enacting campaign <br />contribution limits of less than $3,000, but any such limits will not be enforced by the FPPC. <br />Rules Committee Discussion <br />As a result of the above discussion topics, the Rules Committee directed the following questions <br />be brought back for further discussion, with additional information from staff where appropriate: <br />·Should contribution limits be mandatory or voluntary? <br />o Subject to Committee/Council discretion <br />·Would self-funding count toward the limit? <br />o The Supreme Court has held that the First Amendment prohibits any limit on the <br />amount of money a candidate can donate to his or her own campaign <br />·How would previous campaign contributions be treated? <br />o Campaign contributions received before the campaign finance ordinance became <br />effective would not count toward the contribution limit. <br />·How are loans a candidate provides to his or her own campaign treated? <br />o The City Council can decide how the proposed ordinance will treat personal loans <br />Page 2 City of San Leandro Printed on 12/23/2019 <br />111
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