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File Number: 19-671 <br />for Campaign Law Enforcement Services. Services provided include the following: <br />§Auditing. The FPPC audits each candidate and his or her controlled <br />committee for elective City office for whom it is determined that more than <br />the allowed contributions was received. <br />§Enforcement. The FPPC serves as the civil and administrative prosecutor <br />for violation and may investigate possible violations. <br />§Advice, Education and Training. FPPC provides written and/or verbal <br />assistance to the candidates for elected City offices and potential <br />contributions in a City election regarding certain provisions. <br />§Legal Review. The FPPC may conduct a legal review to determine its <br />compliance with the Political Reform Act or to make recommendations for <br />amendments. <br />o The FPPC bills each city on an hourly basis for service performed, but requires a <br />minimum payment of $55,000 regardless of the number of hours actually worked. <br />The contract provides that the annual cost shall not exceed $100,000. <br />o It is currently unknown whether the FPPC would be willing to contract with San <br />Leandro for enforcement of a potential City campaign finance ordinance. <br />·If a person owns multiple businesses, can they make contributions from each business or <br />would that be considered one person? <br />o If the City Council proceeds with adopting an ordinance, the City Council can <br />decide whether or not to treat these contributions as being received from a single <br />contributor. For state officer holders, FPPC regulations provide that contributions <br />from related businesses, or an individual and a related business, are treated as <br />being received from a single contributor under specific circumstances. For <br />example, contributions from any entity that is majority owned by an individual are <br />treated as coming from that individual. <br />·Are Political Action Committees (PACs) treated differently or are they considered one <br />person? What are the rules about PACs campaigning for a candidate without their <br />knowledge/consent? Would that count as campaign contributions? <br />o The City Council can decide how to treat PACs for the purposes of a potential City <br />Campaign Finance Ordinance. For state office holders, FPPC regulations treat <br />PACs the same as an individual or business entity. However, FPPC regulations <br />create a higher contribution limit for “small contributor committees”. A small <br />contributor committee is a committee that receives donations from at least 100 <br />people, none of whom donates more than $200 per year, and which makes <br />contributions to at least five candidates. FPPC regulations do not treat campaign <br />related activities as an in-kind contribution to a candidate as long as such activities <br />are undertaken entirely independent from the candidate’s campaign and not at his <br />or her behest. <br />·Should the limit be higher for someone campaigning as a candidate for Mayor, since they <br />are at large and cover all six districts? <br />o Subject to Committee/Council discretion <br />·Should the contribution cap apply for the elected term of office (4 years) or should it be 2 <br />Page 4 City of San Leandro Printed on 12/23/2019 <br />113