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File Number: 19-671 <br />years since some incumbents run for different positions (ex. a seated council member <br />running for mayor)? <br />o Generally speaking, both state and federal campaign contribution limits apply <br />separately for each individual elective office. For example, an individual would be <br />able to donate the maximum contribution to a councilmember once per four year <br />term. If a candidate or councilmember later ran for the position of mayor, the <br />previous contribution would not count toward the contribution limit because the <br />donation was for a different elected office. Candidates may “roll over” funds from a <br />previous campaign to a new campaign under certain circumstances. <br />·Should there be a study of the cost of managing a campaign finance ordinance for a <br />mayoral race, councilmember, and a comparison of cost to surrounding cities. <br />o There are many variables and unknowns that will potentially impact time and costs <br />to the City, including ordinance structure and donation amount. At this time, without <br />more information about the specifics of a potential ordinance, estimates would be <br />very general and assumptive. <br />·For in-kind contributions, if a candidate forgets to self-report a contribution that goes over <br />a contribution limit, would this be considered a violation? <br />o The City Council has discretion to determine how a potential ordinance will treat <br />this situation. FPPC Regulations and other local ordinances generally require <br />in-kind contributions valued at over a certain amount to be reported. Failure to <br />report a qualifying in-kind contribution is generally a violation. The Council can <br />decide how to enforce this type of violation. For example, the ordinance may allow <br />a candidate to correct the error, depending on the magnitude of the violation, within <br />a certain amount of time without the City beginning any enforcement action. <br />·What will be the punishment for violations? <br />o Misdemeanor criminal charge; or <br />o Administrative Fines (other local jurisdictions range from $500 up to $5,000 or 3 <br />time the unlawful contribution, whichever is greater ) <br />o Could also include disqualification from running for any City office for a period of <br />time (e.g. 4 years). This generally only applies for criminal violations of the <br />ordinance. <br />·If a candidate was charged with a violation of a campaign contribution, what if they were <br />not proven guilty. Would this mean they would still get that same penalty and could they run <br />for a different office? <br />o Without a proposed ordinance structure, this currently is unknown. However, this <br />question could be flushed out through the structure of a proposed ordinance. <br />·If a campaign finance ordinance was adopted should complaints be anonymous? <br />o Subject to Committee/Council discretion. The FPPC allows complaints to be filed <br />anonymously, as do some cities with local campaign finance ordinances. <br />·When a candidate runs for a term in office for city council and succeeds then decides to <br />run for mayor, how are funds separated? If the candidate is not elected mayor, what <br />Page 5 City of San Leandro Printed on 12/23/2019 <br />114