REPORT TO THE CITY COUNCIL
September 1, 2016
FROM: Yvonne Spence, City Clerk
Office of the City Clerk
BY: Todd Stermer, Assistant City Clerk
Office of the City Clerk
SUBJECT
Title
BILL - (For introduction) - Amending Subsection (d) of Section 2-1105 of the Fresno Municipal Code relating to threshold limits that require electronic filing of statements, reports and other documents described by Chapter 4 of the Government Code commencing with Section 84100.
Body
RECOMMENDATION
Staff recommends the City Council adopt the Bill amending Subsection (d) of Section 2-1105 of the Fresno Municipal Code.
EXECUTIVE SUMMARY
Recent legislative changes to California law adjusted the threshold to qualify an election related committee from $1,000 to $2,000. The Fresno Municipal Code (“FMC”) references a $1,000 threshold for electronic filing of campaign documents. Recognizing there are many filing requirements based on different dollar amounts, which may be changed from time to time, staff recommends removing the $1,000 threshold reference in the FMC. By removing the $1,000 threshold reference, electronic filing would thereafter be required whenever applicable threshold dollar amounts required documents to be filed.
BACKGROUND
On January 9, 2014 Council adopted Ordinance 2014-3 which made changes to FMC section 2-1105 regarding contribution limits and the method to file campaign documents. Among the changes was the addition of subsection (d) which stated “…an elected officer, candidate, committee or other person required to file statements, reports or other documents described by Chapter 4 of the Government Code (commencing with Section 84100) who receives contributions or makes expenditures totaling more than $1,000 in a calendar year shall file those statements, reports, or other documents online or electronically with the City.”
Assembly Bill 594 (Gordon) made changes to the Political Reform Act (“PRA”) and became effective January 1, 2016. Specifically, the Assembly Bill raised the recipient committee qualification threshold from $1,000 to $2,000.
While discussing the increased committee threshold with the City Attorney’s Office, it was determined that removing the $1,000 reference from the FMC would prevent the need for further updates to FMC Section 2-1105 (d) in response to future PRA threshold adjustments.
ENVIRONMENTAL FINDINGS
Environmental findings are not applicable as this Bill only concerns campaign reporting requirements.
LOCAL PREFERENCE
Local preference considerations are not applicable as this Bill does not concern competitive bidding, or consulting services contracts.
FISCAL IMPACT
There will be no impact to the General Fund by passage of this Bill.
Attachment: Bill Amending Subsection (d) of Section 2-1105