Unless otherwise defined in this section, or the contrary is stated or clearly appears from the context, the definitions of the Political Reform Act of 1974 (Government Code Sections
81000 et seq.) and the definitions contained in the regulations adopted by the Fair Political Practices Commission shall govern the interpretation of this chapter.
Agent.A person who acts on behalf or at the behest of any other person.
Assistant Treasurer.An individual designated by a committee to have the duties, responsibilities, and obligations of a treasurer as described in Title
2, Section
118426.1 of the California Code of Regulations.
Candidate.An individual who:
1. Is listed on the ballot for elective City office, or
2. A person who has begun to circulate nominating petitions or authorized others to do so on his or her behalf for nomination for or election to a City office; or
3. Has received a contribution or made an expenditure or authorized another person to receive a contribution or make an expenditure, with the intent to bring about his or her nomination for or election to any elective City office; or
4. Is a City officeholder who becomes the subject of a recall election. A City officeholder "becomes the subject of a recall election" when the earlier of the following occurs:
a. The date a notice of intention to circulate a recall petition is published pursuant to the recall provisions of the
state Elections Code; or
b. The date a statement of organization for a committee to recall the officeholder is filed with the City Clerk or the Secretary of State pursuant to state and local law.
Committee.A person acting (or any combination of two or more persons acting jointly) to raise $1,000 or more, or to make independent expenditures of $1,000 or more, within a single calendar year, on behalf of or in opposition to a candidate. Committees include the following forms: (1) controlled committees, (2) primarily formed recipient committees, and (3) general purpose recipient committees.
Contribution.Generally as that term is defined in California Government Code Section
82015 and subject to the inclusions and exceptions contained in Title
2, Section
18215 of the California Code of Regulations, except as modified by the following provisions:
1. In the event of any conflict between the state law definition and the following provisions, the following provisions shall control:
a. A contribution includes any forgiveness of a debt or other obligation to pay for goods or services rendered, or reduction of the amount of a debt or other obligation to pay for goods or services rendered, unless it is clear from the circumstances that the amount of the reduction was reasonably based on a good faith dispute. A good faith dispute shall be presumed if the candidate or committee produces:
i. Evidence that the candidate or committee protested the payment of a bill no later than 30 calendar days after the last calendar day of the month in which the goods were delivered or the services were rendered; and
ii. Evidence that the protest was based on the quality or quantity of goods delivered or services rendered.
b. A contribution does not include an independent expenditure.
c. A contribution does not include a payment made for internal communications.
Controlled Committee.A committee controlled directly or indirectly by a candidate or that acts jointly with a candidate or controlled committee in connection with the making of expenditures. A candidate controls a committee if the candidate, the candidate's agent or any other committee controlled by the candidate has a significant influence on the actions or decisions of the committee.
Expenditure.A payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, unless it is clear from the circumstances that it is not made for political purposes. An expenditure is made on the date the payment is made or on the date consideration, if any, is received, whichever is earlier. An expenditure does not include a payment for internal communications, nor does it include costs incurred for communications advocating the nomination, election, or defeat of a candidate or the qualification, passage, or defeat of a measure by a federally regulated broadcast outlet or by a regularly published newspaper, magazine, or periodical of general circulation that routinely carries news, articles, or commentary of general interest.
General Purpose Recipient Committee.A person who receives contributions totaling $1,000.00 or more during a calendar year to support or oppose more than one candidate for any public elective office. This type of committee is not controlled by a candidate.
Independent Expenditure.An expenditure made by any person in connection with a communication that does any of the following:
1. Expressly supports or opposes the nomination, election, defeat, or recall of a clearly identified candidate; or
2. Taken as a whole and in context, urges a particular result in an election for the office of Mayor or the office of City Council.
An expenditure that is made to or at the behest of a candidate or a controlled committee is not an independent expenditure. |
Internal Communication.Any communication directed solely to members, employees, or shareholders of an organization, including communications to members of any political party, for the purpose of supporting or opposing a candidate or candidates for elective City office, specifically not to include communication activities used in connection with broadcasting, newspaper, billboard or similar type of general public communication. The meaning of internal communication is intended to be consistent with the definitions contained in California Government Code Section
85312 and Title
2, Section
18531.7 of the California Code of Regulations. Any amendments made to these authorities shall be deemed to be an amendment to the language of this definition.
Payment.A payment, reimbursement, distribution, transfer, loan, advance, deposit, gift, or other rendering of money, property, services or any other thing of value, whether tangible or intangible.
Person.An individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, labor union, or any other organization or group of persons acting in concert.
Political Purpose.The purpose of influencing or attempting to influence the action of the voters for or against the nomination, election, defeat, or recall of any candidate or elected City officer.
Primarily Formed Recipient Committee.A person, entity, or organization that receives contributions totaling $1,000 or more during a calendar year to support or oppose a single candidate for a City election. This type of committee is not controlled by a Candidate.
Shared Management.An organizational structure in which there is common management and control of two or more general purpose recipient committees. In determining whether there is common management and control, consideration shall be given to the following factors:
1. The same person or substantially the same person manages the operation of the different general purpose recipient committees;
2. There are common or commingled funds or assets;
3. The general purpose recipient committees share the use of the same offices or employees, or otherwise share activities, resources, or personnel on a regular basis;
4. There is otherwise a regular and close working relationship between the general purpose recipient committees.
Sponsor of a Committee.A person, except a candidate, to whom any of the following applies:
1. The committee receives 80% or more of its contributions either from the person or from the person's members, officers, employees or shareholders;
2. The person collects contributions for the committee by use of payroll deductions or dues from its members, officers, or employees;
3. The person provides, alone or in combination with other organizations, all or nearly all of the administrative services for the committee; or
4. The person sets, alone or in combination with other organizations, the policies for soliciting contributions or making expenditures of committee funds.
(Ord. 5423, 2007)