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85-261 WHITE ,- CITV CLERK COUIICIl PINK - FINANCE G I TY O F SA I NT PA U L ��/ CANARV - DEPARTMENT BLUE - MAVOR Fl�e NO. �� � � Council Res,olution �;: ��- _ Presented By Referre o Committee: Date Out of Committee By Date RESOLVED, the City of Saint Paul requests favorable legislative action on its proposed bill (attached hereto and incorporated herein) relating to elections . COUNC[LMEN Requested by Department of: Yeas ,��, saN yF�V � /lI Drew In Favor Masanz Nicosia Scheibel __ Against BY Tedesco Wilson FEB 19 1985 Form Approved by City Attorney Adopted by Council: Date Certified P• -s y ouncil et BY `� �' 2����� By, �1ppr by ;Navor: te •_ FEB 2 � i9�5 Approved by Mayor for Submission to Council By � BY i�us�.tsH� �,;i'i(�� i�85 .. � '. �. . . ` �� d'j- 'v( �0 I A Bill for an Act Relating to elections; regulating the financing of politicaZ campaigns in the city of Saint Paul; creating and imposing duties on a city ethical practices board ; imposing duties �n the city clerk; superseding local ordinances and home rule charter , imposing late filing fees and criminal penalties. BE IT ENACTED BY THE LEGISLATURE OF THE S'1'ATE OF I�INNESOTA: SECTION 1. [CAMPAIGN FINANCING.] Sections 1 to 17 apply to the financing of campaigns for city elections in the city of Saint Paul. The provisions of Minnesota Statutes, sections 210A.22 to 210A.33 do not apply to the financing of campaigns for elections subject to the provisions of sections 1 to 17. SECTION 2. [DEFINITIONS.� Subdivision 1. F�r the purposes of sections 1 to 18 , the terms defined in this section have the meanings given them. The terms defined in Minnesota Statutes, Chapter 200 , also apply to sections 1 to 18 , unless a diffezent meaning is specified in this section. Subd. 2. "Advance of credit" means any money owed for goods provided or services rendered. An advance of credit is an expenditure in the year in which the goods or services are used or consumed. "Advance of credit" does not mean "loan" as defined in subdivision 12. Subd. 3. "Association" means a business, corporation, firm, partnership, comm i ttee, labor organi zation, club, or any other group of two or more persons , which includes more than an immediate family, acting in concert. Subd. 4. "Business with which he is associated" means any association in connection with which the individual is com pensated in excess of $50 except for actual and reasonable expenses in any month as a director, officer, owner , member , partner, employer �r empl.oyee, or is a holder �f securities worth $2, 500 or more at fair market value. Subd. 5. "Candidate" means an individual , not within the definition of candidate of Minnesota Statutes, Section 10A.01, Subdivision 5 , who seeks nomination or eZection to any city office in the City of Saint Paul. Subd . 6. "City" means the City of Saint Paul . 1 �A � . . �� ��-U��l Subd. 7. "Contribution" means a transfer of funds or a donation in kind. "Contribution" includes any loan or advance of credit to a political committee, political fund , or principal cam paign com mittee, if that loan or advance of credit is (a) forgiven, �r (b) paid by an entity other than the political committee, p�litical fund, or principal campaign committee to which the loan or advance of credit is made. "Contribution" does not include services provided without compensation by an individual volunteering his time on beha�f of a candidate , political committee or political fund , or the publishing or broadcasting of news items or editorial comments by the news media . Subd. 8. "Donation in kind" means anything of value other than money or negotiable instruments given by an individual or association to a political committee , political fund , or principal cam paign committee for the purpose of influencing the outcome of an election. Subd. 9. "Election" means any election held to nom inate or elect any candidate or to decide any question on the ballot in the city of Saint Paul . Subd. 10. "Expenditure" means a purchase qr payment of money or anything of value, or an advance of credit, made or incurred for the purpose of influencing the �utcome of any election. "Expenditure" does n�t include services provided without compensation by an individual volunteering his time on behalf of a candidate, political committee or political fund, or the publishing �r broadcasting of news items or editorial comments by the news media. Subd. 11. "Filing officer" means the City Clerk for the city of Saint Paul . Subd. 12. "Loan" means an advance of money or anything of value made to a political cpmmittee, political fund, or principal campaign committee. Subd. 13. "Political committee" means any political party, association or person other than an individual that seeks as its major purpose to influence the outcome of any election. Subd. 14. "Political fund" means any accumulation of dues or voluntary contributions by an association other than a political committee, which accumulation is collected or expended for the purpose of influenceing the outcome of any election. 2 .J „ . � � ��,��-�d�/ Subd. 15. "Population" means population as determined by the most recent federal census. Subd. 16. "Principal campaign committee" means the sinqle political committee designated by a candidate. Subd. 17. "Transfer �f funds" or "transfer" means money or negotiable instruments given by an individual or association to a political com mittee , political fund , or principal campaign committee f�x the purpose of influencing the outcome of any election. SECTION 3. [ POLITICAL COMr'iITTEES.] Subd. 1. OF"FICERS. Every pQlitical committee sha11. have a chairpe�son and a treasurer , who may be the same individual.. The treasurer may designate deputy treasurers and shall be responsible for their accounts. The treasurer shall designate a single depository and account for all contributions received by the political committee . Subd. 2. PROHIBITIONS; ACCEPTANCE OF CERTAIIJ CONTRIBUTIONS; COMNiINGLING OF FUNDS. No contribution shall be accepted and no expenditure shal �. be made by or on behalf Qf a political committee while the office of treasurer is vacant. No anonymous contribution in excess of $20 shall be retained by the political committee but shall be forwarded to the Department of Finance and Management Services of the city of Saint Paul for deposit in the general fund. Any individual wh� violates a provision of this subdivision is guilty of a misdemeanor which shall be prosecuted by the Ramsey County Attorney. SECTION 4. [ POLITICAL �'UNDS.] Subdivision 1. WHEN REQUIREB. No association other than a political committee shaZl transfer more than $ 100 in aggregate in any one year to candidates or po�.itical committees or make any expenditure unless the transfer or expenditure is made from a political fund . Subd. 2. TREASURER; COMM INGLING OF FUNDS; ANONYMOUS CONTRIBUTIONS. Each association which has a political fund shall elect �r appoint a treasurer of the political fund. No contributions to the political fund shall be accepted and no expenditures from the fund shall be made while the �ffice of the treasurer is vacant. The contents of the political fund shall not be commingled with any othez funds oz with the personal funds of any officer or member of the fund. No anonymous contribution in excess of $20 shall be retained by the political fund but shall be forwarded to the �epartment of Finance and Ntanagement Services of the city of Saint Paul for depQSit in the general f und . 3 , _ ., ���_��� Y ' . � Subd. 3. USE OF DUES AND M�EMBERSHIP FEES. Notwithstanding subdivision 1, the association may, if not prohibited by other law, deposit in its political fund money derived from dues or membership fees. The treasurer of any fund, in any report required by section 9 , shall disclose the name of any member whose dues, membership fees and contxibutions deposited in the political fund in any one year exceed $50 in the aggregate . Subd. 4. PENALTY. Any person who knowingly violates the provisions of this section is gui�ty of a misdemeanor which shall be prosecuted by the Ramsey County Attorney. SECTION 5. [PRINCIPAL CAMPAIGN COMNIITTEE.] Every candidate who receives contributions or makes expenditures in excess of $100 shall designate and cause to be formed a single political committee which shall be known as the candidate's principal campaign committee. The candidate shall make expenditures only through his principal campaign committee. The candidate may be the chairman and treasurer of his principal campaign committee . SECTION 6. [ REGISTRATION OF POLITICAL COM MITTEES AND POLITICAL FUNDS.] Subdivision l.. FILING OFFICE , DEADLINE. Every political committee, political fund and principal cam paign committee shall register with the filing officer within 14 days after the date by which the committee or fund has received contributions or made expenditures in excess of $100. Subd. 2. STATEMENT REQUIRED. A political committee or fund registers by filing a statement of organization that includes : (a) The name and address of the p�litical committe �r fund; (b) The name and address of the chairman, the tzeasurer , and any deputy treasurers; (c) The name and address Af the depository used by the committee or fund; (d) The name and address of any supporting association of a political fund; and (e) A statement as to whether the c�mmittee is a principal campaign committee. The statement of �rganization shall be filed by the treasurer of the political committee, political fund or principal campaign committee . 4 •� . . � � � � ' �'���-��� SECTION 7. [ACCOUNTS WHICH MUST BE KEPT.] Subdivision 1. CONTRIBUTIONS; EXPENDITURES; TRANSFERS. The treasurer of any politica�. c�mmittee , political fund or principal campaign committee shal� keep an account of: (a) The sum of a11. contributions, except any donation in kind valued at $20 or less, made to the political committee or fund ; (b) The name and address of each souxce of a transfer or donation in kind in excess of $2Q, together with the date and amount; (c) Each expenditure made by or on behalf of the committee together with the date and amount; and (d) The name and address of each political com mittee or fund to which transfers in excess of $20 have been made, together with the date and amount. Subd. 2. AUTHORIZATION OF EXPENDITURES; RECEIPTS. Each expenditure by a political committee, political fund or principal campaign committee shall be authorized by the treasurer. The treasurer may authorize not more than $20 per week as petty cash for miscellaneous expendituzes. The treasurer shall obtain a receipted bill stating the particulars for every expenditure of more than $100 made by or on behalf of the political committee or fund, and for any expenditure of a lesser amount if the aggregate amount of lesser expenditures to the same individual or association during a year exceeds $100 . SECTION 8. [CAMPAIGN REPORTS.] Subdivision 1. COMMITTEES REQUIRED TO REPORT; DEADLINES. The treasurez of any political committee, political fund or principal cam paign committee required to register pursuant to section 6 shall also file campaign reports with the filing officer. Campaign reports shall be filed ten days before any regular primary �r regular election. The tXeasurer of a principal cam paign committee shall file additional reports ten days before a special primary or other special election and 30 days after a special election. The reports shall cQVer the period from the last day of the pzevious reportinq period to seven days bef�re the filing date. An additional campaign report shall be filed by all treasurers �n January 31 of each year covering the period from the last day of the previous reporting period to December 31 of the preceding calendar year. The treasurer of any political committee, political fund or principal campaign committee which previously made filings in St. Paul pursuant to state or local election laws, whose candidate or question is no longer on the ballot for a municipal office or issue and which has not filed for 5 .� f • ��(�_.�^ �l�'F' � termination pursuant to Section 8, Subd. 4, shall file on January 31 of each year a report which shall include all information required in a periodic report. Subd. 2. CONTENT OF REPORTS. Each campaign rep�rt required under this section shall disclose: (a) The amount of liquid assets on hand at the beginning of the reporting period; (b) The name, address and employer, or �ccupation if self- employed , of each individual , committee or political fund that made transfers or donations in kind during the reporting period to the political committee in an aggregate amount or value in excess of $50 , together with the amount and date; (c) The sum of a�.l contributions made to the political com mittee or political fund during the reporting period; (d) Each loan made �r received by the political committee or political fund during the reporting period in aggregate in excess �f $100 , together with the name, address , occupation and the principal place of business , if any, of the lender and any endorser and the date and amount of the loan. A loan made to a poZitical com mittee or political fund which is fozgiven or is repaid by an entity other than that political cQmmittee o� fund shall be reported as a contribution; (e) The sum of all receipts, including all contributions and loans, during the reporting period ; (f) The name and addxess of each pers�n to whom aggregate expenditures have been made by or on behalf of the poZitical com mittee �r fund d uring the reporting period in excess of $100, the amount, date and purpose of each expenditure and the ballot question or the name and address of the candidate supported or opposed by the expenditure; (g) The sum of all expenditures made by the political committee ��r fund during the reporting period; (h) The amount and nature of any advance of credit incurred by the political committee or fund continuously reported until paid or forgiven. An advance of credit incurred by a political committee or fund which is forgiven or is paid by an entity other than that 6 'r . w � . ' ��=�f'jr"�-�C�( p�litical committee or fund shall be reported as a d�nation in kind; ( i) The name and address of each political com mittee or fund to which aggregate transfers in excess of $100 have been made during the reporting period , together with the amount and date of each transfer; (j ) The sum of all transfers made to political committees or funds during the reporting period; and (k) The sum of all disbursements not made to influence the outcome of an election. Subd. 3. Expenditures by a political party as defined in Minnesota Statutes, Section 20.02, Subdivision 7 , or a substate unit of such a party , for the preparation , display and distribution of an official party sample ballot containing the names of three or more individuals whose names are to appear on the ballot shall not be considered contributions or expenditures on behalf of any candidate. Subd. 4. TERMINATION REPORTS. No political committee or po�.itical fund shal�. dissolve until it has settled a11 of its debts and disposed �f all its assets in excess of $100 and filed a termination report. The termination report may be made at any time and shall include all information required in periodic reports. SECTION 9. [AMOUNTS OF CODITRIBUTIONS.] No person shall make contributions to any candidate with respect to any election, whether primary or genezal , foz a city office which, in the aggregate, exceed the following limitations : (a) $1 ,000 per annum in the case of a candiate for mayor; and (b) $750 per annum in the case of a candidate for any pther city office. SECTION 10. [EXPENDITURES BY INDIVIDUALS.] Subdivision l. REPORT5. Except as provided in subdivision 2, any individual who makes expenditures in an aggregate amount of $100 or more in any year, which expenditues are not required to be reported by any political committee or fund as contributions to that political committee or fund , shall file campaign reports in the form required by section 8 with zespect to those expenditures. 7 •t , ., , . �'��/= �>��� � Subd . 2. EXCEPTION ; IHDEPENDENT EXPENDITURES. An individua� shall not be required to xeport any expenditure which is made without the cooperation or expxess or implied consent of any candidate, political committee or agent of a candidate or political com mittee, unless the expenditure expressly advocates the election or defeat of a clearly identified candidate or the approval or rejection of a clearly identifid county or city ballot question at any election. SECTIODI 11. [ADDITIONAL INFORMATION TO BE DISCLOSED.] Subdivision 1. EARMARKED CONTRIBUTIOrTS. Any individual , political committee or political fund that receives a contribution from any person or association in an aggregate in excess of $50 with the express or implied condition that the contribution or any part of it be directed to a particular candidate shall disclose t� the ultimate recipient and in any report required by section 8 , the original source of the contribution, the fact that it was earmarked and the candidate to whom it is directed. The ultimate recipient of any earmarked contxibution shall also disclose the original source and the individual, political committee or political fund through which it was directed . Any individual , political committee or political fund that kno wingly accepts earmarked funds and fails to make the disclosure required by this subdivision is guilty of a misdemeanor which shall be prosecuted by the Ramsey County Attorney. Subd. 2. BILLS WHEN RENDERED AND PAID. Every person who has a bill, charge or claim against any political committee or political fund for any expenditure shall render in writing to the treasurer of the committee or fund the bill , charge or claim within 60 days after the materia�. or service is provided. Failure to present the bill, charge or claim as required by this subdivision is a petty misdemeanor which shall be prosecuted by the City Attorney. SECTION 12. [CIRCUI�VENTION PROHIBITED.] Any pexson who attem pts to circumvent disclosure of the source or amount of contributions or expenditures by redirecting funds through or contributing funds on behalf of another person is guilty of a misdemeanor which shall be prosecuted by the City Attorney. SECTION 13. [ECONOMIC REPRISALS PROHIBITED.] No individual or association sha�.l engage in economic reprisals or threaten loss of employment or physical coercion against any individual or association because of the political contributions or political activity of that individual or association. This subdivision does not apply to c�m pensation for employment or loss of employment when the political affiliation or viewpoint qf the employee is a bona fide occupational qualification of the 8 � ' � `� ' {1� ���L�f�/L C,. employment. Any individual or association that vi�lates this subdivision is guilty of a misdemeanor . SECTION 14 . [ REPORT REQUIREMENTS. ] Subdivision 1. CERTIFICATION. A report required by sections 6 to 12 sha11 be � signed and certified as true by the individual required to file the report. Any individual who signs and certifies to be true a report or statement which he kno ws contains false information or who knowingly omits xequired information is guilty of a gross misdemeanor which shall be prosecuted by the Ramsey County AttQrney. Subd. 2. The filing officer shall retain the reports and make them available for public inspection for a period of five years after the date of receipt by the filing officex . Subd. 3. CHANGES AND CORRECTIONS. Any mate�ial changes in information previously submitted and any corrections to a report or statement shall be reported in wziting to the filing officer within ten days following the date of the event prom pting the change or the date upon which the individual filing became aware of the inaccuracy. The change or correction shall identify the form and the paragraph containing the information to be changed or corrected. Any individual who wilfully fails to report a material change or correction is guilty of a misdemeanor which shall be prosecuted by the Ramsey County AttQrney. Subd. 4. RECORD KEEPING. Each individual required t4 file any rep�rt or to keep any account pursuant t� sections 6 to 12 shall maintain and preserve for four years the records, including any vouchers, cancelled checks, bills, invoices, worksheets and receipts, that wiYl provide in sufficient detail the necessary information from which the acc4unts and the fiZed rep�rts and statements may be verified, explained, clarified and checked for accuracy and com pleteness. Subd. 5. PENALTIES. The filing officer shall notify by certified mail or personal service any individual who faiZs to file a report required by sections h to 12. Except for any cam paign report of a principal cam paiqn committee due before an election, if an individual fails to file any statement or report within seven days after receiving a notice, the filing officer may impose a late filing fee of $5 per day, not to exceed $100 , commencing on the eighth day after receiving notice. If a treasurer of a principal campaign committee fails to file a campaign report due before an election within three days of the date due, regardless of whether the treasurer has received any notice, the filing officer may impose a late filing fee of $50 per day, not to exceed $500 , commencinq on the fourth day after the date the statement was due. The filing Officer shall further 9 :. � . � , �� �r y��--���i notify by certified mail or personal service any individual who fails to file any statement or report within 21 days after receiving a first notice that the individual may be subject to a criminal penalty for failure to file the statement or report. An individual who knowingly fails to file the statement or report within seven days after receiving a second notice from the filing officer is guilty of a misdemeanor which shall be prosecuted by the Ramsey County Attorney. A filing officer who violates any provision of this subdivision is guilty of a misdemeanor which shall be prosecuted by the Ramsey County Attorney. Subd. 6. RECOVERY OF LATE FILI�tG FEES. A filing officer may bring an action in Ramsey County Municipal Court to recover any late filing fee imposed pursuant to Subd. 5. All money I recovered shall be deposited in the general fund of the city of Saint Paul . 5ubd. 7. REPORTS OF VIOLATIONS. If any individual fails to file the required repozt within seven days after a second notice as provided in Subd. 5 , the filing officer shal�. inform the Ram sey County Attorney that a second notice was sent and that the individual failed to file the required report. SECTION 15. [ ETHICAL PRACTICES BOARD; CREATION, DUTIES, FILING OFFICER.] Subdivision l. There is hereby created a City of Saint Paul Ethical Practices Board. The Board shall consist of five (5) members appointed by the mayor with the consent of the city council in the manner set forth in City of Saint Paul Administrative Code , Chapter A-14. Initially, two (2) members shall be appointed for a term of three years, two (2) members shall be appointed for a term of two years, and one (1) member shall be appointed for a term of one year. Thereafter, the terms of board members shall be for three years and unti3: their successors are appointed. Subd. 2. The bQard shall elect fr�m among its members a chai� , vice-chair and secretary. The secretary shall keep a record of all proceedings and actions by the board. Meetings of the board sha11 be at the ca11 of the chair or at the call of any three (3) members of the board acting together . Subd. 3. The concurring vote of three (3) members of the board shall be required to decide any mattex before the board. Subd . 4. The board shall : (a) Develop forms for all reports required to be filed under sections 6 tp 12 and furnish the forms to the filing officer for the city of Saint Paul; 10 . � � . . � � � � �� C����a�� (b) Issue and publish advisory opinions concerning the requirements of sections 1 to la upon application in writing by the filing officer or any individual or association who wishes to use the opinion to guide his or its own conduct; and (c) Exempt any individual or association required to disclose informatiQn under sections 6 to 10 from any requizement of those sections if disclosure would exp�se any or all of them to economic reprisal, l�ss of employment or threat of physical coercion. An association may seek an exem ption for all of its members or contributors only if it proves a reasonab�.e probability that a substantial number of its members and contributors w4uld suffez a restrictive effect on their freedom of association if inembers wexe required to seek exemptions individually. Subd. 5. Members of the board may be eligible for per diems and may be reimbursed for a11 expenses directly attributable to attendance at board meetings, as determined by the city cQUncil. Subd. 6. An officer who receives affidavits or applications of candidacy or nominating petitions shall mail or deliver a copy of each form required to be filed by a candidate to each candidate who files an affidavit, application or petition with that officer or for whom a write-in vote is cast on the ballot. Any officer who fails to carry out the duties imposed by this subdivision is guilty of a misdemeanor which shall be prosecuted by the Ramsey County AttQrney. SECTION 16. [ LOCAL ORDINANCES AND CHARTERS SUPERSEDED.] Sections 1 to 16 supersede the provisions of any ordinance or resolution of the city of Saint Paul or any existing special law or home rule charter provision requiring disclosure of infQrmation relating to the financing of electi4n campaigns. SECTION �7. [APPLICATION.] Sections 1 to 17 apply to the city of Saint Paul . SECTION 18 . [EFFECTIVE DATE. ] 11 . .. � : � / �-�'��(/ CITY OF S.�INT PAUL r . . -'���e�;, OFFIC� OF THE CITY COIINCZL � •,i......a... '.��'�.��.' . 0 O t 2 : February 4, 1985 C4MM (TT' � E RE PORT TQ = SQ�nt Pau I Cit�r Councit FRO � � COI"(lj'�irtQ� Oj� LEGISLATION C H A i R� JOHN DREW a A G E N D A 1 . Approval or minutes from meeting held January 21 , 1985. Approved. 2. City of Saint Paul 's position on proposed economic conversion legislation establishing an Office of Economic Adjustment within the Minnesota De- partment oT Energy and Economic Development. Cammittee recomffiends approval�. 3. SpeciaT legislation to clarify the powers of the Minneapolis/Saint Pau1 Housing Finance Board. Committee recom�uends approval. 4. Discussion of need for state legislation clarifying the procedures for background information checks on potentiaT fire fighters. Committee -recoamends approval �5. Spectal Legislation - Campaign Fin�ncing. Committee re�ounaenc� approva�. Prp,pgsed� bill and supporting Resolution are attached. 6. An ordinance repealing Chapter 28 of the Saint Paul Legislative Code pertaining to elections and campaign contributions. Ordinance withdrawn�: All of the agenda items came directly to committee -- none were referred from Council. CiTY HALL SEVENTN FLOOR SAINT PAUL, bi1NNESOTA 55102 ,+r�„