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85-910 WHITE - CITV CLERK � PINK - FINANCE GITY OF S.AI PAITL Council GANARV =DEPART,MENT -L7 c�qy 9LUE -MAVOR � Flle NO. � �v _ / /� . . : 0/ CP, Ordina N�. :r Presented By ����'�-� � N�^---- � Referred To Committee: Date Out of Committee By Date An ordin.ance pertaining to campaign contributions; amending the St. Paul Legislative Code, Sections 28.01, 28.03 and 28.05. THE COUNCIL OF THE CI'I'Y OF SAINT PAUL DOES ORDAIN: Section l. That Section 28.01, Subdivision 8 , of the St. Paul Legislative Code, is amended to read as follows : /$'ubd. 8_7' "Person" means an individu;al, partnership, committee; association, corporation, labor organiza- tion and any other organization or group of persons including a committee organiz�ed for political purposes which is not i�cluded in the definition of "political committee" or "political fund." , Section 2. That Section 28.01 of the St. Paul Legislative Code is further amended by adding a subdivision to read as follows : �'ubd. 12_? "Political fund" means an accumulation of dues or vo untar contri utions an association ot er t an a po itica committee, w ic accumu ation is co ecte or ex en e or t e ur ose o in uencin e nomina ion or e ection o a cari i ate or or t e purpose o promo in� or e eatin� a a ot question. Section 3. That Section 28 .03 of the St. Paul Legislative Code, as amended, is further amended to read as follows : COUNCILMEN Requested by Department of: Yeas Nays Fletcher o.eW . In Favor Masanz Nicosia B Scheibel A gai ns t Y TedesCo Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY �'��— �' G � a y�� By Approved by Mayor: Date Approved by Mayor for Submission to Council By By ' �. . � � � � � �. � � ��,5 - 9�a i�,�s� Page 2. /�8 .03_T /'FOLITICAL COMMITTEES AND POLITICAL FUNDS_7 /Subdivision 1_7 �RGANIZATION; FUNDS�7 (1) Every political committee and eve olitical fund shall have a chairman anc a reasurer, w10 may be the same person. (2) No contribution shall be accepted and no ex- penditure shall be made by or on behalf of a political committee or olitical fund at a time when there is a vacancy in e office of treasurer. (3) The treasurer of a political committee or political fund sha.11 not designate more than w�o 'crepos i'�ories . (4) No funds of a political committee or political fund shall be commingled with any persona unds o��the officers , members or associates of the committee or fund. � (5) All monetary contributi.ons received by or on behalf of any candidate or political committee or�olitical fund shall, within 14 days after the recei� "�Fi-ereo� be deposited in a depository account designated, "Campaign Fund of . . . . . . . . . (name of committee or fund) ." /�ubd. 2_]� /1�ECORD KEEPING_7 (1) It shall be the duty of the treasurer of every political committee and every �olitical fund to keep a detailed an�c accura�e accoun�all identification data, as herein defined, with respect to both contributions received and expenditures made by such political committee or ,political fund. (2) The accounts required to be kept under this section shall be current within 14 days after receiving a contribution or making an expenditure. (3) The trea�urer shall preserve all records and accounts required to be kept by this section • for four years; provided, however, that in the event that the political committee or political . . . . .: . �. � ��- 9�a � � �7a�� Page :3. fund represents a candidate or party or ballot uestion wIi ch permanently terminates activity wit in two years , then said records and accounts shall be kept for two years. (4) Each person required to file any report or state- ment as required by this chapter shall ma.intain records on the matters required to be reported, including vouchers , canceled checks , bills , in- voices , worksheets , and receipts , which will pro- vide in sufficient. detail the necessary informa- tion from which the filed reports and stateme�nts may be verified, explained, clarified and checked for accuracy and completeness , and shall keep the records available for audit, inspection, or exami- na.tion by the city attorney or an autho�ized rep- resentative for four years from the date of f iling of the reports or statements or of changes or cor- rections thereto. /�'ubd. 3.7' /1�EGISTRATION.7' (1) The treasurer of -e- �ever� political committee and ever olitical fun�s -�ia.�ll register with the ci y cler y iling a statement of organization no later than 14 days after the date upon which the political committee or political fund receives contributions of $50 or more or mafes expenditures of $100. or more. (2) The statement of .organization shall include: (a) the name and address of the palitical com- mittee or political fund; (b) the geographic area in which it will operate and the �urpos� of the political committee or political fund; (c) th� name, address �.nd position of the custodian of books and accounts ; (d) the na.rne and address of the chairman, the treasurer, and any other principal officers; (e) the name, address , office sought, and party affiliation, if any, of each candidate whom the political committee or olitical fund is supporting, or, ,if the committee or fund is supporting the entire ticket of any party, the name of the party; if organized for the ur ose of romotin or defeatin a ballot question, t at s e state ; �. . � � �. . . ��'�- 9/0 � i�a:s� Page 4. (f) a statement as to whether the op litical committee or political fund is a con�'inuing one; (g) a listing of all depositories or safety deposit boxes used. (3) Any change in information required in paragraph (2) above shall be forwarded to the city cl�rk by -the chairman or trcasurer of the political committee or political fund within ten days of the change. �ubd. 4_7 �AMPAIGN REPORTS_7 (1) Every treasurer of a political committee or political fund shall f ile with the .city clerk the reports requir�d by this section in any year it xeceives contributions of $SO or more or makes expenditures of $100 or more. (2) Every person who makes expenditures , other than by contribi�tion -to a political committee or olitical fund, in an aggregate amount of�100 or morc wi in a year shall file with the city clerk a statement containing the information required of a political committee or olitical fund. Statements required by this subparagraph 2) shall be fil�d on the dates on which reports by political committees are filed. (3) Campaign reports required by thi-s section shall be filed with the city clerk as follows : (a) ten days before the city primary; (b) ten days before the city general; (c) on January 31 of eaeh year the �olitical committee or political fund is in existence. (d) All � reports f ile�i under (a) through (c) shall co�rer all contrib�.��ians received a.nd �xpenditures made as of seven days prior_.to the r-porting date. (e) Any contribution in excess of $200 made within 17 days of the Frimary or general � - - � � � �� � � �- ���3-9i a . . . ���� 7 Page 5. election shall be reported to the city elerk within 48 hours of the contribution. (4) Each report under this subdivision sha.11 disclose: (a) the amount of liquid assets on hand at the beginning of the reporting period; (b) all identification data with respect to both contributions and expenditures ; (c) the. name and address of each political com- mittee or__po�liti�cal fund or candidate from which tfie re—po ing committee or fund receives , or to which that committee or u�nd—made, any transfer of funds , toget i�er with the amounts and dates of all transfers ; (d) the listing of narnes in alphabetical order; (e) all information for the period from either the initial contribution and expenditure or the latest report to seven days prior to the due date of the report. (5) Requirements respecting reports and statements . (�) The reports or statements required by this chapter shall be signed and certif ied as true by the person required to file the report or statement. (b) Each contribution in kind shall be valued at fair market value and reported on the appropriate schedule of receipts , identified as to its nature and listed as "contribution in kind." The total a.mount of goods and services contributed in kind shall be deemed to have been consumed in the reporting period in which received. Each contribution in kind shall be declared as an expenditure at the same fair market value and reported on the appropriate expenditure sched.ule, identif ied as "contribution in kind." (c) Any material cha.nges in information previously submitted and any corrections to a report shall be reported in writing to the city � - � � � - � � �� � ��s-q�o � � � i�as� Page 6. clerk within 14 days following the date of the event prompting the change or the date upon which the person filing became aware of the inaccuracy. The change or correction shall identify the form and the paragraph containing the information to be cha.nged or corrected. (6) Every person who receives a contribution for a political committee1 ,political fund, or candidate shall, within 14 days after receipt of the contribu- tion, inform the treasurer of the information re- quired to be kept by paragraph (S) . (7) Any anonymous contribution or contributions amount- ing to $5 or more shall not be retained by a poli- tical committee, political fund or candidate, but shall be turned over to t e�Tcerpartment of finance and management services for deposit into the general fund. (8) Exemptions. (a) The city council shall exempt any political committees �olitical fund, or political party or any of their members or contributors from the provisions of section 28 .03 , subdivision 4 if disclosure would expose any or all of them to economic reprisal, loss of employmenti or threat of physical coercion. A political committee_���olitical fund, or political party ma.y see an exemption for all of its members or contributors only if it proves a reasonable probability that a substantial number of its members or contrib- utors would suffer a restrictive effect on their freedom of association if inembers were required to seek exemptions individually. (b) The city council shall exem�t any individual from the provisions of section 28.03, subdi- vision 4 who, by written request, demonstrates a reasonable probability that disclosure would expose that individual to economic reprisals , loss of employmenti or threat of physical coercion. . '. . ' ' ' � � (,'r=!',� - 9/0 � � � i7��� Page 7. A written order of the State Ethical Practices Board exempting an -association or any of its members or contributors because of a determina- tion that a disclosure would expose any or all of them to economic reprisals , loss of employment or threat of physical coercion shall cons�itute prima facie evidence for exemption from the provisions of section 28.03, subdivision 4. The city council shall issue a written reso- lution to exempt any individual. (c) A political committee olitical fund or -e- political party or any of its mem ers or contributorsi sY�'iall have standing to seek an exemption. The city council shall estab- lish a procedure so that any individual seeking an exemption ma.y proceed anonymously if the individual would be exposed to the reprisals listed in subparagraph (b) were the individual 's identity revealed. (9) Within 30 days after the effective date of this chapter, all existing officeholders , candidates , a�.� olitical committees and olitical funds shal ile with the city clere, in t e manner prescribed by section 28.03, subdivision 3, a registration statement, including a statement of the amount of cash on hand. For the purposes of this pa.ragraph, "cash" shal l be def ined to inc-ltide deposits , marketable securities , and other cash equivalents. Section 4. That Section 28.05 of the St. Paul Legislative Code is amended to read as follows : �8.05_7 �ONTRIBUTION LIMITATIONS_7 No person shall make contributions to any candidate with respect to any election, whether primary or general, for a city office which, in the aggregate, exceed the following limitations : (1) $1 ,000 per annum in the case of a candidate for mayor, and WHITE - CITV CLERK 1 PINK - FINANCE COUIICII GAy.ARV��-DEPARTMENT GITY OF SAINT PAITL BLUE - MAVOR� File NO. �'� � �/� � • � Ordin�nce Ordinance N�. ��07.� �_ Presented By Referred To � Committee: Date Out of Committee By Date Page 8. (2) $750 per annum in the case of a candidate for any other city office. This limitation sha11 not apply to a candidate's con ri u ion o his own camp.ai�n or o expen -i ures on behalf of his own campai�n. Section 5. This ordinance is deemed a �t of the St. Paul Legislative Code and shall be incorporated therea�. and given an appropriate chapter and/or section number at the time of the next revision of said Legislative Code. Section 6. 'I'his ordinance. shall take effect and be in force 30 days after its passage, approval and publication. COUNCILMEN Requested by Department of: Yeas Nays ���Sonnen .�,.�� [n Favor Masanz Nicosia A ainst BY Scheibel g Tedesco �'"�°°" JUL 2 5 1985 Adopted by Council: Date Form Approved by City Attorney B �� �• �'y��,� �-.Z y-p 3_ Certified a Council etar Y By A r d by Mayor: D JUL 3 1 1985 Approved by Mayor for Submission to Council By ' PU$LISNED AU G 3 �985 , . . ,- . _ __ _ , �, _- _ lst } 7- 9` �,✓� F �2nd �' �� -�,5 3rd �-/���✓r Adopted �'o?,S -�.� � �, Yeas Nays ! U�;j �. DR��J � ���;' �_ �.5- q/D ` - � ��:: . - MASANZ /7.�.3�7 ' :�`j� NICOSIA � � �.�. S CHEIBEL - . ,� ;, ._ - SONNEN . WILSON t MR. 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