04-172Council File # � �1�
Ordinance #
Green Sheet # � � 2
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
15
Presented By
Refened To
Committee Date :
A legislative ordinance to amend Saint Paul Legislative Code Chapter 28, Campaign
Contributions, to facilitate a title change.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 28, Campaign Contributions, of the Saint Paul Legislative Code is hereby amended to
read as follows:
Sec. 28.03. Committees and political funds.
(a) Organization, funds:
{1) Every committee and every political fund shall have a chairperson and a treasurer,
who may be the same person. Every personal campaign committee shall also have
a secretary.
(2) No contribution shall be accepted and no expenditure shall be made by or on
behalf of a committee at a time when there is a vacancy in the office of treasurer.
(3) The treasurer of a committee or political fund shall not designate more than two
(2) depositories.
(4) No funds of a committee or political fund shall be commingied with any personal
funds of the officers, members or associates of the committee.
(5) All monetary contributions received by or on behalf of any candidate or
committee or political fund sha11, within fourteen (14) days after the receipt
thereof, be deposited in a depository account designated "Campaign Fund of
(name of committee or fund)."
(b) Record keeping:
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(1) It shall be the duty of the treasurer of every committee and every political fund to
keep a detailed and accurate accouni of all identification data, as herein defined, ��
��;ir�i,,<a ��';��
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with respect to both contributions received and expenditures made by such O� Z
committee.
4 (2} The accounts required to be kept under this section shall be cunent within
5 fourteen (14) days after receiving a contribution or making an expenditure.
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(c)
(3) The h shall preserve all records and accounts required to be kept by this
section for four (4) years; provided, however, that in the event that the committee
or political fund represents a candidate oz party which permanentiy terminates
activity within rivo (2) years, then said records and accounts shall be kept for two
(2) Years.
(4) Each individual required to file any report or statement as required by this chapter
shall maintain zecords on the matters required to be reported, including vouchers,
canceled checks, bills, invoices, worksheets and receipts, which will provide in
sufficient detail the necessary information from which the filed reports and
statements may be verified, explained, clarified and checked for accuracy and
completeness, and shall keep the records auailable for audit, inspection or
examination by the elections boazd for four (4) yeazs from the date of filing of the
reports or statements or of changes ar conections thereto.
Registration:
(1) The treasurer of every committee and every political fund shall register with the
city clerk by filing a statement of organization no later than fourteen (14) days
after the date upon which the committee or political fund receives contributions or
makes expenditures of one hundred dollars ($100.00) or more.
(2) The statement of organization shall include:
a.
b.
c.
d.
(3)
The name and adckess of the committee or political fund;
The geoa aphic azea in which it wili operate and the purpose of the
committee or political fund;
The name, address and position of the custodian of books and accounts;
The name and address of the chairperson, the treasurer and any other
principal officers;
e. The name, address, office sought and parry affiliation, if any, of each
candidate whom the committee or fund is supporting, or, if the committee
ar fund is supporting the entire ticket of any party, the name of the party;
f.
E3
A statement as to whether the committee or politicai fund is a continuing
one;
A listing of a11 depositories or safety deposit boxes used.
Any change in information required in subparagraph (3) above shall be forwarded
to the city clerk by the chairman or treasurer of the committee or politicaJ fund
within ten (10) days of the change.
(d) Campaign reports: �- t�Z
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(1) Every candidate, the secretary of every personal campaign committee and
treasurer of every committee oz political fund shall file with the city clerk the
reports required by this section in any year it receives contributions or makes
expenditures of one hundred dollars ($100.00) or more.
8 (2) Every candidate, the secretary of every personal campaign committee and the
9 treasurer of every cotnmittee and every political fund shall file a financial
10 statement as follows:
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a.
b.
c.
d.
Ten (10) days before the primary;
Ten (10) days before the regular or special elecrions;
On January 31 of each year the personal campaign committee or the
committee is in existence; and
Thiriy (30) days after the special or regular election.
The statements shall'be verified upon the oath of the party filing
and shall cover all transactions made up to and including the third day
before the filing of the statement and not accounted for and reported upon
in statements previously filed, except that no transactions shall be made
thereafter which aze not included in the final statement. The statements
required by this section shall disclose the same information required in
subsection (3). Each statement after the first shall contain a summary of all
preceding statements and suminariZe all items theretofore reported under
the provisions of this subdivision.
(3) Each report under this subdivision shall disclose:
a. Every sum of money and all properiy, and every other thing of value,
received by such candidate or committee or political fund during such
period from any source whatsoever which the candidate or committee uses
or has used, or is at liberty to use for political purposes, together with the
name and address of every person or source from which it was received
and the date when each was received, together with the total amount
received from all sources in any amount or manner;
b. Every promise or pledge of money, properiy or other thing of value
received by such candidate or committee ar political fund during such
period, the proceeds of which the candidate uses or has used, or is at
liberty to use for political purposes, together with the names of the persons
by whom each was promised or piedged, the special purposes for which
each was promised or pledged, and the date when each was so promised ar
pledged, together with the total amount promised or pledged from all
sources in any amounts or mauner;
c. Every disbursement by such candidate or committee or political fund for
political purposes made during such period, together with the name of
every person to whom the disbursement is made, the specific purpose for
which each was made, and the date when each was made, together with the � �
2 totai amount of disbursements made in any amounts or manner; and
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4 d. Every obligation, expressed or unplied, to make any disbursement incurred
5 by such candidate or committee or political fund for political purposes
6 during such period, together with the names of the person or persons to or
7 with whom each such obligation has been incurred, the specific purposes
8 for which each was made, and the date when each was incurred, together
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with the total amount of such obligarions made in any amounts or manner.
(4)
e. The reporting obligations of subpazagraphs a. and b. immediately above
shall not apply to money or any other thing of value under fii3y dollars
($50.00) in worth.
Requirements respecting reports and statements:
a. The reports or statements required by this chapter shall be signed and
certified as tnxe by the person required to file the report or statement.
b. Each contribution in kind shall be valued at fair mazket value and reported
on the appropriate schedule of receipts, identified as to its nature and listed
as"conh in kind." The total amount of goods and services
conh in kind shall be deemed to have been consumed in the
reporting period in which received. Each conh in kind shail be
declared as an expenditure at the same fair market value and reported on
the appropriate expenditure schedule, identified as "contribution in kind."
c. Any material changes in information previously submitted and any
corrections to a report shall be reported in wriring to the city clerk within
fourteen (14) days following the date of the event prompting the change or
the date upon which the person filing became awaze of the inaccuracy. The
change or correction shall identify the form and the paragraph containing
the informarion to be changed or corrected.
(5) Every individual who receives a contribution for a committee or political fund or
candidate shall, within fourteen (14) days after receipt of the contribution, inform
the treasurer of the information required to be kept by paragraph (4).
(6) No anonymous contribution or contributions shall be retained by a committee,
political fund or candidate, but shall be turned over to the
�rrenf office of financial services for deposit into the general fund.
(7) Exemptions:
a. The city's elections board shall exempt any committee, politicai fund or
political party, or any of their members or contributors, from the
provisions of subparagraph (4) if disclosure would expose any or all of
them to economic reprisal, loss of employment or threat of physical
coercion.
A committee, political fund or political party may seek an exemption far
all of its members or contributors only if it proves a reasonable probability
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that a substantial number of its members or contributors wouid suffer a �,' `� Z
restrictive effect on their freedom of association if inembers were required
to seek exemprions individually.
b. The city's elections boazd shall exempt any individual from the provisions
of subpazagraph (4) who, by written request, demonstrates a reasonabie
probability that disclosure would expose that individual to economic
reprisals, loss of employment or threat of physical coercion.
A written order of the state ethical practices boazd exempting an
association or any of its members or contributors because of a
detemiination that a disclosure would expose any or all of them to
economic reprisals, loss of employment or threat of physical coercion shall
constitute prima facie evidence for exemption from the provisions of
subparagraph (4).
The city's elections board shall issue a written resolution to exempt any
individual.
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c. A committee, political fund or a polatical party, or any of its members or
contributors, shall have standing to seek an exemption. The city's elections
board shall establish a procedure so that any individual seeking an
exemption may proceed anonymously if the individual would be exposed
to the reprisals listed in subparagraph b. above were the individual's
identity revealed.
Within thirty (30) days after the effective date of this chapter, all existing
officeholders, candidates and coxrunittees shall file with the city clerk, in the
manner prescribed by subparagraph (3), a registration statement, including a
statement of the amount of cash on hand. For the purposes of this subparagraph,
"cash" shali be defined to include deposits, marketable securities and other cash
equivalents.
{e) Ballot questions. Any individual, committee, political fund, association or corparation
that makes any contribution or expenditure to promote or defeat a ballot question shall
file reports as required by this pazagraph. Reports shall be filed at the times required for
filing financial statements under subsection (d)(2) of this section. Reports shall be filed
with the city clerk for placing the ques6on on the ballot. Each report shall show the
following information, covering the period from the last report to seven (7) days before
the filing date:
(1) The name and address of each committee, political fund, individual or other
person to whom aggregate contributions or expenditures in excess of one hundred
dollars ($100.00) have been made to promote or defeat a baliot question, together
with the amount, date and purpose of the contribution or expenditure;
�2)
(3)
The total amount of contributions and expenditures made to promote or defeat a
ballot question; and
Identification of the ballot question which the individual, committee, political
fund, association or corporation seeks to promote or defeat.
The city clerk shall prescribe the form for reports required under this section.
Section 2
That this ordinance revision shall take affect and be in force thirty (30) days after its passage,
approval and publication.
�-��z
For the purpose of this paragraph:
(i) "Ballot question" means a question or proposition which is piaced on the ballot
and which may be voted on by the voters; and
(ii) A contribution or expenditure for activities related to qualifying a question for
placement on the ballot is a contribution or expenditure to promote or defeat the
bailot quesrion.
Aequested by Department of:
BYc
Form ed by City Attos
I
By: �
Aopr�av d Mavor for Subm2
Adopted by CounciL- Da[e / �CGr�(�'1 �7. �U�
Adoption
BY= �
Approved
By: _
Council Secretai'y
. Date
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� Green Sheet Green Sheet Green Sheet Gree� Sheet Green Sheet G�een Sheet �
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Depar6nenUofficelcouncii: Date Inrtiabed: V `� � ��
{�{O �ayoYSOffice ,�,� Green Sheet NO; 3010322
Contact Person 8 Phone• ���eM SeM 7o Person Initial/Date
Reyne Rofuth � 0 a or's Otlice
266-8710 qu�9n 1 avor•s O[fice
Must Be on Council qqenda by (Date): Number 2 � ��
For
Routing
Order
Totai # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Clianges to Legislative Ordinance, Chagter 28.
Recommendations: Approve (A) or Rejec[ (R): Persona� Service Contracts Must Answer the Following Questions:
PWnning Commission 1. Has this persoNfirm ever worked under a contract for this departrnent?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfimi ever been a aty employ�?
Yes No
l 3. Does this personffirm possess a skiU not nortna4ly possessed by any
� current aty employee?
Yes No
EScplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Legislarive Oidinance Code changesto Chapter28. See attached.
AdvanWges If Approvetl:
See Above.
DisadvanWges If Approved:
None
Disadvantages If Not Approved:
C:l�anges not made.
Total Amount of
Transaction: � �ostlRevenue Budgeted:
�q'�J�.���'v'f`�':'"' ^^ f'�^b"
Funding Source: Activity Number.
Financiai Information: ; .fl�@� � �, �}�!?(�
(Explain) a � G �