HomeMy WebLinkAboutOrdinance 2626 - Amending Title 2 (Admin and Personnel) Chapter 2.90 adding sections 2.90.040, 2.90.05, 2.90.060 all relating to electronic and paperless filing of fair political practices commission disclosure statements ORDINANCE NO. 2626
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING TITLE 2 (ADMINISTRATION AND
PERSONNEL), CHAPTER 2.90 (CONFLICT OF INTEREST FOR
DESIGNATED POSITIONS OF THE CITY), BY ADDING SECTIONS
2.90.040 (ELECTRONIC FILING), 2.90.050 (PROCEDURES FOR
UTILIZING ELECTRONIC FILING) AND 2.90.060 (AVAILABILITY
OF STATEMENTS FOR PUBLIC REVIEW AND RECORD
RETENTION), ALL RELATING TO ELECTRONIC AND
PAPERLESS FILING OF FAIR POLITICAL PRACTICES
COMMISSION DISCLOSURE STATEMENTS
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS
FOLLOWS:
Section 1. Findings.
The City Council of the City of Redding finds and determines as follows:
A. Government Code Section 84615(a) provides that a legislative body of a local
government agency may adopt an ordinance that requires an elected officer,
candidate, or committee, required to file statements, reports, or other documents
required by Chapter 4 of the Political Reform Act to file such statements, reports, or
other documents online or electronically with the City Clerk;
B. Government Code Section 84615(b) further provides that, in any instance in which
an original statement is required to be filed with the Secretary of State and a copy of
that statement is required to be filed with the local government agency, the ordinance
may permit, but shall not require, that the copy be filed online or electronically;
C. The City Council expressly finds and determines that the City Clerk's web-based
system contains multiple safeguards to protect the integrity and security of the data, it
will operate securely and effectively, and it will not unduly burden filers; and
D. The City Clerk will operate the electronic filing system in compliance with the
requirements of California Government Code Section 84615 and any other applicable
laws.
Section 2. Title 2 (Administration and Personnel), Chapter 2.90 (Conflict of Interest
for Designated Positions of the City), Section 2.90.040 of the Redding Municipal Code is hereby
added to read as follows:
2.90.040—Electronic Filing.
A. Except as provided in Government Code Section 84615(a)-(b), as amended from
time to time, any elected officer, candidate, committee, or other person required to file
statements, reports, or other documents ("Statements") as required by Chapter 4 of
the Political Reform Act (Government Code Section 84100 et seq.) shall file such
Statements using the City Clerk's online system according to procedures established
by the City Clerk.
B. The procedures established by the City Clerk for the online system shall ensure that
the online system complies with the requirements set forth in Government Code
Section 84615.
C. The online filing system shall ensure the integrity of the data transmitted and shall
include safeguards against efforts to tamper with, manipulate, alter, or subvert the
data.
D. The online filing system shall only accept a filing in the standardized record format
that is developed by the California Secretary of State pursuant to Government Code
Section 84602(a)(2) and that is compatible with the Secretary of State's system for
receiving an online or electronic filing.
E. The online filing system shall include a procedure for filers to comply with the
requirement that they sign statements and reports under penalty of perjury pursuant
to Government Code Section 81004.
Section 3. Title 2 (Administration and Personnel), Chapter 2.90 (Conflict of Interest
for Designated Positions of the City), Section 2.90.050 of the Redding Municipal Code is hereby
added to read as follows:
2.90.050 - Procedures for Utilizing Electronic Filing.
A. Any elected officer, candidate, or committee who has electronically filed a statement,
report or other document ("Statement") using the City Clerk's online system is not
required to file a copy of that document in paper format with the City Clerk.
B. The City Clerk shall issue an electronic confirmation that notifies the filer that the
Statement was received, the notification shall include the date and the time that the
Statement was received and the method by which the filer may view and print the
data received by the City Clerk. The date of filing for a Statement filed online shall
be the day that it is received by the City Clerk.
C. If the City Clerk's system is not capable of accepting a Statement due to technical
difficulties, an elected officer, candidate, or committee shall file that Statement in
paper format with the City Clerk.
D. The online filing system shall enable electronic filers to complete and submit filings
free of charge.
Section 4. Title 2 (Administration and Personnel), Chapter 2.90 (Conflict of
Interest for Designated Positions of the City), Section 2.90.060 of the Redding
Municipal Code is hereby added to read as follows:
2.90.060 - Availability of Statements for Public Review and Record Retention.
A. The City Clerk's system shall make all the data filed available on the City's
webpage in an easily understood format that provides the greatest public access.
The data shall be made available free of charge and as soon as possible after
receipt. The data made available on the City's webpage shall not contain the
street name and building number of the persons or entity representatives listed on
the electronically filed forms or any bank account number required to be
disclosed by the filer. The City Clerk's Office shall make a complete, unredacted
copy of the statement, including any street names, building numbers, and bank
account numbers disclosed by the filer, available to any person upon request.
B. The City Clerk's Office shall maintain, for a period of at least ten (10) years
commencing from the date filed, a secured, official version of each online or
electronic statement which shall serve as the official version of that record for
purpose of audits and any other legal purpose.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council of the City of Redding hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional or invalid or ineffective.
Section 5. No Mandatory Duty of Care. This Ordinance is not intended to
and shall not be construed or given effect in a manner which imposes upon the City, or
any officer or employee thereof, a mandatory duty of care towards persons or property
within the City or outside of the City so as to provide a basis of civil liability for
damages, except as otherwise imposed by law.
Section 6. The passage of this ordinance is not a"project" according to the definition
in the California Environmental Quality Act, and therefore is not subject to the provisions
requiring environmental review.
Section 7. Effective Date. This ordinance shall take effect thirty (30) days after the
date of its adoption, and the City Clerk shall certify to the adoption thereof and cause publication
according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council of the City of Redding at a regular meeting on the 21st day of July, 2020, and was duly
read and adopted at a regular meeting on the 4th day of August, 2020, by the following vote:
AYES: COUNCIL MEMBERS: Dacquisto,Resner, Schreder,Winter,and McElwain
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ADAM McELVAIN, Mayor
ATTEST: FORM APPROVED:
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PAMELA MIZE, City Cleff BARRY E. eW T, City Attorney