HomeMy WebLinkAboutORD 09-24 TRANSFER CONTRIBUTIONS FROM CANDIDATE CONTROLLED COMMITTEESORDINANCE NO. 09-24
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 2.10.090
OF THE ORANGE MUNICIPAL CODE REMOVING
PROHIBITION ON TRANSFER OF
CONTRIBUTIONS FROM CANDIDATE
CONTROLLED COMMITTEES TO CITY
CANDIDATE COMMITTEES AND COMMITTEE
CONTROLLED BY CITY CANDIDATE OR ELECTED
OFFICER MAKING A CONTRIBUTION TO
ANOTHER COMMITTEE SUPPORTING OR
OPPOSING A CITY CANDIDATE FOR OFFICE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Section 2.10.090 of the Orange Municipal Code, "Contributions from Committees," is
hereby amended to read as follows:
2.10.090—Contributions from Committees.
A. Contributions Transferred from Committees. Contributions from candidate controlled
committees to a City Candidate Committee are permitted.
B. Contributions Transferred Between Controlled Committees by the Same City Candidate. If
a City Candidate has more than one controlled committee, any transfers into the City
Candidate's City Candidate Committee shall be governed by the following rules:
1. Transferred contributions shall be deemed contributed during the election cycle in
which they are transferred to the receiving City Candidate Committee.
2. Transferred contributions shall be attributed to each contributor on a last in-first out
LIFO)basis and shall be aggregated with any contributions made by such contributor
directly to the City Candidate Committee in the same election cycle and shall be subject
to the contribution limits of this chapter.Transferred contributions shall be itemized on
Schedule A of Form 460 or any successor form, and shall identify the transferor
committee for those contributions being transferred.
3. A one-time transfer shall be made at the time the City Candidate forms his/her
controlled committee. Subsequent contributions received by the transferor committee
on or after the date the City Candidate formed a committee to run for City office may
not be transferred to the transferee committee established for that City office.
C. No person or committee shall accept or make any contribution that is conditioned upon all
or part of the contribution being transferred to a City Candidate Committee or otherwise
violates Government Code Section 84301. Any contributions received in violation of this
subsection shall be paid by the City Candidate to the City's general fund within 60 days of
discovery of the violation.
SECTION II:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one(or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION III:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the
same to be published as required by law. This Ordinance shall take effect thirty(30) days from
and after the date of its final passage.
ADOPTED this 28th day of May, 2024.
aniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
j)..A. L ..... __,
Mike Vigliotta, City Attorney
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
14th day of May, 2024, and thereafter at the regular meeting of said City Council duly held on the
28th day of May, 2024 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Dumitru, Tavoularis, Bilodeau, Gyllenhammer
NOES: COUNCILMEMBERS: Slater, Barrios
ABSENT: COUNCILMEMBERS: Gutierrez
ABSTAIN: COUNCILMEMBERS: N
Pamela Coleman, City Clerk, City of Orange
I