ORD 04-19 Campaign Reform Contributions from CommitteesORDINANCE NO. 4-19
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 2.10.090
OF THE ORANGE MUNICIPAL CODE RELATING
TO CONTRIBUTIONS FROM COMMITTEES.
WHEREAS, the City of Orange has adopted campaign reform laws, codified in Chapter
2.10 of the Orange Municipal Code ("Code"), which are intended to supplement the Political
Reform Act of 1974; and
WHEREAS, Section 2.10.090 of the Code regulates the transfer of campaign funds and
contributions to a campaign committee for a City office from another campaign committee; and
WHEREAS, this current Code section is unclear in some regards, and as such, is
cumbersome to comply with and difficult to enforce; and
WHEREAS, the proposed changes provide clarity to the transfer of campaign funds
among campaign committees.
NOW THEREFORE,the City Council of the City of Orange does ordain as follows:
SECTION I.
Orange Municipal Code Section 2.10.090 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 prohibited except as provided in Section
2.10.090.C.
B. No committee controlled by a City Candidate or Elective City Officer shall make any
contribution to any other committee supporting or opposing a City Candidate for office.
C. 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 sha11 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.
D. 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 sixty (60) days of
discovery of the violation.
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly
declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof
would have been prepared,proposed, approved and ratified irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City
Council meeting at which this Ordinance is to be adopted. A suimnary of this Ordinance shall also
be published once within fifteen(15)days after this Ordinance's passage in a newspaper of general
circulation,published,and circulated in the City of Orange. The City Clerk shall post in the Office
of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names
of those City Council members voting for and against the Ordinance in accordance with
Government Code Section 36933.
ADOPTED this 13th day of August 2019.
Mark A. Murphy, Mayor, C' y range
ATTEST:
Pamela Coleman, City Clerk, City of Orange
Ordinance No. 04-19 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
9th day of July 2019, and thereafter at the regular meeting of said City Council duly held on the
13th day of August 2019, was duly passed and adopted by the following vote, to wit:
AYES:COiJNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco
NOES:COUNCILMEMBERS: None
ABSENT: COLTNCILMEMBERS: None
ABSTAIN: COLTNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Ordinance No. 04-19 3