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HomeMy WebLinkAboutAmending Various Sections within Chapter 2 Fair Compaign PracticesORDINANCE No 6746 -80 Passed by the Common Council of the City of South Bend, Indiana. February 11, rq 80 Attest. -- Cit y Clerk ,t { IRENE K. GAMMON Attest: V \ ` ` V y' \ C. aC•v\ President of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana Approved and signed by February 12, �9 80 ,� /� "� City Clerk IRENE K. GAMMON d a ORDINANCE NO.� AN ORDINANCE AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 16, COMMONLY KNOWN AS THE FAIR COMPAIGN PRACTICES ACT, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT In 1974, the South Bend Common Council passed the Fair Compaign Practices Act. This law was enacted in the hope of "protecting the rights of the less affluent to run for City office" and to insure "the quality of the voting rights of each citizen by limiting the influence of large contributions on candidates." Two years later, in 1976, the Indiana State Legislature enacted a law specifically regulating "Political Contributions and Expenses ". Both of these laws require detailed reporting of contributions and expenses. Unfortunately, with the existence of both laws as pre- sently written, a situation of unnecessary "red tape" has resulted for all persons wishing to run for public office at the local level. Therefore, in the interest of clarifying these laws, simplifying the needed recording and accounting procedures, and in the interest of better serving the public interest, this bill is introduced. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 2, Article 16, Section 2 -198 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: SEC. 2 -198 Definitions. (a) Candidate means an individual who seeks nomination for election, or election, to city office, whether or not such individual is elected, and, for purposes of this article, an individual shall be deemed to seek nomination for elec- tion, or election, to city office, if he has: (1) Taken the action necessary under State or local laws to qualify himself for nomination for election, or election; or (2) Solicited or received contributions or made expenditures, or has given his consent for any other person to solicit or receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office; or (3) publicly announced or declared that he is a candidate. SECTION II. Chapter 2, Article 16, Section 2 -202 of the Municipal Code of the City of South Bend, Indiana; is amended as follows: SEC. 2 -202. Limitation on contributions and expenditures. (a) For any election no person, other than a candidate, shall make any contributions that will cause the total amount.contributed by such person in support of such candidate, including contributions to political committees supporting such candidate, to exceed: (1) Seven hundred and fifty dollars ($750.00) for the office of Mayor; (2) Two hundred fifty dollars ($250.00) for the office of Clerk; (3) Two hundred and fifty dollars ($250.00) for the office of Councilman (b) No candidate or political committee acting in further - ance of the nomination or election of said candidate shall expend any money that will cause the cumulative amount expended.on behalf of that candidate to exceed two (2) times the annual salary paid for the current calendar year for the City office which the candidate seeks. Said limitation shall apply separately to the primary and general election. SECTION III. Chapter 2', Article 16, Section 2 -203 of the Munici- pal Code of the City of South Bend, Indiana, is amended in its entirety as follows: SEC. 2 -203. Disclosure of Campaign Finances. (a) Every person,. upon becoming a candidate, or treasurer, of any political committee acting in behalf of a candidate, shall es- tablish an account out of which all expenditures shall be made and into which all contributions shall be placed. (b) The candidate, or treasurer of any political committee acting in behalf of a candidate, shall keep a- detailed account, current within not more than seven -kW) thirty (30) calendar days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate. (c) Said account shall be available for inspection by the Fair Campaign Practices Commission (d) Every candidate, or treasurer of any political committee act- ing in behalf of a candidate shall file all reports with the Eity 8leFk County Clerk's office. Filing reports required under Indiana State Law (I.C. 3 -4 -1 -1 through I.C. 3- 4 -7 -7) as it may be amended from time to time shall be considered compliance with this Article. f} 3-- AFet- �e�e- tl�ae- te�t�- f48�- da3�s- aed -set- Tess -tka�- thirty f38}- dais- befe�e- tke -d: ate -et- are- e�eetiee- ie- wh }eh -tl�e- seed } - date- e�- politieal- eeittee- is- }e�el�ed.;- &- state�eet -ei -all eeat�ibe:tiees- �eeei�ed.- aed. - aii- e�peed .ite�es- �ad.e- by- e�- e� -be- l�alt- ef- tl�e- ea�d: }d. ate- e�- politieal- eeittee- d�t�i�g- tl�e- pe�ied �egir�ni�g- as- ��e� }d.ed.- ie- se.bseetie�- �:�} -et- this- seetie� f � } - -�Fe t- x�e�e -tl�aa -tee- f lei- d.ays�- aid -met- Tess - thaw -f }sae- f a3 da�s�- be�e�e -tl�e- date - of -ae- sleet }ee- ie- wh }eh- tl�e- ��ed.idate -ems del} tieai- eeittee- is- i��ael�ed-- a- state�eet -el- aii- ee�t�ibe.- ties -�eee }wed- aed - aii- e�peed }t��es- �ad.e- by- e�- ee- behai� -et tl�e -eand }date- e�- �elitieal- eeittee -s }see- tl�e- ie�tietl� -d.a� bete�e -the- date- ef- tl�e- eleetiee; -aid f3 }-- Alet- �e�e- t1� &e- thi�t� -fie } - days- atte�- the - date - of -ae- eleetie�- }a- wl�ieh- tke -ea�d }date -ems -del }t }sal- eeittee - }s i��el� aed-- a- state�e�t -e�- all- eeet�ib�tie�s -�eee }aed.- aed -all e�pe�dit�t�es- x�ade- b�- e� -ee- behalf- et- tl�e -ea�d }date -ems- del }tieal ee }ttee- dtt��r�g- the - pew }ed - beg} �� }eg- as- p�e�ided- ie- s�tbseetiee f;e }- el- tl�ls- seetie�- aed- e�dl�g- e� -tl�e- teeth- d.a3�- after -the- eleetien. fed �l�e- peied- efeed- te- ie- e�tbseet }ee fd�- fly -et- this- Beetiee begins -: e�e�e��k- day -a��e� -the- dale -e�- the- p�eeeed��zg- p���a�y eleetiefi f�3 -- Few- any- etke�- e�ee��e� - -ee -the- dale- �ka�- a�- aeee��� e� -the- dale- �e��ew }hg- the- �e� }ed- }�e��ded. -tee- the -�as�- (e) All reports required under this Section shall be filed with the County Clerk at such times designated in the State Election Board's Information Manual. f� }-- S�teh- d�se�est��e- shall- }ee�e.de= f l3 - �4eee�te�- bala�ee f� }- �}r�e�te�- aid- p���ese -e�- all- agg�ega�e- e��eed.l��t�es . fg } -- Settee- aed.- a�ee.e� -e�- alb- eee��lb�.� }ems -le -the aggregate- e�- twe��y- �i�e- d.ellare- �$�a- AB }- e� -�e�e; �4 }-- Aeeette�s- payable- wl�h- }�e� }sed- �eee }��s; f� }-- be &�- balaeees -aed- settees -el- leaped- lads; fC}-- Amy- e�he�- ee���lbttt }en- e�- �altte- (f) All reports required under this section shall be on forms made available by the Office of the County Clerk and shall contain such items as required by State law. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, Indiana, approval by the Mayor, and legal publication. er of the Common Council Passed, as amended, February 11, 1980 CITY OF SOUTH BEND CITY OF SOUTH BEND COMMON COUNCIL January 23, 1980 JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District BEVERLIE J. BECK Third District LEWIS A. McGANN Fourth District ROBERT G. TAYLOR Fifth District WALTER T. KOPCZYNSKI Sixth District BEVERLY D. CRONE At Large RICHARD C. DOMBROWSKI At Large JOHN VOORDE At Large South Bend, Indiana 46601 The South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Dear Council Members: AREA 219 284 -9321 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 I am introducing the attached bill in the hope of eliminating much of the unnecessary duplication of reporting required under the State and local campaign contribution laws. The City ordinance was originally passed in 1974, two years prior to the state law. Basically my amendments are designed to do five (5) things: (1) allow local candidates to file with the City Clerk copies of the reports required under the State law; (2) require that all reports at the local level be filed at at the same time the reports are due under the State law; (3) increase the limit on contributions for the Mayor and Councilmen; (4) increase the amounts of spending for local offices to three times the annual salaries; and (5) clarify the wording in light of the State Law. I believe these amendments would strengthen our local law and are in the public's best interest. I seek your favorable support. 7cerely, Lewis A. McGann 4th District Councilman LAM /vld Tommutrr Airport (To the ffommou Touudl of thr TUR of Oouth 11rud: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 16, COMMONLY KNOWN AS THE FAIR CAMPAIGN PRACTICES ACT, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, as amended: Section II. In Sec. 2- 202(b) Delete: three (3) Substitute: two (2) Section III: In Sec. 2 -203 Delete: entire subsection (3) Substitute: (d) Every candidate, or treasurer of any political committee acting in behalf of a candidate shall file all reports with the County Clerk's office. Filing reports required under Indiana State Law (I.C. 3 -4 -1 -1 through I.C. 3- 4 -7 -7) as it may be amended from time to time shall be considered compliance with this article. Sec. 2 =203 (3) Delete: City Substitute: County Sec. 2 -203 (f) Delete: entire subsection Substitute: WALTER SZYMKOWIAK Chairman (f) All reports required under this section shall be on forms made available by the Office of the County Clerk and shall con- tain such items as required by state law. Sec. 2 -203 (g) Delete entire subsection (g) FRE[ PRESS PUBLISHING CO.