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HomeMy WebLinkAboutEstablishing Fair Campaign Practices within the City of South BendORDINANCE No. 5741 -74 Passed by the Common Council of the City of South Bend, OCTOBER 14 TRFNR K !_AMMnM 74 Presented by me to the Mayor of the City of South Bend, OCTOBER 15 Clerk of Common Council IRENE K. GAMMON Clerk CITY OF SOUTH BEND South Bend, Indiana 48807 Jerry J. Miller Mayor Members of South Bend Common Council City of South Bend South Bend, Indiana 46601 Dear Members of the Common Council: In the sincere hope of restoring a confidence in the integrity of the since there is a definite need for legislation in this area, I hereby Campaign Practices Act ". However, serious reservations. October 24, 1974 ad strengthening public Political process, and effective and comprehensive sign into law the "Fair I do so with several The City Attorney has recommended to veto this act due to the inclusion of Section VII, "Limitations on Contributions and Expenditures ". The City Attorney's office has consistently maintained that such a section is illegal due to the pre- emption doctrine. Since the Indiana Corrupt Practices Act has effectively legislated into this area, the City is there- fore without any power or authority to so legislate, Mr, David Kryder of the Attorney General's Office in the State of Indiana, who is the attorney to the State Election Board has agreed with the City Attorney's opinion that "Indiana State law pre -empts the City from enacting any legislation into the area of contribution and expenditure limitations ". Therefore, based on these legal opinions from the Attorney General's Office and our own City Attorney's office, I recommend that the Common Council amend the "Fair Campaign Practices Act" in the following particulars: (1) Delete Section VII "Limitations on Contributions and Expenditures" (pages 3 -4) and in substitution thereto add as Section VII, Section V "Personal Disclosure (page 3) of the Administration's Act submitted September 16. The inclusion of this section would require all candidates to file a complete report of assets, incomes, and liabilities with the FCPC within ten days after becoming a candidate. It would also require through Executive Order disclosure of the Mayor, Cabinet members, and all City officials and employees earning more than $16,500 annually. Through the inclusion of such a section, a procedure would be set up enabling the Public the right to view personal finances of all candidates under consideration. Such a section would definitely strengthen the entire act. (2) Amend Section VI "Fair Campaign Practices Commission" (Page 3) by deleting (a) and (b) and in substitution there- to including the following: (a) Establishment: It is hereby established a three - member comm ssion to be known as the Fair Campaign Practices Commission (FCPC). The members shall be appointed by the Judge of the Circuit Court of St. Joseph County and shall be selected on the basis of their maturity, experience, integrity, impartiality, and good Judgment. (b) Each member of the FCPC shall serve a term of three years. serve wit This commission, whose members shall hout pay, disclosure shall be a bipartisan overseer of all The administrativeiservices mOfithe Officebofe the fCityls. Clerk will be available to the commission and all files and reports of the FCPC shall be deposited and retained in the Clerk's Office Comment: of the present lan . Due to the ambiguity selected bipartisanuoverseer twhich cwould yactrin aeutrally clearinghouse and enforcement role, I highly recommend this amendment. (3) Add in their entirety the sections entitled "Promise of Appointments by Candidate ", "Promise of Employment or other Benefit for Political Activity", "Deprivation of Employment or other Benefit% "False Statements and Illegal Payments ", and "Penalty for Candidates "of the September 16th Act. In all patterned aft elusion of these five sections, er the newly enacted federal law, would effectively strengthen the act by putting additional checks and safeguards into the law. Each citizen of the City of South Bend is entitled to a fair and equitable electoral process. I believe that the "Fair Campaign Practices Act" is a step it is also my duty to assure all are enacted are just and legal. as members of the Common Council, have set forth in order to insure Of this reform measure. in this direction. However, citizens that the laws which I, therefore, call upon you to adopt the amendments I the quality and the legality A nce ly, Y k e . TQiller FILED IN CLERK'S OFFICE OCT 2 4 1974 Irene Gammon CITY CLERK, SOUTH BEND, IND. ORDINANCE NO. AN ORDINANCE ESTABLISHING FAIR CAMPAIGN PRACTICES WITHIN THE CITY OF SOUTH BEND. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. TITLE OF ACT Act". This Act shall be known as the "Fair Campaign Practices SECTION II. INTENT AND PURPOSES In order to give the citizens of our City reason to have faith in our electoral process by protecting the rights of the less affluent to run for City Office, and insuring the quality of the voting rights of each citizen by limiting the influence of large contributions on candidates, the Common Council believes that it is necessary to provide for effective electoral reform on the local level. The Council further believes that the provisions of this Act are not inconsistent with the laws of the State of Indiana, that the power of the Council to enact such a law is not expressly denied by State law and that this Act is in the best interests of the people of the City of South Bend. SECTION III. DEFINITIONS When used in this Act -- (a) "Candidate" means an individual who seeks nomina- tion for election, or election, to City Office, whether or not such individual is elected, and, for purposes of this act, an individual shall be deemed to seek nomination for election, 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) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office. (b) "City Office" means the office of Mayor, Councilman or Clerk of the City of South Bend, Indiana. (c) "Contribution" means -- (1) a gift, subscription, loan, advance, or deposit of money or anything of value (except a loan of money by any governmentally regulated financial institution in the ordinary course of business), made for the purpose of influencing the nomination for election, or election, of any person to City Office; (2) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for such purposes; (3) a transfer of funds between political committees; (4) the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or political committee without charge for any such purposes; and (5) notwithstanding the foregoing meanings of "Contribution ", the word shall not be construed to include services Provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee. (d) "Election" means -- election; (1) a general, special, primary, or run -off (2) a convention or caucus of a political party held to nominate a candidate. (e) "Expenditure" means -- (1) a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value (except a loan of money by a National or State Bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business), made for the purpose of influencing the nomination for election, or election, of any person to City Office; (2) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any expenditure; and (3) a transfer of funds between political committees; (4) notwithstanding the foregoing meanings of "Expenditure ", such term does not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication unless such facilities are owned or controlled by any political party, political committee, or candidate. (f) "Political Committee" means any individual or combination of two or more persons appointed by a candidate or candidates or any other person, or formed in any other manner, whose primary purpose is to assist or attempt to assist in any manner the promotion of the success or defeat of any candidate, political party, or whose primary purpose is to contribute money or things of value to be used by, on behalf of, or at the direction of any political party, party committee or any person holding or seeking a public office, pertaining to an election or intended to be used for an election or other political purpose. (g) "Person" and "Whoever" mean an individual, partner- ship, committee, association, corporation, or any other organization or group of persons. Indiana. (h) "City" means the City of South Bend, State of SECTION IV. INTIMIDATION OF VOTERS OR CITY EMPLOYEES Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other persons for the purposes of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for or to work for or on behalf of, or not to vote for or not to work for or on behalf of, any candidate for City Office, at any election held solely or in part for the purpose of nominating or electing any candidate to City Office, shall be fined not more than $1,000.00 or imprisoned not more than six months, or both. SECTION V. SOLICITATION OF POLITICAL CONTRIBUTIONS No employee of the City of South Bend or any department or agency thereof, shall directly or indirectly solicit, receive, or be in any manner concerned in soliciting or receiving any assessment, subscriptions, or contribution for any political purpose whatever, from any other such officer or employee. In no event shall any officer or employee of the City of South Bend or any department or agency thereof, intimidate or coerce, or attempt to intimidate or coerce -2- any other officer or employee of the City of South Bend or any department or agency thereof, for the purpose of obtaining a contri- bution from any employee, or the participation of any employee in a "one percent club" or any other similar club or political committee, or for the purpose of obtaining a contribution to an officeholder, candidate, or political committee. No contribution shall be solicited, directly or indirectly, as a condition of employment by the City. SECTION VI. FAIR CAMPAIGN PRACTICES COMMISSION (a) There is hereby established a Fair Campaign Practices Commission of four members who shall serve from April 1 of each city election year for one year or until they have completed all responsibilities assigned herein. (b) The members of the Fair Campaign Practices Commission shall be appointed by the Mayor subject to the approval of the Common Council. The Commission shall contain an equal representation of each political party which obtained at least 20% of the vote in the previous city general election. (c) The Commission shall follow the procedures of the County Election Board insofar as meetings, records, rules and regula- tions, and reports when applicable. (d) Nothing in this section shall prohibit the County Election Board from also serving as the Fair Campaign Practices Commission if agreed to by the Mayor, Common Council and the St. Joseph County Election Board. (e) The Commission shall: (1) receive and provide for public inspection of campaign finance statements required of candidates and political committees; (2) investigate charges of improper campaign practices, where formal complaints are filed; (3) inspect accounts, receipts, and other financial records of candidates and committees working on behalf of candidates; (4) provide evidence of all violations of this ordinance to the St. Joseph County Prosecutor or other law enforcement officer. SECTION VII. LIMITATION ON CONTRIBUTIONS AND EXPENDITURES (a) For any election, no person, other than a candidate, shall make any contribution that will cause the total amount contri- buted by such person in support of such candidate, including contri- butions to political committees supporting such candidate, to exceed: of Mayor; (1) Five Hundred Dollars ($500.00) for the office office of Clerk; (2) Two Hundred Fifty Dollars ($250.00) for the of Councilman. (3) One Hundred Dollars ($100.00) for the office (b) No candidate or political committee acting in furtherance 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 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. -3- (c) The limitations on contributions and expenditures shall apply to all fund - raising activities on behalf of any candidate. (d) No person shall make a contribution in the name of another person, and no person shall knowingly accept a contribution made by one person in the name of another person. (e) For purposes of this section, money contributed to or expended by any political committee acting in furtherance of the nomination or election of two or more candidates shall be attributed to such candidates on a reasonable basis taking into account the benefits received by each candidate from the committee. (f) For purposes of this section, money expended by any person or political committee acting in furtherance of the nomination or election of a candidate shall be attributed to the candidate as set forth herein unless the candidate files with the Fair Campaign Practices Commission a statement signed under perjury that neither he nor his political committee authorized or solicited the expenditure. (g) No candidate or political committee shall knowingly accept any contribution or authorize any expenditure in violation of the provisions of this section. SECTION VIII. DISCLOSURE OF CAMPAIGN FINANCES (a) Every person upon becoming a candidate, or treasurer of any political committee acting in behalf of a candidate, shall establish 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 days after the date of receiving a contribution or making an expenditure, of all contribu- tions 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 acting in behalf of a candidate, shall file with the City Clerk: (1) not more than forty days and not less than thirty days before the date of an election in which the candidate or political committee is involved, a statement of all contributions received and all expenditures made by or on behalf of the candidate or political committee during the period beginning as provided in subsection (e) of this section; (2) not more than ten days and not less than five days before the date of an election in which the candidate or political committee is involved, a statement of all contributions received and all expenditures made by or on behalf of the candidate or political committee since the fortieth day before the date of the election; and (3) not more than thirty days after the date of an election in which the candidate or political committee is involved, a statement of all contributions received and all expenditures made by or on behalf of the candidate or political committee during the period beginning as provided in subsection (e) of this section and ending on the 10th day after the election. (e) The period referred to in subsection (1) of this section begins: -4- (1) for a general or special election, on the 11th day after the date of the preceding primary election; (2) for any other election, on the date that an account was opened, or, for a continuing political committee, on the day following the period included in the last report filed. (f) Such disclosure shall include: (1) account balance; (2) amount and purpose of all aggregate expenditures of Twenty -Five Dollars ($25.00) or more; (3) source and amount of all contributions in the aggregate of Twenty -Five Dollars ($25.00) or more; (4) accounts payable with itemized receipts; (5) loan balances and sources of loaned funds; (6) any other contribution of value. (g) Each statement required by this section shall be signed and certified as true and correct by the candidate or political treasurer required to file it. SECTION IX. PENALTIES FOR VIOLATIONS Unless specified otherwise herein, any person who violates any of the provisions of this Act shall be fined not more than One Thousand Dollars ($1,000.00), or imprisoned not more than six (6) months, or both. SECTION X. PARTIAL INVALIDITY If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby. SECTION XI. EFFECTIVE DATE This ordinance shall be in full force and effect after passage by the Common Council, approval by the Mayor, and legal publication as required by law. A� MW Passed October 14, 1974, as amended. -5- Tomnantr Irpnrt 00 14C Tau mm (founril of tot Tug of t jw# jenD: Your Committee of the Whole to whom was referred AN ORDINANCE ESTABLISHING FAIR CAMPAIGN PRACTICES WITHIN THE CITY OF SOUTH BEND. Respectfully report that they have examined the matter and that in their opinion the Ordinance should be recommended favorably to the Common Council, as amended below: Section III (c)(1) to read: a gift, subscription, loan, advance, or deposit of money or anything of value (except a loan of money by any governmentally regulated financial institution in the ordinary course of business), made for the purpose of influencing the nomina- tion for election, or election, of any person to City office. Insert the following paragraph (4) in Section III (e): notwith- standing the foregoing meanings of "Expenditure ", such term does not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication unless such facilities are owned or controlled by any political party, political committee, or candidate. In Section V, delete the words "or person" in the fifth line; and the words "solicit" in the seventh and eighth line. Delete Section VI. Insert a new Section VI to read as follows: I... RREO! ......MINE CO.