TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Alexandria Latragna, Communications and Civic Engagement Manager
SUBJECT:Title
Consideration of Adopting an Urgency Ordinance Adjusting the Campaign Contribution Limit to $250 (City Manager Moe).
ADOPT URGENCY ORDINANCE NO. 24-0002-U
Body
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RECOMMENDATION:
Staff recommends that the City Council adopt Urgency Ordinance No. 24-0002-U adjusting the campaign contribution limit to $250.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND/DISCUSSION:
In July 2020, the City Council adopted Ordinance No. 20-0006 which, among other things, increased the campaign contribution limit for a single election from $250 to $300. Previously, the limit had not been increased since 1996. As such, Ordinance No. 20-0006 amended Manhattan Beach Municipal Code (MBMC) Section 4.120.030 to read:
A. No person shall contribute a total of more than three hundred dollars to any candidate for elected office and to their controlled committee for a single election. No candidate for elected City Office and their controlled committee shall accept any contribution or contributions totaling more than three hundred dollars from any person for a single election. Nothing in this section is intended to limit the amount a candidate may contribute to his or her own campaign for elected City office from the candidate’s own personal funds.
On September 29, 2022, the Governor signed into law Senate Bill (SB) No. 1439 amending the Political Reform Act of 1974 and imposing on local elected officials new conflict of interest rules that had previously applied only to local appointed officials. This bill became effective January 2023. Government Code Section 84308 now requires local elected officials to:
1. Disclose any contributions over $250 received from parties or participants in a proceeding, or their agents, in the 12 months prior to rendering a decision in that proceeding;
2. Recuse themselves from the proceeding unless the prohibited amount of the contribution was properly disclosed and returned; and
3. Refrain from soliciting or accepting campaign contributions over $250 from parties, participants with financial interest, or their agents while a proceeding is pending and for 12 months following a final decision.
The City’s current campaign contribution limit is $300, above the state’s new $250 threshold for conflicts of interest. While it may be legally permissible for local candidates to accept a campaign contribution above $250 from certain sources, it may be difficult in the throes of an election to determine which contributor might be one that falls into the state’s revised conflict of interest restriction. In order to avoid potential inadvertent conflicts of interest and subsequent recusal requirements, staff recommends adjusting the MBMC campaign contribution limit to $250.
Manhattan Beach will hold an election for three City Council seats in November 2024. Due to term limits, Mayor Franklin is the only incumbent eligible to run. If adopted tonight, the urgency ordinance would be effective today and ensure that the contribution limit is consistent throughout the entirety of the campaign fundraising time period for local candidates in the November 2024 election.
LEGAL REVIEW:
The City Attorney has approved Urgency Ordinance No. 24-0002-U as to legal form.
ATTACHMENT:
1. Urgency Ordinance No. 24-0002-U