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Ordinance No. 1209 200 ORDINANCE NO. 1209 AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA AMENDING SECTION 2-128 OF THE CYPRESS MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REPORTING AND APPROVING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act, except those who contributions and expenditures each total less than Two Thousand Dollars ($2,000) in a calendar year, to file such statements, reports, and other documents online or electronically with the City Clerk; and WHEREAS, on March 25, 2024, the City entered into an agreement with a vendor certified by the Secretary of State for campaign disclosure documents that meets the requirements set by Government Code Section 84615; and WHEREAS, the City Council approves the use of an electronic system, which includes that it will operate securely and effectively and will not unduly burden filers; it must be available free of charge to filers and the public for viewing filings; and it must include a procedure for filers to comply with the requirement that they sign statements and reports under the penalty of perjury. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: Section 1. Section 2-128 of the Cypress Municipal Code shall be amended in its entirety to read as follows: 2-128. Reports. (a) Required Use of Electronic Filing System. (1) Except as set forth in subsection (i) of this Section 2-128, any candidate, committee, or other person required to file specified statements, reports, forms or other documents detailing contributions, expenditures, independent expenditures or payments as required by Chapter 4 of Title 9 of the California Government Code (also known as the Political Reform Act), and that has received contributions or made expenditures of$2,000 or more in a calendar year, may electronically file such statements using the City's online system according to procedures established by the City Clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any candidate, committee, or other person, all future statements, reports, forms, and other documents filed on behalf of that candidate, committee, or other person must be filed electronically. (2) A candidate, committee, or other person may choose not to use the electronica filing system by filing all original statements, reports, forms, or other documents in paper format with the City Clerk, until such time as the City Council determines that electronic filing is mandatory for all filers. (b) Paper Filing Not Required After Electronic Filing. Any candidate, committee, or other person who has electronically filed a statement, report, form, or other document using the City's online system is not also required to file a copy of that document in a paper format with the City Clerk. (c) Report Form. Reports, statements, forms or other documents required shall be on the forms required by the Political Reform Act, and shall contain the following: (1) The name, street address, and telephone number of the person or committee making the contribution, expenditure, independent expenditure, or payment and of the committee's treasurer. 201 (2) If the report is related to a candidate, the full name of the candidate and the city office for which the candidate seeks nomination or election. (3) If the report is related to a city measure, the full name by which the city measure is designated or proposed to be designated. (4) The total amount of contributions received related to the candidate for city office or city measure during the period covered by the report. (5) The total amount of expenditures related to the candidate for city office or city measure during the period covered by the report. (6) The total amount of independent expenditures related to the candidate for city office or city measure during the period covered by the report. (7) The total amount of payments made related to the candidate for city office or city measure during the period covered by the report. (8) For each person for whom a contribution has been received, and/or from each person to whom an expenditure, independent expenditure, or payment has been made on behalf of a candidate for city office or city measure during the period covered by the report: a. His or her full name. b. His or her street address. c. If the person is a committee, the name of the committee, the number assigned to the committee by the Secretary of State, or if no number has been assigned, the full name and street address of the treasurer of the committee. d. The date of the contribution, expenditure, independent expenditure, and/or payment. e. The amount of the contribution, expenditure, independent expenditure, and/or payment. f. A brief description of the consideration for which each such expenditure or independent expenditure was made and the value of the consideration if less than the total amount of the same. g. The cumulative amount of expenditures, independent expenditures, and/or payments to such person over the period covered by the report. (d) Filing Schedule. Reports, statements, forms or other documents required shall be filed semi-annually and/or as required under the Political Reform Act. Reports, statements, forms or other documents detailing contributions and/or expenditures shall be filed for the semiannual periods covering January 1 through June 30 and July 1 through December 31 by the deadlines set by the Fair Political Practices Commission. A supplemental report shall also be filed for any candidate for city office or for any city measure after the closing date of the semiannual report period in which contribution(s), expenditure(s), independent expenditure(s) or payment(s) exceeds $500. Such supplemental report shall be filed with the City Clerk's office by the deadlines set by the Fair Political Practices Commission. (e) Filing Options When a Copy Must be Filed with City Clerk. In any instance in which an original statement, report, form or other document must be filed with the Secretary of State or other agency, a copy of that document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk, or may file in a paper format. 202 (f) Paper Filing When Cannot File Electronically. If, for technical reasons, the City's system is not capable of accepting a particular type of statement, report, form or other document, a candidate, committee, or other person shall timely file that document in paper format with the City Clerk. (g) Internet Posting of Data. The City Clerk shall ensure that the City's system makes all electronically-filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall be made available on the internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall also make a complete, unredacted copy of the statement, report, form or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers. (h) Records Retention. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record. (i) The reporting requirement contained herein shall apply only to candidates seeking election for city office, their controlled committees, committees formed or existing primarily to support or oppose the candidacy of a candidate for city office, to committees formed or existing primarily to support or oppose the qualification of, or passage of, a local ballot measure which is being voted on only in the city, and to city general purpose committees active only within the city. Section 2. Severability. That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable, and, if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. Section 4. Certification. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of June, 2024. r,// 1-7',.: >-,--,;- -' n/IAYOR OF THE C Y OF CYPRESS ATTES MIA VAA +0041 CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 24th day of June, 2024, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY LERK OF THE CITY OF CYPRESS