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HomeMy WebLinkAbout101 of 1977 - A resolution encouraging candidates for the 1977 City elections to voluntarily comply with financial Resolution No. 4 S 1 By Glen N. Greener ,l COMMISSIONER 1 Encouraging candidates for the 1977 I City elections to voluntarily comply i with financial disclosures covering ' campaign financing and expenditures. 1 1 i r APPASSED OCT2 6 1977 P01ewoo � are ReooRr 11111116. 1 R9LLCALL *VOTING Aye . Salt Lake City,Utah, October 26 ,19 77 Mr.Chairman Agraz . 1 move that the Resolution be adopted. G een Avt- `ogensen 4/11-111 Phillips '-�;lota RESOLL,TION Result WHEREAS, many concerned citizens have requested the City to adopt an ordinance concerning a full disclosure of campaign financing; and WHEREAS, several ordinance drafts have been submitted to the Commission, but are in need of further evaluation and study; and WHEREAS, all of the present City Commissioners are of the opinion that a State campaign disclosure statute should be implemented; however, many are of the opinion that it should be a matter of State- wide application and one approved and adopted by the State Legisla- ture who would have the authority and jurisdiction to impose meaningful sanctions for violations; and WHEREAS, virtually all of the candidates for election for the 1977 general City elections have expressed a willingness to voluntarily comply with the spirit and direction of the proposed ordinance, which will serve salutary purpose of giving the public advance notice before the election concerning campaign financing; NOW, THEREFORE, BE IT RESOLVED by the Board of Salt Lake City Commissioners that it does hereby express its support for a full and complete campaign financing disclosure statute and does approve and applaud voluntary compliance by the City candidates for office of such disclosure. BE IT FURTHER RESOLVED that the Board of Commissioners does hereby encourage and request the candidates for City elective office for 1977 to file a report with the Salt Lake City Recorder's office listing the amount of total contributions and expenditures for campaign purposes incurred to date, on or before Tuesday, October 25, 1977 at the hour of 5:00 p.m. Subsequent to October 25th each candidate is encouraged to refuse to receive cash contributions, either personally or through any political committee, which exceeds $50 and require all -2- contributions in excess of said sum to be made in the form of a per- sonal or certified check or bank draft. Also, the candidates are encouraged to refuse to accept any anonymous contributions and, if any are received, they shall note such contribution and deliver the same to the City Treasurer for deposit to the City general fund. In addition, on or before the 3rd of November, 1977 they shall file a verified financial statement under the requirements found in Section 25-24-6 and 7 of the proposed City ordinance, attached hereto as Exhibit "A"; however, said information need only be provided concern- ing contributions made on or subsequent to October 25, 1977. Passed by the Board of Commissioners of Salt Lake City, Utah, this 26th day of October, 1977. 4z.,,,.. ....._ r ..., Ah1 COMMI SION."&''''‘.- ER r COTS NER COMMISSIONER -3- (11) "Reporting period" means the period since the closing date of the last filed financial statement, if any, and the closing date of a financial statement to be filed. Sec. 25-24-2. Campaign committee required. A candidate shall appoint a personal campaign committee consisting of one or more persons; or such candidate alone may constitute such committee. No candidate shall appoint more than one personal campaign committee and no candidate shall authorize expenditures in furtherance of his candidacy except through his personal campaign committee. If the personal campaign committee consists of only one person, such person is deemed the secretary. If the candidate acts as personal campaign committee, the candidate is deemed the secretary. Sec. 25-24-3. Campaign committee registration with city recorder. Before a personal campaign committee makes any expenditure for political purposes or incurs any obligation, express or implied, to make an expenditure such candidate or committee shall file a written statement with the City Recorder signed by the candidate setting forth: (a) That the personal campaign committee is appointed or elected; and (b) The name and address of each member and of its secretary. Sec. 25-24-4. Changes in or withdrawal from a campaign committee. Any candidate may revoke the selection of any member of such candidate's personal campaign committee by a revocation in writing filed with the city recorder. Any individual may voluntarily withdraw from a personal campaign committee by filing a written notice with the city recorder. The date of withdrawal is the date the notice is received by the city recorder. Such candidate may fill any vacancy thus created in the manner in which an original committee resigns or is removed, the candidate shall be deemed the secretary until a replacement is appointed. Sec. 25-24-5. Contributions to candidates. Limitations. (1) No person shall make cash contributions during any one reporting period as set forth herein, to any candidate or his authorized personal campaign committee, or to any political committee with respect to any election for city office which exceeds $50. However, notwithstanding the above, there shall be no limit as to the amount of contribution made by a person to a candidate, his personal campaign committee or any political committee if that contribution is made in the form of a personal or certified check or bank draft. (2) The making and acceptance of anonymous contributions are hereby prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the city recorder who shall note such contribution and deliver said contribution to the city treasurer for deposit in the general fund. Sec. 25-24-6. Financial statements. Filing dates. (1) Ex- cept as otherwise provided in subsections (3) and (4) of this section, each political committee and personal campaign committee shall file with the city recorder a verified financial statement containing the information required by section 25-24-7, et seq. on the following dates: (a) On the 5th and 20th days prior to any primary or general election; EXHIBIT "A" -4- (b) On the 5th and 20th days before any special election; (c) On the 30th day following any general election; (d) On the first day of May of every year; (e) Within 24 hours after the receipt of any contribution of $500 or more received from any one person after the closing date of a financial statement. In such instance, the committee shall file a verified supplemental report listing the name and address of the contributor. (2) The statement shall contain all expenditures and contri- butions within the reporting period. The closing date for each statement shall be three days prior to the date which the state- ment must be filed. Each financial statement shall contain: (a) A summary of contributions, expenditures, loans and debts reported in previously filed financial statements; (b) All contributions received, expenditures made, obliga- tions incurred but not paid during the reporting period ex- cept that contributions of $15 or less need not be itemized; (c) The name, address, occupation of each contributor contributing over $15; (d) The name and address of every person to whom disburse- ment was made and the purposes of the expenditure. Each statement shall be certified by the secretary of the candi- date's personal campaign committee certifying to the effect that all contributions and expenditures not heretofore reported have been reported and that there are no bills or obligations out- standing and unpaid except as set forth in the report. (3) A statement is not required to be filed by a personal campaign committee until it has received total contributions from any one person of $100 or more or has received total contri- butions of $500 or more, or has made total expenditures of $500 or more. (4) Other than the annual report required by subsection 25-24-6(1) (d) of this section, no committee is required to file the financial statement specified in subsection (1) of this section if it made no expenditures during the calendar year end- ing April 30. (5) Within thirty days after distribution of any surplus and/or the payment or compromise of all debts, a political committee or personal campaign committee shall file a termination report with the city recorder. The termination report shall state the name and address of any person who received surplus, the name and address of any person to whom any debt was paid or compromised and a certification by the secretary that the committee has permanently ceased operations. (6) The requirements of this chapter shall not be construed to abrogate the necessity of complying with any other reporting or disclosure required by law. Sec. 25-24-7. Statements on file with city recorder; avail- able for public inspection. (1) Forms for all statements required by this ordinance shall be prepared by the city recorder and copies thereof, together with a copy of this ordinance shall li -5- be furnished by the city recorder to the secretary of every committee, to every candidate and to all others who make a request. (2) All statements requried by this ordinance shall be open to public inspection and copying at the office of the city recorder duing normal business hours and all such statements be preserved by the city recorder for a period of five years from January 1 of the year following the election for which they are filed. (3) The city recorder shall inspect all financial statements within fifteen days after the same are filed and if it appears that any political committee or person has failed to file a statement as required by law or if it appears that the statement does not conform to law or upon complaint in writing by a candi- date or by a voter that a statement filed does not conform to law, the city recorder shall notify the delinquent political committee or person, in writing, requesting complaince with this act. Sec. 25-24-8. Failure to file statements. (1) Upon the failure of any political committee or person to file a statement within five days after receiving notice under section 25-24-7(3) or if in the exercise of reasonable discretion of the city recorder, questions the accuracy of completeness of such statement, the city recorder shall request an examination of all books and records of such committee or person. Such books and records shall be produced for inspection within two days after request for examina- tion is received. (2) If a political committee or person fails to file a statement within five days after receiving notice under section 25-24-7(3) or if any statement filed discloses a violation of this ordinance, the city recorder shall notify the city attorney and shall furnish him copies of all papers in his possession relating thereto and the city attorney, on such complaint or the complaint of any other person, shall enter forthwith the same in a docket kept for that purpose in his office and within ten days thereafter shall examine every case. If the evidence is deemed sufficient by the city attorney, he shall institute such civil or criminal proceedings at the direction of the Commission as may be appropriate. Sec. 25-24-9. Responsibility for political communications required. Every advertisement or communication made for a political purpose which is broadcast or published by means of television, radio, newspaper, billboards, direct mailings, auto- matic telephone equipment, paid telephonists, leaflets, fliers, posters, bumper stickers, or other printed matter shall contain a disclosure of the name of the committee responsible for its broadcast or publication. Sec. 25-24-10. Disclosure requirements by candidate or committee in advertising media. Every candidate and member of a political committee who has a direct or indirect financial interest in a newspaper, periodical or radio or television broad- cast company which has an audience in this city shall file a verified declaration with the city recorder stating the name of the newspaper, periodical or radio or television company in which such person has an interest, the nature and extent of such inter- est, and the name of the person responsible for the management of such concerns before any advertisement or communication for a political purpose is printed, broadcast or otherwise disseminated by such paper, periodical or radio or television company before an election.