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Ordinance No. 1023 - Amending Municipal Code Adding Chapter 1.14 to Title 1 Regarding Electronix and Paperless Filing of Fair Political Practices Commission Campaign Disclosure StatementsORDINANCE NO. 1023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING MUNICIPAL CODE ADDING CHAPTER 1.14 TO TITLE 1 REGARDING ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN 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 online or electronically with the City Clerk; and WHEREAS, the City has entered into an agreement with Netfile, a vendor approved by the California Secretary of State, to provide an online electronic filing system ("System") for Campaign disclosure statements; and WHEREAS, the System will operate securely and effectively and will not unduly burden filers. Specifically, (1) the System will ensure integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the date; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving online or electronic filings; and (3) the System will be available free of charge to the filers and to the public viewing filings; and WHEREAS, the City of Rosemead desires to amend the Rosemead Municipal Code to add a new chapter related to electronic filing of campaign statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment. Chapter 1.14, "Electronic filing of campaign disclosure statements," is hereby added to Title 1 [General provisions] of the Rosemead Municipal Code as follows: Chapter 1.14 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS 1.14.010. General A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents ("statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) may file such statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. From and after January 1, 2021, elected officers, candidates and committees required to file statements must file such statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615. B. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing. C. The online filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code. 1.14.020 Procedures for utilizing online filing. A. During the period commencing with the effective date of the ordinance codified in this chapter and ending January 1, 2025, an elected officer, candidate, appointee, committee or consultant may choose to utilize the electronic filing system by electronically filing a statement that is required to be filed with the City Clerk pursuant to Chapter 4 of the Political Reform Act. Once the elected officer, candidate, appointee, committee or consultant has filed electronically, all subsequent statements shall be filed electronically. From and after January 1, 2025, electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section 1.14.010. B. Any elected officer, candidate, appointee, committee or consultant who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk. C. The City Clerk shall issue an electronic confirmation that notifies the filer that the statement was received, which notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a statement filed online shall be the day that it is received by the City Clerk. D. If the City Clerk's system is not capable of accepting a statement due to technical difficulties, an elected officer, candidate, or committee shall file that statement in paper format with the City Clerk. 1.14.030 Availability of statements for public review—Record retention. A. The City Clerk's system shall make all data filed available on the city's web page in an easily understood format that provides the greatest public access. The data shall be made available free of charge as soon as possible after receipt. The data made available on the city's web page shall not contain the street name and building number 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 make a complete, unredacted copy of the statement, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request. B. The City Clerk's Office shall maintain, according to the city's retention schedule, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose. SECTION 2. California Environmental Quality Act. The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guideline Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. This Ordinance would not result in any development or changes to the physical environment. -SECTION 3. Severability. If any provision of this Ordinance or the application thereof fcr any person or circumstance is held invalid, the remainder of the Ordinance, including the application of. such phrase or provision to other persons or circumstances shall not be affected tlrereby and shall -continue in full force and effect. To this end, provisions of this Ordinance are soverable. TheCityCouncil hereby declares that it would have passed each section, subsection, 44vision; paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more. -sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 4. Publication and effective date. The City Clerk shall publish this ordinance as required by law. This Ordinance shall take effect and be enforced thirty (30) days after its adoption. PASSED, APPROVED AND ORDAINED this 12' day of November, 2024. APPRO ED AS TO RM: chel Richman, City Attorney Ak� Steven Ly, Mayor ATTEST: Ericka ITernandez, City Chic -_— ---- - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 1023 was introduced for first reading at the regular meeting of October 8, 2024. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the 12`h day of November, 2024, by the following vote: AYES: ARMENTA, CLARK, DANG, LY NOES: NONE ABSENT: LOW Ericka Hernandez, City Clerlk _ -'