HomeMy WebLinkAbout1993-012 Council OrdinancesCouncil Member Neal introduced the following
ordinance and moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 93 — 12
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY ADDING A CHAPTER
TO READ AS FOLLOWS:
CHAPTER NO. 216, CAMPAIGN CONTRIBUTIONS REPORT REQUIRED
The City Council of the City of Lino Lakes hereby ordains as
follows:
i.
Section 216.01 Definitions of Terms
1. A "candidate" means any individual for whom it is
contemplated or desired that votes may be cast at any
election, and who either tacitly or expressly consents to
be so considered. An individual shall be deemed to seek
nomination for election if he or she has taken the action
necessary to qualify himself or herself for nomination of
election, has received contributions or made expenditures
in excess of $25.00, or has given his or her implicit or
explicit consent for any other person to receive
contributions or make expenditures in excess of $25.00,
for the purpose of bringing about his or her nomination
or election.
2. A "committee" means any personal campaign committee or
political committee unless the intent is clearly shown to
be otherwise.
3. A "contribution" means a transfer of funds or a donation
in kind.
"Contribution" includes any loan or advance of credit to
a political committee, party committee or personal
campaign committee, which loan or advance credit is
forgiven or paid by an entity other than the political
committee, or personal campaign committee to which the
loan or advance of credit is made. If an advance of
credit or a loan is forgiven or paid as provided in this
definition, it is a contribution in the year in which
the loan or advance of credit is made.
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A contribution made for the purpose of defeating a
candidate is considered made for the purpose of
influencing the nomination or election of that candidate
or any opponent of that candidate.
"Contribution" does not include services provided without
compensation by an individual volunteering his time on
behalf of a candidate, ballot question, political
committee, personal campaign committee or the publishing
or broadcasting of news items or editorial comments by
the news media.
4. "Depository" means any bank, savings and loan association
or credit union organized under federal or state law and
transacting business within Minnesota.
5. "Disbursement" means every act by or through which any
money, property, office, or position or other thing of
value passes or is directly or indirectly conveyed,
given, promised, paid, expended, pledged, contributed or
lent, and also any money, property, office, or position
or other thing of value so given, provided, paid,
expended, promised, pledges, contributed or lent.
6. "Donation in kind" means anything of value other than
money or negotiable instruments given by an individual or
association to a political committee or personal campaign
committee for the purpose of influencing the nomination
or election of a candidate or for the purpose of
promoting or defeating a ballot question. "Donation in
kind" includes an approved expenditure.
7. "Election" means:
A. A general, special, primary or runoff election; or
B. A convention or caucus of a political party held to
nominate a candidate.
8. "Person" means an individual, partnership, committee,
association, corporation, labor organization and any
other organization or group of persons, including a
committee organized for political purposes, which is not
included in the definition of "political committee or
political fund."
9. "Personal campaign committee" means any committee
appointed by a candidate for any election.
10. "Political committee". Every two (2) or more persons
elected or appointed by a major political party or
association for the purpose, wholly or partly, of
raising, collecting or disbursing money, or directing the
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raising, collecting or disbursing thereof, for nomination
or election purposes, and every two (2) or more persons
who shall cooperate in the raising, collecting or
disbursing of money used, or to be used for or against
the election to public office of any person or any class
or number of persons, or for or against the adoption of
any law, ordinance, or Charter amendment, or to support,
oppose or influence any petition for initiative,
referendum or recall shall be deemed a "political
committee".
11. "Political fund" means any accumulation of dues or
voluntary contributions by an association other than a
political committee, which accumulation is collected or
expended for the purpose of influencing the nomination or
election of a candidate or for the purpose of promoting
or defeating a ballot question.
12. "Public office" means any elective office as set forth
under the Charter of the City of Lino Lakes but does not
include judges or other officials as are provided by
statute.
13. "Political party" means as association, committee or
organization which nominates and supports a candidate for
election to any public office whose name appears on the
election ballot as the candidate of such association,
committee or organization.
Section 216.02 Administration
Subdivision 1. City Clerk to Administer. The City Clerk
shall be in charge of administering and carrying out
the various provisions of this chapter.
Subd. 2 City Clerk; Powers and Duties. The City Clerk shall
have the following duties and powers:
(1) Prescribe, adopt and distribute the form
for registration forms, statements and reports
required to be filed which shall, whenever
possible, be identical to or consistent with
state forms.
(2) Receive and accept for filing in the City
Clerk's office the registration forms,
statements and reports required by this
chapter.
(3) Make the statements and reports filed with
the City Clerk available for public inspection
and copying. A reasonable fee for the cost
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of copying may be charged.
(4) Preserve all statements and reports for a
period of four (4) years from the date of
filing, or, in the event that the committee
represents a candidate or party which
permanently terminates activity within two (2)
years,then said records and accounts shall be
kept for two (2) years.
(5) Report findings of noncompliance to the
City Council acting as the elections board.
Section 216.03 Reporting Requirements of Individual Candidates,
Committees and Political Funds
Subdivision 1. Organization; Funds
(1) Every committee and political fund shall
have a chairperson and a treasurer, who may be
the same person.
Every candidate or personal campaign committee
shall have a secretary. Either the candidate
or the secretary may be designated as the
treasurer.
(2) No contribution shall be accepted and no
expenditure shall be made by or on behalf of a
committee at a time then there is a vacancy in
the office of treasurer.
(3) The treasurer of a committee or political
fund and the treasurer of a personal campaign
committee shall designate a separate depository
for depositing campaign contributions and
disbursing expenditures. No more than one (1)
depository shall be designated.
All monetary contributions received by or on
behalf of any candidate or committee or
political fund shall, within fourteen (14) days
after the receipt thereof, be deposited in a
depository account designated "Campaign Fund of
(name of committee, fund or
candidate)".
(4) No funds of a committee, political fund or
personal campaign shall be co -mingled with any
personal funds of the officers, members,
associates of the committee or candidate.
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(5) Candidates for City offices cannot accept
contributions from congressional, statewide, or
legislative campaigns and cannot transfer local
campaign funds to candidates for
constitutional, legislative, or judicial
office. (See State Statute 211A.13)
(6) The use of campaign funds shall be
restricted according to Section 10A.01, State
Statutes.
(7) Personal use of campaign funds is
prohibited according to Section 10A.01, State
Statutes.
(8) Non-profit corporations and partnerships
and for profit corporations campaign
contributions are restricted as outlined in
State Statute 211B.12.
Subd. 2 Record Keeping
(1) It shall be the duty of the treasurer of
every committee and every political fund to
keep a detailed and accurate account of all
identification data with respect to both
contributions received and expenditures made by
such committee.
(2) The accounts shall be current within
fourteen (14) days after receiving a
contribution or making an expenditure.
(3) The treasurer shall preserve all records
and accounts for four (4) years; provided,
however, that in the event that the committee
or political fund represents a candidate or
party which permanently terminates activity
within two (2) years, then said records and
accounts shall be kept for two (2) years.
(4) Each individual required to file any
report or statement as required by this chapter
shall maintain records'on the matters required
to be reported, including vouchers, canceled
checks, bills, invoices, worksheets.
Subd. 3 Registration
(1) The treasurer of every committee, every
political fund and personal campaign shall
register with the City Clerk by filing a
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statement of organization no later than
fourteen (14) days after the date upon which
the committee, political fund or personal
campaign receives contributions or makes
expenditures in excess of $25.00.
(2) The statement of organization shall
include:
(A) The name and address of the committee
or political fund or personal campaign;
(B) The purpose of the committee or
political fund or personal campaign;
(C) The name, address and position of the
custodian of books and accounts;
(D) The name and address of the
chairperson, the treasurer and any other
principal officers;
(E) The name, address, office sought and
party affiliation, if any, of each
candidate whom the committee, fund or
personal campaign is supporting, or, if
the committee or fund is supporting the
entire ticket of,any party, the name of
the party;
(3) Any change in information required in sub-
paragraph (2) above shall be forwarded to the
City Clerk by the chairman or treasurer of the
committee, political fund or personal campaign
within ten (10) days of the change.
Subd. 4 Campaign Reports
(1) Every candidate, the secretary of every
personal campaign committee and treasurer of
every committee or political fund shall file
with the City Clerk the reports required by
this section in any year it receives
contributions or makes expenditures in excess
of $25.00.
(2) Every candidate, the secretary of every
personal campaign committee and treasurer of
every committee or political fund shall file a
financial statement as follows:
(A) Ten (1) days before the regular or
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special election;
(B) On January 31 of each year the
personal campaign committee or the
committee is in existence; and
(C) Thirty (30) days after the special or
regular election.
The statements shall cover all transactions
made up to and including the third day before
the filing of the statement and not accounted
for and reported upon in statements previously
filed, except that no transactions shall be
made thereafter which are not included in the
final statement. Each statement after the
first shall contain a summary of all preceding
statements and summarize all items theretofore
reported under the provisions of this
subdivision.
(3) Each report under this subdivision shall
disclose:
(A) Every sum of money and all property,
and every other thing of value, received
by such candidate or committee or
political fund during such period from any
source whatsoever which the candidate or
committee uses or has used, or is at
liberty to use for political purposes,
together with the name and address of
every person or source from which it was
received and the date when each was
received, together with the total amount
received from all sources in any amount or
manner; except that names and addresses of
every person or source need not be
disclosed if the contribution is $25.00 or
less.
(B) Every promise or pledge of money,
property or other thing of value received
by the candidate or committee or political
fund during such period, the proceeds of
which the candidate uses or has used, or
is at liberty to use for political
purposes, together with the names of the
persons by whom each was promised or
pledged, and the date when each was so
promised or pledged, together with the
total amount promised or pledged from all
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sources in any amounts or manner; except
that the names and addresses of persons by
whom each was promised or pledged need not
be named if the promise or pledged is
valued less than $25.00.
(C) Every disbursement by such candidate
or committee or political fund for
political purposes made during such
period, together with the name of every
person to whom the disbursement is made,
the specific purpose for which each was
made, and the date when each was made,
together with the total amount of
disbursements made in any amounts or
manner; and
(D) Every obligation, expressed or
implied, to make any disbursement incurred
by such candidate or committee or
political fund for political purposes
during such period, together with the
names of the person or persons to or
with whom each such obligation has been
incurred, the specific purposes for which
each was made, and the date when each was
incurred, together with the total amount
of such obligations made in any amount or
manner.
(4) Requirements respecting reports and
statements:
(A) The reports or statements required by
this chapter shall be signed and certified
as true by the person required to file the
report or statement.
(B) Each contribution in kind shall be
valued at fair market value and reported
on the appropriate schedule of receipts,
identified as to its nature and listed as
"contributions in kind". The total amount
of goods and services contributed in kind
shall be deemed to have been consumed in
the reporting period in which received.
Each contribution in kind shall be
declared as an expenditure at the same
fair market value and reported on the
appropriate expenditure schedule,
identified as "contribution in kind".
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(C) Any material changes in information
previously submitted and any corrections
to a report shall be reported in writing
to the City Clerk within fourteen (14)
days following the date of the event
prompting the change or the date upon
which the person filing became aware
of the inaccuracy. The change or
correction shall identify the form and the
paragraph containing the information to be
changed or corrected.
(5) Every individual who received a
contribution for a committee or political fund
or candidate shall, within fourteen (14) days
after receipt of the contribution, inform the
treasurer of the information required to be
kept by paragraph (4).
(6) No anonymous contribution or contributions
shall be retained by a committee, political
fund or candidate, but shall be turned over to
the finance department for deposit into the
general fund.
(7)
Exemptions:
The City's elections board shall exempt
any committee, political fund or
political party, or any of their members
or contributors, from the provisions of
subparagraph (4) if disclosures would
expose any or all of them to economic
reprisal, loss of employment or threat of
physical coercion.
The City's elections board shall issue a
written resolution to exempt any
individual. The• City's election board
shall establish a procedure so that any
individual seeking an exemption may
proceed anonymously if the individual
would be exposed to reprisals if the
individual's identity were revealed.
Subd. 5 Ballot Questions
Any individual, committee, political fund, association or
corporation that makes any contribution or expenditure to
promote or defeat a ballot question shall file reports as
required by Subd. 4 Campaign Reports, paragraph (2) of
this section. Reports shall be filed with the City Clerk
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for placing the question on the ballot. Each report
shall show the following information, covering the period
from the last report to seven (7) days before the filing
date:
(A) The name and address of each committee, political
fund, individual or other person to whom aggregate
contributions or expenditures in excess of $25.00
have been made to promote or defeat a ballot
question, together with the amount, date and purpose
of the contribution or expenditure; except that
names and addresses need not be disclosed if the
contribution is $25.00 or less.
(B) The total amount of contributions and expenditures
made to promote or defeat a ballot question; and
(C) Identification of the ballot question which the
individual, committee, political fund, association
or corporation seeks to promote or defeat.
For the purpose of this section:
(i)
"Ballot question" means a question or proposition
which is placed on the ballot and which may be voted
on by the voters; and
(ii) A contribution or expenditure for activities related
to qualifying a question for placement on the ballot
is a contribution or expenditure to promote or
defeat the ballot question.
Section 216.04 Violations
Subdivision 1. Candidates. Any candidate, or secretary of a
personal campaign committee or treasurer of a
committee or political fund who receives, accepts,
benefits from or, expends any campaign contributions
which said candidate, secretary or treasurer knows
to have been contributed or expended in violation of
this chapter is guilty of a misdemeanor.
Subd. 2 Contributors. Any person or responsible officer of
an entity who makes a contribution in violation of
this chapter is guilty of a misdemeanor. For
purposes of this section, "responsible officer"
means that person having final decision-making
authority to make a contribution where the
contributor is some entity other than a person.
Subd. 3 Records and Reports. Any person who is required
by this chapter to make reports or keep records and
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who fails to do so is guilty of a misdemeanor.
Section 216.05 Contribution Limitations
No individual or committee or political fund shall make
contributions to any candidate or committee or political fund with
respect to any election for a city office which, in the aggregate
exceeds $300.00 in an election year or more than $100.00 in a
nonelection year. (Per State Statutes.)
No individual or committee or political fund shall make
contributions or expenditures to promote or defeat a ballot
question which, exceeds $300.00 in an election year or more than
$100.00 in a nonelection year. (Per State Statutes.)
City candidates cannot accept contributions from congressional,
statewide, or legislative campaigns and cannot transfer local
campaign funds to such campaigns. (Per State Statutes.)
IIo
This ordinance shall take effect upon its passage by the City
Council and publication as required by the City Charter.
Passed by the City Council this 9th day of August , 1993.
Vernon F. Reinert, Mayor
(sLA,t \>&J
Oily G. Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing ordinance was duly
seconded by Council Member Elliott and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: none.
Whereupon said ordinance was declared duly passed and adopted.
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