CAMPAIGN DISCLOSURE REQUIREMENTS (Adopted November 28, 2007)
- Definitions
- “Contribution” as used herein shall have the same definition as provided in
Government Code Section 82015, as amended.
- “Expenditure” as used herein shall have the same definition as provided in
Government Code Section 82025, as amended.
- “Independent expenditure” as used herein shall have the same definition as
provided in Government Code Section 82031, as amended, except that the term
“measure” as used in Section 82031 shall be replaced with the term “proposal for
organization or reorganization.”
- “Political Purposes” as used herein shall mean for the purpose(s) of:
(i) Influencing public opinion;
(ii) Lobbying public officials; and/or,
(iii) Influencing legislative or administrative action as defined in Government
Code § 82032.
It shall not include for the purpose(s) of complying with legal requirements and
LAFCO rules for the processing of a proposal, including, but not limited to and
by way of example only, preparation of a comprehensive fiscal analysis for an
incorporation (Government Code Section 56800) or documents necessary to comply
with the California Environmental Quality Act, Public Resources Code Section
21000 et seq., such as a mitigated negative declaration or environmental impact
report.
- Disclosure Requirements for Petitions for Proposals for Organization or
Reorganization
- Any person or combination of persons who directly or indirectly makes an
expenditure or independent expenditure for political purposes of $1,000 or more
in support of, or in opposition to, a change of organization or reorganization
submitted to the commission to which Government Code Section 56700.1 applies,
shall comply with the reporting and disclosure requirements of the Political
Reform Act (Government Code §§ 81000 et seq.), to the same extent and subject to
the same requirements as for local initiative measures. Such reporting and
disclosure requirements, except as otherwise excluded herein, extend to those
required by the Fair Political Practices Commission Regulations regarding such
disclosures and shall include disclosure of contributions, expenditures and
independent expenditures.
- Disclosures made pursuant to this Section shall be filed with the
commission’s executive officer as designated in Section 5 below.
- For purposes of determining the deadlines by which such reports and
disclosures must be filed, the term “election” as used in the Political Reform
Act for determining such deadlines shall mean the date of the originally
scheduled commission hearing on a proposal for organization or reorganization.
If no hearing date has been scheduled at the time a person becomes subject to
disclosure under this policy, he or she shall request that the executive officer
establish a date to serve as the “election” date for this purpose. The executive
officer shall establish a date, such as, but not limited to, the date which is
six (6) months after the first filing with the commission regarding the
proposal, and inform the requestor of that date in writing.
- In the event the originally scheduled hearing date for the proposal for
organization or reorganization is rescheduled or continued to a later date, the
obligation to file continues. Reports shall be filed on or before the 10th day
of each month following the original hearing date with respect to contributions
and expenditures received in the previous calendar month up to and including the
third calendar month following final action by the commission on the proposal.
- Disclosure Requirements for Conducting Authority Proceedings
- Any person or combination of persons who directly or indirectly makes an
expenditure for political purposes of $1,000 or more related to conducting
authority proceedings for a change of organization or reorganization to which
Government Code Section 57009 applies, or in support of or in opposition to
those conducting authority proceedings, shall comply with the reporting and
disclosure requirements of the Political Reform Act (Government Code §§ 81000 et
seq.), to the same extent and subject to the same requirements as for local
initiative measures. Such reporting and disclosure requirements, except as
otherwise excluded herein, extend to those required by the Fair Political
Practices Commission Regulations regarding such disclosures and shall include
disclosure of contributions, expenditures and independent expenditures.
- Disclosures made pursuant to this Section shall be filed with the
commission’s executive officer as designated in Section 5 below.
- For purposes of determining the deadlines by which such reports and
disclosures must be filed, the term “election” as used in the Political Reform
Act for determining such deadlines shall mean the date of the originally
scheduled conducting authority hearing on the proposal for organization or
reorganization. If no hearing date has been scheduled at the time a person
becomes subject to disclosure under this policy, he or she shall request that
the executive officer establish a date to serve as the “election” date for this
purpose. The executive officer shall establish a date, such as, but not limited
to, the date which is six (6) months after the first filing with the commission
regarding the proposal, and inform the requestor of that date in writing.
- In the event the originally scheduled conducting authority hearing date for a
proposal for organization or reorganization is rescheduled or continued to a
later date, the obligation to file continues and reports shall be filed on or
before the 10th day of each month following the original hearing date with
respect to contributions and expenditures received in the previous calendar
month up to and including the third calendar month following final action by the
commission on the proposal.
- Certain Reports and Disclosures Excluded
This policy requires only that the persons subject to it disclose via reports to
the commission’s executive officer contributions, expenditures and independent
expenditures with respect to expenditures for political purposes related to a
petition to the commission for a proposal for an organization or reorganization
and does not impose on such persons the regulations regarding the names of
campaign committees, disclosures of the sources of mass mailings, and
disclosures of the source of automated telephone calls under Government Code
Sections 84501 et seq. and the regulations of the Fair Political Practices
Commission implementing those sections.
- Where to File
All reports and disclosures required hereunder shall be filed with the
commission’s executive officer.
- Reporting requirements are non-exclusive
The disclosure and reporting requirements herein are in addition to any other
requirements that may be otherwise applicable under provisions of the Political
Reform Act or by local ordinance.
- Sunset provision
This policy is intended to implement Government Code Sections 56700.1 and 57009
and shall be of no further force and effect upon the effective date of
legislation repealing or amending those sections to transfer responsibility for
enforcing disclosure of expenditures for political purposes affecting commission
proceedings to the Fair Political Practices Commission or otherwise terminates
the responsibility of this commission to adopt and implement this policy.
Should you have any questions regarding this literature, you may contact the LAFCO staff at (909)
383-9900, or via e-mail at:
lafco@lafco.sbcounty.gov
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