Ordinance 2020-007 adding chapter 2.04.170 to the Carmel-by-the-Sea Municipal Code relating to electronic and paperless filing of Fair Political Practices Commission Campaign Disclosure Statements

Adopt Ordinance 2020-007 adding chapter 2.04.170 to the Carmel-by-the-Sea Municipal Code relating to electronic and paperless filing of Fair Political Practices Commission Campaign Disclosure Statements which constitutes reading of the title and waiver of reading of the Ordinance. 

Since the enactment of the Political Reform Act, candidates and committees have complied with filing requirements by filing paper copies of campaign statements and reports. The elimination of manual processing of filings through electronic filing requirements will conserve resources, streamline a manual process and ensure the public has access to the information disclosed on various required forms.

AB 2151 signed by Governor Newsom earlier this year adds Section 84616 to the Government Code and requires local government agencies, within 72 hours of each filing deadline, to post on their websites “a copy of any statement, report or other document required by Chapter 4 (commencing with Section 84100) that is filed with that agency in paper format.” If the final day of the 72-hours falls on a weekend or holiday, an extension is given until the next day that is not a weekend or holiday.

Government Code states certain information must be redacted before the forms can be placed online. Continued filing of paper documents will require staff to manually redact that information prior to placing the forms on the City’s website. When a filer uses the online submission, the system automatically redacts the information. The electronic/online process will eliminate the potential for human error when staff manually redacts the information.

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 to file such statements, reports or other documents online or electronically with the City Clerk.

Adoption of this ordinance provides that in any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement is required to be filed with the local government agency, the filer shall file the copy online or electronically.

Adoption of this ordinance does not change filing requirements, it allows the City to move forward with electronic filing.

NetFile, the vendor who will be providing the system will provide training to all users of the system at the filer’s convenience.

$2,000 a year beginning in FY 20/21; there is no cost until that time. If approved, the City will enter into an agreement with NetFile in the current fiscal year to begin providing this service. The City Clerk anticipates absorbing this cost into the Clerk’s FY 20/21 budget.