HomeMy WebLinkAboutO-2011-033 Amending Section 2-30 Individual Campaign Contribution Limits ORDINANCE NO. 2011-033
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION",
SECTION 2-30, "INDIVIDUAL CAMPAIGN CONTRIBUTION LIMITS" OF
THE CITY CODE OF ORDINANCES TO PROVIDE FOR ADDITIONAL
CAMPAIGN FINANCING PROVISIONS SUPPLEMENTING STATE LAW
THAT WILL PROHIBIT ENTITIES AND ORGANIZATIONS FROM
MAKING CONTRIBUTIONS TO CANDIDATES IN CITY ELECTIONS FOR
MAYOR AND CITY COMMISSIONERS; PROVIDING ADDITIONAL
RELATED DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Supreme Court has held in several instances beginning
with the decision in Buckley v. Valeo, 424 U.S. 1 (1976), that the perception of corruption is
inherent in a system of large financial contributions to candidates for public office, and the City
Commission of the City of Dania Beach has determined that it is necessary to prevent corruption
and the appearance of corruption that results from campaign contributions from entities and
organizations; and
WHEREAS, the City Commission has found that it is necessary for the preservation of
the integrity of representative democracy in the City of Dania Beach to impose limitations and
restrictions on campaign contributions, which includes direct expenditures on behalf of and in
support of candidates in municipal elections in order to remove the perception of corruption
stemming from candidate dependence upon contributors such as corporations, special interest
groups and other entities and organizations; and
WHEREAS, the United States Supreme Court has found that when the perception of
corruption is not addressed, the resulting cynical assumption of voters is that large donors unduly
influence the work of government and could jeopardize the willingness of voters to participate in
the democratic process of representative government; and
WHEREAS, the City Commission has found that the public's awareness of the
possibilities of abuse and corruption arising from contributions from entities and organizations
erodes the public's confidence in the democratic system and in the integrity of municipal
elections in the City of Dania Beach; and
WHEREAS, the City Commission has determined that in order to prevent the
appearance of undue influence and access to candidates by contributors and to prevent
candidates from gaining an unfair advantage in the political marketplace, it is necessary to
address the potential for abuses associated with campaign contributions, including direct
expenditures by entities formed for business purposes such as, but not limited to, corporations,
limited liability companies, professional associations, national and state banks, unincorporated
associations, labor organizations, and limited partnerships, limited liability partnerships, and
general partnerships, as well as special interest groups such as political committees, political
action committees, committees of continuous existence and unincorporated associations; and
WHEREAS, business entities and entities formed for business purposes have the ability
to amass great wealth in the economic marketplace and to utilize such wealth to
disproportionately impact municipal elections with campaign contributions, which unfairly
influences elections and creates the perception that public officials may be influenced by special
interests to the public detriment; and
WHEREAS, resources in the treasury and accounts of a business entity are not an
indication of popular support of the entity's political ideas, but instead reflect the economically-
motivated decisions of investors, owners, and customers; and
WHEREAS, the City Commission has determined that in order to prevent abuses that
can result from the City's limited campaign contribution amounts, it is necessary to prohibit
contributions from groups and organizations to inhibit circumvention of the City's contribution
limitations; and
WHEREAS, there is a danger that a candidate's reliance on contributions from
corporations, special interest groups and other entities and organizations for election assistance
will impair such candidate's ability to make independent choices; and
WHEREAS, the City Commission has determined that the appearance of quid pro quo
relationships between special interest contributors and political recipients, whether or not it
exists, seriously undermines public confidence in the political system, and has the potential for a
disproportionate impact on elections in the City of Dania Beach; and
WHEREAS, the 'City Commission has determined that campaign contributions in
previous elections demonstrate that candidates can amass the resources necessary to participate
effectively in the electoral process, by means of contributions from individuals and without
relying on contributions from corporations, special interest groups and other entities and
organizations; and
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WHEREAS, the City Commission has determined the campaign finance provisions of
this ordinance will eliminate the appearance of and the potential for undue and unfair influence
on elected city officials and will help to instill more faith and trust in government, will ensure
that competition among candidates in the political arena is truly a competition of political ideas,
and will level the playing field for qualified individuals, who may not otherwise choose to run
for public office, desiring to devote the time and effort necessary to seek and hold the office of
Mayor or City Commissioner of the City of Dania Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are confirmed as being true and
correct and they are made a specific part of this Ordinance.
Section 2. That Section 2-30, entitled "Individual campaign contribution limits," of
the City Code of Ordinances is amended to read as follows:
Sec. 2-30. Individual campaign contribution limits.
(a) Definitions. The following terms, as used in this section, shall mean:
Candidate shall have the meaning %ziven to such term in Chapter 106, Florida Statutes, as
amended from time to time.
Committee of continuous existence shall have the meaning given to such term in Chapter
106, Florida Statutes, as amended from time to time.
Contribution shall have the meaning ascribed to such term in Chapter 106, Florida
Statutes, as amended and supplemented. An independent expenditure, as that term is
defined in Chapter 106, Florida Statutes, is not included within the meaning of
contribution.
Expenditure shall have the meaning ascribed to such term in Chapter 106, Florida
Statutes, as amended and supplemented.
Labor organization or union shall mean any organization of any kind, or any gency or
employee representation committee or plan, in which employees participate and which
exists for the purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of
work.
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Natural person shall mean any human being other than an unemancipated child under the
age of eighteen years old.
Political Committee shall have the meaning given to such term in Chapter 106, Florida
Statutes, as amended from time to time.
Unincorporated association means any group of natural persons formed for a common
purpose or objective.
Unopposed candidate shall have the meaning given to such term in Section 106.0110 5),
Florida Statutes, as amended from time to time.
(b) State law to apply. All city elections shall be conducted in accordance with the
requirements set forth in Florida Statutes, and with the coexisting provisions of the City
Charter and this Section.
(c) Prohibited contributions. No contribution shall be made to any candidate with
respect to any election for the office of mayor or city commissioner, except by a natural
person. It shall be unlawful for any or organization listed below to make a
contribution in connection with any general or special election held to select candidates
for mayor or city commissioner, or for any mayoral or commission candidate or other
person to accept or receive any contribution prohibited by this Section, or any officer or
director of any entity or organization below to consent to any contribution by the entity or
organization, as the case may be, where prohibited by this Section:
(l) any corporation, corporation not for profit, partnership, limited
partnership, limited liability partnership, association cooperative, joint
venture, business trust, limited liability company, professional service
corporation, or sole proprietorship organized under the laws of the State of
Florida or any other state or foreign country, and as defined in Florida
Statutes;
(2) any bank or financial institution organized or doing business under the
laws of the United States, the State of Florida or any other state or foreign
country;
(3)any labor organization or union;
(4)any political committee or political action committee;
(5)any committee of continuous existence;
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(6)any unincorporated association;
(7) any entity similar to any of the foregoing.
(bd) Limitation on contributions and expenditures. It is unlawful for any natural person
, to make a contribution
or expenditure in excess of two hundred fifty dollars ($250.00) directly; or indirectly er
thfe gh a pelifieal eenuni ee, to any candidate for election to the office of mayor or city
commissioner. Furthermore, it shall be unlawful for any candidate, political committee or
other person to knowingly accept or receive any campaign contribution or expenditure
prohibited by this sSection. The contribution and expenditure limits of this sSection apply
to each election. For the purposes of this sSection, any special election and any general
election are separate elections so long as the candidate is not an unopposed candidate as
defined in section 106.011(15), Florida Statutes, as amended or supplemented.
(se) Penalties. Any individual who violates this section shall be subject to the penalties
elsewhere prescribed in the City Code of Ordinances which are applicable to a violation
of a municipal ordinance.
Section 3. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
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Section 5. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on October 25, 2011.
PASSED AND ADOPTED on second reading on November 8, 2011.
ATTEST:
2ttA
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
NRD'S F/fir
APPROVED AS TO FORM ND CORRECTNESS:
1
THOMA J. NS
CITY ATTORNEY
ORDINANCE#2011-033