3.13.100 - Duties of the Public Ethics Commission.

A.

The Public Ethics Commission shall develop any and all forms necessary to carry out the provisions of the Act, including forms for statements of acceptance or rejection of expenditure ceilings and forms for candidate requests for public matching funds. The Public Ethics Commission may, in its discretion, require any document or form to be filed in an electronic format that is provided by the Public Ethics Commission to the candidates free of charge.

B.

The Public Ethics Commission shall cause the review of the statements of acceptance or rejection, nomination papers, requests for public subsidies and other campaign financial reports in a timely fashion to certify a candidate's eligibility to receive public matching funds.

C.

The certification of a candidate's eligibility for public matching funds shall provide the reasons why a candidate is or is not eligible, the amount of the public matching funds disbursed, and what actions a candidate may take to correct any insufficiencies.

D.

The City Auditor shall conduct mandatory audits or compliance reviews of all candidates accepting public matching funds. Audits or compliance reviews shall be conducted of other candidates only when necessary to determine if compliance with the eligibility requirements of Section 3.13.080(D) were met. The results of any audit(s) or compliance review(s) conducted shall be provided to the Public Ethics Commission. The City Auditor shall propose administrative standards for conducting audits and compliance reviews consistent with the requirements of this Act to be duly approved by resolution of the City Council. In the event a candidate who accepts matching funds during a primary election is required to participate in a run-off election, no audit of such candidate shall commence sooner than sixty (60) calendar days after the run-off election.

(Ord. 12669 § 8, 2005: Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.110 - Matching fund formula.

A certified candidate shall receive public matching funds according to the following formula:

A.

One dollar of public matching funds for each dollar received and deposited of the first one hundred dollars ($100.00) or less contributed by each contributor provided that the contribution is made by contributors whose principal residence or whose primary place of doing business is located within the city of Oakland and which residence or business address appears on the written instrument used to make the contribution. The address appearing on the written instrument shall be presumed to be the contributor's principal residence or primary place of doing business. No complaint shall be filed with the Public Ethics Commission unless accompanied by evidence that demonstrates a high probability that the presumption is incorrect.

B.

The total amount of public funds allocated to each candidate shall not exceed thirty (30) percent of the voluntary expenditure ceiling per election for the office being sought.

C.

In no event shall the Public Ethics Commission match a contribution which it has determined to be aggregated with a previously matched contribution from another person pursuant to Section 3.12.080

D.

Upon certification of a candidate's eligibility, the candidate shall receive an initial lump-sum payment representing ten percent of the total amount of available matching funds for which he or she is allocated to receive. An eligible candidate shall receive a second lump-sum payment in an amount equal to the initial lump-sum payment upon demonstration that he or she has received and deposited contributions totaling at least ten percent of the expenditure ceiling for the office being sought and which contributions originate from donors whose principal residence or primary place of doing business is located within the city of Oakland. Any lump-sum payment made pursuant to this section shall be inclusive of, and shall not cause a candidate to exceed, the total amount of available matching funds he or she is allocated to receive.

E.

Each candidate who qualifies for a run-off election shall receive a payment equal to the amount he or she received pursuant to Section 3.13.110(D). No other matching funds shall be available to a run-off candidate.

F.

In the event matching funds are paid to a candidate based on a contribution that is returned to the donor for any reason, the candidate shall return to the Public Ethics Commission the amount received in matching funds based on the returned contribution no later than seven business days after the contribution is returned to the donor.

(Ord. 12669 § 9, 2005: Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.120 - Disbursement of public funds.

A.

A candidate or candidate's controlled committee, certified as eligible to receive public matching funds, shall submit a request for public matching funds to the Public Ethics Commission each time a threshold of three thousand dollars ($3,000.00) or more in matchable funds is reached.

B.

A candidate or candidate's controlled committee, certified as eligible to receive public matching funds, may submit a request for public matching funds of one thousand dollars ($1,000.00) or more ten calendar days before the election.

C.

The Public Ethics Commission shall have ten calendar days to cause the review and approval or denial of the request and disburse the public funds to the candidate or candidate's controlled committee.

D.

The request for public matching funds shall be made on a form determined by the Commission, and shall include copies of each check eligible to be matched by public funds.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.130 - Deposit of public funds.

All public funds shall be deposited directly into the candidate's campaign checking account.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.140 - Use of matching funds.

Public matching funds may only be used for lawful qualified campaign expenditures incurred by a candidate during the election for which the funds were allocated.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.150 - Return of matching funds.

A.

Public matching funds provided by this Act remain the property of the city until disbursed or encumbered for lawful qualified campaign expenditures.

B.

Unencumbered matching funds must be returned to the election campaign fund no later than thirty-one (31) calendar days from the earlier of the last day of the semi-annual reporting period following the election, of the candidate's withdrawal from the election. Any unencumbered campaign funds remaining as of the last day of the semi-annual reporting period following the election, or the candidate's withdrawal from the election, shall be considered unencumbered matching funds to be returned to the election campaign fund, up to the amount of matching funds received for that election by the candidate..

C.

Public matching funds shall not be disbursed to the certified candidate from the election campaign fund to match any contribution following the defeat, withdrawal, or election to office by the candidate, except that public matching funds may be disbursed to a certified candidate after the date of the election for which matching funds are sought provided that the candidate submitted a properly documented claim form for public matching funds before the date of the election.

(Ord. 12669 § 10, 2005: Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.160 - Proof of payment.

A.

Each certified candidate or candidate's controlled committee which received public matching funds shall provide to the Public Ethics Commission sufficient proof of all disbursements made from matching funds no later than the due date for the next campaign finance report.

B.

The Public Ethics Commission shall determine what constitutes sufficient proof of payment.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.170 - Public debates.

While not a condition for receiving matching funds, candidates receiving public matching funds are strongly encouraged to participate in one or more nonpartisan candidate debates for each election.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.180 - Enforcement.

The Public Ethics Commission is the sole body for civil enforcement of this Act. In the event criminal violations of the Act come to the attention of the Public Ethics Commission, the Commission shall promptly advise in writing the City Attorney and the appropriate prosecuting enforcement agency.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.190 - Criminal misdemeanor actions.

Any person who knowingly or wilfully: (1) misrepresents his or her eligibility for matching funds, (2) violates Sections 3.13.130, 3.13.140 or 3.13.150(B), or (3) causes, aids or abets any other person to violate the provisions set forth in this section, is guilty of a misdemeanor. Prosecution shall be commenced within four years after the date on which the violation occurred.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.200 - Enforcement actions.

A.

Any person who intentionally or negligently: (1) misrepresents his or her eligibility for matching funds, (2) violates Sections 3.13.090, 3.13.130, 3.13.140 or 3.13.150(B), or (3) causes, aids or abets any other person to violate the provisions set forth in this section, is subject to enforcement proceedings before the Public Ethics Commission pursuant to the Public Ethics Commission General Rules of Procedure.

B.

If two or more persons are responsible for any violation, they shall be jointly and severally liable.

C.

Any person alleging a violation of this Act shall first file with the Public Ethics Commission a written complaint on a form approved for such purpose. The complaint shall contain a statement of the grounds for believing a violation has occurred. The Public Ethics Commission shall review, investigate and make determinations regarding any alleged violation consistent with the Public Ethics Commission's General Complaint Procedures.

D.

The Commission has full authority to settle any action involving public matching funds in the interest of justice.

E.

If the Commission determines a violation has occurred, the Commission is authorized to administer appropriate penalties and fines not to exceed one thousand dollars ($1000.00) per violation and to order the repayment of matching funds received or expended in violation of law.

F.

The Public Ethics Commission may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this Act.

G.

No complaint alleging a violation of any provision of this Act shall be filed more than two years after the date the violation occurred.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.210 - Effect on municipal elections.

Chapter 3.13 of this Code (Sections 3.13.010—3.13.260 inclusive) shall have no effect for the 2010 municipal elections.

(Ord. No. 13012, § 2, 5-4-2010)

3.13.211 - Transfer of funds to the Ranked Choice Voting (RCV) Outreach and Education Funds.

Notwithstanding any other ordinance, for the 2010 municipal elections, $100,000.00 from the election campaign fund shall be transferred to the ranked choice voting (RCV)/instant run-off voting (IRV) outreach and education campaign fund for the November 2010 municipal election and the City Administrator is authorized to issue an expedited request for proposals within 30 days for community non profit organizations with demonstrated ability, expertise and successful history of reaching and working effectively in and with low voter propensity communities, in a culturally competent manner, for the purposes of targeted ranked choice voting (RCV)/instant run off voting (IRV) outreach and education.

(Ord. No. 13012, § 2, 5-4-2010)

3.13.220 - Construction.

The Act shall be liberally construed to accomplish its purposes.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.240 - Applicability of other laws.

Nothing in this Act shall exempt any person from applicable provisions of any other laws of the city, state or other appropriate jurisdiction.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.260 - Severability.

If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this Act are severable.

(Ord. 12375 (part), 2001: Ord. 12308 (part), 2001)

3.13.270 - Effective date.

The effective date of this act shall be January 1, 2001.

(Ord. 12375 (part), 2001)

3.13.280 - Effect on run-off municipal elections.

Chapter 3.13 of this Code (Sections 3.13.010—3.13.260 inclusive) shall have no effect for the 2004 general and runoff municipal elections.

(Ord. 12519 § 1, 2003)

3.13.290 - Transfer of funds to general fund.

Notwithstanding any other ordinance, for the fiscal year 2008—2009, $226,000.00 of the election campaign fund shall be transferred to the City's General Fund.

(Ord. No. 12905, § 2, 11-18-2008)