REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
October 8, 2019
FROM
BOB PAGE, Registrar of Voters, Registrar of Voters
SUBJECT
Title v
Introduction of an Ordinance Amending the Campaign Finance Reform Ordinance Regarding Electronic Filing of Statements
End
RECOMMENDATION(S)
Recommendation
1. Consider proposed ordinance amending Sections 12.4302 and 12.4311 of the County Code relating to the electronic filing of campaign statements.
2. Make alterations, if necessary to proposed ordinance.
3. Approve introduction of proposed ordinance.
4. Read title only of proposed ordinance; waive reading of the entire text and SCHEDULE FOR FINAL ADOPTION ON TUESDAY, OCTOBER 22, 2019, on the Consent Calendar.
(Presenter: Bob Page, Registrar of Voters, 387-2100)
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COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item may result in the use of additional Discretionary General Funding (Net County Cost). It is possible that there will be a modest increase in Discretionary General Funding (Net County Cost) due to increased staffing needs. This would be determined after implementation of the new filing requirements. There will be no increase in software costs because the existing contract with NetFile, Inc. can accommodate the additional electronic filing without increasing the cost of the contract.
BACKGROUND INFORMATION
The proposed ordinance will provide certain elected officers, candidates, committees, and other persons required to file campaign statements, reports, or other documents required by the Political Reform Act with the option to make such filings electronically or by paper with the Registrar of Voters (ROV).
California Government Code section 84615 allows local government agencies to implement electronic filing requirements and eliminate the need for candidates and committees to file both electronic and paper copies of documents. It also requires local government agencies implementing electronic filing requirements to make findings that their online or electronic filing system will operate securely and effectively and will not unduly burden filers.
On August 6, 2019 (Item No. 3.), the Board of Supervisors directed County staff to draft an ordinance that would amend the County’s Campaign Finance Reform Ordinance to make electronic filing of campaign statements optional and to require only one method of filing for all elected officers, candidates, committees and other persons for whom ROV serves as the local filing officer. The optional electronic filing provision of the proposed ordinance would apply to elected offices for the County, school districts and special districts, but not to city offices.
The existing online NetFile system is secure and currently available to filers. Since electronic filing will be optional, the recommended ordinance will not place any burden on those filers who wish to continue with paper format filing. ROV will inform interested persons of the new option and arrange for NetFile to provide training. This electronic filing option will increase the efficiency of the reporting process, ease the paper filing burden of involved persons, and improve transparency. The ordinance satisfies the requirements and policy objectives of Government Code section 84615.
The California Fair Political Practices Commission (FPPC) confirmed the County has independent statutory authority to adopt an electronic filing program.
The proposed ordinance does not alter the enforcement obligations of the FPPC, which administers and enforces the County's campaign finance ordinance. The ordinance only alters the means by which filers may file with ROV.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Ken Hardy, Supervising Deputy County Council, 387-5401) on September 13, 2019; Finance (Elias Duenas, Finance Analyst, 387-4052) on September 24, 2019 and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on September 24, 2019.