Loading...
HomeMy WebLinkAboutOrdinance - 53-87 - Amending City Code 2.88 Regarding Filing of Financial Statements in Connection with City Elections - 10/20/1987 ORDINANCE NO. 53-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2. 88 REQUIRING THE FILING OF FINANCIAL STATEMENTS RELATING TO RECEIPTS AND DISBURSEMENTS BY CANDIDATES AND COMMITTEES IN CONNECTION WITH CITY ELECTIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1 . Eden Prairie City Code Chapter 2 is amended by adding Section 2. 88 thereto, as follows: SEC. 2.88. Subd. 1. Definitions. A. "City election" means an election held in the City at which the voters of the City choose by ballot any public official for the City. • B. "Personal campaign committee" means any commit- tee appointed by a candidate for any city election. C. A "political committee" shall consist of every two or more persons who shall cooperate in the raising, collecting, or disbursing of money used, or to be used, for or against the election to public office of any person or any class or number of persons in any city election. A person who does no more than contribute money to a political committee shall not be deemed to be a member of a political committee. D. "Disbursements" means every act by or through which any money, property, office, or position or other thing of value passes or is directly or indirectly conveyed, given, promised, paid, expended, pledged, contributed, or lent, and also -1- any money, property, office, or position or other thing of value so given, provided, paid, expended, promised, pledged, contributed, or lent. Subd. 2. Statements to Be Filed. Every candidate and every personal campaign committee shall file a verified financial statement as follows: A. Seven days before the election; and B. Seven days after the election. The statement shall be verified upon the oath of the candidate or the personal campaign committee, as the case may be, and shall cover all transactions made up to and including the third day before the filing of the statement and not accounted for and reported upon in statements theretofore filed. In the event of any transaction occurring after the third day . before the filing of the statement after the election, a state- ment setting forth such transaction or transactions shall be filed within thirty days after such transaction. Each statement after the first shall contain a summary of all preceding state- ments and summarize all items theretofore reported under the pro- visions of this subdivision. Subd. 3 . Information Required. The statement of a candidate and a personal campaign committee shall give in full detail: A. Every sum of money and all property, and every other thing of value, received by such candidate or committee during such period from any source whatsoever which such candi- -2- date or the committee uses or has used, or is at liberty to use for political purposes, the date when each was received, and the total amount received from all sources in any amount or manner; B. Every promise or pledge of money, property, or other thing of value, received by such candidate or committee during the period for which transactions must be reported, the proceeds of which the candidate uses or has used, or is at liberty to use for political purposes, the special purposes for which each was promised or pledged, the date when each was so promised or pledged, and the total amount promised or pledged from all sources in any amounts or manner; C. Every disbursement by such candidate for political purposes or committee during such period, the specific • purpose for which each was made, the date when each was made, and the total amount of disbursements made in any amounts or manner; and D. Every obligation, expressed or implied, to make any disbursement incurred by such candidate for political purposes or committee during such period, the specific purposes for which each was made, the date when each was incurred, and the total amount of such obligations made in any amounts or manner. E. The name of each person or source from which an aggregate value of $250 or more of money, property or other thing of value was received, promised or pledged by or to such candidate for political purposes or committee during such period and any prior period or periods. is -3- F. The name of each person to whom a disbursement or disbursements, or an obligator, expressed or implied, to make a disbursement or disbursements, of an aggregate value of $250 or more was made or incurred by such candidate for political purposes or committee during such period and any prior period or periods. Subd. 4. Statements by Political Committees. Every political committee shall file a verified financial statement within thirty days after a City election. The statement shall set forth the total amount of receipts and disbursements and the purpose or purposes for which the disbursements were made. The statement shall also set forth the name of each person from whom or to whom any money, property or other thing of value having an aggregate value of $250 or more was received or disbursed. • Subd. 5 . Statement Forms. Forms for statements shall be prepared by the City Clerk, and copies thereof, together with a copy of this section of the City Code, shall be furnished to every candidate and committee of which the City Clerk has knowledge, upon the filing for election to public office by the candidate, and to all other persons required by law to file statements who may apply therefor. The verified financial state- ments shall be filed with the City Clerk. Subd. 6 . Notice and Penalty. The City Clerk shall notify a candidate and the members of a committee, in writing, of the failure to comply with this Section immediately upon the expiration of the time fixed for filing of a statement, and if -4- the provisions of this Section shall not be complied with within ten days after the mailing of such notice, such candidate and each member of a committee required to file such statement to whom such notice has been sent shall be guilty of a misdemeanor. Any failure to comply with the provisions of this Section prior to such notice and expiration of such ten days shall not consti- tute a violation of this Section. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3 . This ordinance shall become effective from and after its passage and publication. • FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of October , 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of November 1987. ATTEST: Cittk rk (w' ayor PU//BLISHED in the Eden Prairie News on the 6th day of January 1981. RAP2 8457-1 10-27-87 -5- ORDINANCE NO,53-87 PUBLIC NOTICE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2.88 REQUIRING THE FILING OF FINANCIAL STATEMENTS RELATING TO RECEIPTS AND DISBURSEMENTS BY CANDIDATES AND COMMITTEES IN CONNECTION WITH CITY ELECTIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Eden Prairie City Code Chapter 2 is amended by adding Section 2.8EC2.8 thereto,asfollows: SEC 2.88. Affidavit of Publication Subd.1.Definitions. A.-"City election" means an election Southwest Suburban Publishing Inc. held in the City at which the voters of the city choose by ballot any public official for the City. B.A"Personal campaign committee" means any committee appointed by a candidate for any city election. C. A "political committee" shall State of Minnesota / consist of every two or more persons who )SS.shall cooperate in the raising,collecting or disbursing of to money used, be County of Hennepin n n ep i n used,for or against the election to public office of any person or any class or number of persons in any city election.A person who does not more than contribute Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as money to a political committee shall not the Eden Prairie News and has full knowledge of the facts herein stated as follows: be deemed to be a member of a political (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by commttee. Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. D. "Disbursements"means every act �waspublishedonthedate by or through which any money, (B)The printed public notice that is attached to this Affidavit and identified as No. , property,office Or position,Or other thing or dates and in the newspaper stated in the attached Notice,and said Noti is hereby incorporated as part of this Af- of value passes or is directly or indirectly fidpavit.Said notice was cut from the columns of the newspaper specifi ri ed below is a copy of the lower bothhabet from A to Z, inclusive,and is hereby acknowledged as be' the and size of type used in the compos conveyed, giver promised, paid, ex- and publication of the i panded,pledged,contributed or lent,and abcdefghijklmnopgr tuv� also any money property, office, or position or other thing of value so given, provided, paid, expended, promised, pledged,contributed or lent. By: Subd.2.Statements to be Filed.Every rud,Publisher candidate and every personal campaign committee shall file a verified financial statement as follows: Subscribed and sworn before me on A.Seven days before the election; and B.Seven days after the election. The statement shall be verified upon the oath of the candidate or the sonal- campaign committee, as the case may, this day of 108— be,and shall cover all transactions made up to and including the third day before � ,L BECKYSCOTP the-filing of the statement and not ac- h"3TARYP1J;3llGMNNESOTA �. counted for and reported upon in "; ;_ � t RESS statements theretofore filed.In the event "`= of any transaction occurring after the third day before the filing of the statement after the election,a statement setting forth such transaction or tran- RATE INFORMATION sactions shall be filed within thirty days after such transaction. Each'statement after the first shall contain a summary of Lowest classified rate paid by commercial users for comparable space....$7.00 per column inc all preceeding and summarize all items. Maximum rate allowed by law for the above matter......................................$7.00 per column inch theretofore reported under the provisions ............................$4.94 per column inch of this subdivision. Rate actually charged for the above matter....................... Subd. 3. Information Required. The statement of a candidate and a personal campaign committee shall give in full detail: A. Every sum of money and all property,and every other thing of value, received by such candidate or committee during such period from any source whatsoever which such candidate or the committee uses or has used, or is at liberty to use for political purposes,the date when each was received, and the - total amount received from all sources in any amount or manner; B.Every promise or pledge of money, property, or other thing of value, received by such candidate or committee during the period for which transactions must be reported,the proceeds for which the candidate uses or has used,or is at liberty to use for political purposes,the special purposes for which cash was promised or pledged,the date when each was so promised or pledged,and the total amount promised or pledged from all sources in any amounts or manner; C. Every disbursement by such can- didate for political purposes or com- mittee during such period, the specific purpose for which each was made, the date when each was made,and the total amount of disbursements made in any amounts or manner;and D. Every obligation, expressed or implied, to make any disbursement in- curred by such candidate for political purpose or committee during such a period, the specific purposes for which each was made.the date when each was incurred, and the total amount of such obligations made in any amounts or manner. E.The name of each person or source from which an aggregate value of$$250 or more of money,property or other thing of value was received,promised or pledged by or to such candidate for political purposes or committee during such period and any prior period or periods. F.The name of each person to whom a disbursement or disbursements, or an obligation,expressed or implied,to make a disbursement or disbursements, of an aggregate value of $250 or more was made or incurred by such candidate for political purposes or committee during such period and any prior period or periods. Subd. 4. Statements by Political Committees. Every political co=dttee shall file a verified financial statement within thirty days after a City election. The statement shall set forth the total amount of receipts and disbursements and the purpose or purposes for which the disbursements were made. The statement shall also set forth the name of each person from whom any money, property or other thing of value having an aggregate value of$2M or more Tux received or disbursed. Subd. 5. Statement forms. Forms for statements shall be prepared by the City Clerk,and copies thereof,together with a copy of this section of the City Code,shall be furnished to every candidate and a committee of which the City Clerk has knowledge,upon the filing for election to public office by the candidate,and to all other persons required by law to file statements who may apply therefor.The verified financial statement shall be filed with the City Clerk. Subd. 6. Notice and Penalty.The City Clark shall notify a candidate and the members of a committee, in writing, of the failure to comply with this Section immediately upon the expiration of the time fixed for filing of a statement,and if the provisions of this Section shall not be compiled with within ten days after the mailing of such notice, such candidate and each member of a committee required to file such statement to whom such notice has been sent shall be guilt of a misdemeanor. Any failure to comply with the provisions of this Section prior to such notice and expiration of such ten days shall not constitute a violation of this Section. Section 2.City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code In- cluding Penalty for Violation" and Section 2.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3.This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of October,1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of November,1987. ATTEST: John D.Frane Gary Peterson Cite Clark Mayor i Published in the Eden Prairie Nears Wednesday,January 6,1988;No.4933)