CC Ordinance No. 20-2209 Adding City Code Section 2.20.120 (Electronic Filing) to Title 2 (Administration and Personnel)ORDINANCE NO.20-2209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADDING CITY CODE SECTION 2.20.120 (ELECTRONIC FILING) TO TITLE 2
(ADMINISTRATION AND PERSONNEL)
The City Council of the City of Cupertino finds that:
1. Government Code Section 84615 currently provides that a local agency may
adopt an ordinance to require 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 ('commencing with Section 84100 of the
Government Code), except an elected officer, candidate, committee, or other
person who receives contributions totaling less than $1,000 and who makes
independent expenditures totaling less than $1,000 in a calendar year, to file
those statements, reports, or other documents online or electronically with the
local filing officer; and
2. The City has entered into an agreement with Granicus, a vendor approved by the
California Secretary of State, to provide an online electronic filing system
("System") for campaign disclosure statements; and
3. The System will operate securely and effectively and will not unduly burden
filers. Specifically: (1) the System will ensure the integrity of the data and
includes safeguards against efforts to tamper with, manipulate, alter, or subvert
the data; (2) the System will only accept a filing in the standardized record
format developed by the Secretary of State and compatible with the Secretary of
State's system for receiving an online or electronic filing; and (3) the System will
be available free of charge to filers and to the public for viewing filings; and
4. The City of Cupertino wishes to amend Title 2 of the Cupertino Municipal Code
(Administration and Personnel) to add a new Section relating to electronic filing
of campaign and conflict of interest statements.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
Ordinance No. 20-2209
Page 2
SECTION 1. Adoption.
The Cupertino Municipal Code, Title 2, is hereby amended to add Section 2.20.120, to
insert language shown in italics as shown below.
2.20.120 Electronic filing of campaign statements.
A. (a) Any elected officer, candidate, committee or other person required to file statements,
reports or other documents required by Chapter 4 (commencing with Section 84100 of the
Government Code), except an elected officer, candidate, committee or other person who receives
contributions totaling less than one thousand dollars ($1,000) and makes expenditures totaling
less than one thousand dollars ($1,000) in a calendar year, shall file those statements, reports or
other documents online or electronically with the city clerk.
B. In any instance in which an original statement, report or other document must be filed
with the California Secretary of State and a copy of that statement, report or other document is
required to be filed with the city clerk, the filer may, but is not required to, file the copy
electronically.
C. If the city clerk's electronic system is not capable of accepting a particular type of statement,
report or other document, an elected officer, candidate, committee or other person shall file that
document with the city clerk in an alternative format.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub -section, paragraph, sub -paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of
this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 4: Effective Date.
8/19/2020
19th