CCMIN 03162021 - Laserfiche WebLink

not staff resources that regularly handle campaign finance issues should the City opt for self- enforcement. She further advised there are a variety of accounting rules staff has not previously handled which complicates matters should funds shift from a previous campaign to a new one. She noted this expertise does not exist in-house so a limit different than the State's would all but require an FPPC contract as she is unaware of any comparable organizations. In response to Councilmember Balch's inquiries, Assistant City Attorney Seto confirmed the State contribution limit of $4,900 also applies to Livermore.. Danville, and San Ramon. She confirmed Dublin will need to revisit its limit with the state law change. She advised the Dublin limit has progressed from $125 to $250 to its present $500 and Dublin has always had to enforce it on its own. She clarified the $4,900 is for each election and explained if there are two election cycles before a sitting candidate requires re-election, they cannot collect the sum twice. She clarified that if a just-elected person is not running until 2024 it would be a four-year collection window for the $4,900 because they are not on the ballot in 2022. She advised there can be an accounting issue for unspent funds from a previous election cycle for would-be repeat donors. In response to Councilmember Balch's inquiries, Assistant City Attorney Seto clarified individual contributions to PACs cannot be limited but PAC contributions to individual candidates are limited. She confirmed the PAC can exceed the contribution limit in independently spending in support of a candidate without coordination with the candidate. In response to Councilmember Narum's inquiries, Assistant City Attorney Seto confirmed a single election cycle began on January 1 for either a 2022 or 2024 reelection date. She advised the Pleasanton voluntary expenditure limit would be set 150 days before whatever election year in which a candidate was running for re-election. He further advised the limit would be based upon the latest registered voter numbers and inflation levels at the time. In response to Councilmember Narum's inquiry, Assistant City Attorney Seto explained if a candidate raised funds and spent them before the 150-day expenditure benchmark expenditures could count against the limit. She noted the final number is not set until 150 days before the election, but expenses made before it would still apply to the ultimate total. In response to Councilmember Balch's inquiry, Assistant City Attorney Seto confirmed expenses in 2021 would count against the voluntary limit for an election in 2024. In response to Councilmember Narum's inquiries, Assistant City Attorney Seto advised staff can clarify this component of the expenditure regulations and be specific about when the clock should start. City Manager Fialho commented staff does not presently do this. Assistant City Attorney Seto advised it has not yet been a problem, but the forms do accumulate expenses for campaigns and none of them exceeded the voluntary expenditure cap. She acknowledged she would have to review the forms again to see if they account for more than one year. City Manager Fialho advised the voluntary expenditure limit was intended to regulate an upcoming campaign and Council can make this clarifying change. In response to Councilmember Narum's inquiries, City Clerk Karen Diaz confirmed since the voluntary restriction took effect in 2008 every candidate has taken the pledge and confirmed no one has ever exceeded the pledge. In response to Councilmember Testa's inquiry, Assistant City Attorney Seto confirmed there is no enforcement mechanism because the agreement is voluntary. Councilmember Testa remarked that she finds the expenditure limit to be absurdly high but has always signed the pledge because of how it would be misconstrued if she did not. She expressed support of having the number revisited by staff. In response to Mayor Brown's inquiries, Assistant City Attorney Seto clarified Dublin's definition of a person matches the State's so it would include a PAC which would be subject to the $500 limit. She City Council Minutes Page 11 of 15 March 16, 2021