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HomeMy WebLinkAboutAGENDA REPORT 2017 0118 CCSA REG ITEM 10H ITEM 10.H. CITY oFMOORPARK,C LOFOR City Council Meeting MOORPARK CITY COUNCII2f /-1" 'I AGENDA REPORT TO: Honorable City Council FROM: Maureen Benson, City Clerk DATE: January 10, 2017 (CC Regular Meeting of 1/18/17) SUBJECT: Consider Response to the Ventura County Grand Jury December 1, 2016 Final Report— Campaign Contributions Transparency BACKGROUND/DISCUSSION On December 1, 2016, the Ventura County Grand Jury 2016-2017 provided the City Manager with a Final Report entitled, "Campaign Contributions Transparency" (see Attachment 1). The Grand Jury report found that the Cities of Camarillo, Fillmore, Moorpark, Ojai, Port Hueneme and Santa Paula provide access to records of monetary contributions made to their candidates for public office only through their City Clerk's Office (and not online). California Government Code Section 81008 requires Political Reform Act records to be open for public inspection and reproduction during regular business hours, and does not currently require posting campaign statements online. The Moorpark City Clerk's office currently complies with Section 81008 by accepting California Fair Political Practices Commission (FPPC) campaign statement forms for filing, and maintaining these records for public inspection and reproduction during regular business hours. The filed campaign statement forms are required to be retained indefinitely if a candidate is elected and for five years if not elected. For the City of Moorpark, the long-term records retention for FPPC campaign statement forms is complied.with by scanning the FPPC records into an electronic imaging system. Moorpark City Clerk Division staff can comply with the Grand Jury Report Recommendation R-02: "The Grand Jury recommends that all cities within the County (Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Santa Paula, Simi Valley, Thousand Oaks, and Ventura) direct staff to establish a direct link on their website homepage for public online access to records of all monetary contributions made to their candidates for public office." 114 Honorable City Council January 18, 2017, Regular Meeting Page 2 Additionally, staff can comply with making the format of the campaign statement information that will be added to the City of Moorpark website generally consistent with the Grand Jury Report Conclusion C-04: "If the format of online information was consistent, the citizens of the County would be able to easily compare records of monetary contributions made to candidates for public office. The City of Simi Valley has the most user friendly format regarding monetary contributions online." A form was provided for response to the Grand Jury Report. Staff has provided the attached draft response (Attachment 2)for City Council consideration. Staff will begin posting the filed FPPC campaign statement forms online beginning with the upcoming submission due on January 31, 2017. Consistent with the City of Simi Valley, the information online will only be for all active candidate and political action committees. FISCAL IMPACT There will be minimal additional staff costs for the time spent posting scanned campaign contribution forms on the City website. The forms are already scanned by staff for long- term file retention as required by state law. Most of the initial additional staff work effort will be to create the new section for the website. It is estimated staff would spend approximately 10 minutes redacting privacy information from each candidate's statement for placement online and 30 minutes twice a year to remove inactive candidate and political action committee statements. STAFF RECOMMENDATION Approve the draft response to Grand Jury Report Form, and authorize the City Manager to sign and submit the response form to the Ventura County Grand Jury. Attachments: 1. Grand Jury Final Report Campaign Contributions Transparency, December 1, 2016 2. Response to Grand Jury Report Form 115 ATTACHMENT 1 Ventura County Grand Jury 2016 - 2017 a . i-4„7.z,,, . . , .. .. _..., . ....._.... . „ . ::-"7 . Aw IA 7--‹,1 /.-.,:i _ -->- - T s'''''''''%. ,,,,, , - , i ,,.. .. ...:...._ E I ru 0 o aVi: rauxotd ,14.> p . 1873 0 i� c Final Report Campaign Contributions Transparency December 1, 2016 116 Grand Jury 800 South Victoria Avenue Ventura,CA 93009 _ T•,' ,74,5,t.tEzr, ,T.e. _.‘,..-...-4-94, !!.i ,--•rlivir -,,, see :t 1,,, ..-- , , . (805)477-1600 s•*_,,,,2?„4.,--,-1:4 a _ ',4„,_,,-,111_,,,Ti. 4.121,1- 1 i'i ';:i: g 'es. ;'11,,,-,f'.:',, %....vg Fax (805)6584523 grandjury.countyofventura.org Response to Grand Jury Report Form Report Title- Campaign Contributions Transparency Report Date: December 1, 2016 Response by: Title: FINDINGS I CONCLUTIONS • I (we)agree with the findings I conclusions numbered: • I (we) disagree wholly or partially with the findings numbered: (Attach a statement specifying any portions of the findings that are disputed; Include an explanation of the reasons therefor.) RECOMMENDATIONS • Recommendations numbered have been implemented. (Attach a summary describing the implemented actions and date completed.) • Recommendations number have not yet been implemented, but will be implemented in the future. (Attach a time frame for the implementation.) • Recommendations numbered require further analysis. • Recommendations numbered will not be implemented because they are not warranted or are not reasonable. Date: Signed: Number of pages attached: 117 . Ventura County 2016 - 2017 Grand Jury Final Report Campaign Contributions Transparency Summary The 2016-2017 Ventura County Grand Jury (Grand Jury) received a complaint regarding public access to reports of monetary contributions made to candidates for public office. The Grand Jury investigated whether the County of Ventura (County) and the 10 cities within the County provided transparency by establishing user-friendly online access to such reports. The California Political Reform Act (Act) is an initiative statute passed by voters in 1974. The Fair Political Practice Commission, established by the Act, requires that all local government agencies adopt procedures for reporting monetary contributions. The Act also requires that the public have access to all records of these contributions in an accurate, timely, and transparent manner. The Grand Jury reviewed the California statutes and regulations governing monetary contributions. The Grand Jury also examined the official websites of the County and the 10 Cities within the County. In addition, the Grand Jury interviewed government officials. The Grand Jury concluded that information concerning monetary contributions to candidates for public office is available for the County and the 10 cities within the County. However, the Grand Jury found that there was a wide variation in accessibility to this information. The Grand Jury recommends that the Board of Supervisors and City Councils of the 10 cities establish a direct link on their websites' home page for easy public access to information concerning ail monetary contributions to candidates for public office. Background The Grand Jury received a public complaint regarding access to records of monetary contributions received by candidates for public office in Ventura County and the cities within Ventura County. The California Political Reform Act of 1974, GC §87100 et seq., (the Act), as amended, requires all local government agencies, including elected members of city councils and county boards of supervisors, to report monetary contributions and make the information accessible to the public. The Act created the California Fair Political Practices Commission (FPPC) which has established procedures for reporting monetary contributions and methods for sharing this information. Campaign Contributions Transparency 118 • • • Ventura County 2016 - 2017 Grand Jury Final Report The FPPC requires all candidates for public office to file Form 460 for campaign contributions of$100.00 or greater. The information on Form 460 is held indefinitely if a candidate is elected and for five years if not elected. Information on monetary contributions and contributor identity is kept by the county registrar of voters for county offices and by the city clerk for city offices. Methodology The Grand Jury reviewed applicable California State statutes and regulations governing political contributions, communicated with various government officials, and searched online for monetary contributions made to candidates for public office in the County and in each of the 10 cities within the County. Facts FA-01. The County's website provides access only to electronically-recorded monetary contributions made to candidates for public office. The searcher must follow seven individual steps before arriving at a page which requires a specific name (last name only) and a.filing date. Once the searcher gets to the "Summary Page", four additional steps are required to get to the page which documents monetary contributions. On the Summary Page it is noted: "Only transactions from electronically filed documents are available through this website. Transactions from documents filed in paper format are not viewable with this search." All records of monetary contributions made to elected County officials are available through the office of the Ventura County Clerk and Recorder/Registrar of Voters. (Ref-01) FA-02. The City of Camarillo's website does not provide access to records of monetary contributions made to candidates for public office. The information is available through the City Clerk's Office. (Ref-02). FA-03. The City of Fillmore's website does not provide access to records of monetary contributions made to candidates for public office. The information is available through the City Clerk's Office. (Ref-03) FA-04. The City of Moorpark's website does not provide access to records of monetary contributions made to candidates for public office. The information is available through the City Clerk's Office. (Ref-04) FA-05. The City of Ojai's website does not provide access to records of monetary contributions made to candidates for public office. The information is available through the City Clerk's Office. (Ref-05) FA-06. The City of Oxnard's website provides access to records of monetary contributions made to candidates for public office. From the home page: http://www.oxnard.org Click » City Departments >> City Council » Election Information Campaign Disclosures »(year) Campaign 2 Campaign Contributions Transparency 119 • ' Ventura County 2016 — 2017 Grand Jury Final Report disclosures. The information is also available through the City Clerk's Office. (Ref-06) FA-07. The City of Port Hueneme's website does not provide access to records of monetary contributions made to candidates for public office. The information is available through the City Clerk's Office. (Ref-07) FA-08. The City of Santa Paula's website does not provide access to records of monetary contributions made to candidates for public office. The information is available through the City Clerk's Office. (Ref-08) FA-09. The City of Simi Valley's website provides access to records of monetary contributions made to candidates for public office. From the home page: http://www.simivalley.oro Click » Departments » City Council » City Council Campaign Disclosures. The information is also available through the City Clerk's Office. (Ref-09) FA-10. The City of Thousand Oak's website provides access to records of monetary contributions made to candidates for public office. From the home page: http://www.toaks.org Click » Departments » City Clerk » Election Disclosures » Council Member. The information is also available through the City Clerk's Office. (Ref-10) FA-11. The City of San Buenaventura (Ventura) provides access to records of monetary contributions made to candidates for public office. From the home page: http://www.cityofventura.net Click >> Departments » City Manager >> City Clerk >> Campaign Disclosures Statements >> (Office holder by name). The information is also available through the City Clerk's Office. (Ref-11) Conclusions C-01. The County's website only provides access to transactions from electronically filed documents. However, the website is overly complicated, not intuitive, and may require the assistance of county staff in its navigation. Access to records of non-electronically filed monetary contributions requires a visit to the Registrar of Voters Office. (FA-01) C-02. The Cities of Camarillo, Fillmore, Moorpark, Ojai, Port Hueneme and Santa Paula provide access to records of monetary contributions made to their candidates for public office only through their City Clerk's Office. (FA-02, FA-03, FA-04, FA-05, FA-07, FA-08) C-03. The Cities of Oxnard, Simi Valley, Thousand Oaks and Ventura websites provide access to records of monetary contributions made to their candidates for public office through several steps. (FA-06, FA-09, FA-10, FA-11) C-04. If the format of onlineinformation was consistent, the citizens of the County would be able to easily compare records of monetary contributions made to candidates for public office. The City of Simi Valley has the most user friendly format regarding monetary contributions online. (FA-09) Campaign Contributions Transparency 3 120 • • ' Ventura County 2016 — 2017 Grand Jury Final Report Recommendations R-01. The Grand Jury recommends that the Board of Supervisors direct staff to establish a direct link on the County website homepage for public online access to records of all monetary contributions made to their candidates for public office. (C-01, C-04) R-02. The Grand Jury recommends that all cities within the County (Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Santa Paula, Simi Valley, Thousand Oaks, and Ventura) direct staff to establish a direct link on their website homepage for public online access to records of all monetary contributions made to their candidates for public office. (C-02, C-03, C-04) Responses Responses Required From: Ventura County Board of Supervisors (C-01, C-04, R-01) City Council of Camarillo (C-04, R-02) City Council of Fillmore (C-04, R-02) City Council of Moorpark (C-04, R-02) City Council of Ojai (C-04, R-02) City council of Oxnard (C-04, R-02) City Council of Port Hueneme (C-04, R-02) City Council of Santa Paula (C-04, R-02) City Council of Simi Valley (R-02) City Council of Thousand Oaks (C-04, R-02) City Council of Ventura (C-04, R-02) References Ref-01. Navigation directions for records of monetary contributions made to candidates for public office on the County website (http://www.ventura.orq): (accessed October 5, 2016) • Click » Government • Click » Elected Officials ® Click » Clerk/Records • Click » Elections (at top of page) ® Click » Candidates & Campaigns • Click » Campaign Finance E-Filing System 4 Campaign Contributions Transparency 121 . Ventura County 2016 — 2017 Grand Jury Final Report ® Click » Public Access Portal ® Fill out information for candidate on Search Page, Click >> Search for Summary Page ® For further itemized information, Clear the Summary Page, then Click » Advanced Search ® Fill out information data form, using only last name of official and specifying a date and dollar range to search ® Click » Transactions Search • Select a specific transaction, Click >> Search Ref-02. http://www.cityofCamarillo.orq (accessed October 5, 2016) Ref-03. http://www.Filmore.ca.com (accessed October 5, 2016) Ref-04. http://www.cityofMoorpark.gov (accessed October 5, 2016) Ref-05. http://www.Ojaicity.org (accessed October 5, 2016) Ref-06.. http://www.Oxnard.orq (accessed October 5, 2016) Ref-07. http://www.ciPort/Hueneme.ca.usa (accessed October 5, 2016) Ref-08. http://www.ciSanta/Paula.ca.usa (accessed October 5, 2016) Ref-09. http://www.simivalley.org (accessed October 5, 2016) Ref-10. http://www.toaks.orq (accessed October 5, 2016) Ref-11. http://www.cityofventura.net (accessed October 5, 2016) Campaign Contributions Transparency 5 122 - • Ventura County 2016 — 2017 Grand Jury Final Report Glossary TERM DEFINITION California Political An initiative statute passed by the voters of Reform Act or the Act California in 1974 establishing the Fair Political Practices Commission which, among other responsibilities, regulates campaign financing County County of Ventura Direct link A connection from a homepage involving no more than one step or"click" FPPC California Fair Political Practices Commission Grand Jury 2016-2017 Ventura County Grand Jury Home Page The opening page of the County's or City's official website Political Contributions Money contributed to a candidate for public office or an elected official Ventura City of San Buenaventura 6 Campaign Contributions Transparency 123 ATTACHMENT 2 Response to Grand Jury Report Form Report Title: Ventura County Grand Jury 2016-2017 Final Report — Campaign Contributions Transparency Report Date: December 1, 2016 Response by: City Council of the City of Moorpark FINDINGS / CONCLUSIONS • We agree with the findings /conclusion numbered: C-04 RECOMMENDATIONS • Recommendation numbered R-02 will be implemented upon the filing of Semi-Annual Campaign Contribution statements with a due date of January 31, 2017. Date: January 19, 2017 Signed: Steven Kueny, City Manager Number of pages attached: 1 124