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Home My WebLink About2014 04 28 Public Hearing 501 First Reading Ordinance 2014-11, Electronic Filing of Campaign Reports COMMISSION AGENDA Informational Consent ITEM 501 Public Hearings X Regular April 28, 2014 KS ALLL Regular Meeting City Manager Department REQUEST: At the request of the City Clerk, the City Attorney has prepared, and requests that the City Commission consider adopting, Ordinance 2014-11, which would eliminate the duplicative requirement that an original paper copy of an election campaign treasurer's report be filed with the City in addition to existing electronic filing requirements. SYNOPSIS: Currently, candidates running for a City office electronically file campaign treasurer's reports with the office of the Seminole County Supervisor of Elections, and are obligated by City Code to additionally file an original paper copy of the report with the City Clerk. If adopted, Ordinance 2014-11 would eliminate the duplicative requirement that a paper copy of the campaign treasurer's report is filed with the City Clerk's office. CONSIDERATIONS: 1. In 2009, the City Commission adopted Ordinance 2009-09, which requires campaign treasurer reports to be filed electronically with the Seminole County Supervisor of Elections and additionally requires filing of an original paper copy with the City Clerk's office. 2. Ordinance 2014-11 would streamline and simplify the process for filing of campaign treasurer's reports by eliminating the redundant requirement that paper copies of reports be filed with the City Clerk's office in addition to the electronic filing requirements. 3. Pursuant to Ordinance 2014-11, candidates for elected City offices would still be Public Hearings 501 PAGE 1 OF 2-April 28,2014 required to electronically file such reports with the Seminole County Supervisor of Elections. 4. 4.Once an electronic copy of the campaign treasurer's report is filed electronically with the County Supervisor of Elections, the City Clerk's office will retrieve a copy of such report for the City's file. FISCAL IMPACT: There may be nominal fiscal impact associated with this item in connection with the elimination of administrative costs of filing paper documents within the City Clerk's office. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. With the First Reading of Ordinance 2014-11 planned for consideration by the City Commission on April 28, 2014, Ordinance 2014-11 was sent in to be advertised in the Orlando Sentinel newspaper, with a planned publication date of Sunday, April 21, 2014. Second Reading is planned for the City Commission Regular Meeting of May 12, 2014. RECOMMENDATION: At the request of the City Clerk, the City Attorney requests that the City Commission consider Ordinance 2014-11 on first reading. ATTACHMENTS: A: Ordinance 2014-11 (3 pages) B: Copy of Legal Advertisement of Ordinance 2014-11 (1 page) Public Hearings 501 PAGE 2 OF 2-April 28,2014 Attachment"A" ORDINANCE NO. 2014-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; REGARDING ELECTIONS; AMENDING CHAPTER 2, ARTICLE IV, OF THE CITY CODE TO SIMPLIFY THE PROCESS FOR FILING CAMPAIGN FINANCE REPORTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 106.07(2)(a)(2), Florida Statutes, allows political subdivisions, by ordinance or resolution, to require that all candidates for municipal office file campaign reports electronically; and WHEREAS, the Seminole County Supervisor of Elections has requested that all candidates for municipal office utilize the electronic reporting system provided by the County Supervisor of Elections; and WHEREAS, the uniform electronic filing of campaign reports by all candidates for County or Municipal office facilitates public access to campaign finance information; and WHEREAS, the City Commission desires to amend section 2-97 of the City Code, to further streamline and simplify the electronic filing process by eliminating the duplicative requirement that an original paper copy of the campaign treasurer's report be filed with the City in addition to the electronic filing requirements; and WHEREAS,the City Commission of the City of Winter Springs,Florida,hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, City of Winter Springs Ordinance No.2014-11 Page 1 of 3 Chapter 2, A'ticle IV, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Sec. 2-97. Electronic filling of campaign finance reports required. All candidates for elected office in the City of Winter Springs shall electronically file their campaign treasurer's reports required by State law utilizing with the o ffee orthe Seminole County Supervisor of Elections Office's electronic filing system. : - ' • •-_ . -- • ; ' , -••'• =• �' ' _• - = - - - • • =••. The electronic filing deadline for a completed campaign report shall be the same as the deadline established by law for filing an original paper copy of the report with the city's filing officer. "L• _ - _- . - - - - .' __ - • __ • - _ • _ - Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section S. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. City of Winter Springs Ordinance No.2014-11 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2014. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No,2014-11 Page 3 of 3