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Ordinance 2010-349
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Ordinance 2010-349
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Last modified
9/30/2010 12:24:12 PM
Creation date
9/30/2010 12:23:29 PM
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CityClerk-Ordinances
Ordinance Number
2010-349
Date (mm/dd/yyyy)
09/10/2010
Description
Amd Chap. 33, Post Employment Restrictions under the City’s Ethics Code
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<br />3) CAMPAIGN FINANCE REFORM <br /> <br />The EIA Task Force took notice of state laws and local ordinances that impose restraints <br />against special classes of campaign contributors and fundraisers who regularly interact <br />with government.3 Vendors, lobbyists and real estate developers are generally invested in <br />the affairs of local government and many also understand the benefit of becoming active <br />in the political campaigns of individuals running for office. The recommendations <br />endeavor to accomplish two objectives: 1) Prohibit contributions from a class of <br />contributors and fundraisers who have a direct financial interest in the actions of the <br />public officials whom they help elect and 2) Prohibit the candidates from accepting <br />campaign contributions or other forms of assistance from the abovementioned parties. <br />The public needs assurances that local elected officials will not favor special interests that <br />have assisted them in their bid to gain elective office at the expense of others who may <br />have chosen not to offer the same level or type of support. <br /> <br />1. No vendor shall give a campaign contribution directly or indirectly to a <br />candidate or to the campaign committee of a candidate. A vendor who <br />violates this provision shall be disqualified from serving as vendor for a <br />period of 12 months. No real estate developer shall give a campaign <br />contribution directly or indirectly to a candidate or to the campaign <br />committee of a candidate and a real estate developer may not make <br />contribution within 12 months after the termination of its status as a real <br />estate developer. Violations of this section shall subject the real estate <br />developer to a fine. <br /> <br />Rationale: If a ban on contributions from vendors and real estate developer is to <br />have any meaning, the vendors/real estate developers must face serious <br />consequences for violating this ban. Disqualification of the vendor for a limited <br />period of time accomplishes this purpose, as does imposing a substantial fine on a <br />real estate developer. Conditions may exist for limited waiver. <br /> <br />2. No candidate or campaign committee of a candidate shall deposit into the <br />candidate's campaign account any contribution directly or indirectly from a <br />vendor, lobbyist or real estate developer. Violations of this section shall <br />subject the candidate to a fine. <br /> <br />3 Cal. Gov. Code Section 85702 (2008); KRS Section 6.811 (6) (2007) and S.c. Code Section 2-17-80 (A) <br />(2007) have banned lobbyists from contributing to the campaigns of whom they may lobby at all times. <br />S.c. Code Section 8-13-1342 (2007) bans any party or corporation awarded a no-bid contract with the state <br />or any of its political subdivisions from contributing to a public official who was in a position to act on the <br />contract award. The states of Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Oregon, Texas and <br />Virginia have banned contributions from licensees such as gambling or casino licensees, lottery vendors <br />and contractors and horse racing organizations. Closer to home, the City of Miami Beach enacted Sections <br />2-487 to 490 in 2003, amended in 2005, banning contributions from lobbyists, contractors and real estate <br />developers. Lastly, Miami-Dade County implemented a ban on all corporate contributions. (See Ord. No. <br />98-183, later repealed by Ord. No. 05-214) <br /> <br />16 <br />
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