FROM:
City Clerk
SUBJECT:
Title
Adoption of Ordinance No. 1942 (Second Reading)
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RECOMMENDATION:
Recommendation
Adopt Ordinance No. 1942 on Second Reading, an Ordinance of the City Council of the City of Fontana, amending Article III to Chapter 7 of Fontana Municipal Code Regarding Electronic and Paper Methods of Filing Campaign Disclosure Statements.
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COUNCIL GOALS:
• To operate in a businesslike manner by becoming more service oriented.
• To operate in a businesslike manner by improving services through the effective use of technology.
• To improve public safety by increasing operational efficiency, visibility, and availability.
• To increase citizen involvement by utilizing technology to promote communication and linkages in the community
DISCUSSION:
On February 8, 2022, the City Council adopted Ordinance 1878 amending Chapter 7 of the Fontana Municipal Code adding Article III related to electronic and paperless filing of statutory Fair Political Practices Commission (FPPC) economic and financial disclosure statements by elected officials, candidates, or committees. Upon adoption of Ordinance 1878, the City Council approved an opt-in/opt-out option for electronic filing which allows for the submission of paper filings. Manual submissions of economic and financial disclosure statements can be inefficient, error-prone, and resource-intensive with staff having to manually redact and upload statements to the City’s website in accordance with Assembly Bill 2151 which mandates that all campaign reports and statements filed in paper format be made available online on the local agency’s website within 72 hours after the filing deadline.
In addition to increased efficiency, mandating electronic filing will eliminate the need for wet signatures, will redact statements posted online, and will automatically link to the FPPC’s system. If approved, all filers will be required to submit their statutory filings through the automated system, and paper filings will no longer be accepted. However, to support the City’s efforts towards diversity, equity and inclusion, the Deputy City Clerk, as the City’s filing officer, will have the right to accept a paper filing in lieu of electronic filing at the Deputy City Clerk’s discretion and to accommodate an Americans with Disabilities Act (ADA) request. Examples of exceptions may include limited access to an electronic device or internet connection.
The City Clerk’s Office currently uses NetFile, a hosted solution created specifically for cities and counties responsible for administering campaign finance filings and statements of economic interest, which meets the requirements of the Secretary of State and allows for electronic and paperless filing of campaign statements. NetFile is widely used by other agencies in the region and throughout California. The NetFile system operates securely and effectively at no cost to filers. It does not place an undue burden on filers and includes procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury. It is also available to the public to view filings.
For the City of Fontana to mandate electronic filing of statements, the City Council must amend Chapter 7, Article III of the Fontana Municipal Code. Mandating electronic filing of economic and financial disclosure statements offers a comprehensive set of benefits that promote transparency, accuracy, efficiency, and accessibility in electoral finance reporting, ultimately strengthening the integrity of democratic processes.
Ordinance No. 1942 was introduced by a vote of 4-1 at the March 26, 2024, Regular City Council meeting.
FISCAL IMPACT:
Mandating electronic filing of economic and financial disclosure statements can result in a significant cost savings by eliminating the need for paper forms, printing, postage, and manual data entry while increasing the overall efficiency of campaign finance reporting. Additionally, funding for Netfile’s services is included in the Fiscal Year 2023/2024 City Clerk’s Operating Budget in the General Fund #101, budget unit 10122000.
MOTION:
Approve staff recommendation.