Ordinance (ID # 1842)Meeting of November 28, 2017

MEETING DATE:November 28, 2017

FROM:Valerie Manning

SUBJECT:SECOND READING - Ordinance 2997 An Ordinance of the City Commission of the City of Holly Hill, Florida, by Adding a New Section to the Holly Hill Code of Ordinances, "Campaign Treasurer's Reports - Electronic Campaign Filing", Requiring Electronic Filing of Campaign Treasurer's Reports with the Volusia County Supervisor of Elections Office's Electronic Filing System; Providing for Conflicting Ordinances; Providing for Severability; and Providing an Effective Date.

NUMBER:(ID # 1842)

APPLICANT:

PLANNER:

DISCUSSION:
This Ordinance offers an opportunity for Holly Hill candidates to file campaign reports electronically beginning January 2018. This would be in lieu of paper reports being turned in to the City Clerk. Candidates would file directly with the Supervisor or Elections, electronically.

Once a candidate for elected office in the City of Holly Hill has filed their Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates (DS-9) form with the City Clerk:

1.The City Clerk will forward a copy of the Appointment of Campaign Treasurer
and Designation of Campaign Depository for Candidates (DS-DE 9) as submitted, to the Volusia County Supervisor of Elections.

2.The Candidate will then be contacted by the Volusia County Supervisor of Elections office to set up a “Candidate ID” and “Password” which is needed to log into the Supervisor of Elections’ Candidate Financial Reporting System.

3.The Candidate and their Campaign Treasurer will be assigned PIN numbers
(both will have to enter their PIN’s in order to submit and print reports from the Candidate Financial Reporting System).

The City Clerk would still be responsible for the candidates and whether reports are filed, and on time. The Supervisor of Elections Office would be the conduit and/or portal to provide the means to file electronically.

The City Clerks within Volusia County were sent an email from the Supervisor of Elections to introduce the opportunity to draft an ordinance and seek the approval from their City Commission/Council members to pass. Once adopted, the City Clerk will forward the Ordinance to the Volusia County Supervisor of Elections Office for their records.

FISCAL ANALYSIS:
N/A

STAFF RECOMMENDATION:
Approve Ordinance 2997 on second reading and approve as submitted by staff.

COMMISSION GOAL:
N/A

MOTION:
APPROVE SECOND READING OF ORDINANCE 2997,BY ADDING A NEW SECTION TO THE HOLLY HILL CODE OF ORDINANCES, “CAMPAIGN TREASURER’S REPORTS - ELECTRONIC CAMPAIGN FILING,” REQUIRING ELECTRONIC FILING OF CAMPAIGN TREASURER’S REPORTS WITH THE VOLUSIA COUNTY SUPERVISOR OF ELECTIONS OFFICE’S ELECTRONIC FILING SYSTEM.

History:

11/14/17City CommissionAPPROVED AT 1ST READING Next: 11/28/17

Mayor Penny opened public participation. No one spoke.

Ordinance No. (ID # 1842)

SECOND READING - Ordinance 2997 An Ordinance of the City Commission of the City of Holly Hill, Florida, by Adding a New Section to the Holly Hill Code of Ordinances, "Campaign Treasurer's Reports - Electronic Campaign Filing", Requiring Electronic Filing of Campaign Treasurer's Reports with the Volusia County Supervisor of Elections Office's Electronic Filing System; Providing for Conflicting Ordinances; Providing for Severability; and Providing an Effective Date.

ORDINANCE 2997

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF HOLLY HILL, FLORIDA, BY ADDING A NEW SECTION TO THE HOLLY HILL CODE OF ORDINANCES, “CAMPAIGN TREASURER’S REPORTS - ELECTRONIC CAMPAIGN FILING,” REQUIRING ELECTRONIC FILING OF CAMPAIGN TREASURER’S REPORTS WITH THE VOLUSIA COUNTY SUPERVISOR OF ELECTIONS OFFICE’S ELECTRONIC FILING SYSTEM; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Holly Hill is granted authority under Section 106.07(2)(a)2, Florida Statutes, to impose upon its own officers and candidates electronic filing requirements not in conflict with Section 106.0705, Florida Statutes; and

WHEREAS, the City of Holly Hill recognizes that a requirement that all candidates for municipal office file campaign finance reports electronically is not in conflict with the provisions of Section 106.0705, Florida Statutes; and

WHEREAS, all candidates for municipal office will utilize the Online Treasurer Reporting System maintained and operated by the Volusia County Supervisor of Elections Office; and

WHEREAS, the City Clerk along with the public will have prompt access to campaign finance reports electronically filed with the Volusia County Supervisor of Elections; and

WHEREAS, the Florida Legislature has significantly increased the frequency of filing campaign finance reports required under Section 106.07, Florida Statute, effective November 1, 2013, by now requiring monthly reports to be filed from the time the campaign treasurer is appointed with additional reports due on the 25th, 11th, and 4th day prior to the election; and

WHEREAS, the City of Holly Hill finds and determines that uniform electronic filing of campaign finance reports by all municipal candidates will facilitate expanded public access to campaign finance information and conserve City of Holly Hill resources leading to greater efficiency.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF HOLLY HILL, FLORIDA:

SECTION 1. The statements contained in the above whereas clauses are adopted and ratified as the legislative findings and intent of the City Commission for the City of Holly Hill as if fully set forth herein as the legislative intent and findings of the City Commission.

SECTION 2.Adding the following new section of the Holly Hill Code of Ordinances, “Campaign Treasurer’s Reports - Electronic Campaign Filing” to read as follows:

All candidates for elected office in the City of Holly Hill shall electronically file their campaign treasurer’s reports required by state law utilizing the Volusia County Supervisor of Elections Office’s electronic filing system. Campaign treasurer’s reports electronically filed as required by this section shall be deemed filed with the City Clerk simultaneously upon the Volusia County Supervisor of Elections Office’s receipt of the electronic filing.

SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this ordinance which can be given effect without the invalid provision or application.

SECTION 4. That this Ordinance shall become effective immediately upon its adoption.

APPROVED AND AUTHENTICATED on this 28th day of NOVEMBER, 2017, for second reading.

RESULT:ADOPTED AT 2ND READING [UNANIMOUS]

MOVER:Penny Currie, District 2 - Commissioner

SECONDER:Chris Via, District 4 - Commissioner

AYES:Byrnes, Currie, Via, Penny

ABSENT:Danio

Updated: 11/16/2017 10:10 AM Page 1