Petaluma Municipal Code Ch. 1.30 Petaluma Campaign Finance

Prior legislation: Ord. 2106 NCS.

1 Editor’s Note: Prior ordinance history includes portions of Ordinance No. 2106.

2 Editor’s Note: Pursuant to Section 2 of Ordinance No. 2198 NCS, the city of Petaluma shall reimburse the

oMce of the district attorney for all expenses incurred in enforcing Chapter 1.30.

This chapter shall be entitled "Petaluma Campaign Finance." (Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

To assure the public that:

A. Excessive campaign costs and large contributions do not cause corruption or the appearance of corruption in

the election process;

B. Large campaign contributions will not be used to buy political access or to inLuence governmental actions;

C. Access to large amounts of money will not be a prime requirement for participation in the political process;

D. They are fully informed of the contributors to political campaigns.

(Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

This chapter is intended to supplement the Political Reform Act of 1974 (Government Code Title 9, §§ 81000 et

seq.). Unless a word or term is speciKcally deKned in this chapter, or the contrary is stated or clearly appears from

the context, words and terms used herein shall have the same meaning as deKned or used in Title 9 of the

California Government Code, in which the Political Reform Act of 1974 is codiKed, and as supplemented by the

Regulations of the Fair Political Practices Commission as set forth in Title 2, Division 6 of the California Code of

Regulations, as the same may be, from time to time, amended. If a deKnition of any word or term deKned in this

chapter is preempted by the provision of the Political Reform Act or the Regulations of the Fair Political Practices

Commission, then the deKnition in said Act and Regulations shall prevail. (Ord. 2198 NCS §1, 2004; Ord. 2156 NCS

§1, 2003.)

A. "Person" means an individual, proprietorship, Krm, partnership, joint venture, syndicate, business trust,

company, corporation, limited liability company, association, committee, and any other organization or group of

persons acting in concert.

B. "City election" means any general election, special election or recall election.

C. "Election cycle" means the applicable period as set forth in Section 1.30.035.

D. "Candidate" means any person who is a candidate for mayor or city council for the city of Petaluma, including

incumbent mayor or council members, appointed or elected whether or not a candidate for reelection.

E. "Indebted former candidate" means a person who was a candidate for mayor or city council at any city

election and who has campaign debt remaining from such election after expiration of the election cycle for the

oMce of which he or she was a candidate.

(Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

A. No candidate for city council or mayor, or candidate committee, or council member or mayor shall solicit or

accept any contribution, including any "in-kind" contribution, that will cause the total contributions to that

candidate from any person to exceed two hundred dollars during any election cycle. The receipt of any

contribution which would cause the total amount of contributions to a candidate from a single person to exceed

two hundred dollars shall promptly return any such excess to the donor. The provisions of this section shall not

apply to contributions by a candidate for city council or mayor of his or her own funds to his or her own controlled

committee. Contributions by the spouse of a candidate for city council or mayor from such spouse’s separate

property shall be subject to the contribution limits.

B. Elective Council Members and Candidates with Outstanding Debt from Prior Election. No person shall make, and

no mayor or city council member or indebted former candidate, or treasurer of any controlled committee of any

mayor or city council member or indebted former candidate, shall solicit or accept any contributions for the

purpose of retiring outstanding debt from a prior city election which would cause the total amount contributed by

such person to such mayor or council member or indebted former candidate or to his or her controlled committee, to exceed two hundred dollars for the election in which the outstanding debt was incurred, regardless

of when the contribution(s) is made or received.

C. Recall Elections. The contribution limitations set forth in subsection A above shall also apply to any committee

which collects contributions for the purpose of making expenditures in support of or opposition to the recall of a

mayor or city council member, and to contributions received by such mayor or city council member during a recall

election cycle as deKned in Section 1.30.035.

D. Candidate’s Personal Funds. The provisions of this section shall not apply to a candidate’s contribution of his or

her personal funds to his or her own controlled committee. Contributions by the spouse of a candidate from such

spouse’s separate property shall be subject to the contribution limitations set forth in subsection A.

(Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

A. General Elections. For purposes of any election for city council or mayor, the term election cycle as used in this

chapter shall mean the period commencing on January 1 of the year following a year in which a city council

election is held and ending on December 31 of the year in which the next succeeding election is held.

B. Special Elections. For purposes of any special election for city council or mayor, the term election cycle as used

in this chapter shall mean the period commencing on the date a special election is called by the city council and

ending on the thirtieth day following said special election.

C. Recall Elections. For purposes of any recall election for city council or mayor, the term election cycle as used in

this chapter shall mean the period commencing on either the date a committee is formed pursuant to the Political

Reform Act in support of a recall election or the date the city clerk approves a recall petition for circulation and

gathering of signatures, whichever occurs earlier, and ending on the thirtieth day following the Krst to occur of any

the following:

1. The time provided by law for the gathering of signatures on recall petitions expires without suMcient

recall petition signature having been Kled with the city clerk to require a recall election;

2. All committees formed in support of the recall have been terminated pursuant to the provisions of the

Political Reform Act;

3. The date the recall election is held.

D. Campaign Debt. Nothing in this chapter shall prohibit indebted candidates and/or their controlled campaign

committee from soliciting and receiving funds to pay oN their campaign debt in accordance with the provisions of

Section 1.30.030, after the end of the election cycles deKned above.

(Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

A. Each candidate for city council or mayor, or candidate committee, or council member or mayor, shall provide

detailed itemization, as deKned in the California Political Reform Act of 1974, for all contributions received in

excess of twenty-Kve dollars.

B. Each candidate for city council or mayor, or candidate committee shall Kle a third pre-election Campaign

Disclosure Statement (Form 460 or any successor form thereto), as provided by the California Fair Political

Practices Commission for the period from the end of the period covered by the second preelection statement to

eleven Kfty-nine p.m. on the third business day immediately preceding election day (normally Thursday). Such

statement shall be Kled with the clerk of the city of Petaluma by Kve p.m. on the second business day immediately

preceding election day (normally Friday).

C. Each candidate, and each committee making independent expenditures, who sends a mailing or distributes

more than two hundred substantially similar pieces of campaign literature shall send a copy of the mailing or

other literature to the city clerk at the same time the mailing or other literature is given to the post oMce or

otherwise distributed. During the election campaign, the city clerk merely serves as a repository for such literature

and shall not judge or comment on the contents of such literature.

(Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

A. Any elected oMcer, candidate, committee, or other person required to Kle statements, reports, or other

documents ("statements") as required by Chapter 4 of the Political Reform Act (Government Code Section 84100 et

seq.) shall Kle such statements using the city clerk’s online system according to procedures established by the city

clerk. These procedures shall ensure that the online system complies with the requirements set forth in

Government Code Section 84615. Elected oMcers, candidates, or committees required to Kle statements must Kle

such statements using the city clerk’s online system, unless exempt from the requirement to Kle online pursuant

to Government Code Section 84615(a) because the oMcer, candidate, or committee receives less than two

thousand dollars in contributions and makes less than two thousand dollars in expenditures in a calendar year.

B. All other individuals required to Kle statements of economic interest pursuant to Chapter 7 of the Political

Reform Act (Government Code Section 87200 et seq.) or the city’s adopted conLict of interest code shall Kle

electronically using the city clerk’s online system.

C. Any elected oMcer, candidate, or committee who has electronically Kled a statement using the city clerk’s

online system is not required to Kle a copy of that document in paper format with the city clerk.

D. The city clerk shall issue an electronic conKrmation that notiKes the Kler that the statement was received; the

notiKcation shall include the date and the time that the statement was received and the method by which the Kler

may view and print the data received by the city clerk. The date of Kling for a statement Kled online shall be the

day that it is received by the city clerk.

E. The online Kling system shall ensure the integrity of the data transmitted and shall include safeguards against

eNorts to tamper with, manipulate, alter, or subvert the data.

F. The online Kling system shall enable electronic Klers to complete and submit Klings free of charge.

G. The online Kling system shall only accept a Kling in the standardized record format that is developed by the

California Secretary of State pursuant to Government Code Section 84602(a)(2) and that is compatible with the

Secretary of State’s system for receiving an online or electronic Kling.

H. The online Kling system shall include a procedure for Klers to comply with the requirement that they sign

statements under penalty of perjury pursuant to Government Code Section 81004.

I. If the city clerk’s system is not capable of accepting a statement due to technical diMculties, an elected oMcer,

candidate, or committee shall Kle that statement in paper format with the city clerk.

J. The city clerk’s system shall make all the data Kled available on the city’s webpage in an easily understood

format that provides the greatest public access. The data shall be made available free of charge and as soon as

possible after receipt. The data made available on the city’s webpage shall not contain the street name and

building number of the persons or entity representatives listed on the electronically Kled forms or any bank

account number required to be disclosed by the Kler. The city clerk’s oMce shall make a complete, unredacted

copy of the statement, including any street names, building numbers, and bank account numbers disclosed by the

Kler, available to any person upon request.

K. The city clerk’s oMce shall maintain, for a period of at least ten years commencing from the date Kled, a

secured, oMcial version of each online or electronic statement which shall serve as the oMcial version of that

record for purpose of audits and any other legal purpose.

(Ord. 2751 NCS §3, 2020.)

The contributions of any person whose contributions are directed and controlled by another person shall be

aggregated with those of the controlling person for purposes of the contribution limits. Contributions by a married

person shall be treated as the separate contributions of such person and shall not be aggregated with any

contributions of the spouse of such person. (Ord. 2198 NCS § 1, 2004; Ord. 2156 NCS §1, 2003.)

A. A loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject

to the contribution limitations of this chapter.

B. The proceeds of a loan made to a candidate for city council or mayor by a commercial lending institution in

the regular course of business on the same terms available to members of the public shall not be subject to the

contribution limitations of this chapter if the loan is made directly to the candidate. The guarantors of such a loan

shall remain subject to the contribution limits of this chapter.

C. Extensions of credit (other than loans pursuant to subsection B) for a period of more than thirty days are

subject to the contribution limitations of this chapter.

1. An "extension of credit" means the provision of goods or services for which payment in full is not

received. An extension of credit is deemed to begin by the earlier of two dates:

a. Fifteen days after the date speciKed on the invoice for payment; or

b. Forty-Kve days from the date the goods or services were delivered.

2. "Payment in full" means payment of not less than fair market value for the goods or services provided.

3. An extension of credit for a period of more than thirty days is a contribution subject to the contribution

limitations of the chapter, except as provided in paragraph 5, d, e, f and g of this subsection.

4. If a candidate or a candidate’s controlled committee has an extension of credit for more than thirty days

outstanding with a provider or vendor of goods or services, any additional credit extended to the candidate or

the candidate’s controlled committee by the same provider or vendor of goods or services shall be a

contribution to the candidate or the candidate’s controlled committee from the person subject to all of the

contribution limitations of the Act.

5. If all of the following criteria are satisKed by a provider or vendor of goods or services, it shall (i) be a

complete defense for the provider or vendor of the goods or services in any enforcement action initiated by

the city, and (ii) relieve the provider or vendor of the goods or services of any reporting requirements of this

title;

a. The credit arrangement was recorded in a written instrument;

b. It is a primary business of the provider or vendor of goods or services to provide similar goods or

services;

c. The provider or vendor of goods or services provided the goods or services in the ordinary course of

business and on the same terms and conditions oNered to customers generally;

d. The provider or vendor of goods or services did not have actual knowledge that the candidate or

committee would not be able to pay within the time limit speciKed in subsection (a);

e. The provider or vendor of goods or services made reasonable eNorts to collect the full amount of

the payment owed within one hundred twenty days of the date speciKed in subsection (a);

f. The provider or vendor of goods or services entered into the agreement with the intent that the

candidate or committee would be required to pay within the time limit speciKed in subsection (a); and,

g. The provider or vendor of goods or services did not extend any additional credit to the candidate or

the candidate’s controlled committee when the candidate or the candidate’s controlled committee

already had an extension of credit for more than thirty days outstanding with the same provider or

vendor of goods or services as provided in paragraph 5, d.

D. This section shall apply only to loans and extensions of credit used or intended for use for campaign

purposes or which are otherwise connected with the holding of public oMce.

(Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

A. Any mayor or city council member or indebted former candidate, or any controlled committee of any such

oMcer or candidate, accepting any contribution(s) for the purpose of retiring outstanding debt from a prior city

election and required by city or state law to report such contributions on Schedule A of Fair Political Practices

Commission Form 460, or any successor form thereto, shall, at the time required for the reporting of such

contributions on Schedule A and in addition to any other reporting requirements under state law, clearly

designate on said Schedule A which contributions were received for the purpose of retiring outstanding debt and

for which prior city election such contributions were received.

B. Any contribution accepted for the purpose of retiring outstanding debt from a prior city election shall be

applied to reduce or retire said outstanding debt in the same reporting period in which such contribution was

accepted. The application of any contribution to retire outstanding debt from a prior city election (i.e., repayment

of outstanding loans and payment of accrued expenses) shall be itemized and identiKed on the appropriate

schedules and on the Summary Page of Form 460, or any successor form thereto, provided by the Fair Political

Practices Commission.

C. If the mayor or city council member or indebted former candidate, or a controlled committee of any such

oMcer or candidate, receives contributions for the purpose of retiring outstanding debt from a prior city election

and the amount of the contributions exceeds the amount of the debt, the excess funds may be used for any other

campaign or oMceholder expense and shall not be subject to the aggregation requirements set forth in Section

1.30.042 in the election cycle in which the excess funds are expended.

(Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

A. A candidate for city council or mayor shall have no more than one controlled committee and such controlled

committee shall have only one bank account out of which all qualiKed campaign and oMceholder expenses related

to that oMce shall be made.

B. This section does not prevent a candidate for city council or mayor or a city council member or mayor from

establishing another controlled committee solely for the purpose of running for a state, federal, county or other

elective oMce, or for opposing his or her recall.

(Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

A. Any person or entity making independent expenditures which aggregate in excess of twenty-Kve dollars

during any election cycle shall deliver notice in writing of such independent expenditure, as well as the amount of

such expenditure, and a detailed description of the use of such independent expenditure. Such notice shall be

Kled with the city clerk on a form prepared by the city clerk for such purpose. The notice shall speciKcally state the

name of the candidate or candidates whom the independent expenditure is intended to support or oppose and

shall also include the information required to be provided in the Campaign Disclosure Statement (Form 465 or any

successor form thereto) as provided by the California Fair Political Practices Commission. Each independent

expenditure shall require delivery of a new notice. Such notice shall be Kled for the same reporting periods and be

the same deadlines as are expenditures by candidates pursuant to the California Fair Political Act and by Section

1.30.040(B) of this chapter.

B. Any person or entity making an independent expenditure in excess of twenty-Kve dollars shall disclose in any

political message produced by the expenditure, the full name, address, and phone number of the person or

organization, the name of the registered agent, the amount of the expenditure, and the speciKc statement that the

advertisement of material is not authorized by any candidate. Persons or organizations who make independent

expenditures for or against a candidate or committee shall indicate clearly on any material published, displayed or

broadcast that it was not authorized by a candidate or committee controlled by a candidate. Such disclosure shall

be printed in 12-point type or larger in any printed materials, and prominently displayed in any non-printed

materials or message.

(Ord. 2198 NCS §1, 2004; Ord. 2156 NCS §1, 2003.)

A. No Criminal Penalties. Notwithstanding any other provision of the Petaluma Municipal Code, any violation of

any provision of this chapter shall be enforceable solely as provided in this section.

B. Civil Liability. Any person who fails to comply with any provision or requirement of this chapter shall be strictly

liable to the city of Petaluma in a sum not to exceed the following amount for each such violation:

1. For the making or accepting of any contribution in excess of the applicable contribution limits speciKed

in this chapter, a sum equal to three times the amount by which the contribution exceeds the applicable

contribution limit, or the sum of Kve hundred dollars, whichever is greater, for each violation.

2. For any other violation of this chapter, the sum of Kve hundred dollars for each violation.

C. Right to Cure Unknowing Violation. In the event a candidate accepts a contribution and then becomes aware it

is in violation of the contribution limit, that violation by the candidate may be excused if the candidate returns the

contribution or contributes it to the City General Fund within fourteen days of becoming aware of the violation.

D. Debt Owing to City. Any amount due from any person pursuant to subsection B above shall be a debt due and

owing upon demand to the General Fund of the city of Petaluma.

E. Civil Action to Collect Debt and Obtain Other Relief. The district attorney of the county of Sonoma shall Kle and

prosecute a civil action in superior court, to recover any amount(s) due and owing to the city of Petaluma by any

person pursuant to this section, or to enjoin any violation or otherwise compel compliance with the requirements

of this chapter.

F. Limitations of Actions. No civil action shall be brought under the provisions of this section unless said action is

Kled within one year following the date of such violation.

G. Remedial Measures. If the district attorney determines or believes that any person (the target party) has

violated any provision of this chapter, the district attorney may, at his or her sole discretion, advise the target party

of remedial measures which may be taken by the target party to avoid possible civil action (the "remedial

measures"). Such remedial measures may, but need not necessarily, include the payment of a civil Kne to the city.

Nothing contained herein shall be deemed to require the district attorney to oNer remedial measures to any

target party. In the event the target party is oNered and timely performs such remedial measures to the

satisfaction of the district attorney, the district attorney shall advise the target party (and any person who, in

writing, informed or complained to the district attorney concerning any such violation), in writing, that the alleged

violation has been resolved (the "letter of resolution") and, in such event, no civil action shall thereafter be Kled or

maintained relating to such alleged violation of this chapter.

(Ord. 2198 NCS §1 part), 2004; Ord. 2156 NCS §1, 2003.)

The Petaluma Municipal Code is current through Ordinance 2916 NCS, passed December 1, 2025.

Disclaimer: The city clerk’s oMce has the oMcial version of the Petaluma Municipal Code. Users should contact the

city clerk’s oMce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

Hosted by General Code.