HomeMy WebLinkAboutRES NO 044-2021RESOLUTION NO. 04 4 0 2 0 2 1.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD, CALIFORNIA, ADOPTING A "NO CAMPAIGN
CONTRIBUTION LIMIT" FOR CANDIDATES FOR ELECTION TO
CITY OFFICES.
WHEREAS, the City of Bakersfield ("City") currently does not have
established local limits for campaign contributions to candidates for elective City
offices; and
WHEREAS, beginning January 1, 2021, Government Code §85301, et. seq.
imposes a default campaign contribution limit (currently $4,700 per election)
upon cities and counties without campaign contribution limits; and
WHEREAS, the State contribution limit amount is adjusted in January of every
odd -numbered year to reflect any increase or decrease in the Consumer Price
Index by the Fair Political Practices Commission ("FPPC") pursuant to Government
Code §§ 85301 and 83124; and
WHEREAS, Government Code §85702.5 further permits a city (by resolution
or ordinance), to establish its own campaign contribution limits that are different
from what is established by state law, whether higher or lower; and
WHEREAS, the FPPC has opined that a city can establish a "no campaign
contribution limit" and that the same would be recognized by the FPPC as a local
limit distinct from and not subject to the state default limits; and
WHEREAS, the limits imposed by the State do not adequately consider local
factors and unique circumstances found within the City, and could have the
potential to unnecessarily limit healthy political discourse and discussion within the
City; and
WHEREAS, it is the purpose and intent of the City Council in enacting this
Resolution to preserve an orderly political forum in which individuals and groups
may express themselves effectively; and
WHEREAS, the City Council now desires and intends to establish a "no
campaign contribution limit" as the local limit on campaign contributions to
elections for City office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein
by reference.
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2. The City Council hereby adopts a "no campaign contribution limit"
as the local limit on contributions a person may make to a candidate
for elective city office, and on the amount of campaign
contributions a candidate for elective City office may accept from
a person.
3. The campaign contribution limit established in Section 2 is intended
to constitute the City's campaign contribution limit for the purposes
of State law, such that the limit set in Government Code § 85301(d)
does not apply to the City.
4. The Council desires that this Resolution be maintained in its Council
Policy and Procedure Manual, Chapter 2 (Section 2.13) and be
effective immediately upon its adoption.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 121021 by the following vote:
COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER
NOES: COUNCIL MEMBER ay�,&-
ABSTAIN: COUNCIL MEMBER u�^Q-
ABSENT: COUNCIL MEMBER N
APPROVED MAR 17 2021
By 4W
KAREN GOH
Mayor
APPR ED AS TO F
By A41_ ; a
RGINI GENNARO
City Attorney
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S:\C0UNCIL\Resos\20-21 \CampaignCoWbufionReso.docx
JULIE DRIMAKIS
CITY CLERK and Ex Officio Clerk of
the Council of the City -of Bakersfield
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