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HomeMy WebLinkAbout032518 ORD - 08/17/2021Ordinance adopting the procedure to terminate the campaign treasurer appointment of an inactive candidate or inactive specific -purpose political committee in accordance with Texas Election Code Section 252.0131; and amending the City Code of Ordinances, Chapter 2, Administration, with addition of new Section 2-7. Whereas, Texas Election Code Chapter 252 requires candidates and political committees to file record of the appointment of a campaign treasurer with the appropriate filing authority; Whereas, Texas Election Code 252.014 requires the authority with whom a campaign treasurer appointment is filed shall preserve the treasurer appointment record for two years after the date the appointment is terminated; Whereas, Texas Election Code 254.065 and 254.125 provide that a campaign treasurer appointment is officially terminated upon the filing of a final campaign report however not all candidates/committees have consistently filed final reports; Whereas, in 2005, pursuant to HB 1863, the Texas Election Code Section 252.0131 was amended to provide that the governing body of a political subdivision by ordinance or order may adopt a process by which the clerk or secretary, as applicable, of the political subdivision may terminate the campaign treasurer appointment of an inactive candidate or political committee; Whereas, stated Legislative Intent for HB 1863 was to address administrative burden placed upon local governments required to maintain these records of campaign treasurer appointments of inactive candidates and inactive political action committees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Code of Ordinances, Chapter 2, Administration, is amended with addition of new Section 2-7 by which the City Council may terminate the campaign treasurer appointment of an inactive candidate or inactive specific -purpose political committee, new Section 2-7 to read as follows: 2-7 Authority to terminate campaign treasurer appointment of inactive candidate and inactive specific purpose political committee. (a) For purposes of this Ordinance, a candidate becomes "inactive" if the candidate files a campaign treasurer appointment with the City Secretary as required by Texas Election Code Section 252.005 as amended, and more than two years has lapsed since the candidate has filed any required campaign finance reports with the City Secretary. (b) For purposes of this Ordinance, a specific -purpose political committee becomes "inactive" if the specific -purpose political committee files a campaign treasurer appointment with the City Secretary as required by Texas Election Code Section 252.006 or 252.007 as amended, and more than two years has lapsed since the campaign treasurer of the specific purpose political committee has filed any required campaign finance reports with the City Secretary. (c) This Ordinance does not apply to a candidate who has been elected to the office of mayor or city council member of the City of Corpus Christi, Texas. (d) Before the termination of a campaign treasurer appointment, the City Council must consider the proposed termination in a regularly scheduled city council meeting. 032518 SCANNED (e) Before the City Council may consider termination of a campaign treasurer appointment under this Ordinance and Section 252.0131, Texas Election Code, the City Secretary shall send written notice to the affected candidate or specific -purpose political committee. (f) The written notice required in subsection (e) must be given at least fourteen (14) calendar days before the date of the meeting at which the City Council will consider the termination of a campaign treasurer appointment and must include: (1) the date, time, and place of the meeting; (2) a statement of the City Council's intention to consider termination of the campaign treasurer appointment; (3) a reference to the particular sections of the statutes and the Ordinance that give the City Council the authority to consider the termination of a campaign treasurer appointment; and (4) the effect of termination of a campaign treasurer appointment. (g) The termination of a candidate's or specific -purpose political committee's campaign treasurer appointment under this Ordinance and Section 252.0131, Texas Election Code, takes effect on the thirtieth (30th) calendar day after the date of the meeting at which the City Council votes to terminate the campaign treasurer appointment. (h) Following the meeting at which the City Council votes to terminate the campaign treasurer appointment in accordance with this Ordinance, the City Secretary shall promptly notify the affected candidate or specific -purpose political committee that the campaign treasurer appointment has been terminated. The notice must state the effective date of the termination. SECTION 2. This Ordinance takes effect upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this, the (0r day of 5-1' 2021, by the following vote: Paulette M. Guajardo kirk_ John Martinez Roland Barrera Ben Molina Gil Hernandez kik, Mike Pusley Michael Hunter Greg Smith Billy A. Lerma That the foregoing ordinance was read for the second time and passed finally on this, the 1 i-i,K day of t)5+ 2021, by the following vote: Paulette M. Guajardo Roland Barrera 032518 John Martinez Ben Molina Gil Hernandez Michael Hunter Billy A. Lerma Mike Pusley Greg Smith PASSED AND APPROVED on this, the day of hST ATTEST: Rebecca L. Huerta 2021. Paulette M. Guajardo City Secretary Mayor EFFECTIVE DATE 032518 Caller Times PART OF THE USA TODAY NETWORK Certificate of Publication NOTICE OF PASSAGE OF ORDINANCE(S) CITY OF CORPUS CHRIS TI -SECRETARY No. 032518, Ordinance adopting the procedure to PO BOX 9277 terminate the campaign treasurer appointment of an inactive candidate or in- CORPUS CHRISTI, TX 78401 active specific-purpose po- litical committee in accord- ance with Texas Election Code Section 252.0131; and amending the City Code of STATE OF WISCONSIN) Ordinances, Chapter 2, Ad- )) ministration, with addition of new Section 2-7. This or- COUNTY OF BROWN) dinance was passed and ap- proved on second reading by the Corpus Christi City I,being first duly sworn, upon oath depose and say that I Council on August 17,2021. am a legal clerk and employee of the publisher, namely,the /s/Rebecca Huerta City Secretary Corpus Christi Caller-Times,a daily newspaper published at Corpus Christi in said City and State,generally circulated in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties,and that the publication of which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times on the following dates: 08/23/2021 On this August 23,2021, I certify that the attached document is a true and exact copy made by the publisher: Legal Notice Clerk r .tary Public,State of Wisconsin,County of Brown /2-7 - Notary Expires SARAH BERTELSEN Notary Public State of Wisconsin Publication Cost: $106.85 Ad No:0004875535 Customer No: 1490432 PO#: 032518 #of Affidavits 1 This is not an invoice