FOR ORDINANCE NO. 090988
Amending Chapter 2, Code of
Ordinances, by enacting a new section to be known as Section 2-53, Limitation
on contributions for Mayor and Council elections.
WHEREAS, the City Council
hereby finds that preserving integrity and openness in the political process is
a matter of the highest public interest; and
WHEREAS, it is the policy of
the City to promote and encourage broad-based citizen involvement in the
financing of election campaigns; and
WHEREAS, the City Council
further finds that regulation of campaign contributions is required because the
costs of running political campaigns have reached levels that lead to a public
perception that special interests may have undue influence on or access to
elected officials, when perceived access or favors are the quid pro quo
for large donations; NOW, THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That Chapter 2,
Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by
enacting a new section to be known as Section 2-53, Limitation on contributions
for Mayor and Council elections, to read as follows:
Sec. 2-53. Limitation on
Contributions for Mayor and Council Elections.
With the following exceptions, terms shall be defined as in the Missouri
Campaign Finance Disclosure Law, Chapter 130, Revised Statutes of Missouri:
Base amount means the monetary campaign contribution limitation amounts
prescribed in subsection (b) hereof.
City election means any primary, general or special election held to
elect an individual to the office of Kansas City, Missouri mayor or
councilperson or to retain or recall such official. A primary election and the
succeeding general election or run-off election shall be considered separate
Limitation amounts means the monetary campaign contribution limitation
amounts set forth in subsection (b), as subsequently adjusted pursuant to
Contribution Limitation Amounts.
No person, other than the candidate, shall make any contribution to
elect a candidate which will cause the total amount contributed by such person
in a city election to such candidate exceed the limitation amounts.
No candidate, committee or other person acting on behalf of a candidate
or committee shall solicit or accept from any person any contribution to elect
a candidate which will cause the total amount contributed by such person in a
City election to such candidate exceed the limitations amounts.
The limitation amounts for each City election, as defined in subsection
(a)(2), are as follows:
elect an individual to the office of Mayor, three thousand dollars.
elect an individual to the office of Councilperson At-Large, two thousand five
elect an individual to the office of In-District Councilperson, one thousand
five hundred dollars.
to limitation amounts. The base amounts set forth in subsection (b) shall be
increased on the first day of January in each even numbered year. The first
adjustment shall be made on January 1, 2012 by multiplying the base year amount
by the cumulative consumer price index, as defined in Section 104.010 RSMo, as
subsequently amended, and rounded to the nearest twenty-five dollar amount
reflected for the previous year. Adjustment shall be made on each January 1 of
each even numbered year thereafter reflecting the increase in the price index for
the previous two years. The City Clerk shall forward to the City Council at the
first legislative session of the Council following January 1 of the year in
which an adjustment is made, the adjusted limitation amounts and publish once,
in a newspaper of general circulation within the City, during that January, the
adjusted limitation amounts.
of maximum contribution.
For purposes of computing the limitation amounts for a city election,
the aggregate amount of contributions made by or accepted from any person for
such city election shall be computed by adding all contributions made by or
accepted from, as the case may be, such person during the following periods:
Election Period: Beginning at 12:00 a.m. on the day after the general or
run-off election and ending at 11:59 p.m. on the day of the next primary
Election Period: Beginning at 12:00 a.m. on the day after the primary election
and ending at 11:59 p.m. on the day of the immediately following general or
however, for contributions made and received during the thirty-day period
immediately following a primary election, the candidate shall designate whether
such contribution to a candidate committee is made and received as a primary
election contribution or a general or run-off election contribution.
If a debt service committee is formed, contributions may be made to and
received by such committee as long as the aggregate contribution received from
or made by a person does not exceed the limitation amounts for the aggregating
period in which the debt was incurred.
If a candidate changes the office sought during the primary election
period, the limitation amounts of the new office sought shall apply to all
contributions made to and received by such individual during the primary
election period and the general election period. All contributions over the
limitations of the new office sought shall be returned to the contributor
within ten days of the change in the office sought.
Contributions made or received prior to the effective date of this
ordinance shall not be considered when determining whether or not the
limitation amounts have been reached.
from Persons under Fourteen. Contributions from persons fewer than fourteen
years of age shall be considered made by the parents or guardians of such
person and shall be attributed toward any limitation amounts prescribed herein.
Where the contributor fewer than fourteen years of age has two custodial
parents or guardians, fifty percent of the contribution shall be attributed to
each parent or guardian. Where such contributor has one custodial parent or
guardian, all such contributions shall be attributed to the custodial parent or
Finance Disclosure Report. Within seven business days of the filing of the
report, the City Clerk shall obtain a copy of each Missouri Ethics Commission
Campaign Disclosure Report filed by a candidate or committee pertaining to a
city election. Within three business days after the Clerk’s receipt of the
reports, the Clerk shall forward to the Municipal Officials Ethics Commission copies
of all campaign finance disclosure reports obtained by the City Clerk.
of the Municipal Officials Ethics Commission.
The Municipal Officials Ethics Commission shall review the applicable
campaign finance disclosure reports submitted pursuant to the Missouri Campaign
Finance Disclosure Law within seven business days of receipt. The Commission
shall investigate and report on possible violations of this ordinance.
Any natural person may file a complaint with the Municipal Officials and
Officers Ethics Commission alleging any violation of this ordinance. Any
complaint shall be in writing, shall state all facts known by the complainant
which have given rise to the complaint, and shall be sworn to, under penalty of
perjury, by the complainant.
Within the second business day after receipt of a complaint, the
Commission shall supply a copy of the complaint to the person named in the
complaint, deleting any material identifying the name of the complainant. The
respondent may respond in writing or in person to the allegations of the
complaint within four business days of delivery of the complaint to respondent.
Within seven business days of receipt of a complaint, the Commission
shall investigate the allegations contained in the complaint.
When, either as a result of investigation of a complaint or upon the
Commission’s own review of campaign finance disclosure reports, the Commission
determines that there are reasonable grounds to believe that a violation of
this ordinance has occurred, the Commission shall report its findings in
writing and forward the complaint and findings to the person against whom the
findings were made and to the city prosecutor who shall prosecute the violation
upon his or her determination that probable cause exists.
It shall be a violation of this ordinance:
for any contributor to knowingly contribute to any candidate, committee
or person acting on behalf of a candidate or committee any amount exceeding the
for any candidate, committee or person acting on behalf of a candidate
or committee to knowingly accept any contribution which exceeds the limitation
amounts. An unauthorized contribution is knowingly accepted if it is not
returned to the contributor within 30 days of receipt of the unauthorized
for any committee treasurer to knowingly accept any contribution which
exceeds the limitation amounts; a committee treasurer knowingly accepts an
unauthorized contribution if it is not returned to the contributor within 30
days of receipt of the unauthorized contribution;
for any candidate or committee treasurer to fail to return within 30
days of receipt of the unauthorized contribution, a contribution which exceeds
the limitation amounts, including interest or other premium earned by the
contribution exceeding the authorized limitations and each and every day or
portion thereof during which any violation of this provision is committed or
continued shall be a separate offense;
for any person to make a contribution in the name of another person, or
to knowingly permit his or her name to be used to effect such a contribution,
or to knowingly accept a contribution made by one person in the name of another
for any person to knowingly fail to report contributions, with the
intent to mislead or deceive.
Any person who purposefully violates this section shall be punishable by a fine
not to exceed $1,000.00 and/or not more than 6 months in jail.
as to form and legality: