SUBSTITUTE FOR ORDINANCE NO. 060795, AS AMENDED
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.
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
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 and wealthy individuals
may have undue influence on or access to elected officials; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF
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.
(a) Definitions: With the following exceptions, terms shall be defined as in
the Missouri Campaign Finance Disclosure Law, Chapter 130, Revised Statutes of
(1) Base amount means the monetary campaign contribution
limitation amounts prescribed in subsection (b) hereof.
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 City elections.
amounts means the monetary campaign contribution limitation amounts set forth
in subsection (b), as subsequently adjusted pursuant to subsection (c).
(b) Campaign Contribution
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.
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.
limitation amounts for each City election, as defined in subsection (a)(2), are
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.
(c) Adjustments 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, 2008 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.
(d) Determination of maximum
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 as 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.
b. General 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 run-off
Except, 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.
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.
(4) 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
(5) Contributions made or
received prior to January 1, 2007 shall not be considered when determining
whether or not the limitation amounts have been
(e) Contributions 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
(f) Campaign 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 Clerks 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.
(g) Duties of the Municipal
Officials Ethics Commission.
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.
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.
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.
seven business days of receipt of a complaint, the commission shall investigate
the allegations contained in the complaint.
either as a result of investigation of a complaint or upon the Commissions 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:
any contributor to knowingly contribute to any candidate, committee or person
acting on behalf of a candidate or committee any amount exceeding the
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 contribution;
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;
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 everyday or
portion thereof during which any violation of this provision is committed or
continued shall be a separate offense;
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
any person to knowingly fail to report contributions, with the intent to
mislead or deceive.
(i) Penalty. Any person who purposefully violates this section shall
be punishable by a fine not to exceed $500.00 and/or not more than 6 months in
as to form and legality:
Assistant City Attorney