Memorandum

DArE Apr1l28,20l1 CITYOF DALLAS

ro The Honorable Mayor and Members of the City Council

suBrECr Campaign Contributions by Applicants in Designated Zoning Cases and Designated

Public Subsidy Matters and by Bidders and Proposerson City Contracts

Attached is a summary of the amendmentsto Chapter 15,\ of the Dallas City Code, "Campaign
Contributions by Applicants in DesignatedZoning Casesand DesignatedPublic Subsidy Matters
and by Bidders and Proposerson City Contracts," recently enactedby the City Council. Also
attachedis a copy of the OrdinanceNo. 28169.

THOMAS P.
City Attorney

Attachment

"Dallas - Together, we do it better!"

 Amendments to Campaien Contribution Restriction Ordinance

Dallas City Code Chapter 15A restricts persons from making campaign contributions to
members of the City Council during specified time periods relating to designated zoning
cases,designatedpublic subsidy matters, and city contracts. Ordinance No. 28169, passed
April l3r20ll, made the following changes:

Definition of Applicant

Removes from the definition of "applicant" 4y person who is an employee of the

applicant, except as provided below.

Removes from the definition of '(applicant" any person who represents or is a

representativeof the applicant.

Applicant is redefined to focus on principals of the applicant, including for instance

chief executive or chief financial officers, members of the board of directors,
partners, etc.

II. Citv Contracts

Defines a "person" responding to a request for bids or proposals on a city contract

similarly as the applicant above, to focus on principals of the bidder or responder, not a
representative.

III. Contributions to Candidates

Expands the contribution restrictions to include candidates who have filed for a place on
the official ballot in an impending city council election.

Clarifies that the contribution restrictions apply to a specific-purposepolitical committee

for a specified council member or candidate, but not to a general purpose political
committee, or a corporation or labor organization political committee.

IV. Contribution Restriction Time Period

Reducesthe campaign contribution restriction time period from a designatedstart date to

a date 30 days after an action instead of60 days after an action.

V. CitizensUnited v. Federal Election Commission,1.30S. Ct.876 (2010).

 111002
4t4t1l

2816
ORDINANCENO. 9

An ordinanceamendingSection15A.-4.1of CHAPTER15A,"ELECTIONS,"of the DallasCitv

Code,as amended;definingterms;clarifying which pe$onsarerestrictedfrom makingcampaign

contributionsto city councilmembersduringspecifiedtime periodsrelatingto designated

zoning

cases,designated
public subsidymatters,andcity contracts;subjectingcity councilcandidates
to

the same campaigncontributionrestrictionsthat apply to city council members;providing a

penaltynot to exceed$500; providing a savingclause;providing a severabilityclause;and

providing an effectivedate.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTIONl. That Section 154-4.1, "Campaign Contributionsby Applicanrsin

DesignatedZoningCases PublicSubsidyMatrersand by Biddersandproposers

and Designated

on City Contracts,"of Article I, "CampaignContributions,"

of CHAPTER15A, "EI ECTIONS."

of theDallasCity Code,asamended,
is amended
to readasfollows:
..SEC.15A-4.1. CAMPAIGN CONTRIBUTIONS BY APPLICANTS IN
DESIGNATED ZONING CASES AND DESIGNATED PUBLIC
SUBSIDY MATTERS AND BY BIDDERS AND PROPOSERSON
CITY CONTRACTS.
(a) In this section:

(1) AFFILIATED meansthe relationshipcreatedwhenone businessentity is

subsidiaries
of the sameparentbusiness
entityI
@1.
(2) APPLICANTmeansanypersonwho:

(A) owns all or parr of rhe propertyrhat is the subjectof a designated

zoningcaseor designatedpublicsubsidymatter;
 tll()02
28169
(B) is a parent,child, spouse,or other family member[e**earepeny
e'*ner] within the first degreeof consanguinityor affinity, or the domesticpartner,of,

O the propertyowner;or

(ii) any individual described in Paragraph(2XD) of this

subsection:

(c) t

(D)l is affiliated with the propertyowner t@

prepe*ye*nerl; or

(D) if the oropertyowner is an entity. is an individual who holdsany of

the followingpositionswith theentitvor with anyaffiliatedbusinessentity:

(i) the chief executiveofficer. chief financial officer. or chief

operatingofficer. or anypersonwith equivalentduties.powers.and functions:

(ii) a memberof the boardof directorsof a corporation:

(iii) a general partner of a general partnershin or limited

partnership:

(iv) a managerof a limitedliability companythat is managed

by
managers:

(v) a memberof a limited liability cgmpanythat is managed

by
membersentitledto managethe company:

(vi) a member of the board of directors of a coooerative

assoclatron:or

('vii) a trust managerof a real estateinvestmenttrust

r
prepenye*ner].

(3) CANDIDATE meansa persont"ho has filed an applicationwith the citv

the Dallascity council.

g) DESIGNATED PUBLIC SUBSIDY MATTER means any of the

[ollowing:
 2816I 111002
(A) A tax abatement.

(B) A housingtax credit.

(c) An historicdevelopment
tax abatement.

(D) Federalgrantmoneyadministeredby the city.

(E) Tax incrementfinancine.

(F) An economicdevelopmentgrantor loan.

(5)r(4)l DESIGNATEDZONING CASE meansa changeof zoningon a

specificpropertywhere:

(A) the propertyis 25 acresor more;

(B) the proposed floor area for retail or personal service uses is
200,000squarefeet or more;

(c) the proposedfloor areafor industrialusesis one million squarefeet

or more;

(D) the proposedzoningchangeis to a multifamilydistrictof l0 acres

or more;

(E) the proposedzoningchangeallows60 dwelling units or moreper

acre;or

(F) the city staff recommendationand the city plan commission

recommendation
regardingthe proposedchangeof zoningdo not agree.

(b) An applicantin a designatedzoningcaseshall not (eitherpersonallyor througha

representative,
employee,or agent)knowingly make a campaigncontributionto a city council
memberor candidateduring the period betweenthe date the first noticesof a public hearingto
considerthe designatedzoningcaseby the city plancommissionaremailedandthelaterof:

(1) 30 [6e] days after the designated

zoning caseis withdrawnpursuantro
Section514-4.701(f)of theDallasCityCode;

(2) 30 16gl daysafter the date a decisionof the city plan commissionon the
designated
zoningcasebecomesfinal andall opportunities for appealareexhausted;or

(3) 30 t6el daysafterthedatea final decisionon the designated

zoningcaseis
madeby thecity councileithergrantingor denyingtherequest.
 28169 11r002
(c) Subsection(b) does not apply to a changeof zoning for historic districts,
conservation
districts,or neighborhood
stabilizationoverlays.

(d) An applicantin a designatedpublic subsidymattershall not (either personallyor

througha representative,employee,or agent)knowingly makea campaigncontributionto a city
council memberor candidatefrom the time the matter is postedon a council committeeagenda
or a council agenda,whicheveroccursfirst, until 30 [6e] daysafter the datethe city councilvotes
on the designatedpublic subsidymatteror the applicationfor the designatedpublic subsidy
matteris withdrawnby the applicant.

(e) A person respondingto a requestfor bids or requestfor proposalson a city

contractshall not (either personallyor througha representative, employee,or agent)knowingly
make a campaign contribution to a city council member or candidatefrom the time the
advertisementor public notification of the requestfor bids or requestfor proposalsis madeuntil
30 t6gl days after the date the contract is awardedby the city council. For purposesof this
subsection""person"includes:

(1) anyindividualresponding
to thereouestfor bidsor proposals:

(2) any entity respondingto the requestfor bids or proposalsand its affiliated
businessentities:

(3) if the personrespondingto the requestfor bids or proposalsis an entity.

any individual who holds with the entity (or with any affiliated businessentity) any position
describedin Subsection(aX2XDXi)through(vii) of this section:and

(4) the parent.child. spouse.or other family memberwithin the first degreeof
consanguinityor affinity. or the domesticpartner.of any individual describedin Paragraph( I ) or
(3) of this subsection.

(fl This section applies to a campaigncontribution made to any specific-pumose

political committeethat will ultimately contributeto an identified city council memberor
candidate.and any campaigncontribution made to the specific-purposepolitical committee
durinethe time restrictionsimposedby this sectionwill be considered
to havebeenmadeto that
city council memberor candidate.The time restrictionsimposedby this sectiondo not apply to
when the sgecific-purposepolitical committeemakesa campaigncontributionto the identified
city councilmemberor candidate.

(g) This sectiondoesnot applyto a campaigncontributionmadeto or by:

(1) anyeeneral-purpose
ooliticalcommittee:or

(2) any political committeeestablished. administered, financiall],supported.

or assistedby a corporationor labororganizationnursuantto stateor federallaw."
 28169 tlr002
SECTION 2. That a personviolating a provision of this ordinance,upon conviction,is

punishable
by a fine not to exceed$500.

SECTION3. That CHAPTER l5A of the DallasCity Code,as amended,will remainin

full force andeffect,saveand exceptas amendedby this ordinance.

SECTION 4. That the terms and provisions of this ordinanceare severableand are

governedby section 1-4 of cHAPTER 1 of the Dallascity code, as amended.

SECTION 5. That this ordinancewill take effect immediatelyfrom and after its passage

and publicationin accordance

with the provisionsof the Charterof the City of Dallas,and it is

accordinglyso ordained.

APPROVEDAS TO FORM:

THOMAS P. PERKINS,JR.,CityArtorney

AssistantCity Attorney

Passed APRlSZnt

LC/DCC/00490A