The Levine Act (California Government Code section 84308)

When providing Public Comment during a City Council Meeting California Government Code section 84308, commonly known as the Levine Act, requires any person who is a party, a participant or an agent of a party or participant, to disclose on the record qualifying campaign contributions made to city officials related to any license, permit, or other entitlement for use, being discussed or acting upon by the city council.  Under the Act, elected and appointed officials may be required to recuse themselves from participating in a certain decisions if they received more than $500 in the previous 12 months from a contributor.

Yes, if you meet the following requirements:

1. You are a party, participant or agent; 

You are a “party” if you filed an application or are the subject of the license, permit or other entitlement for use.

You are a “participant” if you are not a party, but you actively support or oppose a particular decision involving a license, permit or other entitlement for use and you have a financial interest in the decision.  

You are an “agent” if you have been retained or paid to act on behalf of a party or participant, or if you have been asked to. 

AND

2. The item you are speaking on is a license, permit or other entitlement for use, that is or will be discussed or acted upon by the city council; 

AND

3. You have made campaign contributions to an any elected or appointed city official totally more than $500 for that city official in the previous 12 months. 

You may notify the city clerk in advance of the city council meeting in writing or you may orally state the information at the beginning of your public comments.   You must identify your full name, the item you are intending to speak on, the amount of your campaign contribution if over $500 in total over the previous 12 months, and identifying the city elected or appointed official.

A license, permit, or other entitlement for use means all business, professional, trade and land use licenses and permits and other entitlements for use including all land use permit and approvals, and contracts, and all franchised.    However, the following do not trigger a disclosure requirement:

(i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process.

(ii) Labor contracts.

(iii) Personal employment contracts.

(iv) Contracts valued under fifty thousand dollars ($50,000).

(v) Contracts where no party receives financial compensation.

(vi) Contracts between two or more pubic entities or agencies.

(vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement.

(viii) The periodic review or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less.

(ix) Modification of or amendments to contracts that are exempt under this subparagraph, other than competitively bid contracts.

The FPPC is an independent commission that has primary responsibility for the impartial and effective administration of the Political Reform Act. The Act regulates campaign financing, conflicts of interest, lobbying, and governmental ethics. The Commission requires a variety of disclosure documents be completed and made available for public review.