A year-and-a-half after passing it, Marina repeals its campaign finance ordinance.

Less than two years after the city of Marina adopted its first campaign finance ordinance limiting donors’ contributions, the city council voted to repeal it on June 2.

Marina’s short-lived ordinance excluded businesses and organizations from donating, while individuals could donate up to $200. The penalties for violating the ordinance could result in a misdemeanor charge and being ineligible to hold office for up to five years. It was approved 3-2 on Jan. 22, 2020, with Mayor Bruce Delgado and former councilmember Adam Urrutia opposing it. As he voted to repeal it, Delgado described the ordinance as draconian.

Newly elected councilmembers Kathy Biala and Cristina Medina Dirksen were investigated just a few weeks after being sworn in for violating the ordinance by accepting contributions over $200 from organizations; both returned the funds as soon as they knew about their mistake.

Harvey Biala, Biala’s husband and campaign treasurer, told council that “the campaign ordinance was poorly conceived and written and probably unconstitutional.” He said some people, instead of celebrating Biala’s swearing in, used the ordinance as an attempt to overturn the election results.

Medina Dirksen says the ordinance could discourage people from running for office. “It mandated so many things, and really benefited somebody who would already have known how to run a campaign,” she says. She ultimately paid $3,600 for representation, fees and fines. “We were able to pay for it, even though that fine amount exceeded our house payment,” she adds.

A five-month investigation into three candidates cost the city $49,000, and resulted in the collection of $1,200 in fines.

City staff reported that the ordinance could be viewed as unconstitutional because it doesn’t allow political parties to donate to candidates. Staff recommended amending the ordinance to follow Assembly Bill 571, which Gov. Gavin Newsom signed into law in 2019. The law limits individual contributions to $4,900 per campaign cycle.

If Marina opts for its own campaign finance ordinance and asks the state Fair Political Practices Commission to enforce it, it could cost up to $200,000, Assistant City Attorney Robert Rathie said.

The ordinance was repealed on a 3-0 vote; councilmembers David Burnett and Lisa Berkley were absent. The repeal needs to go back to council for a second vote before taking effect.