A. With respect to any election, the recorder shall examine each contribution and expenditure statement of each candidate and political committee who filed a declaration of limitation on expenditures under section 2.41.050 to determine whether any candidate or political committee exceeded the applicable expenditure limit. If the recorder determines after any filing that a candidate or political committee has exceeded the applicable expenditure limit, the recorder shall send a notice of the recorder’s determination to the candidate or the treasurer of the political committee. Notice shall be sent by certified mail, return receipt requested. If the recorder determines that the recorder or any candidate for election to an office for which the recorder is also a candidate for election has exceeded the applicable expenditure limit, the information shall be sent to the City attorney, who shall be substituted for the recorder in any enforcement proceeding under this section and section 2.41.090. The notice also shall state that the candidate may appeal the recorder’s or the City attorney’s determination as provided in this section.
B. An Appeal of the City Recorder or City Attorney’s determination under subsection A shall be processed in accordance with the Uniform Administrative Appeals Ordinance AMC 2.30, except that the appeal shall be filed and processed in the office of the City Administrator and the Hearing Officer will be selected by City Council. The appeal must be filed within ten (10) calendar days of the date of mailing of the notice of determination. (Ord. 2994, amended, 10/06/2009)