HomeMy WebLinkAbout995 Enacting Section 2.14.020 Fair Campaign Practices of Municipal Code 06-23-2021ORDINANCE N0.995
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, ENACTING SECTION 2.14.020, FAIR CAMPAIGN
PRACTICES OF THE MUNICIPAL CODE OF THE TOWN OF FIRESTONE
WHEREAS, the Town of Firestone ("Town") has not enacted any ordinance addressing matters covered
by the Colorado Constitution, Article XXVIII, Campaign and Political Finance or the Colorado Fair
Campaign Practices Act, C.R.S. §§ 145-101 et seq., relating to municipal campaign finance matters; and
WHERAS, on May 29, 2019, the Governor signed SB 19-232, which amends C.R.S. § 1-45-117 (9) (b) of
the Colorado Fair Campaign Practices Act, and provides that any complaint arising out of a municipal
campaign finance matter be exclusively filed with the clerk of the applicable municipality; and
WHEREAS, prior to the enactment of SB 19-232, all complaints concerning campaign finance violations
were handled by the Colorado Secretary of State; and
WHEREAS, while the Colorado Constitution Article XXVIII, Sec. 9 provides that the Colorado Secretary
of State accept and administer complaints from persons alleging violations of the State's campaign finance
laws, the Secretary of State will no longer accept filings of complaints concerning municipal campaign
finance matters; and
WHEREAS, it is therefore prudent for the Town to establish a process for review of municipal campaign
finance complaints.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Section 2.14.020 of Chapter• 2.14, Town Clerk, of the Town of Firestone Colorado
Municipal Code is hereby enacted to provide as follows:
Sec. 2.14.020. -Enforcement of municipal campaign finance complaints .
(a) Any person who asserts that a violation of Article XXVIII of the Colorado Constitution or the Fair
Campaign Practices Act (C.R.S. § 1-45-101 et seq.), as amended, has occurred related to a town
election may file a written complaint with the town clerk.
(b) Complaints must be filed no later than thirty (30) calendar days after the complainant knew or should
have known by the exercise of reasonable diligence of the alleged violation.
(c) A complaint shall include the following information and any other information that the town clerk
Aeems necessary to process the complaint:
(1) The name, address, e-mail address, telephone number and signature of the complainant (if the
complainant is represented by counsel, include the counsel's name, address, e-mail address,
telephone number and signature along with the name, address, e-mail address, telephone number
and signature of the complainant);
(2) The name and, if known, the telephone number, email address, and mailing address of the
respondent(s) (or each person alleged to have committed a violation);
(3) The particulars of the violation, including the specific factual and legal basis for the allegation;
and
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(4) Documentation or other evidence supporting the allegation.
(d) A complaint may be submitted by personal delivery, mail, fax, or electronically.
(e) Town Clerk review.
(1) The town clerk will review the complaint to determine:
a. Whether the complaint was timely filed in accordance with this section;
b. Whether the complainant has specifically identified a violation(s) of the Colorado
Constitution Article XXVIII, the Fair Campaign Practices Act, or any local campaign
finance laws or rules adopted and promulgated by the town concerning a municipal election;
c. Whether the complainant has alleged sufficient facts and or provided sufficient information
to support a legal and factual basis for the complaint; and
d. Whether it is possible through reasonable efforts, to identify the subject of the complaint.
(2) Within fourteen (14) business days of receiving the complaint, the town clerk must take one (1)
or more of the following actions following their initial review:
a. If the town clerk determines that the complaint fails to satisfy each criteria in subsection
(e)(1), the town clerk will dismiss the complaint and notify the complainant and respondent
of the reasons for dismissal. The town clerk's determination and dismissal are a final
decision.
b. If the town clerk determines that the complaint satisfies each criteria in subsection (e)(1),
and alleges one (1) or more curable violations as described in subsection (f), the town clerk
will notify the respondent(s) in writing and provide an opportunity to cure as described in
subsection (g), holding in abeyance any alleged violations that may not be curable.
c. If the town clerk determines that the complaint satisfies each criteria in subsection (e)(1),
and that none of the alleged violations are curable the town clerk will proceed to set the
matter for a hearing as described herein.
(f) Curing violations.
(1) Upon the town clerk's determination that a complaint alleges a failure to file or otherwise disclose
required information, or other curable violation, the town clerk will notify the respondents) in
writing and advise them of the curable deficiencies alleged in the complaint.
(2) Respondents shall have fourteen (14) business days from the date the notice is issued by the town
clerk to cure the alleged violation and to notify the town clerk, in writing, of actions taken to
cure the alleged violation.
(3) The town clerk will determine, within five (5) business days of receipt of the respondents'
proposed cure, or if no response upon expiration of the cure period, whether the respondent(s)
cured the violation(s), and if so, whether the respondent(s) "substantially complied" or acted in
"good faith" as described herein. The town clerk may ask the respondent to provide additional
information and may grant an extension of time to cure the violation(s).
a. If the town clerk determines that the respondent(s) substantially complied or acted in good
faith in curing any alleged violation, the town clerk will dismiss the complaint as to such
violation. The town clerk's determination and dismissal are a final decision.
b. If the town clerk determines that the respondent neither substantially complied nor acted in
good faith in curing any alleged violation, the town clerk shall set the matter for a hearing
and notify the complainant and respondent in writing.
c. The town clerk will schedule a hearing with respect to any alleged violations held in
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abeyance after the town clerk's initial evaluation of the complaint.
(4) In determining whether an entity "substantially complied" the town clerk must consider:
a. The extent of the noncompliance;
b. The purpose of the provision violated and whether that purpose was substantially achieved
despite the noncompliance; and
c. Whether the noncompliance can properly be viewed as an intentional attempt to mislead the
electorate or election officials.
(5) In determining whether an entity registered or disclosed in "good faith" the town clerk may
consider whether ten percent (10%) or less of either the entity's disclosures or, alternatively, the
reported dollar amounts required on the report or appearing on the filed reports at issue in the
complaint are out of compliance.
(h) When required a hearing before the town clerk shall be scheduled as soon as practicable with due
regard for the convenience and necessity of the parties but, unless an extension of time is granted by
the town clerk, the hearing shall be held within fifteen (15) business days after notice to the parties.
The town will not be a necessary party to the hearing and will not represent either the complainant,
or respondent, but may intervene as a party on its own behalf.
(i) Notice of the hearing shall include any applicable rules of the town clerk governing the hearing
process and the respondent(s) shall also receive a copy of the entire complaint received by the town
clerk.
(j) Upon written motion, the town clerk may grant either party a continuance of up to thirty (30) calendar
days upon a showing of good cause.
(k) Upon the request of either party, the town clerk may issue administrative subpoenas requiring the
attendance of a witness or party in relation to an alleged local campaign finance violation, which
shall be served on the party to whom it is directed by the requesting party pursuant to Rule 4, C.R.C.P.
It shall be unlawful for a witness or party to fail to comply with such subpoena.
(1) The hearing shall be electronically recorded and held in substantial accordance with such rules as the
town clerk may have promulgated, including rules for holding hearings remotely by electronic
means, when necessary, in the opinion of the town clerk. At the hearing, the complainant and the
respondent(s) shall be present, and the complainant shall have the burden of proof to establish the
alleged violation(s) by a preponderance of the evidence.
(m) Following the hearing, the town clerk shall issue a decision in writing within seven (7) business days.
(n) If the town clerk determines after a hearing that a violation has occurred, the town clerk's decision
shall include any appropriate order, sanction or relief authorized hereunder and may include, without
limitation, sanctions as follows:
(1) A civil penalty, payable to the town, of at least double the amount contributed, received or spent
in violation of any contribution prohibition or in violation of a contribution reporting
requirement.
(2) A civil penalty, payable to the town, in the amount of fifty dollars ($50.00) per day for each day
that a statement or other information required to be filed pursuant to Article XXVIII of the
Colorado Constitution or the Fair Campaign Practices Act (C.R.S. § 145-101, et seq.), is not
filed by the close of business on the day due.
(3) An order requiring disclosure of the source and amount of any undisclosed contributions or
expenditures.
(4) An order requiring the return to the donor of any contribution made which was the subject of the
violation.
(o) The town clerk's decisions are a final decision subject to review under Rule 106(a)(4) C.R.C.P.
(p) Candidates shall be personally liable for penalties imposed upon their candidate committee.
(4) The town may pursue any legal means for the collection of civil penalties imposed under this article.
The town administrator may also refer the matter for collection by whatever means are available to
the town, including by a private collection agency and the party responsible to pay the penalty may
be assessed the cost of collection.
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is
held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it
would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or
parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall in addition to as set forth in this ordinance be
punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ay of 2021.
ATTEST:
Koenig,
Clerk
OF FIRESTONE, COLORADO
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APPROVED AS TO
William
i, '1'o���lttorney