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HomeMy WebLinkAboutStudy Session Agenda Packet 04-19-21STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO April 19, 2021 6:30 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting; the public may not attend in person. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on April 19, 2021) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 940 8295 6179 Passcode: 327825 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. Citizen Comment on Agenda Items 1. Referendum campaign finance reporting 2. Prohibiting the possession of deadly weapons on City-owned property 3. Staff Report(s) a. New full-time employee position - Licensing Technician 4. Elected Officials’ Report(s) ADJOURNMENT Attorneys at Law 710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960 MEMORANDUM TO: Mayor and Council FROM: Gerald Dahl DATE: April 9, 2021 Re: Campaign finance disclosure by ballot issue committees (including initiative and referendum) in municipal elections Council has asked whether it could enact campaign finance disclosure requirements applied to persons or committees that support or oppose ballot issues, including initiative and referendum petitions, before going to election. I conclude Council could adopt local registration requirements for City ballot issue elections; however, for those who spend the small amounts ordinarily involved in City elections, the City has very limited authority to require detailed disclosure requirements. Background Questions often reach the ballot in municipal elections as a result of referral by the City Council; this may occur following receipt of a referendum or initiative petition from City voters. In 2016, the disclosure requirements applicable in ballot issue elections under Colorado’s Fair Campaign Practices Act (FCPA) were found to be unconstitutional, when applied to those who receive and spend small amounts in such elections. In Coalition for Secular Gov’t. v Williams, 815 F3d 1267 (10th Cir. 2016), the federal court held that, when only $3500 was spent on an issue election, the public benefits of disclosure (of the identity and dollar amount of individual contributions) did not justify the burden of that disclosure on the freedom of association protected by the U.S. Constitution. Following the Williams decision, the Colorado General Assembly provided a limited disclosure regime for “small issue committees”, which are defined as those that receive $5000 or less in an election cycle. “Small issue committees” that receive over $200, but less than $5000 in an election cycle are subject to very limited disclosure requirements, which do not include disclosure of contributions or expenditures. Rather, these committees are required to disclose only the name of the committee, its agent, address, and purpose, and the location of its bank account. If the small issue committee ultimately receives $5000 or more in an election cycle, the committee becomes subject to the full FCPA disclosure regime, which extends to reports of individual contributions. The constitutionality of this $5000 threshold has not yet been judicially tested. Prior Council action In January of this year, Council adopted an ordinance amending Code 7-6 to implement a system for processing third-party complaints of campaign finance violations. This was in response to a Item No. 1 2019 state statute moving jurisdiction for such complaints from the Secretary of State to municipality. Council options Because of the Legislature’s recently enacted restrictions on what can be required of small issue committees, there is limited room for Council action. However: 1. Complaints that an issue committee involved in a City election has violated the FCPA disclosure requirements applicable to small issue committees or to “regular” issue committees could be pursued under the attached ordinance concerning campaign finance complaints in City elections. 2. Council could highlight the importance of disclosure requirements in City ballot issue elections, including referenda and initiatives, by adopting a ballot issue committee disclosure regime in the Code. Because of Constitutional restrictions on how much disclosure may be required in ballot issue elections generally, and from “small issue committees” in particular, any such ordinance would likely be largely redundant with State law substantively. The only added benefit would be locally prescribed penalties for its violation. Conclusion I recognize Council has an interest in requiring disclosure of the amounts and identity of small issue campaign contributions. For the reasons stated above, I believe that under the Williams decision, the attempt would not be upheld upon challenge. Attachments 1. Coalition for Secular Government v. Williams (excerpt) 2. Ordinance 1704, amending Code 7-1 and 7-6 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 24 ORDINANCE NO. 1704 Series 2020 TITLE: AN ORDINANCE CONCERNING ELECTIONS, AND IN CONNECTION THEREWITH, REPEALING AND REENACTING SECTION 7-6 OF THE WHEAT RIDGE CODE OF LAWS TO CREATE A PROCESS FOR ADDRESSING COMPLAINTS ALLEGING CAMPAIGN FINANCE LAW VIOLATIONS, AND AMENDING SECTION 7-1 TO CLARIFY WHICH LAWS APPLY TO CITY ELECTIONS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances regulating matters concerning campaign finance in municipal elections, including the provision of a complaint process relating thereto; and WHEREAS, in the exercise of this authority, the Council has previously enacted section 7-6 of the Code of Laws (the "Code"), concerning election hearing procedures; and WHEREAS, in its 2019 Regular Session, the Colorado General Assembly adopted SB19-232, which provides, inter alia, that “any complaint arising out of a municipal campaign finance matter must be exclusively filed with the clerk of the …municipality”; and WHEREAS, the 2019 legislation necessitates an update to the process by which the City may address complaints alleging violation of the campaign finance laws applicable in City elections, which update also presents an opportunity to clarify which laws govern City elections. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 7-1 of the Wheat Ridge Code of Laws is amended by the addition of the following subsections, as follows: Sec. 7-1. State election codes adopted. Except as otherwise provided by charter or ordinance, including the provisions of this Chapter, the following statutes, as the same presently exist or as they may be in the future amended, are hereby adopted by the City and shall govern the conduct of all elections held within the City: ATTACHMENT 2 -2- (a) C.R.S. 31-10-101 et seq., also known as the "Colorado Municipal Election Code," (b) C.R.S. 1-1-102 et seq., also known as the "Uniform Election Code," and (c) C.R.S. 1-45-101 et seq., also known as the "Fair Campaign Practices Act." (d) C.R.S. 31-11-101 ET SEQ., THE LAW GOVERNING MUNICIPAL INITIATIVES, REFERENDA AND REFERRED MEASURES, (e) C.R.S. 31-4-501, ET SEQ., THE LAW GOVERNING MUNICIPAL RECALLS, AND, (f) C.R.S. 31-2-201, ET SEQ., THE LAW GOVERNING THE ADOPTION AND AMENDMENT OF THE HOME RULE CHARTER. Section 2. Section 7-6 of the Wheat Ridge Code of Laws is repealed and reenacted, to read in its entirety as follows: SEC. 7-6 ENFORCEMENT OF THIRD-PARTY COMPLAINTS. (a) ANY PERSON WHO BELIEVES A VIOLATION OF ARTICLE XXVIII OF THE COLORADO CONSTITUTION, THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101 ET SEQ., C.R.S.), AS AMENDED BY THIS CODE, HAS OCCURRED RELATED TO A CITY ELECTION MAY FILE A WRITTEN COMPLAINT WITH THE CITY CLERK. (b) COMPLAINTS MUST BE FILED NO LATER THAN NINETY (90) CALENDAR DAYS AFTER THE COMPLAINANT KNEW OR SHOULD HAVE KNOWN BY THE EXERCISE OF REASONABLE DILIGENCE OF THE ALLEGED VIOLATION. (c) A WRITTEN COMPLAINT FILED WITH THE CITY CLERK SHALL INCLUDE THE CITY CLERK'S COMPLAINT COVER SHEET WHICH MUST INCLUDE THE FOLLOWING INFORMATION: (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 AND ADDRESS OF THE RESPONDENT(S) (OR EACH PERSON ALLEGED TO HAVE COMMITTED A VIOLATION); -3- (3) THE PARTICULARS OF THE VIOLATION; AND (4) OPTIONALLY, DOCUMENTATION OR OTHER EVIDENCE SUPPORTING THE ALLEGATION. (d) IF AN INCOMPLETE COMPLAINT IS RECEIVED, THE DATE ON WHICH THE ORIGINALLY FILED COMPLAINT WAS RECEIVED IS CONSIDERED THE FILED DATE IF A COMPLETE COPY IS RECEIVED WITHIN THREE (3) BUSINESS DAYS OF NOTIFICATION FROM THE CITY CLERK THAT THE COMPLAINT WAS INCOMPLETE. (e) A COMPLAINT MAY BE SUBMITTED BY FAX OR ELECTRONIC MAIL IF A SIGNED ORIGINAL IS RECEIVED BY THE CITY CLERK NO LATER THAN THREE (3) BUSINESS DAYS THEREAFTER. (f) INITIAL REVIEW. (1) THE CITY CLERK WILL REVIEW THE COMPLAINT TO DETERMINE: a. WHETHER THE COMPLAINT WAS TIMELY FILED; AND b. WHETHER THE COMPLAINANT HAS SPECIFICALLY IDENTIFIED ONE OR MORE VIOLATIONS OF ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101 ET SEQ., C.R.S.), AS AMENDED, OR ANY RULES ADOPTED AND PROMULGATED BY THE CITY CLERK CONCERNING CAMPAIGN AND POLITICAL FINANCE. (2) WITHIN TEN (10) BUSINESS DAYS OF RECEIVING THE COMPLAINT, THE CITY CLERK MUST TAKE ONE (1) OR MORE OF THE FOLLOWING ACTIONS: a. IF THE CITY CLERK DETERMINES THAT THE COMPLAINT WAS NOT TIMELY FILED, OR HAS NOT SPECIFICALLY IDENTIFIED ONE (1) OR MORE VIOLATIONS OF ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101 ET SEQ., C.R.S.), AS AMENDED, THE CITY CLERK WILL DISMISS THE COMPLAINT AND NOTIFY THE COMPLAINANT AND RESPONDENT OF THE REASONS FOR DISMISSAL. THE CITY CLERK'S DISMISSAL IS A FINAL DECISION, AND SUBJECT TO REVIEW UNDER RULE 106, C.R.C.P. b. IF THE CITY CLERK DETERMINES THAT THE COMPLAINT ALLEGES ONE (1) OR MORE CURABLE VIOLATIONS AS DESCRIBED IN SUBSECTION (G), THE CITY CLERK WILL NOTIFY THE RESPONDENT(S) AND PROVIDE AN -4- OPPORTUNITY TO CURE AS DESCRIBED IN SUBSECTION (G). c. IF THE CITY CLERK DETERMINES THAT THE COMPLAINT ALLEGES (1) ONE OR MORE VIOLATIONS, AND THAT THE ASSERTED VIOLATIONS MAY NOT BE CURABLE AS DESCRIBED IN SUBSECTION (G), THE CITY CLERK WILL TAKE THE ACTIONS SET FORTH IN SUBSECTION (H). (g) CURING VIOLATIONS. (1) UPON THE CITY CLERK'S DETERMINATION THAT A COMPLAINT ALLEGES A FAILURE TO FILE OR OTHERWISE DISCLOSE REQUIRED INFORMATION, OR OTHER CURABLE VIOLATION OF AN OBLIGATION UNDER ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT ( C.R.S. 1-45-101 ET SEQ.) , THE CITY CLERK WILL NOTIFY THE RESPONDENT(S) BY EMAIL, OR BY UNITED STATES MAIL IF EMAIL IS UNAVAILABLE, OF THE CURABLE DEFICIENCIES ALLEGED IN THE COMPLAINT. (2) RESPONDENTS SHALL HAVE TEN (10) BUSINESS DAYS FROM THE DATE THE NOTICE IS MAILED TO FILE AN AMENDMENT TO THE RELEVANT REPORT OR REPORTS THAT CURES ANY DEFICIENCIES SPECIFIED IN THE NOTICE. (3) AFTER THE PERIOD FOR CURE, THE CITY CLERK WILL DETERMINE, WITHIN FIVE (5) BUSINESS DAYS, WHETHER THE RESPONDENT(S) CURED THE VIOLATION(S). a. IF THE CLERK DETERMINES THAT RESPONDENT CURED THE VIOLATIONS, THE CLERK SHALL DISMISS THE COMPLAINT AND NOTIFY COMPLAINANT AND RESPONDENT OF SUCH DISMISSAL. b. IF THE CLERK DETERMINES THAT RESPONDENT FAILED TO CURE THE VIOLATION, THE CLERK SHALL NOTIFY RESPONDENT OF SUCH DETERMINATION, TOGETHER WITH THE FINE OR OTHER PENALTY IMPOSED. c. THE RESPONDENT SHALL HAVE TEN (10) BUSINESS DAYS FROM THE DATE OF THE CLERK’S NOTICE OF DETERMINATION TO EITHER PAY THE FINE AND ACCEPT ANY PENALTY IMPOSED OR CONTEST THE VIOLATION BY SUBMITTING TO THE CLERK A REQUEST FOR A HEARING. (h) UPON RECEIPT OF A REQUEST FOR A HEARING UNDER SUBSECTION (G)(3)C., OR UPON THE CLERK'S DETERMINATION THAT THE COMPLAINT FALLS UNDER SUBSECTION (F)(2)C., THE -5- CITY CLERK SHALL NOTIFY THE CITY MANAGER OF THE COMPLAINT, AND THE CITY MANAGER, IN CONSULTATION WITH THE CITY CLERK AND THE CITY ATTORNEY, SHALL REFER THE COMPLAINT TO AN INDEPENDENT HEARING OFFICER TO HEAR AND DETERMINE SUCH COMPLAINT. (i) AN INFORMAL HEARING SHALL BE SCHEDULED AS SOON AS PRACTICABLE WITH DUE REGARD FOR THE CONVENIENCE AND NECESSITY OF THE PARTIES BUT, UNLESS AN ENLARGEMENT OF TIME IS GRANTED AS SET FORTH IN SUBSECTION (K), THE HEARING SHALL BE HELD WITHIN FIFTEEN (15) CALENDAR DAYS OF REFERRAL OF THE COMPLAINT TO THE HEARING OFFICER. (j) NOTICE OF THE HEARING AND ANY APPLICABLE RULES GOVERNING THE HEARING PROCESS SHALL BE SENT TO THE COMPLAINANT AND TO THE RESPONDENT(S), WHO SHALL ALSO RECEIVE A COPY OF THE ENTIRE COMPLAINT RECEIVED BY THE CITY CLERK, WITHIN TWO (2) BUSINESS DAYS OF THE DATE OF REFERRAL OF THE COMPLETE COMPLAINT TO THE HEARING OFFICER AND MAY BE DELIVERED BY ELECTRONIC MAIL, OR BY UNITED STATES MAIL IF EMAIL IS UNAVAILABLE TO THE ADDRESS OF THE COMPLAINANT SHOWN ON THE COMPLAINT FORM AND TO THE RESPONDENT(S). (k) UPON WRITTEN MOTION, THE HEARING OFFICER MAY GRANT THE SUBJECT OF THE COMPLAINT A CONTINUANCE OF THE HEARING OF UP TO THIRTY (30) CALENDAR DAYS UPON A SHOWING OF GOOD CAUSE. (l) UPON THE REQUEST OF EITHER PARTY, THE HEARING OFFICER MAY ISSUE AN ADMINISTRATIVE SUBPOENA REQUIRING THE ATTENDANCE OF A WITNESS OR PARTY IN RELATION TO AN ALLEGED CAMPAIGN FINANCE VIOLATION, WHICH SHALL BE SERVED ON THE PARTY TO WHOM IT IS DIRECTED BY THE REQUESTING PARTY PURSUANT TO RULE 4 OF THE COLORADO RULES OF CIVIL PROCEDURE. IT SHALL BE UNLAWFUL FOR A WITNESS OR PARTY TO FAIL TO COMPLY WITH SUCH SUBPOENA, AND ANY PERSON CONVICTED OF A VIOLATION HEREOF SHALL BE PUNISHED IN ACCORDANCE WITH SECTION 1-5 OF THE CODE, PROVIDED, HOWEVER, THAT THE MUNICIPAL JUDGE SHALL NOT HAVE AUTHORITY TO IMPOSE ANY FORM OF IMPRISONMENT FOR THE SAME. (m) THE HEARING SHALL BE ELECTRONICALLY AUDIBLY RECORDED AND HELD IN SUBSTANTIAL ACCORDANCE WITH THE PROVISIONS OF SECTION 24-4-105, C.R.S., OR SUCH OTHER RULES AS THE CITY CLERK MAY HAVE PROMULGATED. THE HEARING MAY BE HELD VIRTUALLY, IN THE DISCRETION OF THE HEARING OFFICER. AT THE -6- HEARING, THE COMPLAINANT AND THE RESPONDENT(S) SHALL BE PRESENT AND, IN ACCORDANCE WITH SECTION 24-4-105(7), C.R.S., THE COMPLAINANT SHALL HAVE THE BURDEN OF PROOF IN SIMILAR MANNER AS THE PROPONENT OF AN ORDER. (n) IT SHALL BE AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT THE OFFENDER DID NOT HAVE ACTUAL KNOWLEDGE OF HIS RESPONSIBILITY UNDER THIS CHAPTER AND WAS AN UNCOMPENSATED VOLUNTEER. THIS AFFIRMATIVE DEFENSE SHALL NOT BE AVAILABLE FOR USE AS A DEFENSE BY ANY PERSON WHO HAS FILED AN AFFIDAVIT PURSUANT TO C.R.S. 1-45-110, AS SUCH SECTION PRESENTLY EXISTS OR IS HEREAFTER AMENDED. (o) FOLLOWING HEARING, THE HEARING OFFICER SHALL ISSUE A DECISION WITHIN SEVEN (7) BUSINESS DAYS. THE DECISION MAY BE ISSUED ORALLY AT THE CONCLUSION OF THE HEARING OR MAY BE ISSUED IN WRITING, AT THE DISCRETION OF THE HEARING OFFICER. (p) IF THE HEARING OFFICER DETERMINES AFTER A HEARING THAT A VIOLATION HAS OCCURRED, THE HEARING OFFICER'S DECISION SHALL INCLUDE ANY APPROPRIATE ORDER, SANCTION OR RELIEF AUTHORIZED HEREUNDER AND MAY INCLUDE, WITHOUT LIMITATION, SANCTIONS AS FOLLOWS: (1) IMPOSE A CIVIL PENALTY OF AT LEAST DOUBLE AND UP TO FIVE (5) TIMES THE AMOUNT CONTRIBUTED, RECEIVED OR SPENT IN VIOLATION OF ANY CONTRIBUTION PROHIBITION OR LIMITATION OR IN VIOLATION OF A CONTRIBUTION REPORTING REQUIREMENT. (2) IMPOSE A CIVIL PENALTY OF TWENTY-FIVE DOLLARS ($25.00) 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 (SECTION 1-45-101, ET SEQ., C.R.S.), AS AMENDED BY THIS CODE, IS NOT FILED BY THE CLOSE OF BUSINESS ON THE DAY DUE. (3) ORDER DISCLOSURE OF THE SOURCE AND AMOUNT OF ANY UNDISCLOSED CONTRIBUTIONS OR EXPENDITURES. (4) ORDER THE RETURN TO THE DONOR OF ANY CONTRIBUTION MADE WHICH WAS THE SUBJECT OF THE VIOLATION. (q) THE HEARING OFFICER'S DETERMINATION UNDER SUBSECTIONS (O) AND (P) IS A FINAL DECISION SUBJECT TO REVIEW UNDER RULE 106, C.R.C.P. -7- (r) CANDIDATES SHALL BE PERSONALLY LIABLE FOR PENALTIES IMPOSED UPON THE CANDIDATE'S COMMITTEE. (s) CIVIL PENALTIES MAY BE COLLECTED IN THE SIMILAR MANNER AS A MUNICIPAL COURT JUDGMENT UNDER THIS CODE, INCLUDING THE USE OF A PRIVATE COLLECTION AGENCY. (t) IN NO EVENT SHALL THE CITY TAKE ANY ACTION, INCLUDING REFERRING THE PENALTY DEBT TO A COLLECTION AGENCY AS CONTEMPLATED BY SUBSECTION (R), BUT NOT INCLUDING ACTION OF THE COLLECTION AGENCY, TO COLLECT CIVIL PENALTIES ASSESSED HEREUNDER AFTER THE DATE THAT IS MORE THAN ONE (1) YEAR FROM THE DATE THAT THE FILING WAS DUE. (u) A PARTY IN ANY ACTION BROUGHT PURSUANT TO THIS SECTION SHALL BE ENTITLED TO RECOVERY OF THE PARTY'S REASONABLE ATTORNEY FEES AND COSTS FROM ANY ATTORNEY OR PARTY WHO HAS BROUGHT OR DEFENDED THE ACTION, EITHER IN WHOLE OR IN PART, IF THE HEARING OFFICER FINDS ANY OF THE FOLLOWING: (1) THE ACTION, OR ANY PART THEREOF, LACKED SUBSTANTIAL JUSTIFICATION; (2) THE ACTION, OR ANY PART THEREOF, WAS INTERPOSED FOR DELAY OR HARASSMENT; OR (3) THAT AN ATTORNEY OR PARTY UNNECESSARILY EXPANDED THE PROCEEDING BY OTHER IMPROPER CONDUCT, INCLUDING BUT NOT LIMITED TO ABUSES OF DISCOVERY PROCEDURES AUTHORIZED BY THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION, NO ATTORNEY FEES SHALL BE AWARDED UNLESS THE HEARING OFFICER HAS FIRST CONSIDERED THE PROVISIONS OF SECTIONS 13-17-102(5) AND (6), C.R.S. AS USED HEREIN, LACKED SUBSTANTIAL JUSTIFICATION MEANS SUBSTANTIALLY FRIVOLOUS, SUBSTANTIALLY GROUNDLESS OR SUBSTANTIALLY VEXATIOUS. (V) IF A COMPLAINT UNDER THIS SECTION IS FILED AGAINST A CANDIDATE FOR THE OFFICE OF CITY CLERK, THE DUTIES ASSIGNED BY THIS SECTION TO THE CITY CLERK SHALL BE PERFORMED BY THE MUNICIPAL JUDGE. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. -8- Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday January 25, 2021 at 7:00 p.m., as a virtual meeting, and that it take effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 25th day of January, 2021. SIGNED by the Mayor on this 25th day of January, 2021. _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 28, 2021 Jeffco Transcript Effective Date: February 12, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager Jerry Dahl, City Attorney DATE: April 13, 2021 (for April 19, 2021 Study Session) SUBJECT: Prohibiting the Possession of Deadly Weapons on City-owned Property ISSUE: A growing concern exists today with the increase in gun and deadly weapon violence throughout the United States. These acts of violence contribute to increased personal safety concerns for visitors and guests at City-owned properties and for employees of the City. City-owned buildings and property should be considered safe, available, and open. The lack of deadly weapons in those settings contributes to the sense of safety of visitors, guests, elected officials and employees. Sections 16-81 and 17-53 of the Wheat Ridge Code of Laws currently addresses “weapons” but does not prohibit the possession of deadly weapons on City-owned property. PRIOR ACTION: City Council considered an ordinance in 2003 to prohibit the open carrying of firearms on public property. However, the ordinance was never adopted. BACKGROUND: Municipalities within the state of Colorado have the authority to regulate the possession of certain firearms and deadly weapons in specific settings. Many Colorado municipalities have had similar prohibitions of the possession of weapons in public settings in place for a number of years, including Lakewood, Arvada, Golden, Denver and Jefferson County. (See Attachment 1 for full list). Two practices are currently in effect in City facilities. First, deadly weapons and other bladed objects including scissors and pocketknives are prohibited in municipal court under the inherent power of the court’s rulemaking authority. Visitors are screened by x-ray machine and metal detectors upon entry to court. Second, for the safety of visitors and guests, signage is posted at the Wheat Ridge Recreation Center advising patrons that the open carry of firearms is prohibited; however, the City does not have legal authority to enforce this. Under state law, the definition of a deadly weapon includes not only firearms but also a “knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.” C.R.S. § 18-1-901. Due to protection provided under state law, the prohibition cannot extend to individuals who are carrying a concealed firearm and who possess a concealed carry permit, unless the City takes the Item No. 2 additional step of providing metal detectors with security personnel. C.R.S. § 18-12-214. The draft 2003 City Ordinance addressed two (2) goals: 1. Align the City Code with state law concerning concealed carry; and 2. Prohibit the carrying of firearms on City property. Staff believes it is now appropriate to consider a similar ordinance with the 2nd goal modified to prohibit the carrying of deadly weapons (not merely firearms) on City property. RECOMMENDATIONS: Staff recommends the preparation of an ordinance for Council consideration that includes: • Aligning the City Code with state law concerning concealed carry; • Aligning the City Code with the state law definition of “deadly weapon”; and • Prohibiting the carrying of “deadly weapons” upon City-owned property. ATTACHMENTS: 1. Government survey 2. The 2003 City Ordinance (unadopted) Survey of Colorado governments restricting the open carry of firearms and/or deadly weapons on property owned by that government Government Yes No Ft. Collins X Superior X Bennett X Mountain Village X Aspen X Federal Heights X Lakewood X Breckenridge X Denver X Boulder X Parachute X Arvada X Golden X Jefferson County X Centennial X Westminster X Littleton X Northglenn X Creede X Minturn X Monte Vista X Del Norte X Collbran X La Jara X Kremmling X Edgewater X Louisville X ATTACHMENT 1 CNB\53027\449460 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. ________ Ordinance No. _________ Series of 2003 TITLE: AN ORDINANCE PROHIBITING THE OPEN CARRYING OF FIREARMS ON PUBLIC PROPERTY AND ELIMINATING FIREARM RESTRICTIONS INCONSISTENT WITH STATE LAW WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado, including the power to proscribe and punish criminal conduct within the City; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City Council") previously adopted ordinances regulating the sale, purchase, possession and use of firearms within the City; and WHEREAS, the Colorado Legislature has enacted legislation that prohibits local governments from regulating concealed carrying of handguns (Part 2, Article 12, Title 18, C.R.S.), that forbids local firearm regulation that is more restrictive than state or federal law and that requires local governments to adopt a law and post signs to prohibit the open carrying of firearms in public areas and buildings (Article 11.7, Title 29, C.R.S.); and WHEREAS, certain sections of the Code of Laws of the City of Wheat Ridge ("Code of Laws") regulate the concealed carrying of handguns or prohibit firearm possession that is otherwise allowed under state or federal law; and WHEREAS, without acknowledging that the regulation of firearms within municipal boundaries is a matter of statewide concern, the City Council deems it appropriate to amend the Code of Laws of the City of Wheat Ridge ("Code of Laws") to comply with the above-referenced state legislation; and WHEREAS, the City Council finds and determines that the open display of firearms on public property unduly compromises the effective functioning of government within City buildings and interferes with public enjoyment of City parks, trails and other public areas; and ATTACHMENT 2 CNB\53027\449460 WHEREAS, the City Council desires to prohibit the open carrying of firearms in and upon all public property within the City in accordance with state law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection (b) of section 16-87 of the Code of Laws, Carrying, etc., where intoxicants are sold, is amended as follows: (b) The provisions of this section shall not apply to peace officers or any other person duly licensed or authorized under applicable state or federal law to carry such weapon concealed, nor to persons carrying such weapons in their place of business or having control of the premises at the time of the act of carrying. Section 2. Section 17-37 of the Code of Laws is amended as follows: Section 17-37. Weapons. (A) IT SHALL BE UNLAWFUL TO CARRY A FIREARM UPON OR WITHIN ANY PARK OR RECREATION AREA WITHIN THE CITY IN ACCORDANCE WITH SECTION 16-89 OF THIS CODE. (B) It shall be unlawful to bring upon or to discharge within any park or recreation area within the city any weapon THAT IS NOT A FIREARM, AS THAT TERM IS DEFINED BY SECTION 16-81 OF THIS CODE, however described, including merely as means of description and not by way of limitation, guns of any caliber or description, including firearms, BB guns, pellet guns, and air guns, bows and arrows, slingshots, etc., or any explosive device or substance including fireworks. Section 3. Chapter 16 of the Code of Laws is amended by the addition of a new Section 16-89, to read in its entirety as follows: Section 16-89. Open carrying on public property. (a) It is unlawful for any person to carry a firearm, other than a concealed handgun carried pursuant to a valid permit, on public property. (b) For purposes of this section "public property" means all buildings, facilities, real property and portions thereof: (1) Owned in whole or in part by the City or in which the City CNB\53027\449460 has a leasehold interest, whether as lessor or lessee; and (2) Posted by the City with a sign at the public entrances notifying the public that the open carrying of firearms is prohibited on the property. (c) The Chief of Police or his or her designee is authorized and directed to post the public entrances of all public property with signs notifying the public that the open carrying of firearms is prohibited, unless otherwise directed by formal action of the City Council. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ______ day of _________________ , 2003, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for ______________________ , 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ____ day of ___________________ , 2003. CNB\53027\449460 SIGNED by the Mayor on this ________ day of ____________________, 2003. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Allison Scheck, Administrative Services Director DATE: April 13, 2021 (for April 19 study session) SUBJECT: New Full Time Employee Position – Licensing Technician ISSUE: With the addition of several new licensing programs including massage, short-term rentals and tobacco retailing, and with the potential for hotel licensing and the need for increased customer service support in the area of business licensing and sales tax, staff recommends the addition of a full time Licensing Technician position to the finance staff. PRIOR ACTION: On August 10, 2020, City Council enacted ordinance 1696 which created a licensing program for massage businesses in Wheat Ridge. The ordinance, which became effective August 28, 2020 requires a massage business to obtain a massage business license and a massage business manager’s license in addition to a regular business license on an annual basis. This licensing program enables the City to better regulate and enforce the massage industry in Wheat Ridge as outlined in the ordinance. On February 20, 2021, City Council held a strategic planning retreat. At this retreat, elected officials prioritized improving and streamlining business and building license processes. There was discussion at the retreat about increasing the level of customer service and support in the areas of business licensing and tax. On February 22, 2021, City Council enacted ordinance 1709 which created a licensing program for short-term rentals in Wheat Ridge. The ordinance, which becomes effective May 1, 2021, requires the owner of a short-term rental to obtain a license on an annual basis in order to rent a portion or the entirety of a dwelling unit to a short-term renter. This licensing program enables the City to better regulate and manage short-term rentals in Wheat Ridge neighborhoods and will generate licensing fees and lodgers’ taxes. On March 1, 2021, City Council provided consensus for the Police Department to move forward with drafting an ordinance to create a hotel licensing program. While the details of this licensing and enforcement program have not yet been solidified, this program is intended to lower the calls for service, and therefore decrease the burden on PD resources, through a licensing program. On April 12, 2021, City Council enacted ordinance 1710 which creates a licensing program for Item No. 3a tobacco retailers. The ordinance, which becomes effective July 1, 2021, requires the owner of a business that sells tobacco products to obtain an annual license in addition to their business license. This program will generate approximately $17,500 in license fees annually. BACKGROUND: The City’s Finance Division consists of 6.5 positions: 1. Finance Manager 2. Staff Accountant 3. Accounting Technician 4. Revenue Auditor 5. Revenue Technician 6. Payroll Supervisor 7. Payroll Technician (part time – 20 hours per week) This lean team is responsible for the collection of sales and use taxes, auditing of businesses, business licensing, accounting, accounts payable, financial reporting, supporting the City’s financial audit, cashflow management, treasury services and payroll. The workload generated by the addition of the massage licensing program continues to be significant as the Finance and Police Department teams work collaboratively to use the many tools provided in the ordinance to ensure that massage is provided by licensed massage therapists in a safe and healthy environment. The Revenue Auditor, whose main function is to ensure that businesses are complying with the tax code in Wheat Ridge, has been partially diverted to this program which is showing signs of success through careful implementation. While much of the hard work to bring existing businesses into compliance has been accomplished, staff realizes that ongoing assistance and communication will be required with both existing and new businesses. Similarly, the Revenue Auditor has been assisting the Finance Manager with the early implementation stages of the short-term rental licensing program. Currently, staff is working with the licensing vendor, LodgingRevs, to ensure the City is ready to accept registrations beginning May 1, 2021. While the vendor will handle email and mail correspondence with applicants, collect fees and lodgers’ tax payments and scan for noncompliant hosts, staff will play an important part in processing licenses, fees and taxes, and must be ready to deliver customer service to hosts, renters and interested neighbors about the specifics of the ordinance. Staff will also need to track noncompliant hosts who are banned from applying for a license for a period of one year. The workload associated with tobacco retailer licensing will include annual outreach to businesses and tracking of penalties over a rolling three-year period. This is likely to be similar for hotel licensing, should Council choose to pursue that program. In addition, and as expressed by several elected officials at the February 20, 2021 retreat, additional customer service support in the area of business licensing and tax reporting and collection is warranted. A job description for the Licensing Technician is attached for City Council’s review. This position will be responsible for the implementation and administration of the new licensing programs including massage, short-term rentals, tobacco retailing and any future licensing programs. The position has a high customer service focus and is the main requirement for experience. Management envisions the person in this role will be a front line worker; educating relevant businesses and homeowners about these licensing programs, processing and tracking licenses, collecting and processing fees and delivering exceptional customer service. Additionally, the position will serve as a backup to the Revenue Technician, particularly during the annual licensing renewal season and again, with a high customer service focus. Financial Impact: The position has been classified by the Human Resources Manager as a non-exempt grade 50 in the City’s pay plan. The position’s pay range is $39,500 to $55,300. Assuming a starting rate close to the middle of the grade, and inclusive of FICA, Medicare, pension and benefits, the cost for a full year is estimated at $63,689. For 2021, this will require a budget supplemental appropriation of $31,845 assuming a start date of June 1, 2021. Funding for this position will be offset to some degree, if not fully, by unbudgeted fees and taxes generated by short-term rental and tobacco retailing programs as these programs develop. Revenue estimates are as follows • Short-term Rentals. o Lodger’s taxes estimate - $100,000 (150 units x 67 average nights rented x $100 average nightly rate) o (License fees not included here as the fees offset the vendor management fee) • Tobacco Retailers - $17,500 (70 retailers x $250 annual fee after first year) Additionally, hiring this position now will allow the Revenue Auditor to return to auditing businesses full time, ensuring compliance with the Wheat Ridge tax code and securing sales and use tax revenues due to the City. A renewed focus on auditing will ensure budgetary goals are met ($200,000 for 2021). The 2021 Budget was developed with very conservative revenue projections in mind, showing a 10% decline in revenues compared to the 2020 year-end estimated revenues. The budget, as published, results in an estimated 21% unrestricted fund balance at the end of 2021 ($7,870,414). Every indication thus far shows that revenues are outperforming budget projections. On April 13, 2021, Jefferson County announced plans for a return to a “new normal” which includes moving to a new Level Clear on May 15, 2021 with no capacity restrictions for businesses, depending on any further state guidance. This bodes well for continued revenue growth that outpaces projections in 2021 due to increased taxes and recreation program fees. RECOMMENDATIONS: Staff is requesting consensus to move forward with the addition of the Licensing Technician as an approved position with a budget supplemental appropriation of $31,845 for salary and benefits for the remainder of 2021. If consensus is reached, staff will ask for official action by resolution to add the employee to the staffing plan and appropriate funding at the April 19, 2021 regular business meeting. ATTACHMENTS: 1. Licensing Technician Job Description Licensing Technician FLSA STATUS: NON-EXEMPT SUPERVISOR: FINANCE MANAGER SALARY GRADE: NE 50 APPROVED BY: ALLISON SCHECK, DIRECTOR DEPARTMENT: ADMINISTRATIVE SERVICES EFFECTIVE DATE: 4/1/21 DEFINITION: This position will provide technical support to and facilitate the implementation of the City’s special business licensing programs which currently include Short Term Rentals (“STR”), Tobacco Retailing and Massage. Others, such as hotel licensing and other programs, may well be added in the future. This position requires a high degree of interaction with business owners and other members of the public affected by licensing programs, and collaboration with City staff in other departments such as Community Development and the Police Department. The City’s licensing programs have expanded as has the City’s economy. As such, a successful incumbent in this position will be required to deliver superior customer service and demonstrate attention to detail and organizational skills. The position is part of the Revenue team in the Finance Division and will support general business licensing programs. These efforts will include providing backup support to the Revenue Technician during busy times of the year, assisting tax payers in person, by phone and by email, communicating with license holders and new applicants, notifying existing license holders of renewal requirements, administering forms associated with licensing, collecting appropriate fees, answering questions and helping to resolve complaints and licensing issues. ESSENTIAL DUTIES: The following duties are illustrative only and are not intended to be all inclusive. Accurately and efficiently collect licensing applications and associated forms and paperwork for designated licensing programs (for example, STR, Tobacco Retailing, etc.) Act as the main customer service representative for the City’s licensing programs and assist with ongoing outreach and communication to licensees about the licensing programs. Interpret relevant sections of Municipal Code for licensees and facilitate understanding of the Code with all customers. Identify potentially non-compliant licensees and increase awareness and encourage compliance in a professional and courteous manner. Track licensee violations and infractions Monitor and update software application databases, such as LodgingRevs and ADG, with timely and appropriate information . Provide backup support to Revenue Technician and Revenue Auditor with tasks associated with business licenses, marijuana licenses and liquor occupation licenses. ATTACHMENT 1 Provide support to Finance Manager, the Police Department and Community Development with evidence and documentation needed for violation procedures when appropriate. Assist other Finance personnel in auditing certain license holders for failure to report tax, failure to license, and other violations. Liaise with Code Enforcement and Municipal Court to facilitate the processing of liens and fines. ADDITIONAL DUTIES: Generation of reports and memos Assist with licensee and education and communication efforts about license programs and corresponding taxes Assist other members of the Finance team and Administrative Services Department from time to time with general tasks Perform other duties as required and as assigned SUPERVISION RECEIVED: Works under the direct supervision of the Finance Manager SUPERVISION EXERCISED: None INDEPENDENCE OF ACTION: This position operates in accordance with standard practice. Requires initiative to complete recurring assignments independently. Requires judgement to determine which of many methods are applicable in any given situation. Finished work is reviewed for accuracy, quality and completeness. Unfamiliar situations are referred to the supervisor. WORKING CONDITIONS/PHYSICAL AND MENTAL EFFORT: Work is performed in a standard office environment although there will be a high degree of public interaction and communication with exposure to periods of high activity and possible stressful interactions with the public. Job entails typing, word processing and/or data processing requiring repetitive motion and sitting. The employee is frequently required to talk or hear; occasionally required to walk, use hands to finger, handle, or feel objects, tools, or controls, and reach with hands and arms. Specific vision abilities required include close vision and ability to adjust focus. Work does not require exertion or physical strain. Work requires frequent concentration on an activity where the flow of work is intermittent or the operation involves little attention and/or little checking. EQUIPMENT USED: Standard office equipment to include computer and associated software, copier, calculator, multi-line phone, and fax machine. Departments may vary in types and additional equipment, i.e., labeling equipment, shredder, tape recorder, etc. QUALIFICATIONS: Knowledge – Familiarity of the license and tax functions of City government; principles, practices, and techniques of modern office management, business English, spelling, grammar, basic accounting, computers and associated software. Skills - Read, write and verbally communicate at a level appropriate to the duties of the position; operate a computer for word processing, data entry, retrieval and other uses; write correspondence and provide customer service, directions, and feedback; organizational and time management skills essential. Abilities – Must possess average to strong Microsoft Excel and Word skills; ability to learn new database and software systems (such as ADG financial software and LodgingRevs STR management software); excellent communication and customer service skills and the ability to de-escalate challenging customer interactions; excellent verbal and written communication skills; ability to learn, synthesize and interpret relevant Municipal Code; diplomacy, communication and conflict management skills; sound judgment and discretion are essential. EVIDENCE OF QUALIFICATIONS: Education – High School diploma or equivalent. Associate’s degree or higher in business, finance, public administration or a related field preferred. Experience – Two to Four (2-4) years of experience in a professional office environment with significant contact with the public or experience in customer service. or Any equivalent combination of training and experience that provides evidence that the applicant possesses the required knowledge, skills and abilities.