HomeMy WebLinkAboutOrdinance-1979-0302INTRODUCED BY COUNCILMEMBER DONALDSON
ORDINANCE NO. 302
Series of 1978
TITLE: AN ORDINANCE TO ESTABLISH AN ELECTION CODE OF ETHICS
FOR MUNICIPAL ELECTIONS OF THE CITY OF WHEAT RIDGE,
COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Chapter 5A of the Code of the City of Wheat Ridge,
Colorado, is hereby enacted as a new chapter to the Code of
the City of Wheat Ridge, Colorado, entitled "Municipal Elections
Election Code of Ethics" to read as follows:
CHAPTER 5A
MUNICIPAL ELECTIONS ELECTION CODE OF ETHICS
Sec. 5A-1 Title and purpose.
Sec. 5A-2 Disclosure of campaign contributions and
expenditures.
Sec.
5A-3
Disclosure of contributors
kind and recipients.
Sec.
5A-4
Disclosure of conflicts of
Sec.
5A-5
Personal disclosure.
Sec.
5A-6
City Clerk.
Sec.
5A-7
Filing and disclosure.
Sec.
5A-8
Effective date.
Sec.
5A-9
Violation - penalty.
of cash and service in
interest.
Sec. 5A-1. Title and Purpose. This ordinance shall be known
and cited as the Wheat Ridge Code of Ethics for Municipal
Elections. The purpose shall be to establish standards
of conduct and to set forth guidelines for disclosure
of pertinent information by candidates for elected
municipal office.
Sec. 5A-2. Disclosure of campaign contributions and expenditures.
(a) All candidates for elected municipal office in the City
of Wheat Ridge shall disclose the total amount of any
contributions received by them and the names and addresses of
all persons contributing amounts in excess of $25.00 to their
campaign and the amount of each such contribution. The disclosure
shall be in written form and filed with the office of the City
Clerk of the City of Wheat Ridge, not later than 30 days after
the municipal election in which they are a candidate for
office.
(b) All candidates for elected municipal office in the City
of Wheat Ridge shall disclose the total amount of all expenditures
made by them for campaign purposes and the names and addresses
of those persons receiving such expenditures in excess of $25.00.
Such disclosure shall be filed in written form with the office
of the City Clerk of the City of Wheat Ridge, no later than
30 days after the municipal election in which the person is a
candidate for office.
Sec. 5A-3. Disclosure of contributors of cash and service
in kind and recipients.
(a) All candidates for elected municipal office in the
City of Wheat Ridge shall disclose the names and addresses
ORDINANCE NO. 302
PAGE TWO
of contributors of cash or services in kind, and the amount
of such cash or services, if the amount of such cash or
services from any one person, corporation, organization or
entity is in excess of $25.00, and if such cash or service
is received by the candidate, is contributed at the candidate's
specific direction, or is contributed with the candidate's
actual knowledge. The written disclosure shall be submitted
to the office of the City Clerk of the City of Wheat Ridge,
no later than 30 days after the municipal election in which
the person is a candidate for office.
(b) All candidates for elected municipal office in the City
of Wheat Ridge shall disclose the names and addresses and the
amount received of recipients, if any, of any expenditures of
cash or services in kind received on their behalf and at their
specific direction or with their actual knowledge, if any such
expenditure exceeds $25.00 in any single case. Such disclosure
shall be filed in written form with the office of the City
Clerk, not later than 30 days after the municipal election
in which the person is a candidate for office.
Sec. 5A-4. Disclosure of conflicts of interest.
(a) Definitions:
(1) Office having a substantial discretionary function
shall include all elected officials.
(2) Potential conflict of interest exists when the
office holder is a director, president, general manager,
agent, representative, or similar executive officer, or
owns or controls, directly or indirectly, a substantial
interest in any nongovernmental entity participating
in the transaction.
(b) Each candidate for elected municipal office in the
City of Wheat Ridge shall disclose, by written memorandum,
any known potential conflict of interest were the candidate
elected to an office having any substantial discretionary
function in connection with a municipal contract, purchase,
payment, or other pecuniary transaction.
(c) The purpose of such disclosure is to avoid any possible
appearances of a conflict of interest in holding elected
municipal office and engaging in personal and business trans-
actions with the City of Wheat Ridge.
(d) The written disclosure, referred to in subsection (b)
of this section, shall be filed with the office of the City
Clerk, not later than two weeks prior to the municipal
election in which the person is a candidate for office.
Sec. 5A-5. Personal disclosure.
(a) Each candidate for elected municipal offfice in the
City of Wheat Ridge shall disclose the following:
(1) All real property and interests therein located
in the City of Wheat Ridge, including the street
address or location.
(2) Any and all business interests in regard to doing
business with the City and/or competing with the City
in acquisition of any real property, contracts, options,
materials, labor or other pecuniary transactions.
ORDINANCE NO. 302
PAGE THREE
(3) Any business endeavors or interests within the
City of Wheat Ridge with other elected officials.
(b) The disclosures of Section 5A-5 of this ordinance shall
be submitted in written form, at least 21 days before
election, to the office of the City Clerk.
Sec. 5A-6. City Clerk. The office of the City Clerk of the
City of Wheat Ridge, shall provide each candidate for elected
municipal office a copy of this Chapter 5A.
Sec. 5A-7. Filing and disclosure. Notwithstanding any other
provision of this ordinance not more than 30 days
after their election, defeat, re-election, appointment or
retention in office, written disclosure, on forms to be supplied
by the City Clerk, of the matters required to be disclosed
by the provisions of this ordinance, shall be made to and
filed with the City Clerk of the City of Wheat Ridge, by
all of the persons who were candidates for the position of:
(a) Mayor or member of the City Council of the City
of Wheat Ridge;
(b) City Clerk;
(c) City Treasurer.
Sec. 5A-8. Effective date. This ordinance shall take effect
on December 15, 1978.
Sec. 5A-9. Violation - Penalty. Violations of the provisions
of Chapter 5A of the Code of the City of Wheat Ridge shall be
punishable by a fine not to exceed $300.00 or by imprisonment
in the City jail or County jail not to exceed 90 days or by
both such fine and imprisonment.
Section 2. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any
person or circumstances shall for any reason be adjudged by
a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this ordinance
or its application to other persons or circumstances.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
6 to 0 on this 13th day of November , 1978;
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 December 11 , 1978, at
7:30 o'clock p m., at Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 6 to 0 this 11th day of
December , 1978.
SIGNED by the Mayor on this Th day of
December , 1978.
e o
Mayor Oliver V. Phillips
ATTEST:
City Clerk Carol F: / ampf
Presented to Mayor Dec. 12, 1978
ORDINANCE NO. 302 PAGE FOUR
lst Publication Nov. 16, 1978
2nd Publication uec. 21, 19/8
Wheat i ge entinel
Effective Date Dec. 15, 1978
APPROVED BY OFFICE OF
CITY ATTORNEY: 1