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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