HomeMy WebLinkAboutOrdinance-1981-0463INTRODUCED BY COUNCiJ1FVBPR AIELLO
ORDINANCE NO. 463
Series of 1981
TITLE: AN ORDINANCE REPEALING SECTIONS 5A-3, 5A-4, 5A-5,
5A-6, 5A-7, AND 5A-8 OF THE CODE OF LAWS OF THE
CITY OF WHEAT RIDGE, AND AMFNDING THE CODE OF LAWS
OF THE CITY OF WHEAT RIDGE BY ADDING SECTIONS 5A-3
THROUGH 5A-24, INCLUSIVE, RELATING TO FINANCIAL
DISCLOSURE REQUIREMENTS OF CANDIDATES FOR ELECTED
MUNICIPAL OFFICE AND POLITICAL COMMITTEES, AND
PROVIDING A PENALTY FOR VIOLATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1: Sections 5A-3, 5A-4, 5A-5, 5A-6, 5A-7, and
5A-8 of the Code of Laws of the City of Wheat Ridge are
hereby repealed in their entirety.
Section 2: Article II, Code of Ethics, of Chapter 5A
of the Code of Laws of the City of Wheat Ridge is hereby
amended by the addition of the following sections:
5A-3 LEGISLATIVE DECLARATION
The City Council of the City of Wheat Ridge hereby
finds and declares that the interests of the people of this
City can be better served through a more informed public;
that the trust of the people is essential to representative
government; and that public disclosure and regulation of
certain campaign practices will serve to increase the people's
confidence in their elected officials. Therefore, it is the
purpose of this article to promote public confidence in
government through a more informed electorate.
5A-4 DEFINITIONS
requires:
As used in this article, unless the context otherwise
(A) "Appropriate officer" means the City Clerk of
the City of Wheat Ridge.
(B) "Campaign treasurer" means the treasurer of
any candidate for election to any elected
municipal office or of any political committee.
A candidate may appoint himself campaign
treasurer.
(C) "Candidate" means any person who:
(1) Seers election to any elected municipal
office which is to be voted for in this
City at any municipal election. A person
is a candidate for election if he has
publicly announced his intention to seek
election to municipal office, has filed
nominating petitions for municipal office
in a nonpartisan electicn, or has been
chosen to fill any vacancy.
(2) As an incumbent, still has an unexpended
balance of contributions or a debt or
deficit or who receives contributions or
contributions in kind.
(D) "Contribution" means a gift, loan, pledge, or
advance of money or a guarantee of a loan
made to or for any candidate or political
committee for the purpose of influencing the
passage or defeat of any issue or the retention,
election, or defeat of any candidate. "Contribution"
includes a transfer of any money between one
political committee and another; a gift of
money to or for any incumbent in public office
from any other person, the purpose of which
is to compensate him for his public service
or to help defray his expenses incident thereto
but which are not covered by official compensation;
the payment of any money by any person, other
than a political committee working on a candidate's
behalf, for political services rendered to
the candidate or political committee; any
payment made to third parties at the request
of or with the prior knowledge of a candidate,
political committee, or agent of either; and
any payment made after an election to meet
any deficit or debt incurred during the course
of the campaign. "Contribution" does not
include services provided without compensation
by individuals volunteering their time on
behalf of a candidate or political committee.
Any transfer of money between political committees
is an expenditure by the political committee
which dispenses the money and is a contribution
to the political committee which receives the
money.
(E) "Contribution in kind" means a gift or loan
of any item of real or personal property,
other than money, made to or for any candidate
or political committee for the purpose of
influencing the passage or defeat of any
issue or the nomination, retention, election,
or defeat of any candidate. "Contribution in
kind" includes a gift or loan of any item of
real or personal property other than money,
to or for any incumbent in public office from
any other person, the purpose of which is to
compensate him for his public service or to
help him defray his expenses incident thereto
but which are not covered by official compensation.
Personal services are a contribution in kind
by the person paying compensation therefor;
volunteer services are not included. "Contribu-
tion in kind" does not include an endorsement
of candidacy or issue by any person. In
determining the value to be placed on contribu-
tions in kind, a reasonable estimate of fair
market value shall be used.
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(F) "Election" means any general or special election
or any election at which an issue is submitted
to the electorate as required or permitted by
law. "Election" includes a recall election
held pursuant to law, and also includes elections
for initiative and referendum.
5A-5
(G) "Expenditure" means the payment, distribution,
loan, or advance of any money or contribution
in kind by any candidate, political committee,
or agent of either for the purpose of influencing
the passage or defeat of any issue or the
retention, election, or defeat of any candidate.
"Expenditure" does not include services provided
without compensation by any candidate or
political committee or expenditures from the
candidate's own funds for his personal or
family activities. An expenditure occurs
when the actual payment is made or when there
is a contractual agreement and the amount is
determined.
(H) "Issue" means any proposition or initiated or
referred measure which is to be sumitted to
the electors for their approval or rejection.
An issue includes the recall of any officer
as provided by law.
(I) "Person" means any individual, partnership,
committee, association, corporation, labor
organization, or other organization or group
of persons.
(J) "Political committee" means any two or more
persons who are elected, appointed, or chosen
or who have associated themselves or cooperated
for the purpose of accepting contributions or
contributions in kind or making expenditures
to support or oppose a candidate for public
office at any election or seek to influence
the passage or defeat of any issue. "Political
committee" includes any political party or
committee thereof at any level or a political
organization as defined in C.R.S. 1973, as
amended, 1-1-104. "Political committee" also
includes a separate political education or
political action fund or committee which is
associated with an organization or association
formed principally for some other purpose and
includes an organization or association formed
principally for some other purpose insofar as
it makes contributions or contributions in
kind or expenditures.
(K) "Elected municipal office" means the offices
of Mayor, member of City Council., City Clerk,
and City Treasurer.
FILING - WHERE TO FILE
(A) For the purposes of meeting the filing require-
ments of this article, candidates for elected
municipal office, or any office representing
more than one political committee in support
of or in opposition to such candidates or in
support of or in opposition to issues shall
file with the City Clerk.
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(B) Reports required to be filed by this article
shall be deemed timely filed if mailed by
first-class mail and postmarked or received
by the appropriate officer not later than the
designated day.
(C) Any political committee in support of or in
opposition to any issue which receives during
any calendar year contributions or contributions
in kind not exceeding, in the aggregate, two
hundred fifty dollars or which makes expenditures
which do not exceed, in the aggregate, two
hundred fifty dollars shall not be subject to
the reporting provisions of this article.
The provisions of this subsection (C) shall
not exempt any political committee from the
requirements of section 5A-7.
5A-6 CANDIDATE AFFIDAVIT - DISCLOSURE STATEMENT
when any individual becomes a candidate, such
individual shall certify, by affidavit filed with the appropriate
officer within ten days, that he is familiar with the provisions
of this article. Any contributions or expenditures received
or made in behalf of the candidacy of such individual prior
to the filing of such affidavit shall be reported in the
first reporting period., and such report shall include the
information required under section 5A-9(D). Nothing in this
section shall prohibit an indivudual from filing such affidavit
prior to the time he becomes a candidate.
5A-7 ORGANIZATION OF POLITICAL COMMITTEES
(A) Every political committee supporting or opposing
a candidate, or issue shall file a statement
of organization with the appropriate officer
no later than fifteen days after opening a
bank account as required by section 5A-8.
(B) The statement of organization shall include:
(1) The name, the address, the candidate or
issue it supports or opposes, and any
other purpose of the committee;
(2) The name and address of the campaign
treasurer of the political committee.
(C) Any political committee whose purpose is the
recall of any elected official shall file a
statement of organization with the appropriate
officer no later than fifteen days after
opening a bank account. Reports of contribu-
tions and expenditures shall be filed with
the appropriate officer within fifteen days
after the filing of the statement of organization
and every thirty days thereafter until the
date of the recall election has been established,
at which time the political committee shall
follow the provisions of section 5A-9.
5A-8 DEPOSIT OF CONTRIBUTIONS
All contributions received by a candidate or political
committee shall be deposited in a financial institution in a
separate account whose title shall include the name of the
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candidate or political committee. All records pertaining to
such accounts shall be maintained by the candidate or political
committee for sixty days after submission of the final report
unless a complaint is filed, in which case they shall be
maintained until final disposition of the complaint and any
consequent litigation. Such records shall be subject to
inspection at any hearing held pursuant to this article.
5A-9 REPORTS - CERTIFICATION AND FILING
(A) The campaign treasurer shall file reports of
all contributions received and all expenditures
made by or on behalf of such candidate or
political committee. Reports shall be filed
fourteen days before and thirty days after
any election. Filings shall be complete as
of five days prior to the filing date.
(B) Any incumbent in, or elected candidate to, as
defined in section 5A-4(C), public office who
receives any contribution or contribution in
kind from any other person, the purpose of
which is to compensate him for his public
services or to help him defray his expenses
incident thereto but which are not covered by
official compensation, shall file with the
appropriate officer, on or before January 15
of each year, a supplemental report for the
preceding calendar year. Such report shall
be on forms prescribed by the City Clerk and
shall contain substantially the same information
as prescribed in subsection (D) of this section.
(C) All reports required by this section shall be
filed with the appropriate officer and shall
be open to inspection by the public during
regular business hours. Any report which is
deemed to be incomplete by the appropriate
officer shall be accepted on a conditional
basis, and the campaign treasurer shall be
notified by registered mail with respect to
any deficiencies found. The campaign treasurer
shall have seven days from receipt of such
notice to file an addendum to the report
providing all information deemed necessary to
complete the report in compliance with this
section.
(D) Each report required by this section shall
contain the following information:
(1) The amount of funds on hand at the beginning
of the reporting period;
(2) The name and address of each person who
has made an aggregate contribution to or
for such candidate or political committee
within the reporting period in excess of
twenty-five dollars or a contribution in
kind in excess of one hundred dollars,
together with the amount and date of
such contribution, or a chronological
listing of all contributions and contribu-
tions in kind, including the name and
address of each contributor;
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(3) The total sum of all contributions and
contributions in kind to or for such
candidate or political committee during
the reporting period;
(4) The name and address of each person to
whom expenditures have been made by or
on behalf of the candidate or political
committee within the reporting period in
excess of twenty-five dollars, together
with the amount, date, and purpose of
each such expenditure and the name of
and the office sought by each candidate
on whose behalf such expenditure was
made;
(5) The total sum of all expenditures made
by such candidate or political committee
during the reporting period;
(6) The name and address of any bank or
other depository for funds used by the
candidate or political committee.
(E) The provisions of this section and section 5A-
6 shall not apply to any association, political
party, political organization, corporation,
labor organization, or other group of persons
which receives contributions or contributions
in kind from any person through events such
as dinners, luncheons, rallies, or other fund-
raising events if such contributions or contributions
in kind are intended to be given to another
organization or group of persons which in
turn distributes or contributes such contributions
or contributions in kind to one or more candidates
or political committees; except that the
provisions of paragraph (2) of subsection (D)
of this section shall apply to any such organization
or group of persons for each individual contribution
or contribution in kind which exceeds twenty-
five dollars. The reporting provisions of
this section shall apply to the organization
or group of persons receiving such contributions
or contributions in kind.
(F) Notwithstanding any other reports required
under this section, the campaign treasurer
shall file reports of any contribution or
contribution in kind in excess of five hundred.
dollars received by the candidate or political
committee at any time within sixteen days
preceding the election. This report shall be
filed or postmarked no later than forty-eight
hours after receipt of said contribution.
5A-10 UNEXPENDED CONTRIBUTIONS AND EXPENDITURE DEFICITS
(A) Any report filed under section 5A-9 shall be
final unless it shows an unexpended balance
of contributions or expenditure deficit, in
which event a supplemental report shall be
filed one year after the election to which it
applied and annually thereafter until such
report shows no such unexpended balance and
no such deficit. In the event the status of
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the balance or deficit is unchanged, no report
need be filed for the preceding calendar
year. Each such report shall be complete
through the end of the last preceding calendar
year and shall state the disposition of any
unexpended balance or deficit.
(B) The report required under subsection (A) of
this section shall disclose the full amount
of any loan reasonably related to the campaign,
the method of the loan's disposition, the
balance due on the loan, the interest, if
any, and the name of the person making the
loan. If the loan is not paid in full within
thirty days after the election to which it
applied, the candidate shall file, annually
on the anniversary date of the election to
which the loan applied, a report concerning
the disposition of the loan until the loan is
repaid. Each report concerning loans made to
any candidate or political committee shall
contain the information required by this
section.
5A-11 REPORTING REQUIREMENTS - PERSONS
(A) Not less than eleven days before an election
and not more than thirty days after the date
of an election, each person who makes any
expenditure, directly or indirectly, in an
aggregate amount exceeding one hundred dollars
in support of or in opposition to any specific
candidate or issue, other than by contribution
or contribution in kind to a candidate or
political committee directly, shall file an
individual statement of the expenditure with
the appropriate officer, which report shall
contain the following information:
(1) The name and address of any person to
whom an expenditure in excess of twenty-
five dollars has been made by any such
person in support of or in opposition to
any such candidate or issue during the
reporting period, together with the
amount, date, and purpose of each such
expenditure;
(2) The total sum of all expenditures made
in support of or in opposition to any
such candidate or issue.
5A-12 LIMITATIONS - CASH CONTRIBUTIONS
No person shall make any contribution in currency
or coin exceeding one hundred dollars in support of or in
opposition to any candidate, political committee, or issue.
5A-13 EXPENDITURES IN CASH - LIMITED
No candidate or political committee shall make any
expenditure in currency or coin exceeding one hundred dollars
for any purpose related to such candidate's campaign or to
the passage or defeat of an issue.
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5A-14 DUTIES OF THE CITY CLERK
(A) The City Clerk shall:
(1) Prescribe forms for statements and other
information required to be filed by this
article and furnish such forms and information
free of charge for use by candidates and
other persons required to file such
statements and information under this
article.
(2) Prepare, publish, and
charge to candidates,
and to other persons,
sheet setting forth a
for accounts for use
to file statements by
furnish free of
and campaign treasurers
at cost, an instruction
suggested system
Dy persons required
this article.
(3) Develop a filing and indexing system for
his office consistent with the purpose
of this article.
(4) Make the reports and statements filed
with him available for public inspection
and copying under his supervision, commencing
as soon as practicable but not later
than the end of the second day following
the day during which it was received.
He shall permit copying of any such
report or statement by hand or by duplicating
machine, as requested by any person, at
the expense of such person. No information
copied from such reports and statements
shall be sold or utilized by any person
for the purpose of soliciting contributions
or for any commercial purpose.
(5) Conduct hearings on any matter within
his jurisdiction, as provided in subsection
(B) of this section, subject to appropriations
made to the City Clerk. Any hearing
conducted by a hearing officer employed
pursuant to this paragraph (5) shall be
conducted in accordance with the provisions
of section 24-4-105, C.R.S. 1973.
(B) Any person who believes a violation of this
article has occurred may file a written complaint
no later than sixty days after the date of
the final report of a candidate or political
committee with the City Clerk. If the City
Clerk determines, after a hearing, that such
a violation has occurred, he shall so notify
the District Attorney of the First Judicial
District who shall institute a civil action
for relief, including a permanent or temporary
injunction, a restraining order, or any other
appropriate order, in the district court.
Upon a proper showing that such person has
engaged or is about to engage in such acts or
practices, a permanent or temporary injunction,
restraining order, or other order shall be
granted without bond by such court.
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5A-15 CITY CLERK - ADDITIONAL DUTIES
(A) The City Clerk shall immediately notify the
person required to file a statement if:
(1) It appears that the person has failed to
file a report as required by this article
or that a statement filed by a person
does not conform to law upon examination
of the names on the election ballot or
that a complaint has been filed against
him;
(2) A written complaint is filed with the
City Clerk by any registered elector,
pursuant to section 5A-14(B), alleging
that a statement filed with said officer
does not conform to law or to the truth
or that a person has failed to file a
statement required by law.
(B) (1) The City Clerk shall preserve any statement
or images of that statement required to
be filed by this Article for a period
ending at the termination of the term of
office of the candidate who is elected,
and statements or images of those statements
of all other candidates shall be preserved
for a period of one year after the date
of receipt. Thereafter, such statements
shall be disposed of.
(2) Notwithstanding the provisions of paragraph
(1) of this subsection (B), any statement
required to be filed under this article
shall be preserved until any complaint
initiated is resolved.
5A-16 CITY GOVERNMENT - LIMITATIONS ON CONTRIBUTIONS
(A) The City of Wheat Ridge, acting through its
City Council, shall make no contribution or
contribution in kind in campaigns involving
the nomination, retention, or election of any
person to any public office. It may, however,
make contributions or contributions in kind
in campaigns involving only issues in which
it has an official concern. In such instances,
unless specifically approved by the City
Council:
(1) No public funds or supplies shall be
expended or used;
(2) No employee or paid officer, other than
the candidate, shall work on a campaign
during working hours or use any public
facility or equipment in a campaign
during working hours;
(3) No transportation or advertising involving
public property or funds shall be provided
for the purpose of influencing, directly
or indirectly, the passage or defeat of
an issue;
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(4) No employee or officer shall
leave from his job or office
public agency, with pay, to
campaign.
5A-17 CAMPAIGN FUNDS - USE RESTRICTED
be granted
with the
work on a
No candidate or campaign treasurer shall use any
contribution or contribution in kind received from any person
for private purposes not reasonably related to influencing
the passage or defeat of any issue or the retention, election,
or defeat of any candidate or to voter registration or political
education.
5A-18 EXPENDITURES - POLITICAL ADVERTISING - RATES AND CHARGES
No candidate shall pay to any radio or television
station, newspaper, periodical, or other supplier of materials
or services a higher charge than that normally required for
local commercial customers for comparable use of space or
materials and services. Any such rate shall not be rebated,
directly or indirectly. Nothing in this section shall be
construed to prevent an adjustment in rates related to frequency,
volume, production costs, and agency fees if such adjustments
are normal charges paid by other advertisers.
5A-19 ENCOURAGING WITHDRAWAL FROM CAMPAIGN PROHIBITED
No person shall pay, cause to be paid, or attempt
to pay to any candidate or to any political committee any
money or any other thing of value for the purpose of encouraging
a candidate to withdraw his candidacy, norshall any candidate
offer to withdraw his candidacy in return for money or any
other thina of value.
5A-20 APPLICABILITY
(A) The provisions of this article shall apply to
any elected office or to any election upon
any issue within the City of Wheat Ridge;
(B) Failure to comply with the provisions of this
article in any respect shall have no effect
on the validity of any election or issue, or
bonds issued pursuant to law; except that the
penalty provided in section 5A-24 for a candidate
shall still apply.
5A-21 WRITE-IN CANDIDATE AFFIDAVIT
No write-in vote for any elected municipal office
shall be counted unless an affidavit of intent has been
filed with the City Clerk by the person whose name is written
in prior to five days before the day of the election indicating
that such. person desires the office and is qualified to
assume the duties of that office if elected.
5A-22 DISCLOSURE OF CONFLICTS OF INTEREST
(A) Definitions:
(1) "Office having a substantial discretionary
function" shall include all elected
officials.
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(2) "Potential conflict of interest" exists
when the office holder is a director,
president, general manager, agent, repre-
sentative, or similar executive officer,
or owns or controls, directly or indirectly,
a substantial interest in any nongovern-
mental entity participating in the
transaction.
(B) Each candidate for elected municipal office
in the City shall disclose, by written memorandum,
any known potential conflict of interest
(which would exist) 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 transactions
with the City.
(D) The written disclosure, referred to
(B) of this section, shall be filed
office of the City Clerk, not later
weeks prior to the municipal electi
which the person is a candidate for
(Ord. No. 1978-302, §1, 12-15-78)
in subsection
with the
than two
Dn in
office.
5A-23 DISCLOSURE OF REAL PROPERTY, BUSINESS INTERESTS
(A) Each candidate for elected municipal office
in the City shall disclose the following:
(1) All real property and interest therein
located in the City, 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.
(3) Any business endeavors or interests
within the City with other elected officials.
(B) The disclosures of section 5A-22 of this
article shall be submitted in written form,
at least fourteen days before election, to
the office of the City Clerk. (Ord. No. 1978-
302, §1, 12-15-78)
5A-24 PENALTY - AFFIRMATIVE DEFENSE
(A) Any person who knowingly violates any provision
of this article or who gives or accepts any
contribution or contribution in kind required
to be reported under section 5A-9 in such a
way as to hinder or prevent identification of
the true donor commits a misdemeanor and
shall be punished as provided in section 1-6
of the Code of Laws of the City of Wheat
Ridge. Any such person who conspires with
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another to violate any provision of this
article and who is also a candidate shall, in
addition, forfeit his right to take the oath
for the office to which he may have been
elected, unless he has already taken said
oath, in which case the office shall be
vacated. In the event the office to which
the candidate has been elected is vacated,
the vacancy to said office shall be filled as
provided by law.
(D) It shall be an affirmative defense to prosecution
under this article that the offender did not
have actual knowledge of his responsibility
under this article and was an uncompensated
volunteer.
(C) The appropriate officer, after proper notifica-
tion by certified mail, shall impose an additional
penalty of not more than ten dollars per day
for each day that a statement or other information
required to be filed by this article is not
filed, and the date of filing shall be the
date of the postmark if the report is mailed;
except that the appropriate officer may excuse
such penalty for bona fide personal exigencies.
(D) No person who has not fully complied with the
provisions of this article shall be permitted
to be a candidate for any public office in
any subsequent election until the deficiencies
have been corrected.
Section 3: Any provision of the Code of Laws of the
City of Wheat Ridge which is inconsistent with or contrary
to any of the provisions hereof is expressly repealed hereby.
Section 4: Safety Clause. The City Council hereby
finds, determines and declares that this ordinance is promulgated
for the health, safety and welfare of the public, and that
this ordinance is necessary for the preservation of health
and safety for the protection of public convenience and
welfare. The City Council further determines that the ordinance
bears a rational relation to these objectives.
Section 5: 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.
Section 6: This ordinance will take effect one (1) day
after final publication.
INTRODUCED, READ, AND ADOPTED on
vote of 8 to 0 this 10th
1981; ordered published in full in a
circulation in the City of Wheat Ridge
and consideration on final passage set
1981, at 7:30 o'clock p.m., at Council
29th Avenue, Wheat Ridge, Colorado.
first reading by a
day of August
newspaper of general
and Public Hearing
for August 24 ,
Chambers, 7500 West
READ, ADOPTED, AND ORDERED PUBLISHED on second and
final reading by a vote of 8 to 0 this 24th day
of August , 1981.
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6-
SIGNED by the Mayor this day of
1981.
f~i`
Frank Stites, Mayor
ATTEST:
H A
Carol Hampf, City C1 k
1st Publication: August 13, 1981
Wheat Ridge Sentine
2nd Publication: September 3, 1981
Effective Date: September 4, 1981
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY:
Co
' J
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