HomeMy WebLinkAboutOrdinance-1990-0851
INTRODUCED BY COUNCILMEMBER
Brouqham
Ordinance No. 851
Series of 1990
TITLE:
AN ORDINANCE
ELECTIONS, OF
RIDGE.
AMENDING THE PROVISIONS OF CHAPTER 7,
THE CODE OF LAWS OF THE CITY OF WHEAT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
section 1. Article I of Chapter 7, Elections, of the Code of
Laws of the city of Wheat Ridge is hereby amended by adding the
following sections 7-2, 7-3, and 7-4:
Sec. 7-2. Residency Requirement for City Councilmembers.
Every registered elector eighteen (18) years of age or older on the
date of the election may be a candidate for, and hold the office
of, city councilmember within the City provided that said elector
has resided within the City limits of the City of Wheat Ridge for
a period of least twelve (12) consecutive months immediately
preceding the date of the election, and provided that said
registered elector is a resident of, and a registered elector
within, the District from which he is elected on the date of his
election. The intent of this section is to require all candidates
for public office to be a resident of the City for one (1) year
prior to the election, but said one (1) year requirement shall not
be extended to include having been a resident of the District from
which the person is elected for the entire twelve (12) month period
described above.
Sec. 7-3. Municipal Election Code adopted; exception.
Except as is specifically provided in Section 7-2 above, the
"Colorado Municipal Election Code of 1965" as the same presently
exists or as may in the future be amended, is hereby adopted by the
City of Wheat Ridge, and shall govern the conduct of all elections
held within the City of Wheat Ridge; provided, however, that the
City council of the City of Wheat Ridge, as the legislative body
of a Colorado Home Rule Municipal Corporation, may adopt ordinances
which specifically supercede the provisions of the Municipal
Election Code.
Sec. 7-4. Order of Names of Candidates appearing on ballot.
The names of all candidates for each
the City of Wheat Ridge shall appear
alphabetical order.
elective office within
upon the ballot in
Section 2. There is hereby created a new Article II of
Chapter 7 of the Code of Laws of the City of Wheat Ridge, which
shall be comprised of sections 7-10 through 7-13, inclusive as
follows:
ARTICLE II. CANDIDATE CONDUCT
Sec. 7-10. No candidate for office, nor any member of his
family, nor any member of any political committee (as defined in
section 7-23 of this Code of Laws) working on behalf of or opposed
to said candidate or any issue shall be or remain within a polling
place during the course of an election day, except when said person
is voting. During the time said person, whether a candidate, a
member of the candidate's family, or a member of a political
committee supporting or opposing a candidate, is present at the
polling place, said person shall be prohibited from engaging in
activities, or making of statements, which are intended to induce
a person to cast a ballot in favor of or opposed to said candidate
or issue. This provision shall specifically not be applied so as
to preclude the appointment of, and performance of duties by, those
poll watchers specifically designated and authorized by Colo. Rev.
Stat. 31-10-602.
Sec. 7-11. No candidate, member of the candidate's family,
or member of a political committee either in favor of or opposed
to said candidate shall be allowed to remain in the area where
votes are actually being cast and/or counted following that
person's casting of his own vote; provided, however, that this
prohibition shall not be applied to those persons designated as,
and performing the duties of, poll watchers pursuant to Colo. Rev.
stat. 31-10-602.
Sec. 7-12.
issues.
Anonymous statements concerning candidates or
(1) Any person, candidate or political committee who willfully
causes to be published or printed or who intentionally causes to
be distributed any card, pamphlet, circular, poster, dodger,
advertisement, or other writing relating to any candidate for
election for any office or relating to any issue which is to be
submitted to the electors in any election provided by law which
does not contain, clearly set apart from the text and identifying
them as sponsors, the names of the persons, associations,
committees, or corporations responsible for the publication,
printing, or distribution of the same and the name of the
president, chairman, or responsible official of each such
association, committee, or corporation is guilty of a misdemeanor
and, upon conviction thereof, shall be punished as provided in
section 1-5 of this Code of Laws; provided, however, that nothing
contained herein shall require a campaign sign for lawn, auto, or
window display to contain such identification.
(2) Subsection (1)
person who distributes,
of this section shall not apply to any
publishes, or prints any such card,
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pamphlet, circular, poster, dodger, advertisement, or other writing
but who is not responsible for authoring, authorizing, paying for,
or ordering the material.
(3) The city Council declares that the purpose of subsections
(1) and (2) of this section is to further the compelling public
interest in preserving the integrity of the election process by
providing a means of identifying those persons who author,
authorize, pay for or order the publishing, printing, or
distributing of campaign materials. Such identification is
intended to ascertain the source of statements that are fraudulent,
libelous, false, or erroneous and as a result to insulate the
election process from such statements. Such identification is also
intended to help the voters make informed decisions by permitting
interested person to ascertain and evaluate the source of the
statements.
Sec. 7-13. violations; penalty.
Any person, political committee, or entity violating any of
the provisions of this Article II shall be guilty of a misdemeanor
and upon conviction thereof shall be subject to the penalties set
forth in section 1-5 of the Code of Laws of the City of Wheat
Ridge.
Section 3. Article II. Code of Ethics of Chapter 7 of the
Code of Laws of the City of Wheat Ridge is hereby repealed and
reenacted as Article III. Code of Ethics, as follows:
ARTICLE III. CODE OF ETHICS
Sec. 7-21. Title; purpose;
This article shall be known and cited as the "Wheat Ridge Code
of Ethics for Municipal Elections." The purpose of this article
shall be to establish standards of conduct and to set forth
guidelines for disclosure of pertinent information by candidates
for elected municipal office and by political committees.
Sec. 7-22. Legislative declaration.
The city council 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.
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Sec. 7-23. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
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.
Candidate means any person who:
(1) Seeks 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 election, or has been chosen to
fill any vacancy;
(2) As an incumbent, still has an unexpended balance of
contr ibutions or a debt or def ici t or who receives
contributions or contributions in kind.
city Clerk is the elected City Clerk, or the designee of the
City Clerk. Any reference in this article to "appropriate officer"
shall be a reference to the City Clerk.
contribution means a gift, loan, 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 (1)
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.
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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 or 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. contribution in
kind does not include an endorsement of candidacy or issue by any
person. In determining the value to be placed on contributions in
kind, a reasonable estimate of fair market value shall be used.
Elected municipal office means the offices of mayor, member
of city council, city clerk and city treasurer.
Election means any general or special election
at which an issue is submitted to the electorate
permitted by law. Election includes a recall
pursuant to law, and also includes election for
referendum.
or any election
as required or
election held
ini tiati ve and
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.
Issue means an proposition or initiated or referred measure
which is to be submitted to the electors for their approval or
rejection. An issue includes the recall of any officer as provided
by law.
POlitical committee means any two (2) 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. 1-1-104. Political
committee also includes a separate political education or political
action fund or committee which is associated with an organization
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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 . Political committee also includes any
persons who have not accepted contributions or contributions in
kind or made expenditures but who have identified themselves as a
committee in campaigning for or against a political candidate or
for or against an issue at any municipal election.
Sec. 7-24. Applicability of article.
(a) The provisions of this article shall apply to any elected
office or to any election upon any issue within the city.
(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 7-43 for a candidate shall still apply.
Sec. 7-25. Filing: where to file.
(a) For the purposes of meeting the filing requirements of
this article, candidates for elected municipal office or political
committee shall file all required filings in the office of the City
Clerk in the Municipal Building.
(b) Reports required to be filed by this article shall be
deemed timely filed if received by the City Clerk not later than
5:00 p.m., local time, on the designated day for filing, provided
that such receipt by the City Clerk is made in the City Clerk's
office in the City's Municipal Building.
(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, fifty
dollars ($50.00) or which makes expenditures which do not exceed,
in the aggregate, fifty dollars ($50.00) 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 7-27.
Sec. 7-26. Candidate affidavit; disclosure statement.
When any individual becomes a candidate, such individual shall
certify, by affidavit filed with the City Clerk within ten (10)
calendar days of becoming a candidate, 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 7-29, subsection (d). Nothing
in this section shall prohibit an individual from filing such
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affidavit prior to the time he becomes a candidate.
person to file an affidavit as required by this
result in the disqualification of such person as a
Failure of any
section shall
candidate.
7. Sec. 7-27. organization of political committees.
(a) Every political committee supporting or opposing a
candidate or issue shall file a statement of organization with the
City Clerk no later than five (5) business days after opening a
bank account as required by section 7-28, or twenty (20) calendar
days prior to the election, whichever is earlier.
(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.
(3) Proof of the existence of a bank account is required in
section 7-28, and proof of the date of the initial deposit made
therein.
(c) Any political committee whose purpose is the recall of
any elected official shall file a statement of organization with
the City Clerk no later than five (5) business days after opening
a bank account. Reports of contributions and expenditures shall
be filed with the City Clerk within five (5) business days after
the filing of the statement of organization and every thirty (30)
calendar days thereafter until the date of the recall election has
been established, at which time the political committee shall
follow the provisions of section 7-29.
(d) When any political committee is organized, the Treasurer
or other officer of such committee shall certify, by affidavit at
the office of the City Clerk, within ten (10) calendar days of
filing the required statement of organization, a statement that the
person signing the affidavit is familiar with the provisions of
this article. Previously organized political committees are
likewise required to file an affidavit under this section 7-27(d).
Sec. 7-28. Deposit of contributions.
All contributions received by a candidate or political
committee shall be deposited no later than five (5) business days
after receipt by the candidate or political committee in a
financial institution in a separate account whose title shall
include the name of the candidate or political committee. All
records pertaining to such accounts shall be maintained by the
candidate or political committee for sixty (60) calendar days after
submission of the final report unless a complaint is filed, in
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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.
Sec. 7-29. 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 (14) calendar days before and thirty (30) calendar days
after any election. Filings shall be complete as of five (5)
calendar days prior to the filing date. All reports herein
required to be filed shall be filed in the office of the City Clerk
in the Municipal Building no later than 5:00 p.m. on the date said
report is due.
(b) Any incumbent in, or elected candidate to, 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 City Clerk, on or before January 15 of each year, a
supplemental 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 City Clerk and shall be open to inspection by the pubic during
regular business hours. Any report which is deemed to be
incomplete by the City Clerk 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 three (3) calendar 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 beg inning 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 ($25.00) or a contribution in kind
i excess of one hundred dollars ($100.00), together with
the amount and date of such contribution, or a
chronological listing of all contributions and
contributions 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 ($25.00), 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 7-26 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 (1) or more candidates or political
committee; 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 ($25.00).
The reporting provisions of this section shall apply to the
organization or group of persons receiving such contributions or
contributions in kind.
(f) Notwi thstanding 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 ($500.00) received by the candidate or political committee
at any time within sixteen (16) calendar days preceding the
election. This report shall be filed in the office of the city
Clerk at the Municipal Building no later than forty-eight (48)
hours after receipt of such contribution.
Sec. 7-30. Unexpended contributions and expenditure deficits.
(a) Any report filed under section 7-29 shall be final unless
it shows an unexpended balance of contributions or expenditure
deficit, or if any additional contributions have been received, in
which event a supplemental report shall be filed one (1) year after
the election to which it applied and annually thereafter until such
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report shows no such unexpended balance and no such deficit. In
the event the status of the balance or deficit is unchanged, the
supplemental report shall be filed and shall state that such
balance or deficit is unchanged. 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
(30) calendar 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.
11. Sec. 7-31. Reporting requirements, persons.
Not less than eleven (11) calendar days before an election and
not more than thirty (30) calendar days after the date of an
election, each person who makes any expenditure, directly or
indirectly, in an aggregate amount exceeding one hundred dollars
($100.00) 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 ($25.00) 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.
Sec. 7-32. Limitations on cash contributions.
No person shall make any contribution in currency or coin
exceeding one hundred dollars ($100.00) in support or in opposition
to any candidate, political committee or issue.
Sec. 7-33. Limitations on expenditures in cash.
No candidate or political committee shall make any expenditure
In currency or coin exceeding one hundred dollars ($100.00) for any
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purpose related to such candidate's campaign or to the passage or
defeat of an issue.
Sec. 7-34. Duties of the city clerk - Generally.
(a) The city clerk shall:
(1) Prescribe forms for statements and other information
required to be filed by this article and furnish such
forms an 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 furnish, free of charge, to
candidates and campaign treasurers and to other persons,
at cost, an instruction sheet setting forth a suggested
system for accounts for use by persons required to file
statements by 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) Review all required filings for timeliness and
completeness. In the event the Clerk determines a filing
contains an error, the person or entity which has made
the erroneous filing shall be afforded three (3) calendar
days from the date of notification of the error by the
City Clerk to file a corrected report or statement. If
such corrected report or statement is not timely filed
or is otherwise erroneous, the Clerk shall conduct a
hearing, either personally or through a designee, 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 as a designee of the City Clerk or by
the City Clerk shall be conducted in accordance with the
provisions of C.R.S. ~ 24-4-105, or any rules of
procedure adopted by the City Clerk prior to the conduct
of said hearing. The City Clerk shall hear all
complaints, with the City Attorney acting as the city
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Clerk's legal advisor, unless the Clerk is the subject
of the complaint in which case the City Council shall
designate and compensate a hearing officer who shall hear
the complaint. Unless the City Attorney is directed by
the City Council to act as a "prosecutor", the City
Council shall provide for the appointment of a "special
prosecutor" to present all evidence of violations of this
article. Said special prosecutor shall likewise act as
the prosecutor of any complaints filed in the city's
Municipal Court for violation of this article." In the
event the city Attorney is directed to act as prosecutor
of such complaints, the City Council shall appoint, and
compensate a legal advisor for the city Clerk or his
designee.
(b) Any person who believes a violation of this article has
occurred may file a written complaint no later than sixty (60)
calendar 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, the
City Attorney, or, if applicable, a special prosecutor shall
(1) institute a civil action for relief in a court of
competent jurisdiction, which shall include the Wheat
Ridge Municipal Court; or
(2) institute a criminal action in the Wheat Ridge Municipal
Court.
Nothing contained herein shall preclude any person from
seeking any lawful remedy for violation of any state law applicable
to elections which is not superseded by this Chapter 7.
Sec. 7-35. Same - 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 7-34, subsection
(b), alleging that a statement filed with such officer
does not conform to law or to the truth or that a person
has failed to file a statement required by law.
(b) After any statement is filed under subsection (a):
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(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 (1) year after the date of
receipt. Thereafter, such statements shall be disposed
of.
(2) Notwithstanding the provisions of paragraph (1) of this
subsection, any statement required to be filed under this
article shall be preserved until any complaint initiated
is resolved.
Sec. 7-36. Limitations on contribution by city government.
The city, 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, or in favor of or oppossed to an issue, as defined in
section 7-23.
Sec. 7-37. Use of campaign funds restricted.
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.
Contributions not expended on behalf of a political of a political
committee's campaign seeking to influence the passage or defeat of
any issue, upon approval by such committee, may be contributed to
a nonprofit or charitable organizations or to the city, or to any
nonpartisan candidate or political committee's campaign seeking to
influence that passage or defeat of any issue.
Sec. 7-38. Expenditures for 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.
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Sec. 7-39. 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, nor shall any candidate offer to withdraw
his candidacy in return for money or any other thing of value.
Sec. 7-40. 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 (5)
calendar 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.
Sec. 7-41. Disclosure of conflicts of interest.
(a) For the purposes of this section, the following phrases
shall have the meanings respectively ascribed to them:
(1) Office having a substantial discretionary function
includes 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
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
appearance 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 in subsection (b) of
this section shall be filed with the office of the city clerk, not
later than two (2) weeks prior to the municipal election in which
the person is a candidate for office.
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Sec. 7-42. 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 7-41 of this article shall be
submitted in written form, at least fourteen (14) calendar days
before election, to the office of the city clerk.
Sec. 7-43. 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 7-29 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 1-5 of
the Code. Any such person who conspires with 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 such
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 such office shall be filled as provided by law.
Pursuant to the provisions of Colo. Rev. stat. 24-4-105(7), the
burden of proof shall be upon the person or entity alleging knowing
violations of, or a conspiracy to violate, the provisions of this
Article III.
(b) 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. The affirmative defense provided for in this section
7-43(b) shall not be available for use as a defense by any person
who has filed the affidavit required by section 7-26 or Section 7-
27(d) of this Article III.
(c) The appropriate officer, after proper notification by
certified mail, shall impose an additional penalty of not more than
ten dollars ($10.00) per day for each day that a statement or
15
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 a ny subsequent election until the deficiencies have been
corrected.
Sec. 7-44. Supersedes state law.
The intent of the city Council of the City of Wheat Ridge is
that the provisions of this Article III of Chapter 7 of the City's
Code of Laws shall supersede, within the boundaries of the City of
Wheat Ridge, the provisions of Colo. Rev. stat. 1-45-101.
section 4. 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
application to other persons or circumstances.
section 5. Safetv 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 property legislative object sought to be
attained.
section 6. This ordinance shall become effective 45 day(s)
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 22nd day of October , 1990,
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, November 26 , 1990, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED,
reading by a vote of
November
AND ORDERED PUBLISHED on
8 to 0 this 26th
1990.
second and
day of
final
SIGNED by the Mayor on this
1990.
28th
day of
November
16
~J~
Dan wilde, Mayor
ATTEST:
~- --, I /1,
~j~LI! "
Wanda ~~~~, City"~erk
1st Publication: October 31, 199
2nd Publication: December 5, 1990
Applewood/Wheat Ridge Transcript:
Effective Date: January 19, 1991
17