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Home My WebLink AboutOrdinance-1991-0883 INTRODUCED BY COUNCILMEMBER EAFANTI Ordinance No. 883 Series of 1991 TITLE: AN ORDINANCE AMENDING VARIOUS PROVISIONS OF ARTICLE III. CODE OF ETHICS, OF CHAPTER 7 ELECTIONS OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE TO INCORPORATE CHANGES ADOPTED BY THE COLORADO GENERAL ASSEMBLY DURING ITS 1991 LEGISLATIVE SESSION. WHEREAS, the City Council of the City of Wheat Ridge has adopted, as part of Chapter 7 of the City'S Code of Laws, various provisions of the "campaign Reform Act" as adopted by the General Assembly of the State of Colorado, which Campaign Reform Act is generally codified at Colo. Rev. Stat. S 1-45-101, et sea.; WHEREAS, the City Council of the City of Wheat Ridge did, as Ordinance No. 851, Series of 1990, adopt comprehensive changes to the City of Wheat Ridge's "Code of Ethics for Municipal Elections"; WHEREAS, subsequent to said adoption of Ordinance No. 851, Series of 1990, the General Assembly of the State of Colorado made certain changes to the Campaign Reform Act which affect the City's "Code of Ethics for Municipal Elections"; WHEREAS, the City Council of the city of Wheat Ridge wishes to incorporate the 1991 amendments to the "Campaign Reform Act" into the City'S "Code of Ethics for Municipal Elections." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Section 7-34. Duties of the citv clerk -- GenerallY is hereby amended by repealing and reenacting subpart (b) thereof as follows: (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, INCLUDING A PERMANENT OR TEMPORARY INJUNCTION, A RESTRAINING ORDER, OR ANY OTHER APPROPRIATE ORDER in a court of competent jurisdiction, which shall include the municipal court; or (2) Institute a criminal action in the municipal 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. (c) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (a) AND (b) OF THIS SECTION 7-34, ANY PERSON WHO BELIEVES A VIOLATION OF SECTION 7-36 HAS OCCURRED MAY FILE A WRITTEN COMPLAINT NO LATER THAN SIXTY (60) DAYS AFTER THE DATE OF THE APPROPRIATE ELECTION WITH THE CITY CLERK. IF THE CITY CLERK DETERMINES, AFTER A TIMELY HEARING, THAT SUCH A VIOLATION HAS OCCURRED, THE CITY CLERK SHALL SO NOTIFY THE CITY ATTORNEY 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. IF THE WRITTEN COMPLAINT IS FILED WITHIN TEN (10) DAYS OF THE ELECTION, THE CITY CLERK SHALL HOLD SUCH HEARING WITHIN SEVENTY-TWO (72) HOURS OF THE FILING OF SUCH COMPLAINT. UPON A PROPER SHOWING THAT A PERSON OR PUBLIC ENTITY IDENTIFIED IN SECTION 7-36 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. Section 2. Section 7-36. Limitations on contribution by city qovernment is hereby repealed and re-enacted as follows: (a) city qovernment - limitations on contributions. 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, NOR SHALL ANY SUCH ENTITY EXPEND ANY PUBLIC MONEYS FROM ANY SOURCE, OR MAKE ANY CONTRIBUTIONS IN KIND, TO URGE ELECTORS TO VOTE in favor of or against any issue before the electorate. HOWEVER, A MEMBER OF THE CITY COUNCIL OR CITY EMPLOYEE WHO HAS POLICY-MAKING RESPONSIBILITIES MAY EXPEND NOT MORE THAN FIFTY DOLLARS OF PUBLIC MONEYS IN THE FORM OF LETTERS, TELEPHONE CALLS, OR OTHER ACTIVITIES INCIDENTAL TO MAKING HIMSELF AVAILABLE TO THE PRESS OR THE PUBLIC FOR THE PURPOSE OF RESPONDING TO QUESTIONS ABOUT ANY SUCH ISSUE OR TO EXPRESS HIS OPINION ON ANY SUCH ISSUE. (b) (1) NOTHING IN THIS SECTION 7-36 SHALL BE CONSTRUED AS PROHIBITING THE CITY FROM EXPENDING PUBLIC MONEYS OR MAKING CONTRIBUTIONS IN KIND TO DISPENSE A FACTUAL SUMMARY, WHICH SHALL INCLUDE ARGUMENTS BOTH FOR AND AGAINST THE PROPOSAL, ON ANY ISSUE OF OFFICIAL CONCERN BEFORE THE ELECTORATE. SUCH SUMMARY SHALL NOT CONTAIN A CONCLUSION OR OPINION IN FAVOR OF OR AGAINST ANY PARTICULAR ISSUE ADDRESSED BY THE SUMMARY. (2) NOTHING IN THIS SECTION 7-36 SHALL BE CONSTRUED TO PREVENT AN ELECTED OFFICIAL FROM EXPRESSING A PERSONAL OPINION ON ANY ISSUE BEFORE THE ELECTORATE. (3) NOTHING IN THIS SECTION 7-36 SHALL BE CONSTRUED AS PROHIBITING THE CITY COUNCIL FROM PASSING A RESOLUTION OR TAKING A POSITION OF ADVOCACY ON ANY ISSUE BEFORE THE ELECTORATE. (4) NOTHING IN THIS SECTION 7-36 SHALL BE CONSTRUED AS PROHIBITING A MEMBER OF THE CITY COUNCIL FROM EXPENDING PERSONAL FUNDS, MAKING CONTRIBUTIONS IN KIND, OR USING PERSONAL TIME TO URGE ELECTORS TO VOTE IN FAVOR OF OR AGAINST ANY ISSUE BEFORE THE ELECTORATE. (c) THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED AS PROVIDED IN SECTION 7-34(1). section 3. section 7-37. Use of campaiqn funds restricted is hereby repealed and reenacted as follows: Gec. 7 J 7. Use af 8ltJ11pailjJB fUBds restricted. No cal'\didate or campaign treasurer ohall uoe any contribution or contribution in Irind reeei~ed from any perBon for private purposes not reaoonably related to influencing the paooage or defeat of any iseue or the retention, election or defeat of any candidate or to '.oter registration or political education. COl'\tributions not expended on behalf of a political committee's campaign seeking to influence the paosage or defeat of any isoue, upon approval by such committee, may be contributed to a nonprofit or charitable organization or to the city, or to any nonpartisan candidate or political committee's campaign occJdng to influence that passage or defeat of any issue. Sec. 7-37. campaign funds - use restricted. (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 NOMINATION, RETENTION, ELECTION, OR DEFEAT OF ANY CANDIDATE OR TO VOTER REGISTRATION OR POLITICAL EDUCATION. THE TERM "POLITICAL EDUCATION" SHALL INCLUDE OBTAINING INFORMATION FROM, OR PROVIDING INFORMATION TO, THE ELECTORATE, AND SUCH TERM SHALL INCLUDE THE ESTABLISHMENT OF EDUCATIONAL SCHOLARSHIPS RELATED TO POLITICAL EDUCATION. (b) CONTRIBUTIONS NOT EXPENDED ON BEHALF OF A POLITICAL COMMITTEE'S CAMPAIGN OR FOR ANY OTHER PURPOSE PERMITTED BY SUBSECTION (a) OF THIS SECTION, UPON APPROVAL BY THE NONPARTISAN CANDIDATE OR POLITICAL COMMITTEE, OR CONTRIBUTIONS NOT EXPENDED ON BEHALF OF A POLITICAL COMMITTEE'S CAMPAIGN SEEKING TO INFLUENCE THE PASSAGE OR DEFEAT OF ANY ISSUE OR FOR ANY OTHER PURPOSE PERMITTED BY SUBSECTION (a) OF THIS SECTION, UPON APPROVAL BY SAID COMMITTEE, MAY BE CONTRIBUTED TO ANY NONPROFIT OR CHARITABLE ORGANIZATION OR TO THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, BUT NOT TO ANY POLITICAL PARTY OR CANDIDATE. section 4. hereby amended follows: section 7-43. Penalty: affirmative defense is by repealing and reenacting section 7-43 (a) as Sec. 7-43. Penalty: affirmative defense. (a) (1) 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 TO ANY OTHER PENALTY PROVIDED IN THIS SECTION, 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 C.R.S. S 24-4-105(7), the burden of proof shall be upon the person or entity alleging knowing violations of or a conspiracy to commit the provisions of this article. (2) THE CITY CLERK MAY, UPON SUFFICIENT EVIDENCE, HOLD A HEARING PURSUANT TO SECTION 7-34(b) UPON THE MOTION OR UPON WRITTEN COMPLAINT TO ENFORCE THE CIVIL PENALTY PROVIDED FOR IN THIS PARAGRAPH (2). IN ADDITION TO THE CRIMINAL PENALTY PROVIDED FOR IN THIS SECTION, ANY PERSON WHO KNOWINGLY VIOLATES ANY PROVISION OF THIS ARTICLE INVOLVING A CONTRIBUTION OR A CONTRIBUTION IN KIND SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED THE GREATER AMOUNT OF THREE HUNDRED PERCENT OF THE AMOUNT OF THE CONTRIBUTION IN KIND, OR ONE THOUSAND DOLLARS, WHICHEVER IS LESS. Section 5. Section 7-44. Supercedes state law shall be renumbered as Section 7-45, and shall in all other respects remain as previously adopted. Section 6. Chapter 7 of the Code of Laws of the City of Wheat Ridge is hereby amended by adopting a new Section 7-44. Reimbursement for contributions prohibited as follows: Sec. 7-44. Reimbursement for contributions prohibited. NO PERSON SHALL MAKE A CONTRIBUTION TO A CANDIDATE OR TO A POLITICAL COMMITTEE WITH THE EXPECTATION THAT SOME OR ALL OF THE AMOUNT OF SUCH CONTRIBUTION WILL BE REIMBURSED BY ANY OTHER PERSON. NO PERSON SHALL BE REIMBURSED FOR A CONTRIBUTION MADE TO ANY CANDIDATE OR POLITICAL COMMITTEE. NO PERSON SHALL REIMBURSE SOME OR ALL OF THE AMOUNT OF ANY CONTRIBUTION MADE TO A CANDIDATE OR POLITICAL COMMITTEE, REPAYMENT OF A CONTRIBUTION MADE IN THE FORM OF A LOAN TO A CANDIDATE OR TO A POLITICAL COMMITTEE, WHERE SUCH REPAYMENT IS MADE BY THE CANDIDATE OR POLITICAL COMMITTEE TO WHOM SUCH LOAN WAS MADE, SHALL NOT CONSTITUTE REIMBURSEMENT FOR PURPOSES OF THIS SECTION. section 7. Severabili ty. 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 8. 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 property legislative object sought to be attained. section 9. This ordinance shall become effective 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of October , 1991, 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, December 9 , 1991, 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 December AND ORDERED PUBLISHED on 8 to 0 this qth , 1991. second and final day of SIGNED by the Mayor on this 10th 1991. day of December ----., l ^', 1 ,1'"1 ,/ . -/j. Ray J. W-rfjger, Jr., Mliycr ATTEST: -----, : ,-_.21/:' Wanda Sang, APPROVED AS TO FORM BY /'1 /1 OFFICE OF C~~y ATTORNEY -.- John /"" 1st Publication: October 24, 1991 2nd Publication: December 19, 1991 Wheat Ridge Sentinel: Effective Date: January 3, 1992 ( -~ , - 1- ...__- Hayes, C1tY~torney