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HomeMy WebLinkAboutOrdinance-1995-1006 -- CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER EDWARDS council Bill No. 24 Ordinance No. 1006 series of 1995 TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED "ELECTIONS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: section 1. Chapter 7 of the Wheat Ridge Code of Laws, entitled "Elections," is hereby repealed and reenacted, to read as follows: CHAPTER 7, ELECTIONS ARTICLE I. GENERAL section 7-1: Municipal and uniform Election Code Adopted; Exceptions. (1) Except as otherwise provided by charter or ordinance, the Colorado Municipal Election Code of 1994, as the same presently exists or as may be in the future amended, is hereby adopted by the City and shall govern the conduct of all elections held within the City. (2) C.R.S. 1-1-102 et seo., also known as the "Uniform Election Code," as the same presently exists or as may in the future be amended, is hereby adopted by the City as the provisions of that code apply to elections held within the City; provided, however, that the City Council may, where allowed by law, adopt ordinances which specifically exclude or supersede the provisions of the Uniform Election Code. (3) The provisions of the Colorado campaign Reform Act, 1-45-101 et seo., C.R.S., are superseded by this Chapter. Section 7-2: Residency Requirement for City Offices. Every registered elector eighteen years of age or older on the date of the election may be a candidate and hold elective office in the City, if he has resided in the City and district, as the case may be, from which he is to be elected for a period of at least twelve consecutive months immediately preceding the date of the election. In case of an annexation, any person who has resided within the territory annexed for the prescribed time shall be deemed to have met the residence requirements for the City and precinct to which the territory was annexed. No person may be a GED\53027\127025.6 candidate for two city offices at the same election nor hold two elective city off ices simultaneously. In the event that City Council district boundary lines are changed, a prospective council- member shall be eligible to run from the newly defined district if he has been a resident of the city and the district from which he is to be elected for a period of at least twelve consecutive months immediately preceding the date of election. section 7-3: Ballots. (a) The names of all candidates for each elective municipal office within the city shall appear upon the ballot in alphabetical order. (b) Election by mail ballot shall be allowed in any election for which the City council determines, by motion or resolution at least 90 days prior to such election, that such ballot is authorized. When election by mail ballot is held, the City shall comply with all provisions of the "Mail Ballot Election Act," Sections 1-7.5-101, et sea. C.R.S. Section 7-4: Reimbursement of Expenses. No officer who is not recalled shall be entitled to reimbursement of expenses incurred in defending against the recall. ARTICLE II. CANDIDATE CONDUCT Section 7-5: Presence at polling places restricted; activi- ties and statements intended to influence voters prohibited; application to poll watchers. No candidate for office, nor any member of his family, nor any member of any political committee (as defined in section 7-10 of this Code of Laws), working on behalf of or opposed to any such candidate or issue, shall be or remain within a polling place during the course of an election day except when such person is voting. During the time such person, whether a candidate, a member of the candidates's family, or a member of a political committee supporting or opposing a candidate or issue, is present at the polling place, such 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 not be applied so as to preclude appointment of and performance of duties by those poll watchers designated and authorized by C.R.S. 31-10-602. Electioneering shall be prohibited within 100 feet of the polling place. GED\53027\127025.6 -2- section 7-6: False statements relating to candidates or questions submitted to electors -- penalty. (1) No person shall knowingly make, publish or circulate or cause to be made, published or circulated in any letter, circular, advertisement or poster or in any other writing any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office. (2) Any person who knowingly violates this section commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 1.5 of this Code. section 7-7: violations: penalty. Any person, political committee or entity violating any of the provisions of this Chapter shall be guilty of misdemeanor and upon conviction thereof shall be subject to the penalties set forth in section 1-5 of the Code of Laws: a fine of not more than nine hundred ninety-nine dollars ($999.00) or by imprisonment for a period not exceeding one hundred eighty (180) days or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for such violation. ARTICLE III. CODE OF ETHICS section 7-8: Title: purpose. This article shall be known and cited as the "Wheat Ridge Code of Ethics for Municipal Elections. II 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. Section 7-9: 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 govern- ment through a more informed electorate. section 7-10: Definitions. As used in this chapter 7, unless the context otherwise requires: GED\53027\127025.6 -3- (1) "Campaign treasurer" means the treasurer of any candidate for nomination, retention or election or the treasurer of any political committee. A candidate may appoint himself as campaign treasurer. (2) "Candidate" means any person who: (a) Seeks election to any public office which is to be voted for in this city at any election. A person is a candidate for election if the person has filed nominating petitions for public office in a nonpartisan election, or has been chosen to fill any vacancy. (b) Is an incumbent and still has an unexpended balance of contributions or a debt or deficit and who receives contribu- tions or contributions in kind. (3) "city Clerk" means the City Clerk of the City of Wheat Ridge, Colorado, who is the custodian of the official records of the city, or any person delegated by the City Clerk to exercise any part of his powers, duties or functions. "City Clerk" shall also include the term "Municipal Clerk." Reference herein to the office of the City Clerk shall mean the physical location in a public building of the city Clerk's office. (4) "Contribution" means guarantee committee any issue (a) a gift, loan, pledge or advance of money or a of a loan made to or for any candidate or political for the purpose of influencing the passage or defeat of or the retention, election or defeat of any candidate; (b) a transfer of any money between one political committee and another; (c) the payment of any money by any person, other than a political committee working on a candidate's behalf, for politi- cal services rendered to the candidate or political committee; (d) any payment made to third parties at the request of or with the prior knowledge of a candidate, political committee or agent of either; (e) 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. GED\53D27\127025.6 -4- (5) "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. 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. (6) "Day" means a calendar day. When the deadline for any act required by this Chapter falls on a Saturday, Sunday or legal holiday, the period shall be deemed extended to the close of business on the next day which is not a Saturday, Sunday or legal holiday. (7) "Election" means any general 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. (8) "Electioneering" means engaging in activities or making statements which are intended to induce a person to cast a ballot in favor of or opposed to a candidate or issue at an election. (9) "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 influ- encing the passage or defeat of any candidate or issue. "Expenditure" does not include services provided without compensa- tion 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. (a) "Independent Expenditure" means an expenditure by a person or campaign treasurer; (b) Advocating the election or defeat of a clearly identified candidate which is made without the cooperation or authorization of or consultation with the candidate, the candi- date's political committee or an agent of the candidate, and which is not made in concert with, or at the request or suggestion of, the candidate, the candidate's political committee, or an agent of the candidate; or (c) Seeking to influence the passage or defeat of any issue which is to be submitted to the electors which is made without the cooperation or authorization of or consultation with the political committee supporting such issue, and which is not GED\53D27\127025.6 -5- made in concert with, or at the request or suggestion of, such political committee. (10) "Issue" means any proposition or initiated or referred measure which is to be submitted to the electors for their approval or rejection. (11) "Person" means any individual, partnership, committee, association, corporation, labor organization, or other organization or group of persons. (12) "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 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 section 1-1-104, C.R. S. "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 organi- zation or association formed principally for some other purpose insofar as it makes contributions or contributions in kind or expenditures but shall not include a single individual, partner- ship, committee, association, corporation, labor organization or other organization or group solely making contributions or contributions in kind to support or oppose a candidate for public office or to influence the passage or defeat of any issue at any election. (13) "Polling place" means the building or structure designated as an official location for the casting of ballots in an election. For the purpose of measuring the 100-foot limit imposed by section 2-5, "polling place" shall include the exterior walls of said building or structure. (14) The terms "information," "statement," "affidavit," "challenge," "protest," "objection," "opinion," "question" and any other synonyms shall be acceptable to the city Clerk as equivalent and permissible words. Section 7-11: Applicability of Article. (1) The provisions of this article shall apply to any elected office or any election upon any issue within the City, but the City of Wheat Ridge, a home rule municipality, may adopt ordinances or charter provisions with respect to its local elections. (2) Failure to comply with the provisions of this article in any respect shall have no effect on the validity of any election, issue, statewide issue or bonds issued pursuant to law: except that GED\53027\127025.6 -6- the penalty provided in section 7-32 for a candidate shall still apply. section 7-12: Filing -- where to file -- timeliness. (a) For the purpose of this article, candidates political committee shall file of the City Clerk. (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 pm, local time, on the designated day for filing. of meeting the filing requirements for elected municipal office or all required filings in the office (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 aggre- gate, 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 7-16. section 7-13: candidate affidavit -- disclosure statement. (1) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the City Clerk within ten days of his becoming a candidate, as defined at section 7-10(2) hereof, that he is familiar with and understands 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 7-15. Nothing in this section shall prohibit an individual from filing such affidavit prior to the time he becomes a candidate. Failure of any person to file an affidavit as required by this subsection (1) shall result in the disqualification of such person as a candidate. section 7-14: organization of political committees. (1) Every political committee supporting or opposing a candidate or issue shall file a statement of organization with the City Clerk no later than fifteen days after opening a bank account as required by section 7-15 or twenty days prior to the election, whichever is earlier. (2) (2) The statement of organization shall include: (a) The name, the address and phone number, the candi- date or issue it supports or opposes, and any other purpose or interest of the committee: GED\53D27\127D25.6 -7- (b) The name, phone number, and address of the campaign treasurer of the political committee; (c) Proof of the existence of a bank account as required in section 7-15 and proof of the date of the initial deposit made therein; (d) A complete list of all the political committee's supporting and affiliated organizations. (3) 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 fifteen days after opening a bank account. Reports of contributions and expenditures shall be filed with the city Clerk 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 7-16. (4) 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 days of filing the required statement of organization, a statement that the person signing the affidavit is familiar with and understands the provi- sions of this article. Previously organized political committees are likewise required to file an affidavit. section 7-15: Deposit of contributions. All contributions received by a candidate or political committee shall be deposited no later than five days after receipt 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 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. section 7-16: Reports -- certification and Filing. (1) The candidate or campaign treasurer shall file reports of all contributions received and all expenditures made by or on behalf of such candidate or political committee. In the event that the candidate has received no contributions or made no expendi- tures, or no expenditures have been made on behalf of such candidate, the candidate shall file a report stating such status. Reports shall be filed eleven days before and thirty days after any election. These reports shall be complete as of five days prior to the filing date. All reports shall be filed with the in the office of the city Clerk by 5:00 P.M. on the day due. GED\53027\127025.6 -8- (2) In addition to the requirements of this article, every incumbent elected official in office and every candidate elected to public office is subject to the reporting requirements of this section. (3) All reports required by this section shall be filed with the City Clerk. These reports are public records and shall be open to inspection by the public 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 certified mail with respect to any deficiencies found. The campaign treasurer shall have three days from receipt of such notice to file an addendum to the report in compliance with this section. (4) Each report required by this section shall contain the following information: (a) The amount of funds on hand at the beginning of the reporting period; (b) 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 contributions in kind, including the name and address of each contributor; (c) The total sum of all contributions and contributions in kind to or for such candidate or political committee during the reporting period; (d) 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; (e) The total sum of all expenditures made by such candidate or political committee during the reporting period; (f) The name and address of any bank or other depository for funds used by the candidate or political committee. (5) The reporting provisions of subsection (4) of this section and Section 7-13 shall apply to any association, political party, political organization, corporation, labor organization, or other group of persons which receives contributions or contribu- tions in kind from any person through donations or through events such as dinners, luncheons, rallies, or other fund-raising events if such contributions or contributions in kind are intended to be GED\53D27\127025.6 -9- 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. The provision of paragraph (b) of subsection (4) of this section shall also apply to any such organization or group of persons for each contribution or contribution in kind which exceeds twenty-five dollars if such contribution or contribution in kind is intended to be given to another organization or group of persons which in turn distributes or contributes such contribution in kind to one or more candidates or political committees. The reporting provisions of this section shall apply to the organization or group of persons receiving such contributions or contributions in kind. (6) Notwi thstanding any other reports required under this section, the campaign treasurer shall file reports of any single contribution or contribution in kind of five hundred dollars or more received by the candidate or political committee at any time within sixteen days preceding the election. This report shall be filed with the City Clerk no later than two days after receipt of said contribution. (7) (a) Any person or campaign treasurer making an independent expenditure of five hundred dollars or more, at any time after the sixteenth day but more than twenty-four hours before the day of the election shall file a report of such an expenditure. This report shall be filed with the City Clerk within one business day after the independent expenditure is made. The report shall include the identification and address of each person who made a contribution to the campaign treasurer or person filing such report which was made for the purpose of furthering an independent expenditure. (b) Any person or campaign treasurer filing the report pursuant to paragraph (a) of this subsection (7) shall provide, concurrent with such filing, a copy of that report to the candidate running in the election or to the political committee supporting or opposing the issue to be submitted in the election for which the independent expenditure was made. section 7-17: Unexpended Deficits. contributions and Expenditure (1) Any report filed under section 7-16 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 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. GED\53D27\127D25.6 -10- (2) The report required under subsection (1) 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 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. section 7-18: Reporting Requirements -- Persons. (1) Each person who makes any expenditure directly or indirectly in an aggregate amount exceeding one hundred dollars in support if or in opposition to any specific candidate or issue, other than by contribution in kind to a candidate or political committee directly, shall file an individual report of the expenditure with the City Clerk. (2) Reports shall be filed eleven days before the election and thirty days after the election. These reports shall be complete as of five days prior to the filing date. (3) The report shall contain the following information: (a) 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 expenditure. (b) The total sum of all expenditures made in support of or in opposition to any such candidate or issue. Section 7-19: Campaign contribution Limits. (1) campaign contributions are limited to individual per candidate for at large candidates Clerk, city Treasurer), and $125.00 per individual for City Council District candidates. $500.00 per (Mayor, City per candidate (2) contributions in kind are limited to individual per candidate for at large candidates Clerk, City Treasurer), and $125.00 per individual for City Council District candidates. $500.00 per (Mayor, city per candidate (3) The contribution and contribution in kind limitations of this section shall apply on a per election basis. GED\53027\127025.6 -11- section 7-20: 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. section 7-21: 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. section 7-22: Duties of the City Clerk. (1) The city Clerk shall: (a) 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. (b) Prepare, publish and furnish free of charge to candidates and campalgn 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. (c) Develop a filing and indexing system for his office consistent with the purpose of this article. (d) 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 duplicating machine, as requested by any person, at the expense of such person. No information copied from such reports and state- ments shall be sold or utilized by any person for the purpose of soliciting contributions or for any commercial purpose. (e) Review all required filings for timeliness and completeness. In the event the clerk determines a filing contains an error, the candidate and treasurer which has made the erroneous filing shall be afforded three days from the date of notification of the error by the city Clerk to file a corrected report of 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 (2) 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 GED\53D27\127025.6 -12- 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 Clerk's legal advisor, unless the clerk is the subj ect 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. (2) 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 a violation has occurred, the City Attorney or, if applicable, a special prosecutor may: (a) 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 (b) Institute a criminal action in the municipal court. Upon a proper showing that such person has engaged in 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 the court. (3) Notwithstanding the provision of subsection (1) and (2) of this section, any person who believes a violation of section 7-22 has occurred may file a written complaint no later than sixty days after the date of the appropriate election with the City Clerk. If the written complaint is filed within ten days of the election, the City Clerk shall hold such hearing within three days of the filing of such complaint. If the City Clerk determines after the hearing that a violation has occurred, the City Attorney, or, if applicable, a special prosecutor, may pursue the remedies set forth at paragraphs (a) and (b) of subsection (2) of this section. Section 7-23: City Clerk -- Additional Duties. (1) The City Clerk shall immediately notify the person required to file a statement if: (a) It appears that the person has failed to file a report as required by this article or that a statement filed by a GED\53D27\127D25.6 -13- person does not conform to law upon examination of the names on the election ballot or that a complaint has been filed against him. (b) A written complaint is filed with the city Clerk by any registered elector, pursuant to subsection 7-22(2), 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. (2) After any statement is filed under subsection (1): (a) 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. (b) Notwithstanding the provisions of paragraph (a) of this subsection any statement required to be filed under this article shall be preserved until any complaint initiated is resolved. (3) The terms "information," "statement," "affidavit," "challenge," "protest," "objection," "opinion," "question" and any other synonyms shall be acceptable to the City Clerk as equivalent and permissible words. (4) The city Clerk shall accept and certify all reports required by this article as to accuracy. Section 7-24: Limitations Government. on Contribution by City (1) The city, acting through its city Council, its elected or appointed officials and its employees, 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 the City expend any public moneys from any source, or make any contribution in kind, to urge electors to vote in favor of or against any statewide or local ballot issue which has been sub- mitted for, or which has had, a title designated and fixed pursuant to 1-40-106(1), C.R.S., or in favor of or against any referred measure or recall. (2) A member of the City council, elected City official, or City employee may respond to questions about any issue described in subsection (1) of this section if he or she has not solicited the question. (3) Nothing in this section shall be construed as prohibiting the city from expending public moneys or making contributions in GED\53027\127025.6 -14- 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 of the City appearing on an election ballot in the city. Such summary shall not contain a conclusion or opinion in favor of or against any particular issue. (4) Nothing in this section shall be construed as prohibiting the City council from passing a resolution or taking a position of advocacy on any issue described in subsection (1) of this section or reporting the passage of or distributing such resolution through the established, customary means, other than paid advertising, by which such information about the proceedings of the city is regularly provided to the public. (5) Nothing in this section shall be construed to prevent a member of the city council, elected official, or City employee from expressing a personal opinion on any issue. (6) Nothing in this section shall be construed as prohibiting a member of the city council, elected City official or City employee from expending personal funds, making contributions in kind or using personal time to urge electors to vote in favor of or against any issue described in subsection (1) of this section. (7) Nothing in this section shall be construed as prohibiting the City from expending public funds to produce and distribute the election notices and summaries required by Article X, section 20(5) of the Colorado Constitution. (8) The provisions of this section shall be enforced as provided in section 22(2). section 7-25: campaign funds; use restricted. (1) No officeholder, 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 shall include the establishment of educational scholarships related to political education. contributions not expended on behalf of a political committee's campaign or for any other purpose permitted by subsection (2) 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 (1) of this section, upon approval by such committee, may be contributed to any non- profit or charitable organization or to the state or any political subdivision thereof, but not to any political party or candidate. GED\53027\127025.6 -15- (2) Notwithstanding the provisions of subsection (l) of this section, contributions not expended on behalf of any candidate's campaign may be retained for use in a subsequent campaign for public office by that individual or as provided in subsection (1) of this section. section 7-26: Expenditures and charges. Political Advertising -- rates 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. Section 7-27: Encouraging Prohibited. withdrawal from campaign 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. section 7-28: write-in candidate Affidavit. No write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the clerk by the person whose name is written in prior to twenty days before the day of election indicating that such person desires the office and is qualified to assume the duties of that office if elected. In any election, if the only matter before the voters is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the city Clerk if so instructed by the City Council, either before or after such date, shall cancel the election and by resolution declare the candidates elected. Upon such declaration the candidates shall be deemed elected. section 7-29: Disclosure of Conflicts of Interest. (1) For the purposes of this section, the following phrases shall have the meanings respectively ascribed to them. (a) Office having a substantial discretionary function includes all elected officials and spouse. GED\53D27\127D25.6 -16- (b) A potential conflict of interest exists when the office holder or spouse 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. (2) 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. (3) 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. (4) The written disclosure referred to in subsection (2) above shall be filed with the office of the city Clerk not later than fourteen days prior to the municipal election in which the person is a candidate for office. section 7-30: Disclosure Interests. of Real Property: Business (1) Each candidate for elected municipal office in the City shall disclose the following: (a) All real property and interests therein located in the City, including the street address or location. (b) business with acquisition of labor or other Any and all business interests in regard to doing the City and/or competing with the City ln any real property, contracts, options, materials, pecuniary transactions. (c) Any business endeavors or interests within the city with other elected officials. (2) The disclosures required by this section shall be submitted in written form to the office of the City Clerk at least fourteen days before election. section 7-31: Penalty -- Affirmative Defense. (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 7-16 in such a way as to hinder or prevent identification of the true donor commits a class 3 misdemeanor and shall be punished as provided in section 1-5 of this Code. Any such person who conspires with another to violate any provision of this article and who is also a candidate GED\53027\127025.6 -17- shall, in addition to any other penalty provided in this section, forfeit his right to assume the nomination or 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. (2) The City Clerk shall, upon sufficient evidence, hold a hearing upon the City Clerk's own motion or upon written complaint to enforce the civil penalty provided for in subsection (1) of this section. The burden of proof shall be on the accuser. 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, or the fair market value at the time of the contribution in kind, or one thousand dollars, whichever is less. (3) It shall be an affirmative defense to a prosecution under this article that the offender did not have actual knowledge of his responsibility under this article and was an uncompensated volun- teer. This affirmative defense shall not be available for use as a defense by any person who has filed the affidavit required by section 7-13 or subsection 7-14(4). (4) The City Clerk, after proper notification by certified mail shall impose an additional penalty of ten dollars per day for each day that a statement or other information required to be filed by this article is not filed by the close of the business day on the day due; except that the appropriate officer may excuse such penalty for bona fide personal emergencies. (5) 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 7-32: 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. GED\53D27\127D25.6 -18- section 7-33: Annual review. This chapter 7 shall be reviewed each year within sixty days after adjournment sine die of the Colorado General Assembly, by the City Clerk in conference with the city Attorney, to ensure consistency with state law. ARTICLE IV. RECOUNT Section 7-34: Automatic Recount. In any municipal election wherein persons are elected to "elected municipal office" there shall be an automatic recount of the votes, which shall be accomplished by the city Clerk no later than five days after the date of election, in the event any candidate for office fails to be elected by one percent or less of the vote cast for any candidate elected to that same office. Section 7-35: Other Recounts or Contests. Except as or recounts shall 31-10-1301, et seq. provided in section 7-34, all election contests be accomplished in accordance with C.R.S. Section 2. 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 wel fare of the publ ic, 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 proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or cir- cumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. GED\53027\127025.6 -19- - section 5. Effect of Repeal or Modification. The repeal or modification of any provision of the Code of the City of Wheat Ridge by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force of the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. section 6. Effective Date. passage. This Ordinance shall take effect upon INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of July, 1995, 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 August 14, 1995, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0, this 14th day of August, 1995. SIGNED by the Mayor on this 15th day of August, 1995. ~~ DAN WILDE, MAYOR rk APPROVEQ-----A" TO FORM BX ATTORNE:Y \ / 1st Publication: 2nd Publication: Wheat Ridge sentinel Effective Date: August 3, 1995 August 31, 1995 August 14, 1995 GED\53D27\127D25.6 -20-