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Section 1: Sections 5A-3, 5A-4, 5A-5, 5A-6, 5A-7, and 5A-8 of the Code of Laws of the City of Wheat Ridge are hereby repealed in their entirety.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