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HomeMy WebLinkAboutResolution-1992-1318 RESOLUTION NO. 1318 SERIES OF 1992 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE ACCEPTING PETITIONS CALLING FOR AN ELECTION TO AMEND THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, CALLING SAID SPECIAL ELECTION FOR MAY 4, 1993, AND ESTABLISHING THE BALLOT TITLE THEREFOR. WHEREAS, petitions bearing 987 signatures were filed with the city Clerk on September 3, 1992, pursuant to the provisions of Section l6.8 of the Home Rule Charter of the city of Wheat Ridge, which petitions seek an election to amend the Home Rule Charter of the City of Wheat Ridge as provided in said petitions; WHEREAS, the city Clerk has verified that 987 signatures of those stating and purporting to be registered electors of the City of Wheat Ridge are present on said petitions, and said City Clerk has verified said fact to the city council; WHEREAS, no challenge has validi ty or sufficiency of said time period provided; been submitted regarding the signatures within the statutory WHEREAS, pursuant to the provisions of Section 16.8 of the Home Rule Charter of the City of Wheat Ridge, the City Council "shall publish notice of and call an election upon the proposed amendment, which election shall be held not less than thirty (30) nor more than one hundred eighty (l80) days after publication of the notice thereof"; WHEREAS, pursuant to the provisions of Section 2.2 of the Home Rule Charter of the City of Wheat Ridge, the City Council may call a special election by resolution or ordinance, provided said special election is called at least sixty (60) days in advance of such election; WHEREAS, the City Council wishes election for May 4, 1993, and to submitted on the petitions described hereby adopt above. to call such a special the ballot question NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Wheat Ridge, Colorado, as follows: l. A special election is hereby called for May 4, 1993, in compliance with the provisions of Section l6.8 of the Home Rule Charter of the City of Wheat Ridge. November 13, 1992 2. At said special election there shall be submitted to the registered electors of the city of Wheat Ridge the following question: Shall there be an amendment to the Wheat Ridge Home Rule Charter to provide voluntary spending limits and mandatory limits upon making and receipt of campaign contributions from sources other than the candidate for local candidate campaigns, to encourage candidates to adopt the voluntary spending limits, to create a commission to oversee political finance practices and investigate violations of campaign finance law, and to establish a trust fund for partial public funding of certain qualifying candidates who adopt the voluntary spending limits? Yes No 3. The City Clerk is hereby directed to publish in full the text of the proposed amendment as provided in section 16.8 of the Home Rule Charter of the City of Wheat Ridge. 4. The City Clerk is hereby authorized and directed to undertake all other activities required to conduct said special election within the scope of the Colorado Municipal Election Code of 1965 and the Charter and ordinances of the City of Wheat Ridge. DONE AND RESOLVED this 9th day of November, 1992. ATTEST: I " . " )j" ! , ( , ( ., ,,' ' -Wanda Sang ,'~crty CfJrk - 2 - November 13, 1992 SHALL mERE BE AN AMENDMENrTO - '"E WHEAT RIDGE HOME RULE OiARTER TO PRr 'E VOLUNTARY SPENDING LIMITS AND I IDATORY LIMITS UPON MAKING AND RECEIP-i YES CAMPAIGN COllTTRIBlTTIONS FROM So11kCES OTHER THAN THE CANDIDATE FOR LOCAL CANDIDATE CAMPAIGNS, TO ENCOURAGE CANDIDATES TO ADOPT THE VOLUNTARY SPENDING LIMITS, TO CREATE A COMMISSION TO OVERSEE POLmCAL FINANCE PRAcnCES AND INVESTIGA n; VIOLATIONS OF CAMPAIGN FINANCE LA W, AND TO ESTABLISH A TIWST FUND FOR PARTIAL PUBLIC FUNDING OF CERTAIN QUALIFYING CANDIDATES WHO ADOPT THE VOLUNTARY NO SPENDING LIMITS? TO: The Honorable Wanda Sang, City Clerk, City of Wheat Ridge, Colorado We, the undersigned, registered voters of the City of Wheat Ridge, State of Colorado, do hereby respectfully order and demand that: The following proposed AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO shall be submitted to the legal voters of the city for their adoption or rejection at the polls at the next general election to be held on Tuesday, the third day of November, 1992, and each of the signers hereto says: I sign this petition in my own proper person only, I am a registered voter of the City of Wheat Ridge, State of Colorado, my residence address and the date of my signing this petition are correctly written immediately after my name, and I do hereby designate the following persons to represent me in all matters affecting this petition: Vance T Edwards, 3205 Jay Street, Wheat Ridge, Colorado 80033. (303) 233-1820 Louise Turner. 11256 West 38th A venue, Wheat Ridge, Colorado 80033, (303) 422-5134 Nancy Snow, 11155 West 40th A venue, Wheat Ridge, Colorado 80033, (303) 422-2059 Be It Enacted by the People of the City of Wheat Ridge: The Charter of the City of Wheat Ridge is hereby amended to read by the addition of: Chapter II. Elections SECTION 2.8 CampaIgn and Political Finance A. Definitions "Candidate committee" means a person or persons with the common purpose of receiving contributions and making expenditures on behalf of a person, or candidate, running for public office. "City" shall mean the City of Wheat Ridge, Colorado. "Co.:nmission" means the ~ampaign and political finance commission. "Contribution" means a gift. loan. pledge. or advance of money or a guarantee of a loan made to or for any candidate, candidate committee 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" includes a gift of money to or for any incumbent, or person holding public office, the purpose of which is to compensate the officeholder for public service or to help defray the officeholder's expenses incident thereto but which are not covered by official compensation; the payment of anv money by any person, other than a political committee working on a candidate's behalf. ~or political services rendered to the candidate, candidate committee or polIttcal commIttee; any payment made to third parties at the request of or with the prior knowledge of a candidate, candidate committee, 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 tpp political co 'tt h' h ' h monev. mml ee w IC receives t e "Election cvcle" means th~eriod of time beginning no earlier than theday after a I "I I ' lor any elected office and ending on midnight of the next general municipal electio~ day fo genehraffmumclpa e ection "lndepende t e d'tu" r suc 0 Ice. , n ,xpen I re means payment of money by a natural person or poiitical committee for the u se of advocating the election or defeat of a candidate or the approval or rejection of an issue hi h d' P rpo controlled b d' ted 'th d . w c expen lture IS not y. coor lOa WI. or ma e upon consultation with, any candidate for public office or olitical committee lonned ::aIel!" to seek passa~~ or defeat 01 any Issue. or agent of such candidate or committee. p Political comrmttee means any person or persons, other than a single natural person ho k ' tr'b ti 'b" k' ' w ma es or receives con I U ons or conm utlons 10 1Od, or makes expenditures to support or oppose a candidate for ublic office or the passage or defeat 01 any Issue at any election or making expenditures to support or oppose anv p~itical party or pohtlcal orgamzatlOn. - 'Trust fund" means the election campaign financing trust fund. B, Voluntary campaign spending limits. (]) Any candidate for elec;ted public office may certify to the commission that the followin s endin limits shall not be exceeded by the candidate or candidate's committee: g p g , (a), Each candidate for mayor shall prohibit expenditures by the candidate or candidate's committee exceed10g fifty cents per registered elector within the City, per election cycle; (b) Each candidate lor City-wide office other than mayor shall prohib't d'tu b h d'd " ' , ' . ' I ex pen I res y t e can I ate or candidate s conumttee exceedmg lorty cents per registered elector wI'th' th C'ty I' I ( , , _ , , ,me I ,per e ectlOn cyc e; c) Each candIdate for the City CounCil shall prohibit expenditures by th d'd d'd' ' ,,' e can I ate or can 1 ate s comnuttee exceedmg IIfty cents per registered elector within the City C 'I'D" , . _ oune IstrlCt. per election cycle; (2) No later than sixty days subsequent to the end of any election. all candidates shall remit to the trust lund all campaign funds remaining from the prior election exceeding two hundred dollars. (3) Any candidate who files a statement pursuant to section BO) of this section and subsequently exceeds the voluntary spending limit shall pay to the trust fund as a penalty an amount equal to the excess expenditures. Such penalty shall not be an allowable campaign expense and shall be paid from personal funds other than campaign funds of the candidate. (4) If a non-participating candidate exceeds the spending limit as described in this Section 2.8, any opponent at such candidate. who has certified to the commission that the candidate accepts the applicable spending limit. may exceed the applicable spending limit without being subject to a penalty in addition, the commission shall provide the participating candidate. within five days after a request by the participating candidate who has raised a threshold of twenty-five percent of the applicable spending limit in donations from natural persons. with proceeds tram the trust fund equal to twenty-five percent of the maximum spending limit specified in section B 01 this Section 2.8 in any election cycle. C. No candidate committee shall receive aggregate contributions, other than from natural persons. exceeding fifteen percent ot the applicable spending limit as set forth in section B of this section 2.8 in any election cycle O. No candidate committee shall accept aggregate contributions tram anyone contributor, other than the candidate. exceeding one hundred dollars per election to city-wide office candidates and exceeding one hundred dollars per election cycle to candidates tor all other offices. E. No candidate committee shall accept aggregate contributions from anyone minor dependent child exceeding twenty-five dollars per election cycle. F. No person. except a candidate tor public office contributing to the candidate's own authorized candidate committee. shall make contributions to any candidate committees and political committees in the aggregate, exceeding five hundred dollars. G. No candidate committee may contribute to another candidate r-"TlJTlittee or to a political committee. H. Any natural perso political committee making an independ~expenditure in excess of one hundred dollars on behalf of or in opposition to a candidate shall deliver notice In writing at such independent expenditure, as well as the amount of such expenditure and a detailed descnption of the media type or use of such independent expenditure, within twenty-four hours after obligating any funds for such independent expenditure. A notice of independent expenditure is required upon the purchase of any political advertising or the entering into of any agreement. either oral or written, to purchase any political advertising. Such notice shall be delivered to all of the candidates in the affected race and the commission, by personal hand delivery. The notice shall specifically state the name of the candidate whom the independent expenditure is designed to support or oppose. Each additional independent expenditure shall require the delivery and filing of a new notice. I Any written materials or other advertisements distributed, published, printed or broadcast in support of or in opposition to any specific candidate or issue by any natural person or political committee making an independent expenditure in excess of two hundred dollars shall identify every such natural person or political committee, and any authorized agent of each directly or indirectly responsible for providing at least ten percent of the cost thereof, as follows; In any written materials or other advertisement, in at least the same type size as the primary message, on the same side of the page as the primary message and as either the first sentence of a paragraph or as a separate paragraph; in oral advertisements, a clearly audible statement spoken at the same volume and at the same meter as the rest of the advertisement; in television advertisements, a clearly audible statement and a dearly visible image. J. A candidate who has certified to the commission acceptance of the applicable spending limit, in a race where an independent expenditure in excess of two hundred dollars is made in opposition to such candidate or on behalf of an opposing candidate. may exceed the applicable spending limit without being subject to a penalty. In addition, the commission shall provide the participating candidate, within five days after a request by the participating candidate who has raised a threshold of twenty-five percent of the applicable spending limit in donations from natural persons. with proceeds from the trust fund equal to twenty-five percent of the amount of the maximum spending limits specified in section B of this Section 2.8. K Disclosure. (1) All candidate committees. political committees and all contributors, other than natural persons, shall report to the commission the aggregate amount of contributions to each candidate from each contributor, including the occupation and place of business of each natural person who has contributed one hundred dollars or more. Such reports shall be filed biannually until six months prior to a general or special municipal election, then monthly to the date of the next general election and previously unreported contributions on the seventh day immediately preceding a general or special municipal election and such additional reports as required by ordinance. (2) All contributors other than natural persons shall. before making any contributions. provide the commission a statement listing (i) the contributor's full name, spelling out any acronyms used therem, Oi) a natural person who is authorized to act as a registered agent. (iii) an address and telephone number for the principal place of operations of the contributor, (IV) affiliated candidates and/or political committees and, (v) the purpose or nature of interest of the contributing committee. (3) Any person who makes an independent expenditure exceeding one hundred dollars shall report to the commission the date, amount. and recipient of all expenditures as well as the date, amount and contributors of all contributions the person has received every month in which any contribution is received or any expenditure is made. (4) All anonymous contributions and contributions not reported within sixty days after receipt shall be paid to the trust fund. (5) Each candidate committee and political committee shall maintain no more than one savings account and one checking account. L. Campaign and politil _ inance commission created. (1) There is hereby created a campaign and political finance commission ("commission"). The commission shall consist of nine members, two of whom shall be residents from each council district and one at large. All members of the commission shall be appointed by the mayor with the consent of the city council. No member or employee of the commission shall: (a) hold or be a candidate for any other public office while a member or employee of the commission or for one year thereafter; (b) be an employee of or be directly responsible to the city; (c) participate in or contribute to the political campaign of any candidate for a city office; (d) hold office in any political committee; (2) The term of a commissioner shall be three years. No member shall serve on the commission for more than six consecutive years nor be appointed for more than two full terms. (3) Each member shall hold office from the date of the member's confirmation by the city council until the end of the term for which the member was appointed or until his or her successor qualifies for office. Any vacancy occurring on the commission shall be filled within ninety days by the original appointing authority. Of the original appointees, three shall have a two-year term and four shall have a three-year term. (4) Members of the commission may be removed by the city council for good cause, including substantial neglect of duty, inability to discharge the powers and duties of office, violation of this Section 2.8, gross misconduct or conviction of a felony. (5) At its first meeting, the commission shall elect a chairperson. The chairperson shall serve as such until the end of the member's term as a commission member The chairperson shall appoint, with approval of the majority of the full commission, a vice-chairperson. The vice-chairperson shall act as chairperson in the absence of the chairperson or in the event of a vacancy in that position. The meetings of the commission shall be subject to the provisions of the Colorado open public meetings law, except that executive sessions shall be held pursuant to Section 5.7 of this home rule charter. (6) The commission shall meet not less than quarterlv Four members of the commission shall constitute a quorum and a vote of a majority of the members present shall be required for any action or recommendation of the commission. The chairperson or any four members of the commission may call a meeting at any time provided that advance written notice is mailed to each member and public notice is made seventy-two hours prior to such meeting. Members of the commission shall be reimbursed for all reasonable actual and necessary expenses incurred. The commission shall report annually to the mavor and city council concerning the actions it has taken, the money it has disbursed, and shall make such further reports on matters within its jurisdiction as necessary (7) The commission may subpoena witnesses. compel attendance and testimony, administer oaths and affirmations, take evidence, require by subpoena production of books, papers, records and other evidence necessary for the performance of its duties or exercise of its powers, including that of investigation. The commission shall. (a) Prescribe and publish rules and regulations to carry out the purposes of this Section 2.8, including rules governing th~ conduct of proceedings hereunder; (b) Prepare and publish, after giving the public an opportunity for comment, forms for the statements and reports required to be filed by this Section 2.8 and to make such forms available to any and all persons required to file statements and reports hereunder; (c) Make statements and reports filed with the commission available for public inspection andtcopying during regular office hours upon the request of any individual free of charge or at a charge not to exceed the actual material costs incurred in reproducing such statements and reports; (d) Compile and maintain a computerized index of all reports and statements filed with the commission to facilitate public access to such reports and statements; (e) Prepare ancl .,ublish regular summaries of statements ar ' <eports filed with the commission. (0 The spendl_limits. contribution limits and disclosure _tits established in this section 2.8 shall be adjusted biennially to reflect the rate of inflation as indicated in the consumer price index for all urban consumers for the Denver-Boulder area, all items. or successor reports as reported by the United States department of labor. bureau of labor sta tistics. (g) The commission shaH make available, within twenty-four hours after receipt, a copy of all reports received of contributions and expenditures for public inspection and copying, upon the request of any individual, free of charge or at a charge not to exceed the actual material costs incurred in reproducing such statements and reports. (8) Persons subject to this Section 2.8 may make application in writing to the commission for an advisory opinion on whether an action or proposed action violates the law The commission shaH respond within thirty days by issuing an advisory opinion. All advisory opinions shall be published. provided that any material that may identify the subject of the opinion shall be deleted prior to publication, and the person not be identified. Individuals may rely upon published guidelines and commission advisory opinions. Any person acting in good faith upon such reliance shall be immune from sanctions of this law, and have an absolute defense to any prosecution for such actions. (9) The commission may promulgate such rules and utilize state hearing officers as it deems necessary for the performance of its duties, which include but are not limited to, the handling ot investigations, complaints, dismissals, hearings, disposition and judicial review. The city council shall establish and publish a schedule of civil fines, which the commission shall impose, to encourage compliance with all provisions of this Section 2.8. (0) If the commission finds probable cause that a criminal violation has occurred, the commission shaH refer the matter to the Jefferson County District Attorney (II) The commission shall initiate an investigation within thirty days after receipt of a written, sworn complaint that a violation has occurred. Should the commission fail to act within thirty days after initiation of the investigation of a complaint any person mav file an affidavit with the appropriate district attornev stating the name of any person who has violated any provisions ot this article and stating the facts which constitute the aHeged offense. Upon the filing of such affidavit, the district attorney shall forthwith investigate, and if reasonable grounds appear therefor, the district attorney shall prosecute the violator. The attorney general shall have equal power with the Jefferson County District Attorney to file and prosecute informations or complaints against any persons for violating any of the provisions of this article. (I2) Except as otherwise provided in this article the commission shall have original and exclusive jurisdiction over the provisions in this article. (13) The commission is authorized to carry out the provisions of this article with appropriations to be made by the C it y Cou nc i 1 an annual amount commensurate with the needs of the commission to fulfill its duties as prescribed in this article. M. Establish the electIOn campaign financing trust tund There is hereby established in the city treasury an election campaign tinancing trust !und ("trust tund") to be utilized by the commission as provided in this Section 2.8. The trust fund shaH aHow for receipt of voluntary contributions by methods promulgated by the commission. All moneys deposited in the trust fund shall remain inviolate for the purpose for which created, and no part thereof shaH be transferred to any other tund, or used or appropnated for any other purpose. N Assessment on contributions by political committees to candidate committees and political parties. Each political committee shall pay a five percent assessment on all contributions, excluding in-kind contributions, made to any candidate committee or political party The assessment shall be remitted to the commission at the time contribution disclosure reports are due. The commission shall transfer the assessment revenues to the trust fund on receipt. O. Sanctions. (1) Any person who knowingly and willfully violates any of the provisions of this section 2.8 shall, in addition to any other sanctions, pay to the trust fund a sum equal to double the greater of the amount contributed, received or expended in violation of this Section 2.8. (2) All civil fines imposed by the commission shall be paid into the city treasury. (3) If any successful candidate for public office is adjudged guilty in a criminal action of violation of any requirement of this Section 2.8. (a) The court shall. after entering judgment, enter a supplemental judgment declaring a forfeiture of the candidate's right to office, or (b) If a successful candidate for city council. the court shall, after entering judgment. certify its findings to the presiding officer of the city council. (4) No action shall be commenced more than five years after the occurrence of any prohibited action has occurred. P Severability. If any provision of this Section 2.8 or the application in any particular case, is held invalid, the remainder of this Section 2.8 and its application in all other cases shall remain unimpaired. Q. Conflicting charter and ordinance provisions declared inapplicable. Anything in the charter or ordinances of this city in conflict or inconsistent with the provisions of this Section 2.8 is hereby declared to be inapplicable to the matters and things covered and provided for by this Section 2.8. R. Section self-executing This Section 2.8 is self-executing, but the city council may enact such ordinances as it deems necessary to facilitate its operations, but in no way limiting or restricting the provisions of this Section 2.8, or the powers herein reserved.