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ORDINANCE NO. 8653
AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 2 OF
TITLE V OF THE PUEBLO MUNICIPAL CODE WITH RESPECT
TO COMPLIANCE WITH THE FAIR CAMPAIGN PRACTICES
ACT
WHEREAS, in an effort to conform municipal campaign practices to state law,
Pueblo required compliance with the Fair Campaign Practices Act (FCPA) beginning in
1997 making it a City Code requirement; and
WHEREAS, the specific reference to the date of adopting of the FCPA on
November 5, 1996 makes it clear that substantive amendments to the FCPA made by
the Colorado General Assembly after 1997 are not included in the City of Pueblo
requirements; and
WHEREAS, the FCPA has seen significant revisions since 1996 and the
underlying intent of the City’s adoption of the FCPA was to conform campaign practices
to current state laws; and
WHEREAS, the Pueblo Board of Elections reviewed the proposed amendment
and recommends approval; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets
indicate matter being deleted, underscoring indicates matter being added.)
SECTION 1.
Section 1 of Chapter 2 of Title V of the Pueblo Municipal Code is hereby
amended to read as follows:
Sec. 5-2-1 Compliance with fair campaign practices act required.
(a) Every candidate for any city office in the City, and every candidate
committee, issue committee and political committee supporting or opposing any
candidate for any city office of the City or supporting or opposing any City
initiative, referendum or other ballot issue, shall comply with the requirements of
[
the Fair Campaign Practices Act. Section 1-45-101, et seq., C.R.S., adopted by
] as currently enacted
the People of the State of Colorado on November 5, 1996
and subsequently amended
.
SECTION 2:
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of the Ordinance to effectuate the policies and
procedures described herein.
SECTION 3:
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: October 15, 2013
BY: Ed Brown
PASSED AND APPROVED: October 28, 2013
Background Paper for Proposed
ORDINANCE
DATE: AGENDA ITEM # R-11
October 15, 2013
DEPARTMENT:
CITY CLERK’S OFFICE
GINA DUTCHER, CITY CLERK
TITLE
AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 2 OF TITLE V OF THE
PUEBLO MUNICIPAL CODE WITH RESPECT TO COMPLIANCE WITH THE FAIR
CAMPAIGN PRACTICES ACT
ISSUE
Should the City Council amend Section 5-2-1(a) of Chapter 2 of Title V of the Pueblo
Municipal Code relating to the Fair Campaign Practices Act (FCPA) in order to conform
municipal campaign practices to existing State law and to apply the FCPA currently in
force and subsequently amended?
RECOMMENDATION
The Pueblo Board of Elections Recommends Approval of the Ordinance.
BACKGROUND
In an effort to conform campaign practices to state law, Pueblo required compliance
with the Fair Campaign Practices Act (FCPA) beginning in 1997 making it a City Code
requirement; however, the specific reference to the date of adopting of the FCPA on
November 5, 1996 indicates that substantive amendments to the FCPA made by the
Colorado General Assembly after 1997 are not applicable to the City of Pueblo
Ordinance and requirements. The FCPA has seen significant revisions since 1996.
Because the underlying intent of the City’s adoption of the FCPA was to conform
municipal campaign practices to state laws, an amendment to Ordinance is necessary
in order for the City Code to be consistent with the FCPA as it currently exists and is
subsequently changed.
FINANCIAL IMPACT
None