HomeMy WebLinkAbout10602ORDINANCE NO. 10602
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, AMENDING CHAPTER 2 TITLE V OF
THE PUEBLO MUNICIPAL CODE, REGARDING CAMPAIGN
EXPENDITURES AND DISCLOSURES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1. Section 1 of Chapter 2 of Title V of the Pueblo Municipal Code is hereby deleted
and replaced as follows:
Sec. 5-2-1. \[Compliance with fair campaign practices act required.\] Adoption
(a) \[Every candidate for any city office in the City, and every candidate committee, issue
committee and political committee supporting or opposing any candidate for any city office
of the City or supporting or opposing any City initiative, referendum or other ballot issue,
shall comply with the requirements of the Fair Campaign Practices Act. Section 1-45-101,
et seq., C.R.S., as currently enacted and subsequently amended.
(b) Every such candidate, candidate committee, issue committee and political committee shall
timely file with the City Clerk the registration statements, disclosures and reports required
by the Fair Campaign Practices Act on forms approved for such use by the Colorado
Secretary of State.
(c) It shall be unlawful and a Class 1 municipal offense for any person to violate any provision
of this Section or the Fair Campaign Practices Act with respect to any election for any City
office of the City, or with respect to any City initiative, referendum or other ballot issue.
(d) The City Clerk shall impose an additional late charge of ten dollars ($10.00) per day for
each day that a statement, report or other information required to be filed by this Section
or the Fair Campaign Practices Act is not filed. For purposes of this Subsection (d), the
date of filing shall be the date of the postmark if the statement, report or other information
is mailed.\]
Except as explicitly modified herein, or modified hereafter by ordinance, City
elections shall be governed by the Colorado Fair Campaign Practices Act, 1-45-101, et seq.,
C.R.S. as now existing or hereafter amended or modified.
Sec. 5-2-2. Applicability
(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 this Section as
currently enacted and subsequently amended.
(b) Every such candidate, candidate committee, issue committee and
political committee shall timely file with the City Clerk the registration statements,
disclosures, and reports required by this Chapter on forms approved for such use by the
City Clerk.
(c) It shall be unlawful and a Class 1 municipal offense for any person to
violate any provision of this Section with respect to any election for any City office of the
City, or with respect to any City initiative, referendum or other ballot issue.
(d) The City Clerk shall impose an additional late charge of ten dollars
($10.00) per day for each day that a statement, report, or other information required to be
filed by this Section is not filed. For purposes of this Subsection (d), the date of filing shall
be the date of the postmark if the statement, report or other information is mailed.
Sec. 5-2-3. Contribution Limits
(a) Nothing herein in shall be construed to prohibit a corporation or labor
organization from making a contribution to a political committee.
(b) There shall be no maximum amount of aggregate contributions that any
person, including a political party, small donor committee, corporation, or labor
organization, may make to a candidate committee of a candidate for a municipal office,
and that a candidate committee for such candidate may accept for any one such person
per election.
(c) Notwithstanding any other provision of this subsection, no limited
liability company shall make any contribution to a candidate committee or political party if
either the limited liability company has elected to be treated as a corporation by the internal
revenue service pursuant to 26 C.F.R. § 301.7701-3 or any successor provision or the
shares of the limited liability company are publicly traded. A contribution by a limited
liability company with a single natural person member that does not elect to be treated as
a corporation by the internal revenue service pursuant to 26 C.F.R. § 301.7701-3 shall be
attributed only to the single natural person member.
(d)(1) Any limited liability company that is authorized to make a contribution
shall, in writing, affirm to the candidate committee, political committee, or political party
to which it has made a contribution, as applicable, that it is authorized to make a
contribution, which affirmation shall also state the names and addresses of all of the
individual members of the limited liability company. No candidate committee, political
committee, or political party shall accept a contribution from a limited liability company
unless the written affirmation satisfying the requirements of this paragraph (d) is provided
before the contribution is deposited by the candidate committee, political committee, or
political party. The candidate committee, political committee, or political party receiving
the contribution shall retain the written affirmation for not less than one year following the
date of the end of the election cycle during which the contribution is received.
(2) Any contribution by a limited liability company, and the aggregate
amount of contributions from multiple limited liability companies attributed
to a single member of any such company under this subsection 2, shall be
subject to the limits governing such contributions under this Chapter of Title
V of this Code. A limited liability company that makes any contribution to a
candidate committee, political committee, or political party shall, at the time
it makes the contribution, provide information to the recipient committee or
political party as to the amount of the total contribution attributed to each
member of the limited liability company. The attribution shall reflect the
capital each member of the limited liability company has invested in the
company relative to the total amount of capital invested in the company as
of the date the company makes the campaign contribution, and for a single
member limited liability company, the contribution shall be attributed to that
single member. The limited liability company shall then deduct the amount
of the contribution attributed to each of its members from the aggregate
contribution limit applicable to multiple limited liability companies under this
subparagraph (2) for purposes of ensuring that the aggregate amount of
contributions from multiple limited liability companies attributed to a single
member does not exceed the contribution limits under this Chapter of Title
V of this Code. Nothing in this subparagraph (2) shall be construed to restrict
a natural person from making a contribution in his or her own name to any
committee or political party to the extent authorized by law.
(e) As used in this section, “limited liability company” has the same meaning
as “domestic limited liability company” as defined in section 7-90-102(15) C.R.S. or
“foreign limited liability company” as defined in section 7-90-102(24) C.R.S. as amended.
Sec. 5-2-4. Disclosures
(a) All candidate committees, political committees, issue committees,
small donor committees, and political parties shall report to the City Clerk their
contributions received, including the name and address of each person who has
contributed twenty dollars or more, expenditures made, and obligations entered into by
the committee or party.
(1) In the case of contributions made to a candidate committee,
political committee, issue committee, and political party, the disclosure
required by this section shall also include the occupation and employer of
each person who has made a contribution of one hundred dollars or more to
such committee or party.
(2) Any person who expends one thousand dollars or more per
calendar year on electioneering communications shall report to the City
Clerk, in accordance with the disclosure required by this section, the amount
expended on the communications and the name and address of any person
that contributes more than two hundred fifty dollars per year to the person
expending one thousand dollars or more on the communications. If the
person making a contribution of more than two hundred fifty dollars is a
natural person, the disclosure required by this section must also include the
person’s occupation and employer. Electioneering communication reports
must include the name of the candidate or candidates unambiguously
referred to in the electioneering communication or regular biennial school
electioneering communication. In accordance with section 1-45-103 (9)
C.R.S., an electioneering communication includes any communication that
satisfies all other requirements set forth in section 2 (7) of article XXVIII of
the state constitution but that is broadcast, printed, mailed, delivered, or
distributed between the primary election and the general election.
(3) In the case of a limited liability company, the disclosure required
by this section shall include, in addition to any other information required to
be disclosed, each contribution from the limited liability company regardless
of the dollar amount of the contribution.
(4) Any disbursement not otherwise defined as an expenditure may
be reported to the City Clerk.
(b) A candidate's candidate committee may reimburse the candidate for
expenditures the candidate has made on behalf of the candidate committee. Any such
expenditures may be reimbursed at any time. Notwithstanding any other provision of law,
any expenditure reimbursed to the candidate by the candidate's candidate committee
within the election cycle during which the expenditure is made shall be treated only as an
expenditure and not as a contribution to and an expenditure by the candidate's candidate
committee. Notwithstanding the date on which any such expenditure is reimbursed, the
expenditure shall be reported at the time it is made in accordance with the requirements
of this section.
Sec. 5-2-5. Reports.
(a) Reports that are required to be filed with the City Clerk must be filed:
(1) On the twenty-first day and on the Friday before and thirty days
after the primary election, where applicable, and the major election in
election years, and annually in off-election years on the first day of the month
in which the anniversary of the major election occurs; except that, for a
runoff election reports must be filed no later than fifteen days before and
fifteen days after the runoff election.
(2) For purposes of this section, “election year” means every odd-
numbered year for political parties and political committees and each year
in which the particular candidate committee's candidate, or issue
committee's issue, appears on the ballot; and “major election” means the
election that decides an issue committee's issue, or the election that elects
a person to the public office sought by the candidate or committee's
candidate.
(b) The City Clerk shall keep a copy of any report or statement required by
this chapter for a period of one year from the date of filing. In the case of candidates who
were elected, those candidate’s reports and filing shall be kept for one year after the
candidate leaves office.
(c) If the reporting day falls on a weekend or legal holiday, the report shall
be filed by the close of the next business day.
(c) The reports required by this section shall also include the balance of
funds at the beginning of the reporting period, the total of contributions received, the total
of expenditures made during the reporting period, and the name and address of the
financial institution used by the committee or party.
(d) The reporting period for all reports required to be filed with the City Clerk
shall close five calendar days prior to the effective date of filing.
(f) Except as provided in subsection (1) of this section, and in addition to any
report required to be filed with the City Clerk under this section, all candidate committees,
issue committees, and political parties must file a report with the City Clerk of any
contribution of one thousand dollars or more at any time within thirty days preceding the
date of the primary election, general election, or run off election. This report shall be filed
with the City Clerk no later than seventy-two hours after receipt of said contribution.
(1) Notwithstanding the provisions of subsection (f) of this section,
the following committees need not file the reports described in subsection
(f) of this section in the following instances:
(i) An issue committee need not report a contribution of one
thousand dollars or more preceding a primary election; and
(ii) A committee for a candidate not on the ballot need not
report a contribution of one thousand dollars or more during the off-
election year.
Sec. 5-2-6. Enforcement.
(a) Any person who believes that a violation of this Chapter has occurred
may file a written complaint with the City Clerk in accordance with section 5-2-6.1 of this
Code.
(b) For those complaints that concern a criminal violation pursuant to
section 5-2-2 of this code, if the City Attorney determines that no probable cause exists,
that the complaint fails to allege an enforceable violation, or that the requirements of
section 5-2-6-1 were not met by the complainant, the City Attorney shall so notify the City
Clerk, who will, in turn, notify the complainant and respondent in writing.
(c) If the City Attorney determines probable cause exists, the City Attorney
may notify the Pueblo Police Department, who, in consultation with the City Attorney, may
file and serve a summons and complaint to the respondent.
(d) The City Attorney retains prosecutorial discretion on whether to
ultimately file criminal charges. If the City Attorney determines filing a summons and
complaint is inappropriate, he or she shall so notify the City Clerk, who will, in turn, notify
the complainant and respondent in writing.
(e) Notwithstanding the above, nothing in this section shall be read to
preclude the City Attorney from declaring a conflict of interest, and taking appropriate
action in accordance with this Code and general practices of the City, including, but not
limited to, hiring special counsel, if deemed necessary and advisable under the
circumstances.
(f) Nothing in this section shall preclude the City from pursuing an action,
civil or criminal, against any person, candidate, candidate committee, issue committee,
small-scale issue committee or political committee for any violation of this Chapter,
regardless of whether a complaint had been filed pursuant to this section.
(g) The Mayor in consultation with the City Attorney is hereby authorized to
adopt administrative regulations consistent with the provisions of this Chapter.
Sec. 5-2-6.1 Allegation of Campaign Violation.
(a) Any candidate or registered elector of the City ("complainant") who has
reason to believe a violation of Title V, of this Code, has occurred by any person, candidate,
candidate committee, issue committee, small-scale issue committee or political committee
may file a written complaint with the City Clerk, no later than thirty days after the alleged
violation has occurred.
(b) The complaint must contain:
(1) The name of the alleged violator;
(2) The Code provision allegedly violated;
(3) A brief statement or description of the offense allegedly committed
and the basis for the allegation;
(4) Identification of any relevant documents or other evidence;
(5) Identification of any witnesses or persons with relevant
knowledge; and
(6) The name, address and telephone number of the complainant.
(c) For complaints that allege a criminal violation as set forth in section 5-2-
2, the City Clerk will forward the complaint to the respondent and to the City Attorney, who
will evaluate the complaint for probable cause as provided for in section 5-2-6.
(d) For complaints that do not allege a criminal violation, the complaints shall
be subject to a civil infraction process as provided herein:
(1) The City Clerk will forward the complaint to the respondent by
electronic mail, notifying the respondent that the alleged violation may be subject
to a civil infraction.
(2) The City Clerk will forward the complaint to the City Attorney, who
shall review the complaint to determine whether the complaint:
(A) Was timely filed under hereunder;
(B) Contains the information required hereunder; and
(C) Alleges sufficient facts to support a factual and legal basis
for the violations alleged.
(3) If the City Attorney determines that the complaint fails to satisfy
any of the three (3) elements in the immediately preceding Subsection (2), the City
Attorney shall so notify the City Clerk who will, in turn, notify the complainant and
respondent in writing.
(4) If the City Attorney determines that the complaint satisfies the
three (3) elements in the immediately preceding Subsection (2), the City Attorney
shall notify the City Clerk who will, in turn, notify the respondent in writing of the
presumptive penalty in accordance with section 5-2-2 and that the respondent shall
have seven days from the date of the notice to submit written evidence of its cure
or diligent efforts to cure the violation, including any amendments to any applicable
report containing one or more deficiencies, modified campaign materials, or other
proof that the violation has been corrected. The respondent's written response shall
be due to the City Clerk no later than 5:00 p.m. on the tenth day. In the event the
tenth day is a weekend or City holiday, the response shall be due no later than 5:00
p.m. the next business day.
(5) On receipt of the respondent's written response, the City Attorney
may, through the City Clerk, ask the respondent to provide more information and
may grant the respondent an extension of time of up to seven additional days to file
an amended response regarding cure in order to respond to any such request.
(6) After the period for cure has expired, the City Attorney shall
determine whether the respondent has cured any violation alleged in the complaint
and, if so, whether respondent has substantially complied with its legal obligations
under Title V, Chapter 2, of this Code. In determining whether the respondent has
substantially complied with its legal obligations, the City Attorney shall consider:
(A) The extent of the respondent's noncompliance;
(B) The purpose of the provision violated and whether that
purpose was substantially achieved despite the noncompliance; and
(C) Whether the noncompliance may properly be viewed as a
knowing attempt to mislead the electorate or election officials.
If the City Attorney determines the respondent has cured any
violation or otherwise substantially complied with its legal obligations under
Chapter 7, Article 5, the City Attorney shall so notify the City Clerk who, in turn,
shall notify the complainant and the respondent and no penalty shall apply for the
corresponding alleged violation or violations, as applicable.
(7) If the City Attorney determines the respondent has not cured the
alleged violation or otherwise substantially complied with its legal obligations, the
City Attorney may conduct additional review or investigation of the allegations of
the complaint to determine whether to file a complaint with the Municipal Court.
(8) If the City Attorney files a complaint with the Municipal Court, the
matter shall be governed by Title 1, Chapter 6 of this Code.
(9) A complainant or any other nonrespondent shall not be a party to
the City Attorney's initial review, cure proceedings, investigation, or any
proceeding in the Municipal Court. A complainant may request permission from the
Municipal Judge or their designee to file an amicus curiae brief.
(10) Any person that commits a violation of this Title shall be
personally liable for the penalties imposed. Any candidate shall be personally liable
for penalties imposed upon the candidate or the candidate's committee and may
use campaign contributions to pay penalties.
SECTION 2.
The officers and staff of the City are authorized and directed to take all action necessary,
appropriate or required to implement the provisions of this Ordinance.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 13, 2023.
Final adoption of Ordinance by City Council on November 27, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on November 29, 2023 .
☐ Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
☐ Council did not act to override the Mayor's veto.
☐ Ordinance re-adopted on a vote of ____________, on _____________
☐ Council action on _______ failed to override the Mayor’s veto.
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # R14
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 27, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Marisa Stoller, City Clerk
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, AMENDING CHAPTER 2 TITLE V OF THE PUEBLO
MUNICIPAL CODE, REGARDING CAMPAIGN EXPENDITURES AND
DISCLOSURES
SUMMARY:
The following ordinance updates and amends the campaign finance code to keep the
current regulations laid out by the state.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
In the 2023 legislative session, the state made significant changes to the Campaign
Finance Code. These changes were lobbied against by CML and CMCA, but
successfully passed and are expected to go into effect on January 1, 2024. Homerule
municipalities are able to opt out of the updates by incorporating the current rules into
their code, and this ordinance codifies the current rules.
FINANCIAL IMPLICATIONS:
Not applicable to this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
The City Council can choose not to approve the ordinance, which would allow the state
changes to go into effect in Pueblo.
RECOMMENDATION:
Passage of the Ordinance.
ATTACHMENTS:
1. Ordinance