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HomeMy WebLinkAbout06215ORDINANCE NO. 6215 AN ORDINANCE REPEALING AND REENACTING CHAPTER 2 OF TITLE V OF THE 1971 CODE OF ORDINANCES RELATING TO ELECTION CAMPAIGN EXPENDITURES AND DISCLOSURES AND FAIR CAMPAIGN PRACTICES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1 Chapter 2 of Title V of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby repealed in its entirety and reenacted to read as follows: [SECTION SUBJECT 5 -2 -1 Definitions 5 -2 -2 Filing 5 -2 -3 Statement of Organization - Candidate Affidavit 5 -2 -4 Deposit of Contributions 5 -2 -5 Reports - Certification and Filing 5 -2 -6 Duties of City Clerk 5 -2 -7 Campaign Funds - Use Restricted 5 -2 -8 Cash Contributions and Expenditures 5 -2 -9 State and Political Subdivisions - Limitations on Contributions 5 -2 -10 Expenditures - Political Advertising -Rates and Charges 5 -2 -11 Encouraging Withdrawal from Campaign Prohibited 5 -2 -12 Penalties - Late Charges 5 -2 -1: DEFINITIONS - AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: A. "Campaign treasurer" means the treasurer of any candidate for election or of any campaign committee. A candidate may appoint himself Campaign Treasurer. B. "Candidate" means any person seeking nomination or election to any city office in the City of Pueblo. C. "Contribution" means a gift, loan, pledge or advance in money, or a guarantee of a loan made to or for any candidate or campaign committee for the purpose of influencing the passage or defeat of any issue or the nomination, retention, election, or defeat of any candidate. "Contribution" does not include services provided without compensation by individuals volunteering their time on behalf of a candidate or campaign committee. Any transfer of money between campaign committees is an expenditure by the campaign committee which dispenses the money and is a contribution to the campaign committee which receives the money. D. "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 campaign 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 any person paying compensation therefor. "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. E. "Election" means any general or special municipal 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. F. "Expenditure" means a payment, distribution, loan, or advance of any money or contribution in kind by any candidate, campaign committee, or agent of either for the purpose of influencing the passage or defeat of any issue or the nomination, retention, election, or defeat of any candidate. "Expenditure" does not include services provided without compensation by any candidate, person or campaign committee. An expenditure occurs when the actual payment is made, or when there is a contractual agreement for the payment of money. G. "Issue" means any proposition or initiated or referred measure which is to be submitted to the electors for their approval or rejection. An issue includes the recall of any elected official. H. "Person" means any individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. I. "Campaign 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 any City office or seek to influence the passage of defeat of any issue. 5 -2 -2: FILING A. All reports and statements required to be filed by this Ordinance shall be filed -2- with the City Clerk and shall be received by the City Clerk not later than the designated day. B. Any campaign 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 One Hundred Dollars ($100.00) or which makes expenditures which do not exceed in the aggregate One Hundred Dollars ($100.00) shall not be subject to the reporting provisions of this article. The provisions of this subsection shall not exempt any campaign committee from the requirements of Section 5 -2 -3. 5 -2 -3: STATEMENT OF ORGANIZATION - CANDIDATE AFFIDAVIT A. (1) Every candidate or campaign committee shall file with the City Clerk a Statement of Organization no later than 15 days after receipt of any contribution or contributions in kind, or the making of any expenditure, whichever occurs first. (2) For the purposes of Paragraph (1) of this Subsection (A), any candidate or campaign committee required to file a Statement of Organization on the effective date of this article, shall file a Statement of Organization with the City Clerk no later than fifteen (15) days after said effective date. (3) Every campaign committee shall file a Statement of Organization with the City Clerk no later than fifteen (15) days after opening a bank account. B. A Statement of Organization shall include: (1) The name and address of the candidate or description of the issue being supported or opposed. (2) The name and address of the Campaign Treasurer. (3) Acceptance of responsibilities as Campaign Treasurer signed by the person named as Campaign Treasurer. C. Candidate Affidavit. When any individual becomes a candidate, such individual shall certify, by affidavit filed with the City Clerk within 10 days, that he is familiar with the provisions of this Chapter. 5 -2 -4: DEPOSIT OF CONTRIBUTIONS - All contributions received by a candidate or campaign committee shall within 15 days after receipt be deposited in a financial institution in a separate account whose title shall include -3- the name of the candidate or campaign committee. All records pertaining to such accounts shall be maintained by the candidate or campaign committee for sixty (60) days after submission of the final report unless a complaint is filed relating to the election or for an alleged violation of this Chapter, in which case they shall be maintained until final disposition of such complaint. Such records shall be subject to inspection at any hearing or trial held pursuant to this article. 5 -2 -5: REPORTS - CERTIFICATION AND FILING - A. A Campaign Treasurer shall file reports of all contributions received and all expenditures made by or on behalf of such candidate or campaign committee. Reports shall be filed eleven (I1) days before and thirty (30) days after any election. Filing shall be complete and accurate as of five days prior to the filing date. The report of contributions received and disbursements made required to be filed not later than thirty (30) days after any election shall be sworn to and jointly filed by both the candidate and the Campaign Treasurer. B. Any incumbent holding an elected municipal 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 help him defray his expenses incident thereto but which are not covered by official compensation, shall file with the City Clerk, on or before January 15 of each year, a supplemental report for the preceding calendar year, which report shall contain substantially the information required by subsection D of this section. C. All reports 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 registered mail with respect to any deficiency found. The Campaign Treasurer shall have seven (7) 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 made an aggregate contribution to or for such candidate or campaign committee within the reporting period in excess of Twenty -Five dollars ($25.00) or a contribution in kind in excess of One Hundred Dollars ($100.00), 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; (3) The total sum of all contributions and contributions in kind to or for Gd' such candidate or campaign 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 campaign committee within the reporting period in excess of Twenty -Five Dollars ($25.00), together with the amount, date, and purpose of each expenditure and the name of and office sought by each candidate on whose behalf such expenditure was made; (5) The total sum of all expenditures made by such candidate or campaign committee during the reporting period; (6) The name and address of any bank or other depository for funds used by the candidate or campaign committee. E. Notwithstanding any other reports required under this section, the campaign treasurer shall file a separate report for any contribution or contribution in kind in excess of two hundred fifty dollars ($250.00) received by the candidate or campaign committee at any time during the sixteen days preceding the election. This report shall be filed or postmarked no later than forty -eight (48) hours after receipt of said contribution. F. Any report filed under this section 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 or no such deficit. In the event the status of the balance or 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 as of five days prior to the filing date and shall state the disposition of any unexpended balance or deficit. The report required under 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 campaign committee shall contain the information required by this section. 5 -2 -6: DUTIES OF CITY CLERK - A. The City Clerk shall: (1) Prescribe forms for statements and other reports required to be filed under this Chapter. -5- (2) Develop a filing and indexing system consistent with the purpose of this article. (3) 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 or campaign committees for a period of one (1) year after the date of receipt. (4) Make all filed reports and statements available for public inspection and copying under the City Clerk's supervision, commencing as soon as practicable but not later than the end of the second day following the day during which it was received. The City Clerk 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 -2 -7: CAMPAIGN FUNDS - USE RESTRICTED - 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 nomination, retention, election, or defeat of any candidate or to voter registration or political education. Contributions not expended, upon approval of the candidate or campaign committee, may be contributed to any nonprofit or charitable organization or the City of Pueblo, but not to any political party, campaign committee or candidate. 5 -2 -8: CASH CONTRIBUTIONS AND EXPENDITURES A. No person shall make any contribution in currency or coin exceeding one hundred dollars in support of or in opposition to any candidate, campaign committee or issue, and no candidate or campaign treasurer shall receive any contribution in currency or coin exceeding one hundred dollars. B. No candidate or campaign 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. 5 -2 -9: STATE AND POLITICAL SUBDIVISIONS - LIMITATIONS ON CONTRIBU- TIONS (1) No agency, department, board, division, bureau, commission, or council of the state or any political subdivision thereof or of the City of Pueblo shall make any contribution or contribution in kind in campaigns involving any issue or the nomination, 01 retention, or election of any person to any elected office of the City of Pueblo. 5 -2 -10: EXPENDITURES -POLITICAL ADVERTISING- RATES AND CHARGES No candidate or campaign committee 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. 5 -2 -11: ENCOURAGING WITHDRAWAL FROM CAMPAIGN PROHIBITED No person shall pay, cause to be paid, or attempt to pay to any candidate or to any campaign 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. 5 -2 -12: PENALTIES - LATE CHARGES (1) No person who violates any provision of this Chapter or who gives or accepts any contribution or contribution in kind required to be reported under section 5 -2 -5 of this Chapter in such a way as to hinder or prevent identification of the true donor commits a municipal offense, and upon conviction thereof, shall be punished by a fine not exceeding Three Hundred Dollars ($300.00) or imprisonment for a term not exceeding ninety days or by both such fine or imprisonment. Any such person who violates any provision of this Chapter and who is also a candidate shall, in addition, 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) It shall be an affirmative defense to prosecution under this Chapter that the offender did not have actual knowledge of his responsibility under this Chapter and was an uncompensated volunteer. (3) The City Clerk shall impose an additional late charge of ten dollars per day for each day that a statement or other information required to be filed by this Chapter is not filed. The date of filing shall be the date of the postmark if the report is mailed.] 5 -2 -1: COMPLIANCE WITH FAIR CAMPAIGN PRACTICES ACT REQUIRED -7- (a) Every candidate for an, city office in the City of Pueblo, and every candidate committee, issue committee and political committee supporting or opposing any candidate for my _city office of the City of Pueblo or supporting or opposing any _City of Pueblo initiative, referendum or other ballot issue, shall comply with the requirements of the Fair Campaign Practices Act, Section 1 -45 -101 et sea., C.R.S. adopted by the People of the State of Colorado on November 5, 1996. 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. 0 It shall be unlawful and a Class 1 Municipal Offense for any person to violate my provision of this section or the Fair Campaign Practices Act with respect to any election for any city office of the City of Pueblo, or with respect to any City of Pueblo initiative, referendum or other ballot issue, and upon conviction thereof, such person shall be punished by a fine not exceeding Three Hundred Dollars ($300.00 ) or imprisonment for a term not exceeding ninety days or by both such fine and imprisonment. U The City Clerk shall impose an additional late charge of Ten Dollars ($10.00) per da 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 12=oses of this paragraph (dl, the date of filing shall be the date of the postmark if the statement report or other information is mailed. SECTION 2 This Ordinance shall become effective immediately upon final passage and approved. ATTEST: City ClerQS INTRODUCED: July 14 , 1997 BY Al Gurul e Councilperson APPROVED: President of e Cit Council