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Home My WebLink Aboutordinance.council.003-01 ORDINANCE NO. 3 (Series of 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 9.04 OF THE ASPEN MUNICIPAL CODE RELATING TO MUNICIPAL ELECTIONS, TO ADD A LEGISLATIVE DECLARATION TO THE CHAPTER? TO AMEND CERTAIN DEFINITIONS AT SECTION 9.04.010, TO CHANGE THE REPORTING REQUIREMENTS AS SET FORTH IN SECTION 9.04.020, AND TO AMEND THE LIMIT ON CONTRIBUTIONS BY A SINGLE DONOR IN SECTION 9.04.060 WHEREAS, The City Council hereby finds and declares that the integrity of municipal elections in our system of representative democracy is undermined in the absence of certain regulatinns requiring public disclosure of contributions and expenditures, limitations on campaign contributions to candidates; and strong enforcement of campaign laws; and WHEREAS, the State of Colorado Fair Campaign Practices Act, 1-45-101, et seq., C.R.S., while establishing campaign disclosure requirements, provides that any t~ome rule municipality, may adopt ordinances with respect to its local elections which are more stringent than any or all of the provisions of the Act; and WHEREAS, the City Council has determined, after full consideration of the matter, that in order to prevent corruption or the appearance of corruption caused by the real or perceived coercive influence of large amounts of money on candidates positions and their actions if elected, that campaign contributions to candidates ought to be limited to an amount not to exceed $200.00; and WHEREAS, the City Council recognizes that limiting campaign contributions to candidates for public office implicates the First Amendment to the United States Constitution and that any such limitations should be narrowly tailored to prevent corruption or the appearance of corruption; and, therefore urges furore City Councils to periodically review the $200 limit established by this ordinance to ensure that such limit does not infringe upon the rights of candidates, potential contributors or the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Chapter 9.04 of the ASPen Municipal Code, which chapter relates to municipal elections shall be and hereby is amended by the addition of a new Section 9.04.005 which section shall read as follows: 9.04.005 Legislative declaration. The City Council hereby finds and declares that large campaign contributions to political candidates allow wealthy contributors and special interests groups to exercise a disproportionate level of influence over the political process; that large campaign contributions create the potential for corruption and the appearance of corruption; that the interests of the public are best served by limiting campaign contributiom; that full and timely disclosure of campaign contributions aids voters in evaluating those who seek public office; and that recordkeeping, reporting, and disclosure requirements are an essential means of gathering the data necessary to detect violations of this chapter. Section 2. That Section 9:04.010 of the Aspen Municipal Code be and hereby is amended to read as follows: 9.04.010 Definitions. For the purpose of this chapter, the definitions set forth in the Act shall apply. In addition, the following definitions shall apply: Act. Act means the State of Colorado Fair Campaign Practices Act, 1-45-101, et seq., C.R.S., as now enacted or as it may from time to time be amended. Campaign treasurer. Campaign treasurer means the treasurer of any candidate committee, political committee, issue committee, or political party. If no campaign treasurer is identified, then the person responsible for filing contributions and expenditures reports pursuant to the Act shall be the campaign treasurer. 2 Election. Election means any municipal, general, primary, special or mn-off election held within the City of Aspen at which any issue is submitted to the electorate or a person or persons seek to be elected, to mn for, to fill, or to be recalled from, the office of mayor or council member of the city. Election includes any initiative, referendum, mn-off or recall election. Section 3. That Section 9.04.020 of the Aspen Municipal Code be and hereby is amended to read as follows: 9.04.020 Records of contributions and expenditures. The campaign treasurer, shall prepare, maintain, keep, and file, records of contributions and expenditures as requked by the Act. In the event that the provisions of this chapter are inconsistent with the provisions of the Act, the more stringent shall apply. Section 4. That Section 9.04.020 of the Aspen Municipal Code be and hereby is amended to read as follows: 9.04.030 Deadlines for and publication of contributions and expenditures. (a) No person shall accept any contribution (including contributions to a candidate from the candidate himself or from members of his immediate family) later than seven (7) days prior to any election. (b) Seven (7) days before an election, the campaign treasurer shall file with the City Clerk a report meeting the requirements of the Act. The filings shall be complete and final as of the date of filing. In the event that the campaign treasurer is unable, unwilling, or fails to file a report in accordance with this subsection, the candidate and all officers of the candidate, political, or issue committee, individually, shall be become responsible for filing the requisite report no less than seven (7) days before an election. (c) The City Clerk shall, four (4) days before any election, publish in any newspaper of general circulation within the City of Aspen, information concerning all contributions and expenditures received and made as contained in the reports filed pursuant to this Chapter and pursuant to the Act. The publication shall contain, at a minimum, total receipts, total expenditures and the name of each contributor and the amount of such contribution, all as contained in said reports. In addition, the reports shall be available for public inspection during business hours. (d) Nothing herein shall be deemed to supersede the reporting or disclosure requirements of the Act, but the requirements of the Act and this chapter shall be deemed cumulative. Section 5. That Section 9.04.060 of the Aspen Municipal Code be and hereby is mended to read as follows: 9.04.060 Limit on contributions by single donor. No person shall make, solicit or accept a contribution that will cause the total contributions by such person on behalf of any candidate or a political committee supporting or opposing the election of such candidate to exceed two hundred fifty dollars ($250.00) with respect to any single election. A nm-off election shall be considered a separate election. The intended recipient of any contributions that would cause the total amount of contributions to a candidate or committee from a single donor to exceed two hundred fifty dollars ($250.00) shall promptly, upon receipt thereof, transmit any such excess to the City Clerk for deposit in the general fund of the City of Aspen. Section 6. That Section 9.04.070 of the Aspen Municipal Code which section relates to excess contributions is hereby deleted. Section 7. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 8. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 4 A public hearing on the ordinance shall be held on the 12th day February, 2001, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 22nd day January 2001. ~C ~E. Richard~ ATTEST: " Katl~ya S.t~ch, City Clerk FINALLY adopted, passed and approved this 12th day of ..: . Richards, Kathryn $: K~/t[, Cit~ Clerk JPW-O2/14/Ol-S:\john\word\ords\election-cityord2.doc 5