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HomeMy WebLinkAboutordinance.council.043-95 l'lt.",' %. ,< I.', 1% "1l, ,.,It' * h' Ii '$" -- - ORDINANCE (Series NO. 43 of 1995) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF, ASPEN, COLORADO, TO AMEND ORDINANCE NO. 57 (SERIES OF 1989) WHICH ADOPTED CITY CAMPAIGN REFORM REGULATIONS; TO DELETE THE PROHIBITION AGAINST EXPENDITURES LATER THAN SEVEN DAYS PRIOR TO ANY ELECTION; TO MAKE A CANDIDATE FOR OFFICE AND THE OFFICERS OF A POLITICAL COMMITTEE RESPONSIBLE FOR FILING FINANCIAL REPORTS; TO REPEAL ORDINANCE NO. 6, SERIES OF 1974, RELATING TO PROCEDURES FOR RECALL ELECTIONS; TO AUTHORIZE EXCESS CONTRIBUTIONS TO BE REFUNDED TO CONTRIBUTORS; AND, TO CODIFY THE CAMPAIGN REFORM REGULATIONS BY THEIR INCLUSION AT CHAPTER 8, "ELECTIONS", OF THE ASPEN MUNICIPAL CODE. WHEREAS, the city Council adopted Ordinance No. 57 (Series of 1989) to impose more stringent campaign disclosure require- ments and campaign contributions limitations than the provisions of the Colorado campaign Reform Act of 1974; and WHEREAS, the City Council has determined through experience that the current prohibition against expenditures later than seven days prior to an election is impractical and the removal of such prohibition will not diminish the integrity of elections; and WHEREAS, the City Council desires to authorize Political Committees to refund excess contributions to contributors; and WHEREAS, the City council desires to place responsibility for filing campaign financial reports on the candidate and officers of Political Committees in the event that the Campaign Treasurer fails to do so; WHEREAS, Ordinance No. 57 (Series of 1989) was not codified in the Aspen Municipal Code upon its adoption; and t~a, y,. 0_""", 1\" '<z;~ ,a, '.. - -- WHEREAS, the city council desires to codify Ordinance No. 57 (Series of 1989) as amended herein, in the Aspen Municipal Code; and WHEREAS, the city council desires to repeal all current sections of Chapter 8 of the Aspen Municipal Code and Ordinance No.6, Series of 1974, as the Aspen City Charter or the Municipal Election Code supersedes these provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: section 1 Chapter 8 of the Aspen Municipal Code, entitled "Elections", shall be amended by the addition of sections 8.1 through 8.11, which sections shall read as follows: Sec. 8-1 Definitions. For the purpose of this Chapter, the following definitions shall apply: Campaiqn treasurer. "Campaign treasurer" means the treasur- er of any candidate or of any political committee. Candidate. "Candidate" means any person who seeks election to the office of Mayor or City councilman or councilwoman which is to be voted for at any general, primary or special election. A person is a candidate for election if he has publicly announced his intention to seek election to public office, has filed nominating petitions, has conducted a write-in campaign, is the subject of a recall election, has been chosen to fill any vacan- cy, has accepted a campaign contribution, who has made an expend- iture, or who has otherwise taken affirmative action demonstrat- ing to the public that he is seeking election to the City Council or as Mayor. A candidate also includes an incumbent who still has an unexpended balance of contributions or a debt or deficit or who receives contributions or contributions in kind. 2 I~,_', l%. '~- _I,',.,,' &. .~, e Consoiracv. A person conspires or commits or conspires to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such a crime. contribution. "Contribution" means a gift, loan, pledge, or advance of money or a guarantee of a loan made, directly or indirectly, to or for any candidate 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 transfer of any money between one political committee and another; a gift of money to or for any incumbent in public office from any other person, the purpose of which is to compensate him for his public service or to help defray his expenses incident thereto but which are not covered by official compensation; the payment of any money by any person, other than a political committee working on a candidate's behalf, for political services rendered to the candidate or political committee; any payment made to third parties at .the request of or with the prior knowledge of a candidate, political committee, or agent of either. "Contribution" includes contributions in kind, and independent expenditures, but does not include services provided without compensation by individuals volunteering their time on behalf of a candidate or political commi.ttee, or, unless stated otherwise, an expenditure by a candidate or his immediate family. Any transfer of money between political committees is an expenditure by the political committee which dispenses the money and is a contribution to the political committee which receives the money. contribution in kind. "Contribution in kind". means a gift or loan of any item of real or personal property, other than money, made, directly or indirectly, to or for any candidate 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 in kind" includes a gift or loan of any item of real or personal property, other than money, to or for any incumbent in public office from any other person, the purpose of which is to compensate him for his public service or to help him defray his expenses incident thereto but which are not covered by official compensation. Personal servic- es are a contribution in kind by the person paying compensation . therefor; volunteer services are not included. "Contribution in kind", unless stated otherwise, does not include contributions by a candidate or his immediate family, nor an endorsement of candidacy or issue by any person. In determining the value to be 3 1'_.,',',', \\', "< ~." -;1\< >>'-'" tJ:. , 'C placed on contributions in kind, a reasonable estimate of fair market value shall be used. Election. "Election" means any municipal, general, primary, or special 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 run for, or to fill, the office of Mayor or councilman or councilwoman of the city. "Election" includes any initiative, referendum or recall election. Expenditure. "Expenditure" means the payment, distribution, loan or advance of any money or contribution in kind by any candidate, political committee or agent of either for the purpose of influencing the passage or defeat of any issue or the nomina- tion, retention, election, or defeat of any candidate. "Expendi- ture" does not include services provided without compensation by any candidate or political committee, nor, unless stated other- wise, expenditures by a candidate or members of his immediately family. An expenditure occurs when the actual payment is made or when there is a contractual agreement and the amount is deter- mined. Independent expenditure. "Independent expenditure" is an expenditure made or employed on behalf of a candidate where such expenditures have been solicited by, or otherwise authorized by or consented to by a candidate or political committee, or with the approval, by arrangement with or in cooperation with a candidate or political committee, or have been expended or employed in a manner or amount directed, authorized (either expressly or by implication), or consented to by such candidate or committee. Issue. "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 officer as provided by law. Knowinqlv. A person acts "knowingly" with respect to conduct or to a circumstance described by this Chapter defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts "knowingly", with respect to a result of this conduct, when he is aware that his conduct is practically certain to cause the result. Person. "Person" means any natural person, partnership, corporation, association, firm, committee, clerk, governmental entity, or other organization or group of persons, however organized. 4 tA 4. ~a ~. '\,@,','.-., ~" '\", Political Committee. "Political 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 public office at any election or seek to influence the passage or defeat of any issue. "Pol- itical committee" includes any political party or committee thereof at any level or a political organization as defined in section 1-1-104, C.R.S. "political committee" also includes a separate political education or political action fund or commit- tee which is associated with an organization or association formed principally for some other purpose insofar as it makes contributions or contributions in kind or expenditures. Sec. 8-2. Records of contributions and Expenditures. All records of contributions and expenditures shall be made, filed and retained as required by the Colorado Campaign Reform Act of 1974, Sec. 1-45-101, et seq., C.R.S. as now enacted or as may hereinafter from time to time be amended. In the event the provisions of this Chapter are inconsistent with the provisions of the Act, the more s.tringent shall apply. Sec. 8-3. 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 7 days prior to any election. (b) Seven (7) days before an election, the campaign trea- surer shall file with the City Clerk a report meeting the requirements of section 1-45-108(4), C.R.S. 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 accor- dance with this subsection, the candidate and all officers of the political committee shall become re- sponsible for filing the requisite report no less than 7 days before an election. (c) The City Clerk shall, four days before any municipal general, primary or special 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 section 8-7(b) of this Code, 5 -- -- Ifa ~4_ and pursuant to section 1-45-105(1), C.R.S. The publi- cation 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 avail- able for public inspection during business hours. (d) Nothing herein shall be deemed to supersede the report- ing or disclosure requirements of the Colorado Campaign Reform Act, section 1-45-101, et seq., C.R.S., but the requirements of the Act and this Chapter shall be deemed cum~lative. Sec. 8-4 Anonvmous contributions. ., 'II' No person shall make, nor shall any campaign treasurer, candidate or political committee accept, any anonymous contribution to a candidate, committee, or anyone, for the purpose of influencing the election or defeat of any candi- date or the passage or defeat of any issue. The intended recipient of an anonymous contribution shall, promptly upon receipt of such contribution, transmit such contribution to the City Clerk for deposit in the general fund of the City of Aspen. Sec. 8-5 contributions on Behalf of Another. No person shall make a contribution on behalf of another, or while acting as the intermediary or agent of another, with- out disclosing to the recipient of the contribution the persons's, intermediary's, or agent's own full name and street address, and the name and street address of the actual contributor. Sec. 8-6 Limit on contributions bv SinqleDonor. No person shall make, solicit or accept a contribution which 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 One Hun- dred ($100.00) Dollars with respect to any single election. The intended recipient of any contribution which would cause the total amount of contributions to a candidate or commit- tee form a single donor to exceed One Hundred ($100.00) Dollars shall promptly, upon receipt thereof, transmit any such excess to the City Clerk for deposit in the general fund of the City of Aspen. fA \\. 6 .. '!II' --- -- Sec. 8-7 Excess contributions. contributions not expended on behalf of the candidate's campaign or on behalf of a political commi.ttee' s campaign seeking to influence the passage or defeat of any issue or for any other purpose permitted by the Campaign Reform Act, sections 1-45-101, et sea., C.R.S., or this Chapter, upon approval of the candidate or political committee, may be contributed to any entity authorized by section 1-45-117, C.R.S. Sec. 8-8 False Statements. No person shall knowingly make, publish or circulate or cause to be made, published or circulated, in any letter, circular, advertisement, or poster or in any other writing, or on radio or television any false statement designed to influence the vote on any issue or election or defeat of any candidate, nor conspire to do so. Sec. 8-9 Enforcement. (a) The City Attorney shall enforce all provisions of this Ordinance. ~, ~. (b) Notwithstanding the provisions of section 8-9(c), below, any person residing in the city of Aspen may sue for injunctive relief to enjoin violations or to compel compliance with this Chapter. (c) (d) fit' ' ,t '~ Any person residing in the city of Aspen may bring a civil action consistent with this Chapter, provided such person first files with the city Attorney a writ- ten request for the City Attorney to commence action. The request shall include a statement of grounds for believing a cause for action exists. The city Attorney shall respond within ten (10) days after receipt of the request indicating whether he intends to file a civil action. If the City Attorney indicates in the affirma- tive and files suit within thirty (30) days thereafter, no other action may be brought unless the action brought by the city Attorney is dismissed without prejudice. In the event any person residing within the City of Aspen shall bring a civil action for injunction or to otherwise enforce this Chapter, and such person shall prevail in such action, then he or she shall be awarded 7 '-' " <...,. a reasonable attorney's fee and costs of the action to be paid by the defendant. Sec. 8-10 Criminal penalties. (a) Any person who knowingly violates any provision of this Chapter is guilty of a misdemeanor and shall be pun- ished by a fine not exceeding Three Hundred ($300.00) Dollars or imprisonment for a period of not more than ninety (90) days or both such fine and imprisonment. (b) Any candidate who knowingly violates any provision of this Chapter shall, in addition to any other penalties provided for herein, be denied his or her right to take oath for the office to which he or she was elected, unless he or she has already taken said oath, in which event the office shall be deemed vacated and shall be filled as otherwise provided by law. Sec. 8-11 civil Penalties. (a) Any person who violates any of the reporting provisions of this Chapter shall be liable in any civil action initiated by the city Attorney or by a person residing within the city of Aspen for an amount not more than the amount or value not properly reported. ~,,' %" (b) (c) ~ \W' Notwithstanding the provisions of section 8-11(a), above, any person who makes or receives a contribution or expenditure in violation of this Chapter is liable in a civil action initiated by the City Attorney or by a person residing within the City of Aspen for an amount up to Five Hundred ($500.00) Dollars or three (3) times the amount of the unlawful contribution or expenditure, whichever is greater. In determining the amount of liability under sections 8-11(a) and (b), above, the court may take into account the seriousness of the violation and the culpability of the defendants. If a judgment is entered against a defendant or defendants in an action under the sections noted above, the plaintiffs, other than the city of Aspen, shall receive fifty percent (50%) of the amount recovered. The remaining fifty percent (50%) shall be deposited in the treasury of the city of Aspen. In an action initiated by the city Attorney, the entire amount record all be paid into the treasury of the city of Aspen. 8 &_' '"',,,'" o ~ 4t' '" '" ~.. (tf,.' * ~~ Section 2 Ordinance No. 6 (Series of 1974) is hereby repealed. Section 3 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4 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 5 A public hearing on the ordinance shall be held on the II day of ~~ , 1995, in the City Council Chambers, Aspen city Hall, Aspen, Colorado. 9 ~e',.,',",'" ' /& \); '. '. rY, . ',. ~~<,. 40_"", WJ t\ "'., INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~~ U7id--/ , 1995. day of ~ l5~- John S. Bennett, Mayor ATTEST: ~ Clerk FINALLY adopted, passed and approved this C::?~ day of _~) 1995. ~17~ John . Bennett, Mayor ATTEST: jw87.1 10 ..