Chapter 2.51
MUNICIPAL CAMPAIGN FINANCE
Sections:
2.51.020 Applicable law for campaign finance in town elections.
2.51.030 Third-party complaints.
2.51.010 Definitions.
For the purposes of this chapter the following terms, phrases, words, and their derivatives shall have the meanings given in this section:
“Article XXVIII” shall mean Article XXVIII of the Colorado Constitution, entitled Campaign and Political Finance, as amended from time to time.
“FCPA” shall mean the Fair Campaign Practices Act, C.R.S. Section 1-45-101 et seq., as amended from time to time.
“Town clerk” shall mean the town clerk of the town of Granby or that person’s designee.
“Town clerk’s designee” shall presumptively mean the Granby municipal court judge appointed pursuant to the Granby Municipal Code, or such other person as the town clerk may designate from time to time. [Ord. 940 § 1, 2020].
2.51.020 Applicable law for campaign finance in town elections.
Article XXVIII and the FCPA shall apply to and govern all town elections except to the extent that a direct and irreconcilable conflict with the provisions of this chapter exists, in which case the provisions of this chapter shall prevail. [Ord. 940 § 1, 2020].
2.51.030 Third-party complaints.
(a) Any person who believes a violation of Article XXVIII or the FCPA has occurred related to a town election may file a written complaint with the town clerk, who will promptly send the written complaint to the town clerk’s designee.
(b) Complaints must be filed no later than 30 calendar days after the complainant knew or should have known by the exercise of reasonable diligence of the alleged violation, but in any event no later than 60 days after the election is concluded.
(c) A written complaint filed with the town clerk shall include the following information:
(1) The name, address, email address, telephone number and signature of the complainant (if the complainant is represented by counsel, include the counsel’s name, address, email address, telephone number and signature).
(2) The name and, if known, the telephone number and address of the person alleged to have committed a violation (the “respondent”).
(3) The particulars of the violation and any available documentation or evidence supporting the allegation.
(d) If an incomplete complaint is received, the date on which the originally filed complaint was received is considered the filed date if a complete complaint is received within three business days of notification from the town clerk or the town clerk’s designee that the complaint was incomplete.
(e) If the town clerk’s designee determines that the complaint was not timely filed, has not specifically identified a violation of Article XXVIII or the FCPA, or that the complainant did not assert facts or provide information sufficient to support the alleged violations, the town clerk’s designee shall dismiss the complaint and notify the complainant and respondent of the reasons for dismissal. The town clerk’s designee’s dismissal is a final decision, and subject to review under Rule 106 of the Colorado Rules of Civil Procedure.
(f) If the complaint is not dismissed pursuant to subsection (e) of this section, the town clerk’s designee shall issue notice to the respondent by personal service, regular mail or electronic mail. The notice of violation shall:
(1) Cite the section or sections of Article XXVIII or the FCPA the person allegedly violated and a general description of the violation.
(2) Allow 10 business days for the correction of the violation or submission of a written statement explaining the reason that supports a conclusion that a violation was not committed.
(3) Set forth the applicable civil fine for each violation, except that no such fine shall be due or payable if the person cures the violation within 10 business days of the date of the notice of violation.
(4) Allow 14 business days for submission of a written request for an informal hearing before the town clerk’s designee.
(g) In the event the violation cannot be cured by complying with the reporting requirements in Article XXVIII or the FCPA, the person shall propose an alternative resolution to cure the violation to the town clerk’s designee. The town clerk’s designee shall have the discretion to accept, recommend an alternative, or decline the proposed alternative resolution. Acceptance of an alternative resolution by the town clerk’s designee is deemed to be a cure of the violation if made within 10 business days of the date of the notice of violation.
(h) If the respondent fails to cure or otherwise remedy the violation, the respondent shall within 14 days of the date of the notice of violation either pay the fine or contest the violation by submitting to the town clerk’s designee a written request for hearing.
(i) Upon timely receipt of a written request for a hearing, the town clerk’s designee shall hear and determine the complaint.
(j) An informal hearing shall be scheduled as soon as practicable but, unless an enlargement of time is granted, the hearing shall be held within 60 days of the receipt of the complaint by the town clerk’s designee. Upon written motion, the town clerk’s designee may grant the respondent a continuance upon a showing of good cause.
(k) Notice of the hearing and any applicable rules governing the hearing process shall be sent to the complainant and to the respondent, who shall also receive a copy of the entire complaint received by the town clerk’s designee within three business days of the date that the complaint was received by the town clerk’s designee.
(l) Upon the request of either party, the town clerk’s designee may issue administrative subpoenas requiring the personal attendance of witnesses or parties in relation to an alleged campaign finance violation, which shall be served on the party to whom it is directed by the requesting party pursuant to the Colorado Municipal Court Rules of Procedure. It shall be unlawful for a witness or party to fail to appear in person when directed by such subpoena, and a bench warrant may issue for the arrest of such person, pursuant to the Colorado Municipal Court Rules of Procedure, for such person’s failure to appear.
(m) At the hearing, the complainant and the respondent shall be allowed to be heard. The complainant shall have the burden of proving the alleged violation by a preponderance of the evidence.
(n) Following the hearing, the town clerk’s designee shall issue a decision within 14 business days. The decision may be issued orally at the conclusion of the hearing or may be issued in writing, at the discretion of the hearing officer.
(o) If the town clerk’s designee determines that a violation has occurred, the town clerk’s designee shall issue a decision that shall include any appropriate order, sanction or relief authorized hereunder and may include, without limitation, sanctions as follows:
(1) Civil penalties set forth in subsection (p) of this section; except the town clerk’s designee may increase or reduce the penalties upon a finding of good cause or excusable neglect based on evidence presented at the hearing.
(2) Ordering disclosure of the source and amount of any undisclosed contributions or expenditures.
(3) Ordering the return to the donor of any contribution made which was the subject of the violation.
(p) Civil fines for violations of Article XXVIII or the FCPA are set forth below. Candidates shall be personally liable for fines imposed against the candidate’s committee. Civil fines imposed by this section are established by Article XXVIII or the FCPA as follows:
(1) Failure to file a report required by Article XXVIII or the FCPA, other than independent expenditures, if not cured within 10 business days of notice of violation issued by the town clerk’s designee: $400.00.
(2) Failure to file a report for independent expenditures: $200.00.
(3) After notification by the town clerk’s designee, failure to cure a report/violation within the specified time period: $499.00.
(4) Accepting a contribution prohibited by Article XXVIII or the FCPA: $400.00; except that it shall not be considered a violation if the contribution is returned within 72 hours of its receipt. Each prohibited contribution accepted shall be a separate violation.
(5) Acting as a conduit in violation of Article XXVIII or the FCPA: $400.00 for each violation.
(6) Failing to disclose a contribution or expenditure, including obligations entered into by the committee: $100.00 for each violation.
(7) Failure to timely file a candidate affidavit: $100.00.
(8) Failure to file a candidate committee, political committee or issue committee statement of registration: $100.00.
(9) Failure to deposit funds in a separate account in a financial institution: $100.00.
(10) Accepting coin or currency in excess of the limits set by Article XXVIII or the FCPA: $50.00 for each violation.
(11) Use of unexpended campaign funds in violation of Article XXVIII or the FCPA: $400.00.
(12) Encouraging withdrawal from a campaign: $499.00.
(13) Any violation of Article XXVIII or the FCPA not otherwise set forth herein: $100.00 per violation.
(q) If the fine is not paid when due or upon entry of a civil judgment by the town clerk’s designee, the town may commence procedures to collect the fine, including commencement of a civil action to collect the fine. A person found to be in violation of this section shall be responsible for all costs of collection, including reasonable attorney’s fees.
(r) All decisions by the town clerk’s designee shall be final subject only to judicial review pursuant to Rule 106 of the Colorado Rules of Civil Procedure. [Ord. 940 § 1, 2020].
2.51.040 Enforcement by town clerk’s designee.
If the town clerk’s designee believes that a violation of the FCPA or Article XXVIII has occurred, the town clerk’s designee may commence enforcement proceedings in accordance with the procedures set forth in this code. In no event shall the enforcement include a possibility of incarceration. [Ord. 940 § 1, 2020].
2.51.050 Rules and regulations.
The town clerk’s designee is authorized to adopt such rules and regulations consistent with the provisions hereof as may be required to implement this chapter. [Ord. 940 § 1, 2020].