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HomeMy WebLinkAboutPUBLIC NOTICE - 3/26/2015- GERRY HORAKCity of F;o-'rt Collins PUBLIC NOTICE City Attorney's Office 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6520 970.221.6327 fcgov.com Notice is hereby given that the City Council Ethics Review Board will meet on Thursday, March 26, 2015, at 4:30 p.m., in the City Attorney's Large Conference Room at City Hall, located at 300 Laporte Avenue, City Hall West, Fort Collins, Colorado. The purpose of the meeting will be to address the following issue: 1. A Complaint submitted by citizen, Michael Pruznick, under Section 2-569 (d)(1)(a) of the City Code concerning Councilmember Horak as it relates to an allegation that Councilmember Horak violated provisions of state law or the Charter or Code pertaining to ethical conduct. Specifically, Mr. Pruznick alleges a violation of the Colorado Fair Campaign Practices Act. Mr. Pruznick's complaint and materials are attached hereto as Exhibit "A". As the majority of Council may attend this meeting, the meeting is also being regarded as a meeting of the City Council for the purposes of this notice. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6505 (TDD 224-6001) for assistance. Fort Collins City Attorney Posted: March 23, 2015 (970) 221-6520 EXHIBIT Cary Alton11 A From: Wanda Nelson t Sent: Thursday, March 19, 2015 3:33 PM To: City Council Cc: Darin Atteberry; Jeff Mihelich; Carrie Daggett; Rita Knoll Subject: FW: Ethical Complaint Against Gerry Horak from 2015-03-17 council meeting Ethics Review Board: Pursuant to Section 2.569(d)(1) (included below), I am informing you of a complaint filed against Mayor Pro Tern Gerry Horak. The provision states that the complaint must be considered by the Board within ten working days. Carrie Daggett will provide details regarding the next steps. Complaints and inquiries shall be submitted to the Review Board only according to the following procedures: (1) Complaints. a. Any person who believes that a Councilmember or board and commission member has violated any provision of state law or the Charter or Code pertaining to ethical conduct may file a complaint with the City Clerk, who shall immediately notify the chairperson of the Review Board, the Councilmembers or board and commission members named in the complaint and the City Council. The complaint shall be promptly scheduled for consideration by the Review Board. No more than ten (10) working days after the date of filing of the complaint, the Review Board shall meet and consider the complaint. All Councilmembers or board and commission members named in the complaint, as well as the complainant, shall be given written notice of such meeting at least three (3) working days prior to the meeting. A notice of the complaint, including the identity of the complainant shall be posted along with the meeting notice. 11 7-1 Wanda Nelson, City Clerk City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 wnelson(@fceov.com rUITM-1p4*1i -----Original Message ----- From: mikepruz@gmail.com [mailto:mikepruz@gmail.coml Sent: Thursday, March 19, 2015 2:44 PM To: Wanda Nelson Subject: Ethical Complaint Against Gerry Horak from 2015-03-17 council meeting City Clerk, Per Sec. 2-569. - Board of ethics. (d)(1)(a) "Any person who believes that a Councilmember or board and commission member has violated any provision of state law or the Charter or Code pertaining to ethical conduct may file a complaint with the City Clerk" Complaint is attached as follows: 2015-03-17.gerry-horak.cfcpa-ethics.txt -- The text of the complaint. 2015-03-17.gerry-horak.cfcpa-ethics.jpg -- Screen shot of the facial expression referenced in the complaint. I'm not familiar with the new process, please let me know my role and responsibilities are. Thank you, Michael Pruznick, D3 Citizen 2015-03-17.gerry-horak.cfcpa-ethics.txt The Colorado Fair Campaign Practices Act prohibits local governments and their officials from using City money or resources to support a candidate's campaign. At the 2015-03-17 council meeting Gerry Horak appears to violate this on two occasions: 1H:28M:30S to 1H:28M:45S Gerry Horak said, "since this was really a political thing tonight I think it is important for folks to know that the two accusations against me were made by my opponent and his campaign manger." His demeaning facial expressions (attached) should also be taken into account. The Mayor is on the record saying the public cannot campaign during public comments. The only reference I can specifically find is a few years back from the 2012-04-18 Economic Board meeting minutes. "Mayor weitkunat commented that political campaigning at Boards and Commissions meetings was not appropriate." The candidates did their job by not campaigning and only bringing up facts from their viewpoint. Gerry made assumptions about their motives and used his public position to unfairly demean his competition. Gerry should have had his campaign manger in the room. His campaign manager could have used public comment to point out the political aspect. Gerry didn't have to bring up the political aspect in his official position, in view of the public, under color of authority of the Mayor Pro Tem. His comments with the City Attorney clearly explained his viewpoint. Bringing up the political aspect only served his political campaign and added nothing to the discussion of the issue. This is a clear violation of the law. 4H:41M:25s to 4H:41M:45S Gerry Horak said, "I only say this because my other occupation these days is walking door to door. so I've literally walked through the Avery Park neighborhood and most of the other neighborhoods that, uh, I mean I only have part of this. But the neighborhoods that in this plan, that are district six, I've walked nearly every door and I can tell you what they look like and we need to do something about this." Gerry could have simply said that he's lived in the area for years, has visited most neighborhoods during various time of the years, knows what they look like, knows something needs to be done, and that this west Central Plan is a good thing to do based on his extensive familiarly with the area. same, if not stronger message, without using his position of authority to campaign. This is clearly a political message attempting to let the people of these areas know how he is campaigning for them to encourage their vote. This is a clear violation of the law. 1H:10M:05S to 1H:10M:25s Michael Pruznick said, "Gerry and wade I'm going to pick on you tonight because you are the only two council members seeking re-election claiming you've done a great job serving this community. I would like to know how allowing rapes to happen and allowing rapists to roam free in our community is a great thing that deserves your re-election." Page 1 2015-03-17.gerry-horak.cfcpa-ethics.txt My statement was clearly political, but not campaigning, and yet neither Gerry nor wade responded. This clearly shows that Gerry was using his position to protect his campaign and not serve the people. why else would Gerry only go after his opponent and not candidates in other races? 4H:22M:55S to 4H:23M:15S Michael Pruznick said, "I would like to concluded by simply reminding you that serve at our pleasure and at the election we will fix the last vote and before that RECALL GINO. Anyone who would like to help me do that, my number is in the public record." No council member mentioned the political nor campaigning nature of this message. why was Gerry only concerned about his opponent, and not the general issue of campaigning politics during public comment? clearly, Gerry's action were focused on promoting his campaign while discrediting his competition. Neither Gerry nor council as a whole was worried about any other political motivation, campaign, or election race. Gerry violated The Colorado Fair campaign Practices Act acting in conflict of interest between his duty to serve now and his desire to get re-elected at any cost. ALSO: Please note that at the SOSH meeting on Monday, March 2nd, Gerry Horak, who was invited as D6 representative, also injected political campaigning into that meeting. Specifically targeting me. I disengaged by saying this is not about that," apologized, withdrew my question, and putting my head down. Gerry kept trying to engage me, but I held my ground. Gerry should know better than to inject candidacies into 501(c)3 meetings. Everyone else knew and obeyed the rules. I've been a member SOSH since early 2013. I was there in that capacity. Michael Pruznick, D3 citizen Page 2 01:28:43 / 04:54�� 2 9 Cit-izen Participabon Follow Up