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."
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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
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Cit-izen Participabon Follow Up