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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2001 - SECOND READING OF ORDINANCE NO. 148, 2001, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 7 FORT COLLINS CITY COUNCIL DATE: November 6, 2001 STAFF: Wanda Krajicek SUBJECT: Second Reading of Ordinance No. 148, 2001, Amending Chapter 7 of the City Code Relating to Election Campaigns. RECOMMENDATION: Staff and the Council Governance Committee recommend adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: This Ordinance, which was unanimously adopted on First Reading on October 16, 2001, amends Article V of Chapter 7 of the City Code relating to campaign practices in local elections. The majority of the changes proposed are intended to provide clarification of existing provisions. AGENDA ITEM SUMMARY ITEM NUMBER: 11 FORT COLLINS CITY COUNCIL DATE: October 16, 2001STAFF: Wanda Krajicek SUBJECT: First Reading of Ordinance No. 148, 2001, Amending Chapter 7 of the City Code Relating to Election Campaigns. RECOMMENDATION: Staff and the Council Governance Committee recommend adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: This Ordinance amends Article V of Chapter 7 of fhe City Code'relating to campaign practices in local elections. The majority of the changes proposed are'intended to provide clarification of existing provisions. ACKGROUND: In November 2000, City Council adopted Ordinance No. 162, 2000 establishing local provisions regulating election campaigns, which provisions supersede the provisions of the Fair Campaign Practices Act(FCPA) contained in Article 45 of Title 1 of the Colorado Revised Statutes, with the exception of Section 1-45-117 pertaining to limitations on contributions by state and political subdivisions. Inasmuch as practical, the local provisions very closely follow the provisions of the FCPA. The enactment of local provisions has embodied regulations pertaining to election campaigns in a single>set of laws, thereby eliminating confusion caused by the need to be familiar with the requirements of both the FCPA and the City Code. In addition, the enactment of local provisions allows;the Council to make amendments as deemed necessary to ensure that local election campat�ps` re free from undtfi' influence and that full and timely disclosure of campaign contrtbui[' a ex pendituresoccurs. At the time of adoption of the local provisions, it was anticipated thAintendments'to the provisions would be identified as the local provisions were put into use. The local provisions enacted in 2000 were applied for the first time during the April 2001 election. As staff received questions from candidates, issue committees, and the public, notes were made of issues that should be reviewed and perhaps amended for purposes of clarification. DATE: October 16, 2001 2 ITEM NUMBER: 11 Following is a summary of the proposed amendments: • Amends definition of "ballot issue, ballot question, or issue" to include any measure for which recall, initiative or referendum proceedings have been commenced. • Amends definition of"candidate"to include an elected official who is the subject of recall proceedings. • Amends definition of"independent expenditure"to include advocating the recall , _. „ of a candidate as a purpose for making an independent expenditure. • Amends definition of"political committee"to exclude any partnership,committee, association, corporation, labor organization or other, organization or,group of persons that was previously established for a primary purpose outside of the scope of elections. • Deletes provision that establishes separate " . requirements for a poll hil- committee whose purpose is the recall ofany 'official. • Adds a provision regulating joint contributions that exceed the contribution limit for a single person. • Clarifies that unexpended campaign contributions returned to contributors are not considered reimbursements Nbch are prohibited • Clarifies that disclosure reports may be filed by fax,provided that the original copy of the report is filed no later than the close of business on the next business day. • Adds a provision requiring any committee which has not accepted any contributions or contributions in kind, made any expenditures, or entered into any obligations to filexeports on specific dates certifying those facts. • Makes other minor amendments clarifying the application of certain provisions during a recall election. t Govenu""ce Committee Review On Octo 001,the Governanc c Committee reviewed a draft of this Ordinance and recommended a change to t ,Sion relating, oint contributions. Specifically,the Committee asked that language be added that wtttlld" llgw a joint contribution if the check is signed by all parties to the joint contribution. With that change, @te-Co I ee unanimously recommended adoption of the Ordinance. In addition, the Committee emphasized that Council and staff continue to monitor complaints and to address concerns and issues raised by citizens regarding fair campaign practices and, because this is an off-election year, the Council will probably not address any additional issues until after the April 2001 election. The minutes of the Governance Committee meeting are attached.