HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/19/2000 - FIRST READING OF ORDINANCE NO. 189, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 25
DATE: December 19, 2000
FORT COLLINS CITY COUNCIL FROM
• Krajicek/Roy
SUBJECT:
First Reading of Ordinance No. 189,2000,Amending the City Code Relating to Election Campaign
Disclosures and Reporting Requirements.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
This Ordinance amends Article V of Chapter 7 of the City Code relating to campaign practices in
local elections. Specifically, the Ordinance provides that the limitations on contributions and
contributions in kind to a candidate committee imposed by Section 7-135(a)of the City Code do not
apply to contributions transferred to a candidate committee by a candidate committee established by
Is the same candidate for the office of Mayor or Councilmember in a previous election. In addition,
the Ordinance clarifies that all candidate committees, political committees, and issue committees,
must report their contributions in kind, as well monetary contributions.
ACKGROUND:
On November 21, the 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 campaigns
are free from undue influence and that full and timely disclosure of campaign contributions and
expenditures occurs.
Section 1 of the Ordinance exempts contributions transferred to a candidate committee by a
candidate committee of the same candidate for the office of Mayor or Councilmember from the
contributions limits imposed in Section 7-135(a) of the City Code. This means that if a candidate
(whether elected or unsuccessful in his or her bid for the office of Mayor or Councilmember) has
DATE: December 19, 2000 2 ITEM NUMBER: 25
unexpended funds remaining after the election, he or she may roll those remaining funds over to a
subsequent candidate committee in a future election, without that contribution being subject to the
$75 limit on contributions to candidates for Councilmember and $100 limit on contributions to
candidates for the office of Mayor. It is important to note that the contributions initially received by
the candidate in his or her first bid for office are subject to the limitations.
Section 2 of the Ordinance simply clarifies that all candidate committees,political committees, and
issue committees, must report their contributions in kind,as well monetary contributions, and must
itemize any contributions in kind in excess of$20.
ORDINANCE NO. 189, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 7-136 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO ELECTION CAMPAIGN DISCLOSURES
AND REPORTING REQUIREMENTS
WHEREAS,in 1996,the voters of the state of Colorado approved an initiative enacting the
Fair Campaign Practices Act(the"FCPA")to help ensure that elections in the state,and the political
processes related thereto,are free from undue influence by wealthy contributors and special interest
groups; and
WHEREAS, the City Council agrees that the interests of the public are best served by
limiting campaign contributions, full and timely disclosure of campaign contributions and strong
enforcement of campaign laws; and
WHEREAS, the Council believes that these interests can best be advanced with regard to
local elections by local laws regulating the campaign activities related to such elections; and
WHEREAS,on November 21,2000,the City Council adopted on second reading Ordinance
No. 162, 2000, which approved a new Article V of Chapter 7 of the City Code establishing local
election campaign provisions, which provisions supersede the provisions of the FCPA; and
. WHEREAS,Article V of Chapter 7 of the City Code permits contributions and contributions
in kind to be made by a candidate committee to another candidate committee of the same candidate
if the contributing committee was established in connection with the candidate's bid for election to
the office of Mayor or Councilmember; and
WHEREAS, the initial contributions or contributions in kind made by individual persons
to the contributing committee are subject to the limits imposed by Section 7-l35(a)of the City Code
and, therefore, such contributions or contributions in kind need not be subject to those limitations
when transferred to another candidate committee of the same candidate; and
WHEREAS, while the FCPA and said Article V of Chapter 7 of the City Code require all
candidate committees, political committees, issue committees and political parties to report
contributions received, expenditures made, and obligations entered into by the committee or party,
neither requires the reporting of contributions in kind; and
WHEREAS,the Council believes that the interests of the public are best served by requiring
the reporting of contributions in kind.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 7-135(a) of the Code of the City of Fort Collins be amended to
read as follows:
See.7-135. Campaign contributions.
(a) No person may make contributions and/or contributions in kind totaling
more than one hundred dollars ($100.)to the candidate committee of any candidate
for the office of mayor. No person may make contributions and/or contributions in
kind totaling more than seventy-five dollars($75.)to the candidate committee of any
candidate for the office of councilmember. No person shall make a contribution or
contribution in kind in the name of another person or knowingly permit one's name
to be used by another person to effect such a contribution or contribution in kind.
These limitations shall apply to all contributions or contributions in kind, whether
made directly to a candidate committee or indirectly via earmarked gifts passed
through an intermediary, except that these limitations shall not apply to:
(1) Contributions or contributions in kind made by a candidate to his or her
own candidate committee;
(2) Independent expenditures; or
(3) Monetary loans that are: (a) personally guaranteed in writing by the
candidate, the candidate's immediate family or a business entity in which
the candidate owns at least five (5) percent; or (b) secured by real or
personal property owned by the candidate,the candidate's immediate family
or a business entity in which the candidate owns at least five(5)percent;or
(4) Coiifbtttiotr m ide„to.,a candidate ed 'ttee` id��
comtnrtree established`liy the.wine candic�a`Fe�UY' tfie ee o c�fr
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councilmember.
Section 2. That Section 7-136(a) of the Code of the City of Fort Collins be amended to
read as follows:
See. 7-136. Disclosure; riling of reports.
(a) All candidate committees,political committees,and issue committees shall
report to the City Clerk their contributions and contributions in kind received,
including the name and address of each person who has contributed made
contributions or contributions in kind in the amount of twenty dollars($20.)or more;
expenditures made; and obligations entered into by the committee.
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Introduced and considered favorably on first reading and ordered published this 19th day of
December, A.D. 2000, and to be presented for final passage on the 2nd day of January, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of January, A.D. 2001.
Mayor
ATTEST:
City Clerk
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