HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2004 - RESOLUTION 2004-135 ADOPTING VOLUNTARY GUIDELINES ITEM NUMBER: 39
AGENDA ITEM SUMMARY DATE: November 16, 2004
FORT COLLINS CITY COUNCIL STAFF: Steve Roy
SUBJECT
Resolution 2004-135 Adopting Voluntary Guidelines for Incumbent Councilmembers Who Are
Candidates for Elective Offices.
EXECUTIVE SUMMARY
This Resolution would establish guidelines for incumbent Councilmembers who decide to run for
re-election or for another elective office. The guidelines would address the extent to which
Councilmembers should participate in activities that might be construed as furthering their
campaigns.
BACKGROUND
Under the City Charter, it is permissible for Councilmembers, including the Mayor, to continue to
hold their offices while seeking other elective offices. Article 11, Section 18 of the Charter merely
states that assuming another elective office creates a vacancy in the office of the Councilmember or
Mayor. Thus, Fort Collins is not among those jurisdictions that have a"resign to run"rule.
At a study session on July 27,2004,Council directed the City Attorney to meet with Mayor Martinez
and Councilmembers Kastein and Tharp to draft proposed guidelines to assist Councilmembers in
ensuring maximum separation of private campaign activities from official duties when they choose
to run for another elective office during their terms as Councilmembers. This Resolution contains
the guidelines that emerged from that meeting.
With regard to a Councilmember's use of City equipment for campaign activities,the Colorado Fair
Campaign Practices Act ("FCPA") already prohibits the City from making any"contribution" to a
candidate's political campaign. Thus,the first guideline in the Resolution reiterates the principle that
no City funds should be expended in support of individual campaign activities.
The more difficult question discussed by the ad hoc Council committee was how to separate the
campaign statements and activities of incumbents who are running for higher office from the
performance of their official duties as Councilmembers.
November 16, 2004 -2- Item No. 39
On this point, the second guideline indicates that during the 45-day period immediately preceding
an election, Councilmembers seeking elective office should not:
a. appear on City-funded television programming unless that Councilmember
routinely appears on the program in question in connection with his or her
official duties; and
b. participate in City-sponsored citizen outreach activities such as a "stop and
chat" or seek City reimbursement for expenses incurred by the
Councilmember that are related to public appearances or outreach activities
other than those events or activities to which all Councilmembers have been
invited in their official capacity.
RESOLUTION 2004-135
ADOPTING VOLUNTARY GUIDELINES FOR INCUMBENT
COUNCILMEMBERS WHO ARE CANDIDATES FOR ELECTIVE OFFICES
WHEREAS, under the City Charter, incumbent Councilmembers are free to run for re-
election as Councilmembers or for other elective offices; and
WHEREAS,it is important that such Councilmembers avoid any appearance that City funds
or other resources have been used to promote their campaigns for such offices; and
WHEREAS,the Colorado Fair Campaign Practices Act(the "Act")prohibits any officer or
employee of the City from expending City funds to make any"contribution"in campaigns involving
the nomination, retention or election of any person to any public office; and
WHEREAS, the City Council believes that it would be in the best interests of the City to
adopt additional, voluntary guidelines to assist incumbent Councilmembers who are running for
elective office in ensuring that the way in which they carry out their duties as Councilmembers does
not create the appearance that City funds or other resources are being used to further their campaign
activities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that any Councilmember, including the Mayor, who chooses to run for election to any
public office, without resigning his or her office as Councilmember or Mayor, is hereby strongly
encouraged to abide by the following voluntary guidelines in carrying out his or her official duties
prior to the date of the election at which he or she is a candidate (the "Election"):
1. City equipment, including but not limited to City vehicles, cell phones,
computers, stationery and other City-funded materials, goods and supplies,
should not be used for the purpose of campaign advertising or campaign
outreach activities. Such activities should be conducted solely through the
use of personal materials and supplies.
2. During the forty-five day period immediately preceding the Election, such
Councilmember should not:
a. appear on City-funded TV programming unless that Councilmember
routinely appears on the program in question in connection with his
or her official duties;
b. participate in City-sponsored citizen outreach activities such as a
"stop and chat"or seek City reimbursement for expenses incurred by
the Councilmember that are related to public appearances or outreach
activities other than those events or activities to which all
Councilmembers have been invited in their official capacity.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
16th day of November, A.D. 2004.
Mayor
ATTEST:
City Clerk