HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/17/2017 - SECOND READING OF ORDINANCE NO. 005, 2017, AMENDINAgenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY January 17, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Second Reading of Ordinance No. 005, 2017, Amending Chapter 7 of the Code of the City of Fort Collins to
Amend Requirements and Procedures for City Elections.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on January 3, 2017, adopts changes to Chapter 7 of
the City Code as recommended by the ad hoc Council Committee and the City Clerk.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
At the January 3, 2017 Regular Meeting during First Reading of Ordinance No. 005, 2017, concern was
expressed about the cost to provide copies of contribution/expenditure or independent expenditure receipts in
the event of a complaint (as outlined in Sec.7-135 and Sec. 7-139). Our current Code requires receipts to be
kept for 90 days. The proposed amendment changes that requirement to one year. Therefore, the
requirement to produce copies of receipts related to contributions or expenditures has not changed; only the
length of time to keep these receipts will change. The cost of preserving records for the additional period of
time is not expected to be significant.
If Council so directs, staff will explore this concern further with the Election Code Committee. One possible
solution is to permit the use of unexpended campaign contributions to pay for required recordkeeping and
responding to requests for records. A similar amendment was made last year to permit the use of such funds
for the cost of recount.
ATTACHMENTS
1. First Reading Agenda Item Summary, January 3, 2017 (w/o attachments) (PDF)
2. Ordinance No. 005, 2017 (PDF)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Wanda Winkelmann, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Items Relating to City Elections.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 005, 2017, Amending Chapter 7 of the Code of the City of Fort Collins to
Amend Requirements and Procedures for City Elections.
B. Resolution 2017-004 Establishing a Council Election Code Committee and Appointing its Members.
The purpose of this item is to adopt changes to Chapter 7 of the City Code as recommended by the ad hoc
Council Committee and the City Clerk and to create a Council Election Code Committee.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading and the Resolution.
BACKGROUND / DISCUSSION
Through Resolution 2015-092, City Council appointed three Councilmembers (Ross Cunniff, Bob Overbeck,
and Kristin Stephens) to an ad hoc committee to review, discuss, and recommend the most beneficial changes
to Chapter 7 of the City Code and Article VIII of the Charter regarding elections. As a result of the committee’s
work, Ordinance No. 021, 2016 was adopted by Council in February 2016 that amended Chapter 7 related to
election workers, recount, protests, filing of reports, campaign contributions, notice of election, order of items
on the ballot, qualification of ballots, rejected ballots, and election results. Most recently, the committee met
three additional times (July 18, September 14, and November 10) to review certain amendments.
A Work Session was held on December 13 to review the Committee’s recommendations, and Council was
supportive of the Committee’s recommendations below.
Recommended Election Code Amendments
Proposed Amendment/Clarification Corresponding
Section #’s
1. Require signature verification beginning with the April 2019 election (if the
Charter Amendment passes related to the Canvass Date, staff will bring this
forward in May 2017)
7-190, 7-191, 7-192
2. Add expenditure recordkeeping requirements for campaign committees and
independent expenditures
7-135, 7-139
3. Clarify when the City Clerk recommends amending the District-Precinct
map
7-71, 7-87
ATTACHMENT 1
Agenda Item 11
Item # 11 Page 2
4. Clarify the process for addressing election complaints 7-20, 7-145 through
7-150
5. Amend the Code to address small-scale issue committees 7-132, 7-136
6. Change the Election Code Committee from ad hoc to standing N/A
CITY FINANCIAL IMPACTS
If signature verification is conducted (beginning with the April 2019 election), staff anticipates the cost for the
required hardware and software will be $75,000.
PUBLIC OUTREACH
Attending the Election Code Committee meetings were members of the League of Women Voters, the
Chamber of Commerce, and several citizens.
ATTACHMENTS
1. Election Complaint Form (PDF)
2. December 13, 2016 Work Session Summary (PDF)
3. Powerpoint presentation (PDF)
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ORDINANCE NO. 005, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS
TO AMEND REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS
WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for
redistricting of Council districts, for the conduct City elections, for disclosure of campaign
finance information, and other related matters; and
WHEREAS, in 2015 the City Council formed an ad hoc committee, including
Councilmembers Cunniff, Overbeck and Stephens, to review, discuss and recommend the most
beneficial changes to the Code and City Charter regarding elections and other related matters;
and
WHEREAS, as a result of the committee’s work, Ordinance No. 021, 2016, was
considered and adopted by the Council to update various provisions of Chapter 7; and
WHEREAS, the committee continued to meet during summer and fall 2016, and has
recommended addition clarifications and amendments to Chapter 7 and to the City Charter; and
WHEREAS, on December 13, 2016, the City Council considered the recommendations
of the committee at a work session; and
WHEREAS, the Council desires to enact the recommendations of the committee in order
to clarify and improve the various provisions of Chapter 7, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 7-20 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-20. Duties of City Clerk.
The City Clerk shall:
. . .
(4) Report complaints received regarding alleged violations of Article V to the City
Manager.
. . .
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Section 3. That Section 7-71 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-71. Precinct map/amendment.
(a) The boundaries of the election precincts as herein created in the City are hereby
fixed and established as shown on the map entitled "District-Precinct Map," which map is
on file in the office of the City Clerk.
(b) Upon notice by Larimer County that its precinct boundaries have been amended,
the City Clerk shall review precinct boundaries and recommend to City Council any
precinct boundary changes to ensure they match Larimer County’s precincts.
Section 4. That Section 7-87 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-87. Redistricting; notice.
. . .
(c) Not less than once every six (6) years after making the determination required
under Subsection (b) above, the City Clerk shall again review the district boundaries to
determine whether the maximum deviation between the most populous and the least
populous district meets the standard described in Subsection (b) above. If the standard in
Subsection (b) above is not met, the City Clerk shall recommend to the City Council any
district boundary changes necessary to ensure that the districts conform to such standard.
(d) The need to amend precinct boundaries pursuant to § 7-71(b) shall automatically
cause the City Clerk to review current population deviations, regardless of how long it
has been since the last review. If the deviation is found to exceed ten (10) percent, the
City Clerk shall recommend that the City Council make boundary adjustments, and
present the Council with possible redistricting options that to the maximum extent
possible equalize the population in each district, subject to the requirements for
contiguity and compactness set forth in Article II, Section 1(c) of the Charter, with a
maximum permissible deviation of ten (10) percent between the most populous and least
populous district.
(e) Any changes to district boundaries shall be established by ordinance no less than one
hundred eighty (180) days before a regular municipal election.
Section 5. That Section 7-132 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-132. Definitions.
…
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Issue committee shall not include political committees, small-scale issue committees, or
candidate committees as otherwise defined in this Section.
…
Small-scale issue committee means a committee otherwise meeting the definition of issue
committee that has accepted or made contributions or expenditures in an amount that does
not exceed five thousand dollars ($5,000.) during an applicable election cycle for the
major purpose of supporting or opposing any ballot issue or ballot question.
The following are each treated as single small-scale issue committees:
a. All small-scale issue committees that support or oppose a common ballot
measure if the committees are established, financed, or controlled by a single
corporation or its subsidiaries;
b. All small-scale issue committees that support or oppose a common ballot
measure if the committees are established, financed, maintained, or controlled by
a single labor organization or the affiliated local units it directs; and
c. All small-scale issue committees that support or oppose a common ballot
measure if the committees are established, financed, maintained, or controlled by
substantially the same person, group of persons, or other organizations.
. . .
Section 6. That Section 7-135(f) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-135. Campaign contributions/expenditures.
. . .
(f) Recordkeeping.
(1) All contributions received by a candidate committee, small-scale issue committee,
issue committee or political committee shall be documented and deposited and
maintained in a financial institution in a separate account whose title shall include the
name of the committee. All records pertaining to contributions and related accounts shall
be maintained by the committee for one (1) year following any election in which the
committee received contributions unless a complaint has been filed under Subsection 7-
145(a) alleging a violation of the provisions of this Article, or the person or committee
has received notice of an investigation or prosecution of a violation of this Article by the
City or other law enforcement authority, in which case they shall be maintained until
final disposition of the complaint and any consequent court proceedings. Such records
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shall be subject to inspection in connection with any investigation or other action to
enforce the terms of this Article.
(2) All expenditures shall be documented and all records pertaining to said
expenditures, including but not limited to invoices, receipts, and instruments of payment,
shall be maintained by the committee for one year following any election in which the
committee expended the funds unless a complaint has been filed under Subsection 7-
145(a) alleging a violation of the provisions of this Article, or the person or committee
has received notice of an investigation or prosecution of a violation of this Article by the
City or other law enforcement authority, in which case they shall be maintained until
final disposition of the complaint and any consequent court proceedings. Documentation
shall include the name and address of the vendor(s) or payee(s) providing the property,
materials, or services and the amount of the expenditure. Such records shall be made
available within three (3) business days upon request of the City and subject to inspection
in connection with any investigation or other action to enforce the terms of this Article.
. . .
Section 7. That Section 7-139 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-139. Independent expenditures.
Any person or political committee making independent expenditures totaling more than
one hundred dollars ($100.) shall deliver notice in writing of such independent
expenditures to the City Clerk no later than three (3) business days after the day that such
funds are obligated. Said notice shall include the following information:
(1) The name, address and telephone number of the person making the independent
expenditures;
(2) The name of the candidate whom the independent expenditures are intended to
support or oppose;
(3) The name and address of the vendor(s) providing the property, materials or
services;
(4) A detailed description of the independent expenditures sufficient to allow for
determination of compliance with this section;
(5) The amount of the independent expenditures;
(6) The date the funds were obligated. ; and
(7) Copies of receipts, invoices, or other documentation related to the independent
expenditure.
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For the purposes of this provision, funds shall be considered to have been obligated as
soon as an agreement is reached for the provision of the property, materials or services in
question, regardless of when payment is to be made for such property or services. All
independent expenditures shall be documented and all records pertaining to independent
expenditures, including but not limited to invoices, receipts, and instruments of payment
shall be maintained for one (1) year following any election in which the funds were
expended unless a complaint has been filed under Subsection 7-145(a) alleging a
violation of the provisions of this Article, or the person or committee has received notice
of an investigation or prosecution of a violation of this Article by the City or other law
enforcement authority, in which case they shall be maintained until final disposition of
the complaint and any consequent court proceedings. Such records shall be made
available within three (3) business days upon request of the City and subject to inspection
in connection with any hearing held pursuant to this Article.
Section 8. That Section 7-136 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-136. Disclosure; filing 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 made contributions or contributions in kind in
the amount of twenty dollars ($20.) or more; expenditures made; and obligations entered
into by the committee.
(b) For purposes of complying with the requirements of this Section, an issue
committee consisting of an organization whose primary purpose is not to support or
oppose ballot issues shall report only those contributions accepted, expenditures made
and obligations entered into for the purpose of supporting or opposing a ballot issue or
ballot question. Such issue committee shall not be required to report donations,
membership dues or any other payments received unless such amounts are used or to be
used for the purpose of supporting or opposing a ballot issue or ballot question.
(c) Reports shall be filed with the City Clerk on the twenty-first day, fourteenth day,
and no later than noon on the Friday before the election, thirty (30) days after the
election, and annually on the first day of the month in which the anniversary of the
election occurs until such time as a termination report is filed. If the reporting day falls on
a weekend or legal holiday, the report shall be filed by the close of the next business day.
(d) The reports required by this Section shall include the balance of funds at the
beginning of the reporting period, the total of contributions received, the total of
expenditures made during the reporting period and the name and address of the financial
institution used by the committee or party.
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(e) All reports shall be submitted on forms provided by the City Clerk and shall be
complete in all respects. Reports shall be current in all respects as of two (2) days prior to
the date upon which each such report is to be filed.
(f) A report required to be filed by this Article is timely if the paper report is received
by the City Clerk not later than the close of business on the date due or if the report is
filed electronically not later than midnight Mountain Standard Time on the date due.
(g) Any report that is deemed by the City Clerk to be incomplete or inconsistent with
the requirements of this Article shall be accepted on a conditional basis, and the
committee treasurer shall be notified in writing as to any deficiencies found. Such notice
may be delivered in person, by mail, by fax, or, if an electronic mail address is on file
with the City Clerk, by electronic mail. The committee treasurer shall have seven (7)
business days from the date of delivery of such notice to file an amended report that cures
the deficiencies. Any such amended report shall supersede the original report filed for the
reporting period.
(h) Any candidate committee, political committee or issue committee which has not
accepted any contributions or contributions in kind, made any expenditures, or entered
into any obligations during a reporting period, shall file a report with the City Clerk on
the days specified in Subparagraph (c) above certifying that the committee has not
accepted any contributions or contributions in kind, made any expenditures or entered
into any obligations during the relevant reporting period.
(i) Except as specified in this Subparagraph (i), the disclosure requirements specified
in this Article shall not apply to a small-scale issue committee. Any small-scale issue
committee shall disclose or file reports about the contributions or expenditures it has
made or received or otherwise register as an issue committee in connection with
accepting or making such contributions or expenditures in accordance with the following
alternative requirements:
(1) Any small-scale issue committee that accepts or makes contributions or
expenditures in an aggregate amount during any applicable election cycle that
does not exceed two hundred dollars ($200.) is not required to disclose or file
reports about the contributions or expenditures it has made or received or
otherwise register as an issue committee in connection with accepting or making
such contributions or expenditures.
(2) Any small-scale issue committee that accepts or makes contributions or
expenditures in an aggregate amount during any applicable election cycle of
between two hundred dollars ($200.) and five thousand dollars ($5,000.) shall
register with the City Clerk within ten (10) business days of the date on which the
aggregate amount of contributions or expenditures exceeds two hundred dollars
($200.). The registration required by this subparagraph must include a statement
listing:
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a. The committee’s full name, spelling out any acronyms used in the
name;
b. The name of a natural person authorized to act as a registered agent
of the committee;
c. A street address for the principal place of business of the
committee;
d. The purpose or nature of interest of the committee; and
(e) The name of the financial institution in which all contributions
received by the committee are deposited in a separate account bearing the
name of the committee.
(j) Except as required by Subsection 7-135(f)(2), no small-scale issue committee
described in subsection (i)(2) is required under this Article to disclose or report any
contributions or expenditures it has made or received, so long as it continues to meet the
definition of small-scale issue committee.
(k) Within seven (7) days of the date on which a small-scale issue committee accepts
or makes contributions or expenditures in an aggregate amount during any applicable
election cycle that exceeds five thousand dollars ($5,000.), the committee shall:
(1) through its registered agent, report this change in the committee’s status to
the City Clerk; and
(2) report to the City Clerk on an approved form, for each particular
contribution or expenditure accepted or made, the name and address of each
person who has made such contribution and the amount of each specific
contribution and expenditure accepted or made by the committee.
(l) Once any issue committee that began as a small-scale issue committee accepts or
makes contributions or expenditures in an aggregate amount during any applicable
election cycle that exceeds five thousand dollars ($5,000.), the committee shall from that
point forward make disclosure of any contributions or expenditures it accepts or makes
not already reported under Subparagraph (k) and comply with all requirements under this
Article applicable to issue committees.
Section 9. That Article V of Chapter 7 of the Code of the City of Fort Collins is
hereby amended by the addition of a new Division 2, which reads in its entirety as follows:
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ARTICLE V. CAMPAIGNS
Division 2
Campaign Violations
Sec. 7-145. Allegation of campaign violation.
(a) Any candidate or registered elector of the City (“complainant”) who has reason
to believe a violation of Chapter 7, Article V, of this Code, has occurred by any
candidate, candidate committee, issue committee, small-scale issue committee or
political committee may file a written complaint to the City Clerk, no later than sixty
(60) days after the alleged violation has occurred.
(b) The complaint must contain:
1. The name of the alleged violator;
2. The Code provision allegedly violated;
3. A brief statement or description of the offense allegedly committed and
the basis for the allegation;
4. Identification of any relevant documents or other evidence;
5. Identification of any witnesses or persons with relevant knowledge; and
6. The name, address and telephone number of the complainant.
(c) The City Clerk will forward the complaint to the City Attorney, who will
evaluate the complaint for probable cause.
Sec. 7-146. Evaluation of campaign complaint.
(a) If the City Attorney determines that no probable cause exists, that the complaint
fails to allege an enforceable violation, or that the requirements of § 7-145 were not met
by the complainant, the City Attorney shall so notify the City Clerk, who will, in turn,
notify the complainant in writing.
(b) If the City Attorney determines probable cause exists, the City Attorney may
notify Fort Collins Police Services, who, in consultation with the City Attorney, may
file and serve a summons and complaint to the respondent. The City Attorney retains
prosecutorial discretion on whether to ultimately file criminal charges. If the City
Attorney determines filing a summons and complaint is inappropriate, he or she shall so
notify the City Clerk, who will, in turn, notify the complainant and respondent in
writing.
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Sec. 7-147. Conflicts of interest.
Notwithstanding the above, nothing in this Article shall be read to preclude the City
Attorney from declaring a conflict of interest, and taking appropriate action in
accordance with this Code and general practices of the City, including, but not limited
to, hiring special counsel, if deemed necessary and advisable under the circumstances.
Sec. 7-148. Complaint not required for City action.
Nothing in this Article shall preclude the City from pursuing an action, civil or
criminal, against any person, candidate, candidate committee, issue committee, small-
scale issue committee or political committee for any violation of this Chapter,
regardless of whether a complaint had been filed pursuant to this Article.
Sec. 7-149. Administrative procedures.
The City Manager is charged with ultimate authority to pursue complaints under this
Article and is hereby authorized to adopt administrative regulations consistent with the
provisions of this Article.
Sec. 7-150. Action by complainant.
(a) After having received written notification from the City Clerk pursuant to § 7-
146 that the City Attorney determined filing a summons and complaint is inappropriate,
or after one hundred eighty (180) days of filing the complaint, whichever is first, the
complainant may bring a civil action in District Court.
(b) The complainant has one (1) year from the date of the violation to bring such
suit.
(c) The complainant may sue to compel compliance with this Article, provided
however, that complainant must first file a complaint with the City Clerk, pursuant to
Section 7-145, and otherwise exhausts his or her administrative remedies.
(d) Any person who knowingly violates this Article may be civilly liable in an
amount up to two thousand dollars ($2,000.), or, if applicable, three (3) times the
amount of the discrepancy, whichever is greater.
(e) Reasonable attorneys’ fees for the prevailing party may be awarded if the
amount of civil liability alleged is greater than seven thousand five hundred dollars
($7,500.).
(f) In determining the amount of civil liability, the court may take into account the
seriousness of the violation and culpability of the defendant.
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
January, A.D. 2017, and to be presented for final passage on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of January, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk