HomeMy WebLinkAboutAgenda - Mail Packet - 4/19/2022 - City Council Election Code Committee Agenda With Attachments Part I -April 18, 2022
City Clerk
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221-6295 - fax
fcgov.com/cityclerk
AGENDA
City Council Election Code Committee
April 18, 2022, 12:00‐1:30 p.m.
CIC Conference Room, City Hall, 300 Laporte Ave
Remote Participation available
Public Participation Options:
Watch the Meeting: Anyone can view the Election Code
Committee (ECC) meeting live:
Join Zoom Meeting
https://fcgov.zoom.us/j/93910757534
Meeting ID: 939 1075 7534
Public Comment: Individuals who wish to address the
Committee via remote public participation can do so
through the link provided above.
The meeting will be available beginning at 11:30 a.m.
Monday. To participate:
You need to have a laptop or computer with a
microphone and/or headset that includes a
microphone.
You need to have access to the internet.
Join the Zoom meeting listed above.
Keep yourself on muted status.
Note:
If you are unable to participate via Zoom, you may
attend the meeting in person (however, we have
very limited capacity based on social distancing
recommendations).
Alternatively, you may provide comments to the
Committee via email prior to 11:30 a.m. at
cityleaders@fcgov.com. Emails will be
read by City Leaders; however, not read into the
formal meeting record.
Committee Members: Mayor Jeni Arndt – Vice Chair
Councilmember Tricia Canonico, District 3 ‐ Chair
Councilmember Kelly Ohlson, District 5
Councilmember Julie Pignataro, District 2 (alternate)
2021-2022
Main Topics of Discussion in
Priority Order
1) Redistricting
2) Campaign Finance
Provisions
3) November Elections
4) RCV
5) Public Financing of Elections
6) Election Oversight Board
7) Partisan/Non‐Partisan
Elections
1. Call Meeting to Order
2. Roll Call
3. Public Comment ‐ 30 minutes total (limited to 5 minutes per speaker max)
4. Public Comment Follow‐up
5. Consideration and approval of the March 21, 2022, Committee Meeting Minutes
6. Presentation of Redistricting Options
7. Review of Potential Ballot Questions discussion at the March 22, 2022, Work Session
8. Review of Potential Campaign Finance Code Amendments
9. Proposed timeline:
April 2022 City Attorney’s Office drafts ballot language
ECC April meeting Present ballot language to ECC regarding the move to
November Coordinated elections and RCV; Present Campaign
Finance Code Language
May 2022 Call for Special Election;
May/June 2022 Redistricting Ordinance
July 2022 Present ballot language to Council; Campaign finance
amendments ordinance to Council
10. Other Business
11. Adjournment
ATTACHMENTS:
1. March 21, 2022, Minutes for approval
2. Work Session Summary, March 22, 2022
3. Article VIII November Election and RCV DRAFT Amendments
4. Article II November Election DRAFT Amendments
5. Article V Campaign Finance DRAFT Amendments
6. Campaign Finance Law: An Analysis of Key Issues, Recent Developments, and Constitutional
Considerations for Legislation
Next Election Code Committee Meeting: 12:00‐1:30 p.m., May 16, 2022
City of Fort Collins Page 1
March 21, 2022
ELECTION CODE COMMITTEE MEETING
12:00 PM
COUNCILMEMBERS PRESENT: Arndt, Canonico, Ohlson
STAFF PRESENT: Kyle Stannert, Rita Knoll, Ryan Malarky, Tammi Pusheck, Carrie
Daggett, Anissa Hollingshead
CITIZENS PRESENT: Robbie Moreland, Jody DesChenes
1. CALL MEETING TO ORDER
2. ROLL CALL
3. PUBLIC COMMENT
Robbie Moreland spoke about regulation of independent expenditures and requested that the threshold
for requiring registration for independent expenditures be set at $1,000 rather than $5,000. She also
posed the question of whether there is a need to have both political committees and independent
expenditure committees.
Jody Deschenes expressed support for Robbie’s comments.
4. PUBLIC COMMENT FOLLOW-UP
City Attorney Daggett stated, at the state level, there are political committees that are allowed to
coordinate with candidates, and there are independent expenditure committees which are required to
be independent. The City has political committees and issues committees, neither of which can
coordinate with candidates, and independent expenditures which are reported but not required to
register as committees and file reports; however, any entity formed in order to participate in an election
or who are receiving contributions must register as a committee under the current requirements. She
stated the independent expenditure relates to entities that are spending their own money and which
were perhaps formed for another purpose and happen to be participating in an election. Those entities
are technically not supposed to be receiving contributions for election purposes.
City Attorney Daggett discussed the current independent expenditure thresholds and stated a
suggestion was made to set an amount which would trigger the requirement for the entity to register as
a committee.
Councilmember Ohlson stated campaign finance reform is his main priority; however, he does not yet
have enough information to respond to the three suggestions made during public input. He stated he
would like to keep discussing the issue moving forward. Mayor Arndt concurred.
5. CONSIDERATION AND APPROVAL OF THE FEBRUARY 28 AND MARCH 7, 2022, COMMITTEE
MEETING MINUTES
Councilmember Ohlson made a motion, seconded by Mayor Arndt, to approve the minutes of the
February 28 and March 7, 2022, committee meetings. The motion was adopted unanimously.
6. REVIEW OF POTENTIAL BALLOT QUESTIONS BEING PRESENTED AT THE MARCH 22, 2022,
WORK SESSION
City Clerk Hollingshead presented information related to election preparation for a coordinated election
in November, a possible April 2023 election, and possible ranked choice voting implementation. She
stated the information planned to be discussed at the work session is all related to previous committee
discussions.
City of Fort Collins Page 2
City Attorney Daggett noted a variety of City Code changes would be required to implement ranked
choice voting should it be approved by voters.
Councilmember Ohlson stated other Council members should be made aware the committee has
agreed to recommend November elections, to place ranked choice voting on the ballot, though it has
yet to be determined if that would take effect in April. Mayor Arndt agreed summarizing the committees
work is important for the work session. Chair Canonico also requested the trade-offs with various
options are outlined.
7. REVIEW OF POTENTIAL CAMPAIGN FINANCE CODE AMENDMENTS
Chief Deputy City Clerk Knoll presented a list of potential campaign finance code amendments which
have either been discussed by the committee or noticed as possibly beneficial changes during previous
elections.
City Attorney Daggett suggested the committee may want to consider some type of amendment related
to campaign contributions from entities that may be seeking a contract with the City as the current
regulation states an entity cannot make those contributions but does not prohibit a candidate from
taking those contributions. Mayor Arndt questioned whether a new candidate for Council would know
whether or not to accept a given contribution; she stated the standard of knowledge is too high given
the low contribution limits in Fort Collins. She stated the only thing she would support would be a fine
no greater than the contribution amount. City Attorney Daggett suggested a solution would be to
require a candidate to return a contribution once they are made aware of a potential conflict.
Mayor Arndt and Chair Canonico questioned how far past an election this would apply and Mayor Arndt
stated she believes the regulation would be too ambiguous.
Councilmember Ohlson concurred and suggested the best approach could be just to require a
candidate to return a contribution with no associated penalty. Mayor Arndt concurred.
Chief Deputy City Clerk Knoll discussed other possible election related Code amendments, including
the possibility of eliminating write-in candidates or changing the deadline for write-in candidates. Mayor
Arndt supported leaving them in but changing deadlines to better work for the timeline.
Chief Deputy City Clerk Knoll outlined additional suggested Code amendments.
Members discussed the order of ballot issues and Councilmember Ohlson suggested citizen-initiated
items should be placed above City-initiated items.
Chief Deputy City Clerk Knoll outlined additional Code amendments that may be beneficial.
Councilmember Ohlson commended the history of the City Clerk’s Office handling of elections. Mayor
Arndt and Chair Canonico concurred.
8. PROPOSED TIMELINE
9. OTHER BUSINESS
10. ADJOURNMENT
The meeting adjourned by unanimous consent at 1:05 PM
City Clerk
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221-6295 - fax
fcgov.com/cityclerk
MEMORANDUM
DATE: March 25, 2022
TO: Mayor and Councilmembers
FROM: Anissa Hollingshead, City Clerk
THROUGH: Kelly DiMartino, Interim City Manager
Kyle Stannert, Deputy City Manager
RE: March 22, 2022 Work Session Summary November Coordinated Elections and
Ranked Choice Voting (RCV)
The purpose of this discussion was to share with the full Council and seek direction on the alternatives its
Election Code Committee has been considering regarding possible shifts in election administration that
would require voter approval via ballot questions. Staff provided a presentation led by City Clerk Anissa
Hollingshead outlining the basics of how ranked choice voting works, options for its implementation in
Fort Collins, and considerations around the potential to shift to November coordinated elections, either
in tandem with or separately from implementing RCV. Also assisting with questions during the discussion
were Deputy City Manager Kyle Stannert, Chief Deputy Clerk Rita Knoll, and City Attorney Carrie Daggett.
All Councilmembers were present via Zoom.
Council Feedback:
There was significant discussion as well as questions about the timing of the two measures, both
in terms of when to place them on the ballot and when they should go into effect.
There was some concern expressed by several Councilmembers about the extent to which
moving the elections to November would increase voter turnout, and a desire to be clear about
voter turnout and participation as the ultimate goal.
There was some concern expressed about changing the length of current terms, and at the same
time recognition that ultimately the voters will decide whether to make the change. There were
concerns about the length of time it would take to implement the April to November shift if it
were structured so as to not shorten or extend any current terms. There was generally a
preference for treating all seats in the same way (in other words, either extend all or shorten all,
rather than varying from seat to seat to accelerate the change).
There was general support, with some opposition, to the idea of presenting two questions, the
move from April to November of regular City elections and ranked choice voting to the voters, in
November 2022.
There was interest expressed in implementing the two changes, if approved, in a staggered way
to reduce the potential for confusing voters and increase the ability to gauge impacts on voter
turnout.
Several Councilmembers expressed support for the approach of structuring the proposed shift
from April to November elections to shift the April 2023 election to November 2023 and extend
the terms of all current officeholders by seven months.
Several Councilmembers expressed support for setting the implementation date for Ranked
Choice Voting as the regular City election in 2025 (whether April or November).
There was some wish for more data about potential costs as well as more data regarding the
expected impacts on voter turnout, but also recognition that the data is not necessarily
available.
Next Steps:
Potential ballot language for two possible questions will be developed and presented to the
Election Code Committee (ECC) for its review and input before it comes to the full Council as an
ordinance for adoption.
In response to a request, staff will prepare and provide Council with a brief memo outlining the
extent of adoption of RCV across the country, including information about jurisdictions that
adopted and subsequently moved away from using it.
Additional cost estimates are being prepared to the extent possible and will be shared as that
work continues. Council can anticipate seeing an update as part of a response to a Service Area
Request that also includes details of the formula Larimer County utilizes for allocating election
expenses to jurisdictions participating in a coordinated election.
Additional available data on voter turnout in different recent election types will be provided to
the ECC and the full Council as it considers next steps on the potential ballot questions.
‐ FORT COLLINS CHARTER
ARTICLE VIII. ELECTIONS
Fort Collins, Colorado, Municipal Code Created: 2022‐03‐18 10:46:58 [EST]
(Supp. No. 141)
Page 1 of 4
ARTICLE VIII. ELECTIONS
Section 1. Applicability of state constitution.
The Council shall provide by ordinance for the manner of holding city elections. All ordinances regarding elections
shall be consistent with the provisions of this Charter and the state Constitution. Any matter regarding elections
not covered by the state Constitution, this Charter or ordinance of the Council shall be governed by the laws of the
State of Colorado relating to municipal elections, or coordinated municipal elections, as applicable.
(Res. No. 71‐12, 2‐11‐71, approved, election 4‐6‐71; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election
3‐3‐87)
Section 2. City elections.
A regular city election shall be held on the first Tuesday after the first Monday in April of odd‐numbered years.
Special city elections shall be called by ordinance and shall be held in accordance with the provisions of this
Charter and any ordinances adopted pursuant thereto. All municipal elections shall be nonpartisan.
(Ord. No. 23, 1981, 2‐17‐81, approved, election 4‐7‐81; Ord. No. 201, 1986, § 1, Part B, § 2, 12‐16‐86, approved,
election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 154, 1988, 12‐20‐88,
approved, election 3‐7‐89; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97)
Section 3. Nomination; withdrawal from nomination.
Any person who is qualified at the time of nomination for the office to be filled may be nominated for the elective
office by petition. A nominating petition for the office of Mayor shall be signed by not less than twenty‐five (25)
registered electors. A nominating petition for District Council office shall be signed by not less than twenty‐five
(25) registered electors residing in that District. A registered elector may sign one (1) petition for each office for
which the elector is entitled to vote at the election. If an elector should sign more petitions than entitled, said
elector's signature shall be void as to all petitions which the elector signed.
Nominating petitions must be filed with the City Clerk. The Council shall enact an ordinance specifying the time
frame for circulation and submittal of nominating petitions and the deadline for withdrawal from candidacy for
municipal office. Such time frame shall not be changed within one (1) year immediately prior to the election. No
nominating petition shall be accepted unless the candidate completes a verified acceptance of the nomination
certifying that he or she is not a candidate, directly or indirectly, of any political party, and that he or she meets the
qualifications for office, and will serve if elected.
A person who has been nominated may withdraw from candidacy by filing a written request to do so with the City
Clerk before the deadline established by Council ordinance for such withdrawal, and no name so withdrawn shall
be placed upon the ballot.
(Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 201, 1986, § 1, Part E, § 3, 12‐16‐86, approved,
election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐
97, approved, election 4‐8‐97)
Created: 2022‐03‐18 10:46:58 [EST]
(Supp. No. 141)
Page 2 of 4
Section 4. Petitions.
(a) Form; circulation. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, the form
for a nominating petition which shall include such warnings and notices to signers as may be deemed
appropriate by the Council, as well as the candidate's verified acceptance of nomination. The signatures on a
nominating petition need not all be subscribed on one (1) page, but to each separate section of the petition
there shall be attached a signed statement of the circulator thereof, stating the number of signers on that
section of the petition, and that each signature thereon was made in the circulator's presence and is the
genuine signature of the person whose name it purports to be. When executed, such statement shall be
accepted as true until it shall be proved false. If any portion is proved false, that portion of any petition shall
be disregarded. Following each signature on the petition of nomination shall be written the printed name
and the residence address of the signer, and the date of signing. All nominating papers comprising a petition
shall be filed as one (1) instrument.
(b) Sufficiency of petition. Upon receipt of a nominating petition, the City Clerk shall forthwith examine the
petition, and within five (5) days after the filing of the petition, notify the candidate in writing of the results
of the examination, specifying the particulars of insufficiency, if any. Within the regular time for filing
petitions, an insufficient petition may be amended and filed again as a new petition, in which case the time
of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition
may be filed for the same candidate. The petition for each candidate elected to office shall be preserved by
the City Clerk until the expiration of the terms of office for such person.
(c) No person shall receive any compensation whatever for signing a nominating petition.
(Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 201, 1986, § 1, Part E, § 4, 12‐16‐86, approved,
election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved election 3‐3‐87; Ord. No. 158, 1988, 12‐20‐88,
approved, election, 3‐7‐89; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 005, 2015, § 1, 1‐20‐
15, approved, election of 4‐7‐15 )
Section 5. Board of Elections.
There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City Clerk, and Chief Judge.
The Board shall be responsible for any election duties specified in this Charter and for such additional duties
related to the conduct of elections as may be established by the Council by ordinance.
(Ord. No. 201, 1986, § 1, Part H, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86,
approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 022, 2007, §1, 2‐20‐
07, approved, election 4‐3‐07; Ord. No. 015, 2021 , § 2, 1‐19‐21, approved, election 4‐6‐21)
Section 6. Appearance of names on ballot.
Every ballot shall contain the names of all duly nominated candidates for offices to be voted for at that election,
except those who have died or withdrawn. The names shall be arranged in alphabetical order of surname for each
office, and shall not contain any title or degree designating the business or profession of the candidate. The
candidate's name may be a nickname, but shall not include any punctuation marks setting out the nickname.
(Ord. No. 129, 1999, § 1, 8‐17‐99, approved, election 11‐2‐99)
Created: 2022‐03‐18 10:46:58 [EST]
(Supp. No. 141)
Page 3 of 4
Section 7. Certification of election results.
(a) No later than the date specified by Council by ordinance tenth day after every city election and, after verifying
the total number of legal votes cast for each candidate and measure voted upon, the Board of Elections shall
complete a certificate declaring the results of the election. The candidate receiving the highest number of votes for
a particular office, as determined pursuant to Section 7(c), shall be declared elected to that office. In event of a tie,
the selection shall be made by the Board of Elections by lot after notice to the candidates affected. In case the
candidate elected fails to qualify within sixty (60) days after the date of issuance of the certificate of election, the
candidate with the next highest vote shall be elected, and the candidate failing to qualify shall forfeit his or her
office whether or not such candidate has taken the oath of office. If there is no other elected successor who
qualifies, the office shall be deemed vacant, and shall be filled by appointment by the remaining members of the
council, as provided in Article II, Section 18. In the event of a mandatory recount or recount by request, the Board
of Elections shall complete an amended certificate declaring the results of the election no later than the fifth day
after the completion of the recount.
(b) For coordinated city elections (which are not administered by the City), the election shall be determined and
certified and any failure of qualifications, tie vote or recount shall be administered, as provided in the applicable
state law. The candidate receiving the highest number of votes for a particular office, as determined pursuant to
Section 7(c), shall be declared elected to that office.
(c) Ranked voting methods. Beginning in 2025, the candidate receiving the highest number of votes for a
particular office will be determined using a ranked voting method.
(1) For a City‐administered election, the ranked voting method will be in accordance with specifications
adopted by the City Council by ordinance.
(2) For a coordinated election, the ranked voting method will be in accordance with and as provided by
applicable state law.
(Ord. No. 197, 1986, § 1, Parts C, M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐
16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, §
2, 8‐17‐99, approved, election 11‐2‐99; Ord. No. 022, 2007, §1, 2‐20‐07, approved, election 4‐3‐07; Ord. No. 001,
2017 , § 2, 1‐17‐17, approved, election 4‐4‐17)
Section 8. Campaign contributions.
The Council shall act by ordinance to establish a limit on the amount that any person or entity may contribute in
support of a candidate for Council on the ballot at any city election.
No political party or city employee, directly or indirectly, and no public service corporation, nor any other person,
firm or corporation, owning, interested in, or intending to apply for any franchise or contract with the city shall
contribute or expend any money or other valuable thing, directly or indirectly, to assist in the election or defeat of
any candidate.
(Ord. No. 6, 1980, 1‐16‐80, approved, election 2‐26‐80; Ord. No. 208, 1984, 1‐15‐85, approved, election 3‐5‐85;
Ord. No. 201, 1986, § 1, Part M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐16‐86,
approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐
99, approved, election 11‐2‐99)
Formatted: Indent: First line: 0.5"
Created: 2022‐03‐18 10:46:58 [EST]
(Supp. No. 141)
Page 4 of 4
Section 9. Corrupt practices.
Any person who violates at a city election any state law, provision of this Charter or ordinance of the city shall,
upon conviction thereof, be disqualified from holding any city position or employment for two (2) years, or any
elective city office for four (4) years.
(Ord. No. 201, 1986, § 1, Parts J, M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐
16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, §
2, 8‐17‐99, approved, election 11‐2‐99)
Section 10. Validity of elections.
No city election shall be invalidated if it has been conducted fairly and in substantial conformity with the
requirements of this Charter.
(Ord. No. 201, 1986, § 1, Part M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐16‐
86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐
17‐99, approved, election 11‐2‐99)
Section 11. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
(Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐99, approved, election 11‐
2‐99)
‐ FORT COLLINS CHARTER
ARTICLE VIII. ELECTIONS
Fort Collins, Colorado, Municipal Code Created: 2022‐03‐18 10:46:58 [EST]
(Supp. No. 141)
Page 1 of 4
ARTICLE VIII. ELECTIONS
Section 1. Applicability of state constitution.
The Council shall provide by ordinance for the manner of holding city elections. All ordinances regarding elections
shall be consistent with the provisions of this Charter and the state Constitution. Any matter regarding elections
not covered by the state Constitution, this Charter or ordinance of the Council shall be governed by the laws of the
State of Colorado relating to municipal elections, or coordinated municipal elections, as applicable.
(Res. No. 71‐12, 2‐11‐71, approved, election 4‐6‐71; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election
3‐3‐87)
Section 2. City elections.
A regular city election shall be held on the first same Tuesday after the first Monday in April November of every
odd‐numbered years as the state ballot issue elections in odd‐numbered years. All other municipal elections shall
be known as sSpecial city elections, and shall be called by ordinance and shall be held in accordance with the
provisions of this Charter and any ordinances adopted pursuant thereto. All municipal elections shall be
nonpartisan.
In order to implement a change of regular city elections from April of each odd‐numbered year to November of
each odd‐numbered year, the term of the Mayor and each Councilmember shall be extended to such time as a
successor elected in November of the appropriate odd‐numbered year (consistent with Article II, Section 1(b))
takes office, unless otherwise ended due to an event of vacancy or recall.
(Ord. No. 23, 1981, 2‐17‐81, approved, election 4‐7‐81; Ord. No. 201, 1986, § 1, Part B, § 2, 12‐16‐86, approved,
election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 154, 1988, 12‐20‐88,
approved, election 3‐7‐89; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97)
Section 3. Nomination; withdrawal from nomination.
Any person who is qualified at the time of nomination for the office to be filled may be nominated for the elective
office by petition. A nominating petition for the office of Mayor shall be signed by not less than twenty‐five (25)
registered electors. A nominating petition for District Council office shall be signed by not less than twenty‐five
(25) registered electors residing in that District. A registered elector may sign one (1) petition for each office for
which the elector is entitled to vote at the election. If an elector should sign more petitions than entitled, said
elector's signature shall be void as to all petitions which the elector signed.
Nominating petitions must be filed with the City Clerk. The Council shall enact an ordinance specifying the time
frame for circulation and submittal of nominating petitions and the deadline for withdrawal from candidacy for
municipal office. Such time frame shall not be changed within one (1) year one hundred and eighty days
immediately prior to the election. No nominating petition shall be accepted unless the candidate completes a
verified acceptance of the nomination certifying that he or she is not a candidate, directly or indirectly, of any
political party, and that he or she meets the qualifications for office, and will serve if elected.
A person who has been nominated may withdraw from candidacy by filing a written request to do so with the City
Clerk before the deadline established by Council ordinance for such withdrawal, and no name so withdrawn shall
be placed upon the ballot.
Created: 2022‐03‐18 10:46:58 [EST]
(Supp. No. 141)
Page 2 of 4
(Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 201, 1986, § 1, Part E, § 3, 12‐16‐86, approved,
election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐
97, approved, election 4‐8‐97)
Section 4. Petitions.
(a) Form; circulation. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, the form
for a nominating petition which shall include such warnings and notices to signers as may be deemed
appropriate by the Council, as well as the candidate's verified acceptance of nomination. The signatures on a
nominating petition need not all be subscribed on one (1) page, but to each separate section of the petition
there shall be attached a signed statement of the circulator thereof, stating the number of signers on that
section of the petition, and that each signature thereon was made in the circulator's presence and is the
genuine signature of the person whose name it purports to be. When executed, such statement shall be
accepted as true until it shall be proved false. If any portion is proved false, that portion of any petition shall
be disregarded. Following each signature on the petition of nomination shall be written the printed name
and the residence address of the signer, and the date of signing. All nominating papers comprising a petition
shall be filed as one (1) instrument.
(b) Sufficiency of petition. Upon receipt of a nominating petition, the City Clerk shall forthwith examine the
petition, and within five (5) days after the filing of the petition, notify the candidate in writing of the results
of the examination, specifying the particulars of insufficiency, if any. Within the regular time for filing
petitions, an insufficient petition may be amended and filed again as a new petition, in which case the time
of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition
may be filed for the same candidate. The petition for each candidate elected to office shall be preserved by
the City Clerk until the expiration of the terms of office for such person.
(c) No person shall receive any compensation whatever for signing a nominating petition.
(Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 201, 1986, § 1, Part E, § 4, 12‐16‐86, approved,
election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved election 3‐3‐87; Ord. No. 158, 1988, 12‐20‐88,
approved, election, 3‐7‐89; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 005, 2015, § 1, 1‐20‐
15, approved, election of 4‐7‐15 )
Section 5. Board of Elections for City‐administered elections.
There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City Clerk, and Chief Judge.
The Board shall be responsible for any election duties specified in this Charter and for such additional duties
related to the conduct of elections by the City as may be established by the Council by ordinance.
(Ord. No. 201, 1986, § 1, Part H, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86,
approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 022, 2007, §1, 2‐20‐
07, approved, election 4‐3‐07; Ord. No. 015, 2021 , § 2, 1‐19‐21, approved, election 4‐6‐21)
Section 6. Appearance of names on ballot.
Every ballot shall contain the names of all duly nominated candidates for offices to be voted for at that election,
except those who have died or withdrawn. The names shall be arranged in alphabetical order of surname for each
office, and shall not contain any title or degree designating the business or profession of the candidate. The
candidate's name may be a nickname, but shall not include any punctuation marks setting out the nickname.
(Ord. No. 129, 1999, § 1, 8‐17‐99, approved, election 11‐2‐99)
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Section 7. Certification of election results.
(a) No later than the date specified by the Council by ordinance tenth day after every city election and, after
verifying the total number of legal votes cast for each candidate and measure voted upon, the Board of Elections
shall complete a certificate declaring the results of the election. The candidate receiving the highest number of
votes for a particular office shall be declared elected to that office. In event of a tie, the selection shall be made by
the Board of Elections by lot after notice to the candidates affected. In case the candidate elected fails to qualify
within sixty (60) days after the date of issuance of the certificate of election, the candidate with the next highest
vote shall be elected, and the candidate failing to qualify shall forfeit his or her office whether or not such
candidate has taken the oath of office. If there is no other elected successor who qualifies, the office shall be
deemed vacant, and shall be filled by appointment by the remaining members of the council, as provided in Article
II, Section 18. In the event of a mandatory recount or recount by request, the Board of Elections shall complete an
amended certificate declaring the results of the election no later than the fifth day after the completion of the
recount.
(b) For coordinated city elections (which are not administered by the City), the election shall be determined and
certified and any failure of qualifications, tie vote or recount shall be administered as provided in the applicable
state law.
(Ord. No. 197, 1986, § 1, Parts C, M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐
16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, §
2, 8‐17‐99, approved, election 11‐2‐99; Ord. No. 022, 2007, §1, 2‐20‐07, approved, election 4‐3‐07; Ord. No. 001,
2017 , § 2, 1‐17‐17, approved, election 4‐4‐17)
Section 8. Campaign contributions.
The Council shall act by ordinance to establish a limit on the amount that any person or entity may contribute in
support of a candidate for Council on the ballot at any city election.
No political party or city employee, directly or indirectly, and no public service corporation, nor any other person,
firm or corporation, owning, interested in, or intending to apply for any franchise or contract with the city shall
contribute or expend any money or other valuable thing, directly or indirectly, to assist in the election or defeat of
any candidate.
(Ord. No. 6, 1980, 1‐16‐80, approved, election 2‐26‐80; Ord. No. 208, 1984, 1‐15‐85, approved, election 3‐5‐85;
Ord. No. 201, 1986, § 1, Part M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐16‐86,
approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐
99, approved, election 11‐2‐99)
Section 9. Corrupt practices.
Any person who violates at a city election any state law, provision of this Charter or ordinance of the city shall,
upon conviction thereof, be disqualified from holding any city position or employment for two (2) years, or any
elective city office for four (4) years.
(Ord. No. 201, 1986, § 1, Parts J, M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐
16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, §
2, 8‐17‐99, approved, election 11‐2‐99)
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Section 10. Validity of City‐administered elections.
No Ccity‐administered election shall be invalidated if it has been conducted fairly and in substantial conformity
with the requirements of this Charter.
(Ord. No. 201, 1986, § 1, Part M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐16‐
86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐
17‐99, approved, election 11‐2‐99)
Section 11. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
(Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐99, approved, election 11‐
2‐99)
‐ FORT COLLINS CHARTER
ARTICLE II. CITY COUNCIL
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ARTICLE II. CITY COUNCIL
Section 1. Membership; terms.
(a) Composition of Council. The Council shall consist of seven (7) members, including a Mayor and Mayor Pro
Tem, elected as provided in this Article.
(b) Method of election. The Mayor shall be nominated and elected from the city at large. The remaining six (6)
members shall be nominated and elected by Districts. The election of District Councilmembers shall alternate
between the election of representatives for Council Districts 1, 3 and 5 and the election of representatives
for Council Districts 2, 4 and 6.
(c) Council district boundaries. The city shall be divided into six (6) contiguous, reasonably compact districts,
each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably
possible, an equal number of inhabitants. The districts shall be numbered consecutively in a clockwise
fashion beginning with the northeast district, which shall be District 1. The Council shall establish by
ordinance the process for adjusting district boundaries and giving notice of any proposed boundary changes,
and the manner of protesting such proposed changes.
(d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of
office of the Mayor shall be two (2) years, and the term of office of all other members of the Council shall be
four (4) years each; provided, however, that all such officers shall serve until their successors have been
elected and have taken office. The terms of the Mayor and other members of the Council shall begin when
they take the oath of office, which shall occur as the first order of business at the first regular ora special
Council meeting in the second Tuesday of January next after the following the final certification of election
results and after expiration of the recount period, or, if appointed, the first regular or special Council meeting
following their appointment.
(Ord. No. 23, 1981, 2‐17‐81, approved, election 4‐7‐81; Ord. No. 94, 1972, 1‐4‐73, approved, election 2‐20‐73; Ord.
No. 197, 1986, § 1, Parts A, B, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 154, 1988, 12‐20‐88, approved,
election 3‐7‐89; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord. No. 15, 1997, § 1, 2‐4‐97, approved,
election 4‐8‐97; Ord. No. 011, 2011, § 1, 2‐15‐11, approved, election 4‐5‐11; Ord. No. 001, 2017 , § 2, 1‐17‐17,
approved, election 4‐4‐17)
Section 2. Qualifications of candidates and members; challenges.
(a) An individual shall be eligible to be a candidate for the office of Councilmember if at the time of the election
he or she is a citizen of the United States; is at least twenty‐one (21) years of age; has been for one (1) year
immediately preceding such election an elector of the city; and, in the case of a District Councilmember, has
continuously resided in the District from which he or she is to be elected since the date of accepting any
nomination for election under Article VIII, Section 3, of this Charter.
(b) No person who has been convicted of a felony shall be eligible to be a candidate for, or hold, the office of
Councilmember.
(c) No person shall be eligible to stand for election to more than one (1) elective office at any single municipal
election. During a term of office, no member of the Council shall be an employee of the city or hold any other
elective public office. No person shall be elected or appointed to any city office, position or employment for
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which the compensation was increased or fixed by the Council while such person was a member thereof until
after expiration of one (1) year from the date when such person ceased to be a member of the Council.
(d) Any registered elector may file with the City Clerk a written protest challenging the qualifications of any
member of the Council. Any such protest shall be resolved by the City Clerk as expeditiously as possible but
no more than forty‐five (45) days from the date of filing of the protest, pursuant to a procedure established
by the Council by ordinance. In order to resolve such protests, the City Clerk shall have the power to
subpoena witnesses, administer oaths, and require the production of evidence. No protest shall be filed prior
to the date of appointment or the date of issuance of the certificate of election of a Councilmember,
whichever is applicable, nor shall any such protest, other than a protest based upon the fact of a felony
conviction, be filed more than fifteen (15) days after said date.
(e) The fact that a Councilmember may be determined to have lacked any qualification for the office of
Councilmember during all or any portion of his or her term of office shall not affect the validity of any action
taken by the Council during such Councilmember's term of office.
(Res. No. 71‐12, 2‐11‐71, approved, election 4‐6‐71; Ord. No. 5, 1983, approved, election 3‐8‐83; Ord. No. 202,
1986, § 1, Part X, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord.
No. 20, 1991, § 1, 2‐19‐91, approved, election 4‐2‐91; Ord. No. 20, 1993, § 1, 2‐16‐93, approved, election 4‐6‐93;
Ord. No. 15, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97)
Section 3. Compensation of members.
Commencing in 1998, the compensation for all Councilmembers except the Mayor shall be five hundred dollars
($500.) per month and the compensation of the Mayor shall be seven hundred fifty dollars ($750.) per month.
These amounts shall be adjusted annually thereafter for inflation in accordance with the Denver/ Boulder
Consumer Price Index.
(Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 198, 1986, § 1, Part A, 12‐16‐86, approved,
election 3‐3‐87; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord. No. 16, 1997, § 1, 2‐4‐97, approved,
election 4‐8‐97)
Editor's note(s)—See § 2‐575 of the City Code for current salaries of Councilmembers.
Section 4. Organization.
The Mayor shall preside at meetings of the Council and shall be recognized as head of the city government for all
ceremonial purposes and by the Governor of the state for purposes of military law. The Mayor shall execute and
authenticate legal instruments requiring the signature of the Mayor. The Mayor shall also perform such other
duties as may be provided by ordinance which are not inconsistent with the provisions of this Charter.
At the first regular or special meeting after final certification of a City electionat which newly‐elected officers take
their oath of office as described in Section 2(d) of this Article, and after expiration of the recount period, the
Council shall elect a Mayor Pro Tem for a two (2) year term from among the members of the Council to act as
Mayor during the absence or disability of the Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro
Tem shall become Mayor as provided in Section 18(b) below.
If a vacancy occurs in the position of Mayor Pro Tem, whether through resignation or otherwise, the Council shall
at the first regular or special meeting after the occurrence of such vacancy elect a new Mayor Pro Tem to serve for
the remainder of the vacated term.
(Ord. No. 11, 1969, 2‐27‐69, approved, election 4‐8‐69; Ord. No. 202, 1986, § 1, Part X, 12‐16‐86, approved,
election 3‐3‐87; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord. No. 15, 1997, § 1, 2‐4‐97, approved,
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Page 3 of 8
election 4‐8‐97; Ord. No. 001, 2017 , § 2, 1‐17‐17, approved, election 4‐4‐17; Ord. No. 011, 2021 , § 2, 1‐19‐21,
approved, election 4‐6‐21)
Section 5. Powers.
All powers of the city and the determination of all matters of policy shall be vested in the Council except as
otherwise provided by this Charter. Without limitation of the foregoing, the Council shall have power to:
(a) appoint and remove the City Manager;
(b) establish, change, consolidate or abolish administrative offices, service areas or agencies by ordinance, upon
report and recommendation of the City Manager, so long as the administrative functions and public services
established by this Charter are not abolished in any such reorganization. The city shall provide for all
essential administrative functions and public services, including, but not limited to the following:
(1) fire suppression and prevention;
(2) police services;
(3) finance and recordkeeping;
(4) electric utility services;
(5) water supply and wastewater services;
(6) street maintenance;
(7) storm drainage;
(8) planning and zoning.
(c) adopt the budget of the city;
(d) authorize the issuance of bonds by ordinance as provided by this Charter;
(e) inquire into and investigate any office, service area, or agency of the city and the official acts of any officer or
employee thereof, and to compel by subpoena attendance and testimony of witnesses and production of
books and documents;
(f) adopt plats;
(g) adopt and modify the official map of the city;
(h) provide for independent audits of all funds and accounts of the city.
(Ord. No. 18, 1973, 2‐15‐73, approved, election 4‐3‐73; Ord. No. 202, 1986, § 1, Part A, 12‐16‐86, approved,
election 3‐3‐87; Ord. No. 15, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 22, 2001, § 2, 2‐20‐01,
approved, election 4‐3‐01)
Section 6. Ordinances, resolutions, motions.
The Council shall act by ordinance, resolution, or motion. The ayes and nays shall be recorded on the passage of all
ordinances, resolutions, and motions. Every Councilmember present shall vote; if a member fails to vote when
present, he or she shall be recorded as voting in the affirmative. All legislative enactments and every act creating,
altering, or abolishing any agency or office, fixing compensation, making an appropriation, authorizing the
borrowing of money, levying a tax, establishing any rule or regulation for the violation of which a penalty is
imposed, or placing any burden upon or limiting the use of private property, shall be by ordinance, which shall not
be so altered or amended on the final passage as to change the original purpose.
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All ordinances, except the annual appropriation ordinance and any ordinance making a general codification of
ordinances, shall be confined to one (1) subject which shall be clearly expressed in the title. All ordinances shall be
formally introduced at a regular or special Council meeting in written or printed form by any member of the
Council and considered on first reading and action taken thereon. No ordinance, except an emergency ordinance,
shall be finally passed on the first reading or at the meeting at which it is first introduced. An emergency ordinance
may be formally introduced at a special Council meeting and action taken thereon, including final passage at such
special meeting. Reading of an ordinance shall consist only of reading the title thereof, provided that copies of the
full ordinance proposed shall have been available in the office of the City Clerk at least forty‐eight (48) hours prior
to the time such ordinance is introduced for each member of the City Council, and for inspection and copying by
the general public, and provided further that any member of the City Council may request that an ordinance be
read in full at any reading of the same, in which case such ordinance shall be read in full at such reading. Final
passage of all ordinances except emergency ordinances shall be at a regular Council meeting. Emergency
ordinances shall require for passage the affirmative vote of at least five (5) members of the Council and shall
contain a specific statement of the nature of the emergency. No ordinance granting any franchise or special
privilege which involves a benefit to any private person or entity shall ever be passed as an emergency ordinance.
The enacting clause of all ordinances passed by the Council shall be as follows: "Be it ordained by the Council of the
City of Fort Collins."
(Ord. No. 3, 1961, 2‐23‐61, approved, election 4‐4‐61; Ord. No. 94, 1972, 1‐4‐73, approved, election 2‐20‐73; Ord.
No. 18, 1973, 2‐15‐73, approved, election 4‐3‐73; Ord. No. 202, 1986, § 1, Part X, 12‐16‐86, approved, election 3‐3‐
87; Ord. No. 203, 1986, § 1, Part A, 12‐16‐86, approved, election 3‐3‐87)
Section 7. Ordinances, publication and effective date.
Every proposed ordinance, except an emergency ordinance, shall be published in full at least seven (7) days before
its final passage on the city's official internet web site. In addition, each such ordinance shall be published in a
newspaper of general circulation in the city by number and title only, together with a statement that the full text is
available for public inspection and acquisition in the office of the City Clerk and on the city's internet web site. Both
publications shall contain a notice of the date when said proposed ordinance will be presented for final passage.
The City Clerk shall, within seven (7) days after final passage of any such ordinance, publish such ordinance in the
same method as is required for the first publication. All ordinances, except emergency ordinances, shall take effect
on the tenth day following their passage. An emergency ordinance shall take effect upon passage and shall be
published as provided above within seven (7) days thereof.
Standard codes and codifications of ordinances of the city may be published by title and reference in whole or in
part.
Ordinances shall be signed by the Mayor, attested by the City Clerk and published without further certification.
The Council may enact any ordinance which adopts any code by reference in whole or in part provided that before
adoption of such ordinance the Council shall hold a public hearing thereon and notice of the hearing shall be
published twice in the newspaper of general circulation, published in the city, one (1) of such publications to be at
least eight (8) days preceding the hearing and the other at least fifteen (15) days preceding the hearing. Such
notice shall state the time and place of the hearing and shall also state that copies of the code to be adopted are
on file with the City Clerk and open to public inspection. The notice shall also contain a description which the
Council deems sufficient to give notice to persons interested as to the subject matter of such code and the name
and address of the agency by which it has been promulgated. The ordinance adopting any such code shall set forth
in full any penalty clause in connection with such code.
(Ord. No. 11, 1967, 2‐9‐67, approved, election 4‐4‐67; Ord. No. 18, 1973, 2‐15‐73, approved, election 4‐3‐73; Ord.
No. 205, 1984, approved, election 3‐5‐85; Ord. No. 15, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 93,
2005, § 1, 9‐6‐05, approved election 11‐1‐05)
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Section 8. Disposition of ordinances.
A true copy of every ordinance, when adopted, shall be numbered and recorded in a book marked "Ordinance
Record," and adoption and publication shall be authenticated by the signatures of the Mayor and the City Clerk,
and by the certificate of the publisher, respectively. The ordinances as adopted by the vote of the qualified
electors of the city shall be separately numbered and recorded.
Section 9. Ordinance codification.
The Council shall cause the permanent ordinances to be codified. Such codification may be of the entire body of
permanent ordinances or of the ordinances on some particular subject and may be re‐enacted by the Council or
authenticated in such other manner as may be designated by ordinance. No codification ordinance shall be invalid
on the grounds that it deals with more than one (1) subject. The first codification shall be completed within five (5)
years of the effective date of this Charter and subsequent codifications shall be made thereafter as deemed
necessary by the Council, and all permanent ordinances adopted thereafter shall be codified at least once a year.
(Ord. No. 202, 1986, § 1, Part P, 12‐16‐86, approved, election 3‐3‐87)
Section 10. Proof of charter and ordinances.
This Charter and any ordinance passed by the Council may be proved by a copy thereof certified to by the City
Clerk under the seal of the city and, when printed in a book or pamphlet form purporting to be authorized by the
city, the same shall be received as prima facie evidence by courts without further proof.
Section 11. Meetings, quorum, executive session.
The Council shall hold regular meetings at such time and place as it may prescribe by ordinance and shall prescribe
the manner in which special meetings may be called. Notice of any special meeting shall be given to all
Councilmembers no less than one (1) day prior to such meeting. All meetings shall be open to the public. A
majority of the members of Council shall constitute a quorum sufficient to transact business. A smaller number can
adjourn a meeting to a later date and time, and in the absence of all members, the City Clerk may adjourn any
meeting for not longer than one (1) week. In the event of an emergency, natural disaster, or unforeseen
circumstance that renders the holding of a meeting undesirable or impracticable, the City Manager may, with
agreement of the Mayor, cancel a City Council meeting and shall make a reasonable attempt to notify the public
and the other members of Council of such cancellation before the scheduled time of the meeting. No other action,
except to adjourn, may be taken by the Council in the absence of a quorum, unless the absence of a quorum is due
to the filing of conflict of interest disclosure statements by all absent members, in which event at least three (3)
remaining members may transact business. By majority vote of those present and voting, the Council may approve
any action of the Council except the passage of emergency ordinances and the approval of executive sessions. By
two‐thirds (2/3) vote of those present and voting, the Council may go into executive session, which shall be closed
to the public. Executive sessions may only be held to:
(1) discuss personnel matters; or
(2) consult with attorneys representing the city regarding specific legal questions involving litigation or
potential litigation and/or the manner in which particular policies, practices or regulations of the city
may be affected by existing or proposed provisions of federal, state or local law; or
(3) consider water and real property acquisitions and sales by the city; or
(4) consider electric utility matters if such matters pertain to issues of competition in the electric utility
industry.
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(Ord. No. 94, 1972, 1‐4‐73, approved, election 2‐20‐73; Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord.
No. 19, 1993, § 1, 2‐16‐93, approved, election 4‐6‐93; Ord. No. 14, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97;
Ord. No. 002, 2017 , § 2, 1‐17‐17, approved, election 4‐4‐17)
Section 12. City Clerk.
With the approval of the Council, the City Manager shall appoint a City Clerk who shall act as Clerk of the Council
and who while so employed shall be a resident of the Fort Collins Urban Growth Area. The City Clerk shall:
(1) give notice of Council meetings;
(2) keep a journal of Council proceedings;
(3) authenticate by his or her signature and permanently record in full all ordinances and resolutions; and
(4) perform other duties required by this Charter or by the City Manager.
(Ord. No. 209, 1984, 1‐15‐85, approved, election 3‐5‐85; Ord. No. 13, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97)
Section 13. Council not to interfere with administrative service.
Except for purposes of inquiry, the Council and its members shall deal with the administrative service of the city
solely through the City Manager, and neither the Council nor any member shall give orders to any subordinates of
the City Manager either publicly or privately.
Section 14. Licenses, permits.
The Council may provide for licenses and permits, and fees therefor, for regulatory purposes. The Council shall
provide an administrative procedure for the hearing and determination of appeals relating to issuance, suspension
or revocation of such licenses and permits. The Council itself may hear and decide appeals.
(Ord. No. 202, 1986, § 1, Part Q, 12‐16‐86, approved, election 3‐3‐87)
Section 15. Surety bonds.
The Council shall require the City Manager, the Financial Officer, and other employees transacting financial
business of the city to furnish bonds with such surety and in such amounts as the Council may determine.
(Ord. No. 202, 1986, § 1, Part I, 12‐16‐86, approved, election 3‐3‐87)
Section 16. Contracts with other governmental bodies.
The Council may, by ordinance or resolution, enter into contracts with other governmental bodies to furnish
governmental services and make charges for such services, or enter into cooperative or joint activities with other
governmental bodies.
(Ord. No. 18, 1973, 2‐15‐73, approved, election 4‐3‐73)
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Section 17. Independent annual audit.
The Council shall provide for an independent audit at least annually by a certified public accountant of all books
and accounts of the city, and shall publish a summary thereof once in the manner provided for publication of legal
notices within seven (7) months after the end of each fiscal year.
(Ord. No. 206, 1984, 1‐15‐85, approved, election 3‐5‐85; Ord. No. 014, 2021 , § 2, 1‐19‐21, approved, election 4‐6‐
21)
Section 18. Vacancies.
(a) A vacancy exists when a Councilmember:
(1) dies, resigns, or moves from the city or the District from which elected or appointed;
(2) assumes another elective office;
(3) fails to attend all regular and special meetings of the Council for sixty (60) consecutive days unless
excused by Council resolution;
(4) is judicially declared mentally incompetent;
(5) is convicted of a felony or is declared by the City Clerk, more than sixty (60) days after the date of
issuance of the certificate of election of such Councilmember, to have previously been convicted of a
felony pursuant to a written protest filed under Section 2 of this article; or
(6) in the case of an appointed member of the Council, is declared by the City Clerk to lack any
qualification for the office of Councilmember.
Except for the office of Mayor, any vacancy on the Council shall be filled within forty‐five (45) days by appointment
of the Council. The person so appointed shall serve until the next regular election, when the electors will select a
person to fill the vacancy for the remainder of the term, if any. This selection process shall be subject to the
following exception: If the time for filling the vacancy by appointment would fall within forty‐five (45) days prior to
any regular election, and the remaining unexpired term of the Councilmember to be replaced is more than two (2)
years, then the vacancy shall be filled by the newly constituted Council following their election, within forty‐five
(45) days after their terms of office begin.
Under this exception, the term of office of the Councilmember appointed shall run for the remainder of the
replaced Councilmember's term. Any person appointed to fill a Councilmember's vacated position shall have all the
qualifications required of regularly elected Councilmembers. In the case of a vacancy representing a member
elected from a District, any person appointed or elected to fill such vacancy shall be from the same District, as such
District is constituted at the time of the appointment or election.
(b) The following shall apply to filling vacancies in the office of Mayor:
(1) If the position of Mayor becomes vacant more than forty‐five (45) days prior to the next regular
election, the Mayor Pro Tem shall become Acting Mayor, and the Council shall elect a new Mayor Pro
Tem. Both the Acting Mayor and Mayor Pro Tem shall serve until the next regular election, at which
time the office of Mayor shall be filled by the electors for a new term, and the Acting Mayor and Mayor
Pro Tem shall resume their duties as Councilmembers for the remainder of their unexpired terms of
office, if any. The vacancy on the Council created by the Mayor Pro Tem assuming the office of Mayor
shall be filled in accordance with the provisions of Section 18(a) above.
(2) If the position of Mayor becomes vacant within the forty‐five (45) days prior to any regular election,
the duties of the Mayor shall be immediately assumed by the Mayor Pro Tem, who shall serve as Acting
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Mayor until said regular election, at which time the office of Mayor shall be filled by the electors for a
new term. Pending the election and the commencement of the term of the newly elected Mayor, the
Council shall consist of six (6) members, and the Council shall elect an interim Mayor Pro Tem. After the
election, the Acting Mayor and Interim Mayor Pro Tem shall resume their duties as Councilmembers
for the remainder of their unexpired terms of office, if any.
(3) Nothing herein shall preclude the Mayor Pro Tem or any Councilmember from standing for election to
the office of Mayor.
(Ord. No. 201, 1986, § 1, Part L, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 154, 1988, 12‐20‐88, approved,
election 3‐7‐89; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord. No. 15, 1997, § 1, 2‐4‐97, approved,
election 4‐8‐97)
DRAFT FOR DISCUSSION ONLY
Fort Collins, Colorado, Municipal Code Created: 2022‐02‐14 15:13:14 [EST]
(Supp. No. 141, Update 1)
Page 1 of 17
Formatted: Font: 14 pt, Font color: Red
ARTICLE V. CAMPAIGNS1
Sec. 7‐131. Legislative declaration.
The City Council hereby finds and declares that large campaign contributions to political candidates allow wealthy
contributors and special interest groups to exercise a disproportionate level of influence over the political process;
that large campaign contributions create the potential for corruption and the appearance of corruption; that the
rising costs of campaigning for political office prevent qualified citizens from running for political office; and 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.
(Ord. No. 162, 2000, § 1, 11‐21‐00)
Sec. 7‐132. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this
Section:
Ballot issue, ballot question or issue shall mean any measure put to a vote of the registered electors of the City by
the City Council at any election held under the provisions of the Charter. For purposes of this Article V, ballot issue,
ballot question or issue shall also mean any measure for which recall, initiative or referendum proceedings have
been commenced pursuant to Article IX, Section 1(b), Article X, Section 1(b), and Article X, Section 2(b),
respectively, of the Charter.
Candidate shall mean any person who seeks nomination or election to the office of Mayor or Councilmember at
any City election. A person is a candidate if the person has publicly announced an intention to seek such election or
has filed nominating petitions for the office of Mayor or Councilmember. Candidate shall also mean any elected
official who is the subject of recall proceedings pursuant to Article IX of the Charter.
Candidate committee shall mean a person, including the candidate, or persons with the common purpose of
receiving contributions or making expenditures under the authority of a candidate. A candidate shall have only one
(1) candidate committee. A candidate committee shall be considered open and active until the committee has filed
a termination report with the City Clerk.
Contribution shall mean:
(1) The payment, loan, pledge or advance of money, or guarantee of a loan, made to any candidate
committee, issue committee or political committee;
(2) Any payment made to a third party for the benefit of any candidate committee, issue committee or
political committee;
(3) Anything of value given, directly or indirectly, to a candidate committee for the purpose of promoting
the candidate's nomination, retention, recall or election; or
(4) With regard to a contribution for which the contributor receives compensation or consideration of less
than equivalent value to such contribution, including, but not limited to, items of perishable or
nonpermanent value, goods, supplies, services or participation in a campaign‐related event, an amount
1Charter reference(s)—City Council, Art. II; campaign contributions, Art. VIII, § 7.
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equal to the value in excess of such compensation or consideration as determined by the candidate
committee, issue committee or political committee.
Contribution shall not include:
(1) Services provided without compensation by individuals volunteering their time on behalf of a
candidate, candidate committee, political committee, issue committee or small‐scale issue committee;
(2) Funds collected subsequent to the election to pay the cost of a requested recount pursuant to 7‐46.
Contribution in kind shall mean the fair market value of a gift or loan of any item of real or personal property, other
than money, made to or for any candidate committee, issue committee, small‐scale issue committee or political
committee for the purpose of influencing the passage or defeat of any issue or the nomination, retention, election
or defeat of any candidate. Personal services shall be considered a contribution in kind by the person paying
compensation therefor. In determining the value to be placed on contributions in kind, a reasonable estimate of
fair market value shall be used.
Contribution in kind shall not include an endorsement of a candidate or an issue by any person and shall not
include the payment of compensation for legal and accounting services rendered to a candidate, candidate
committee, political committee, issue committee or small‐scale issue committee if the person paying for the
services is the regular employer of the individual rendering the services and the services are solely for the purpose
of ensuring compliance with the provisions of this Article.
Expenditure shall mean the payment, distribution, loan or advance of any money by any candidate committee,
political committee, issue committee or small‐scale issue committee. Expenditure shall also include the payment,
distribution, loan or advance of any money by a person for the benefit of a candidate committee, political
committee, issue committee or small‐scale issue committee that is made with the prior knowledge and consent of
an agent of the committee. An expenditure occurs when the actual payment is made or when there is a
contractual agreement and the amount is determined.
Independent expenditure shall mean the payment of money by any person for the purpose of advocating the
election, defeat or recall of a candidate, which expenditure is not controlled by, or coordinated with, any candidate
or any agent of such candidate. Independent expenditure shall include expenditures for political messages which
unambiguously refer to any specific public office or candidate for such office. Independent expenditure shall also
include the payment of money by any person for supporting or opposing a ballot issue or ballot question that is not
controlled by, or coordinated with, an issue committee or a small‐scale issue committee. Independent expenditure
shall include, but not be limited to, advertisements placed for a fee on another person's website or advertisement
space provided for no fee or a reduced fee where a fee ordinarily would have been charged.
Independent expenditure shall not include:
(1) Expenditures made by persons in the regular course and scope of their business and political messages
sent solely to their members;
(2) Expenditures made by small‐scale issue committees; or
(3) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor
printed in a newspaper, magazine or other periodical not owned or controlled by the candidate, or
communications other than advertisements posted or published on the internet for no fee.
Issue committee shall mean:
(1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the
purpose of accepting contributions or making expenditures to support or oppose any ballot issue or
ballot question; or and
(2) Any person that has accepted contributions for the purpose of supporting or opposing any ballot issue
or ballot question; and
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(3) Any person or associated persons upon making independent expenditures of five thousand dollars
($5,000) or more for the purpose of supporting or opposing any ballot issue or ballot question.
Issue committee shall not include small‐scale issue committees as otherwise defined in this Section.
Person shall mean any individual, partnership, committee, association, corporation, labor organization or other
organization or group of persons.
Political committee shall mean:
(1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the
purpose of accepting contributions or making expenditures to support or oppose one (1) or more
candidates; and.
(2) Any person that has accepted contributions for the purpose of supporting or opposing one (1) or more
candidates; and
(3) Any person or associated persons upon making independent expenditures of five thousand dollars
($5,000) or more for the purpose of supporting or opposing one (1) or more candidates, or any person
or associated persons that collect five thousand dollars ($5,000) or more for the purpose of making
independent expenditures.
Political committee shall not include candidate committees as otherwise defined in this Section. Political
committees do notare prohibited from coordinatinge their activities with a candidate.
Political message shall mean a message delivered by telephone, any print or electronic media or other written
material which advocates the election or defeat of any candidate or which unambiguously refers to such
candidate.
Public announcement shall mean:
(1) Registration of a candidate committee; or
(2) A statement made by the candidate signifying an interest in, or exploring the possibility of, seeking the
office by means of a speech, advertisement or other communication reported or appearing in public
media or in any place accessible to the public, including social media, that a reasonable person would
expect to become public.
Registered agent shall mean a natural person designated by or representing a committee and responsible to
receive mailings, respond to inquiries regarding the committee, to receive complaints related to the committee,
and timely filing campaign finance reports and other filings required pursuant to this Chapter.
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.
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Social media shall mean any electronic medium, including an interactive computer service, application, or data
network, that allows users to create, share, and view user‐generated content, including but not limited to videos,
still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.
Termination report shall mean a final report prepared by a candidate committee, issue committee or political
committee and filed with the City Clerk which discloses the committee's contributions received, expenditures
made and obligations entered into, when the following conditions have been met:
(1) The committee no longer intends to receive contributions or make expenditures; and
(2) A zero (0) balance exists in the account established and maintained under Subsection 7‐135(f) and the
committee has no outstanding debts or obligations.
Unexpended campaign contributions shall mean the balance of funds on hand in any candidate committee, issue
committee, political committee or small‐scale issue committee following an election, less the amount of all unpaid
monetary obligations incurred prior to the election.
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 1, 11‐6‐01; Ord. No. 021, 2016, § 9, 3‐1‐16 ; Ord. No. 005,
2017 , § 5, 1‐17‐17; Ord. No. 045, 2018 , §§ 3, 4, 4‐3‐18; Ord. No. 077, 2018 , §§ 5, 6, 6‐19‐18; Ord. No. 113, 2018 ,
§ 2, 9‐4‐18)
Sec. 7‐133. Candidate affidavit; disclosure statement; failure to file.
(a) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the City Clerk
within ten (10) days, that the candidate is familiar with the provisions of this Article.
(b) Each candidate shall file a financial disclosure statement pursuant to § 2‐636 with the City Clerk at the same
time as filing an acceptance of nomination.
(c) Failure of any person to file the affidavit or disclosure statement required under this Section shall result in
the disqualification of such person as a candidate for the office being sought.
(d) The requirements of this Section shall not apply to any elected official who is the subject of recall
proceedings.
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 2, 11‐6‐01; Ord. No. 045, 2018 , § 5, 4‐3‐18)
Sec. 7‐134. Registration of committees; termination.
(a) All candidate committees, political committees and issue committees shall register with the City Clerk before
accepting any contributions or making any expenditures. Registration must be on a form provided by the City
Clerk and must include the following, together with any other information required to complete the
registration form.
(1) The committee's full name, spelling out any acronyms used therein;
(2) The name of a natural person authorized to act as a registered agent for the committee;
(3) A current street address, mailing address (if different from the street address), telephone number and
email address for the principal place of business of the committee;
(4) A current mailing address, telephone number and email address for the registered agent;
(5) The purpose or nature of interest of the committee;
(6) The date of the election regarding which the committee intends to be active;
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(7) The name and address of the financial institution in which all contributions received by the committee
are deposited in a separate account bearing, in the case of a candidate committee, the name of the
committeecandidate, or in the case of a political or issue committee, the name of the person
authorized to act as the registered agent for the committee, and documentation of such account
reasonably satisfactory to the City Clerk; and
(8) An acknowledgement and certification signed by the registered agent and, for any candidate
committee, the candidate.
(b) A registered committee must promptly provide updated address, telephone and email information to the
City Clerk upon the change of such information for the committee or the registered agent of the committee,
or any change in financial institution or account.
(c) Any candidate committee, political committee, issue committee or registered small‐scale issue committee
that has registered with the City Clerk, but has not engaged in any election activities or reported any
contributions accepted or expenditures made, may terminate at any time by filing an amended committee
registration indicating the nature of the amendment is termination of the committee and verifying that no
contributions have been received or expenditures made since registration occurred pursuant to § 7‐134.
Alternatively, the committee shall file a campaign report indicating no contributions have been received or
expenditures made, and indicating it is a termination report.
(d) Any political committee, issue committee or registered small‐scale issue committee that has not taken the
necessary steps to terminate pursuant to Subsection (c) above must have properly disposed of all funds and
must file a termination report no later than seventy (70) days after the election.
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 3, 11‐6‐01; Ord. No. 045, 2018 , § 6, 4‐3‐18; Ord. No. 077,
2018 , § 7, 6‐19‐18; Ord. No. 113, 2018 , § 3, 9‐4‐18; Ord. No. 121, 2020 , 10‐20‐20)
Sec. 7‐135. Campaign contributions/expenditures.
(a) Limits.
(1) 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. 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:
a. Contributions or contributions in kind made by a candidate to his or her own candidate
committee;
b. Independent expenditures;
c. 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
d. Contributions made to a candidate committee by another candidate committee established by
the same candidate for the office of Mayor or Councilmember.
(2) No person may make contributions and/or contributions in kind totaling more than one hundred
dollars ($100.) to a political committee.
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Page 6 of 17
(3) 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.
(b) Limited Liability Company Contributions. A limited liability company ("LLC") may make contributions or
contributions in kind to candidate committees or political committees subject to the following requirements
and all other applicable limits of this Section:
(1) Any contribution from an LLC shall count against contribution limits for both the LLC itself and the
individual members of the LLC as apportioned according. The amount a person contributes as an
individual member of the LLC shall count towards the aggregate contribution limit for that person in
Subsection (a) herein.
(2) The LLC shall provide the candidate committee or political committee with a written statement
affirming the permissibility of the contribution on a form provided by the City Clerk. The affirmation
shall include:
a. The name and address of the LLC and each LLC member;
b. Information on how the contribution is attributed among the LLC members, which attribution
must reflect the capital each member has invested in the LLC relative to the total amount of
capital invested in the company, or the percentage of ownership each member has in the LLC as
of the date of the contribution.
(3) No candidate committee or political committee shall accept a contribution from an LLC unless the LLC
provides the written affirmation in compliance with this Section before the contribution is deposited by
the committee.
(4) The candidate committee or political committee receiving the contribution shall:
a. List both the individual LLC members' names and the name of the LLC as contributors on
disclosure reports; and
b. Retain the affirmation statements for one (1) year after the date of the election; provider
however, in the event a complaint is filed against the committee, the committee must maintain
the affirmations until the final disposition of the complaint.
(5) As used in this Subsection (b), "limited liability company" shall have the same meaning as "domestic
limited liability company" as defined in Section 7‐90‐102(15), C.R.S., or "foreign limited liability
company" as defined in Section 7‐90‐102(24), C.R.S., as amended.
(c) Joint contributions. No person shall make a contribution jointly with another person through the issuance of
a check drawn on a jointly owned account unless: (i) the total amount of the joint contribution is less than
the maximum amount that can be contributed by one (1) person under the contribution limits established in
Subsection (a) of this Section or (ii) the check is signed by all owners of the account, in which event the
amount of the total contribution shall be allocated equally among all such persons unless a different
allocation is specified on the face of the check. No candidate committee shall knowingly accept a
contribution made in violation of this Subsection (bc).
(d) Contributions in excess of limits. No later than ten (10) business days after receiving a contribution in excess
of the limits set forth in this Section, the candidate committee that received the contribution shall remit the
excess to the contributor.
(e) No candidate committee, issue committee, small‐scale issue committee or political committee shall
knowingly accept contributions from any person who is not a citizen of the United States, from a foreign
government or from any foreign corporation that does not have authority to transact business in this State
pursuant to Article 115 of Title 7, C.R.S.
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Page 7 of 17
(f) No issue committee, small‐scale issue committee or political committee shall make a contribution or
contribution in kind to any candidate other committee.
(g) Contributions from one (1) candidate committee to another.
(1) No candidate committee shall make a contribution or contribution in kind to, or accept a contribution
or contribution in kind from, a candidate committee of another candidate.
(2) No candidate committee shall accept a contribution or contribution in kind from a candidate
committee of the same candidate that was established or maintained for a federal, state or county
election campaign or office.
(h) 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 committeethat complies with Subsection 7‐
134(a)(7). Following any election in which the committee received contributions, All the committee
shall maintain all records pertaining to contributions and related accounts shall be maintained by the
committee for one (1) year following any electionthe date the final disclosure report is due under
Section 7‐136 or the date the committee terminates, whichever is later, 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 shall be subject to inspection in connection with any investigation or other action to
enforce the terms of this Article.
(2) Following any election in which the committee made any expenditure, the committee shall document
all expenditures and shall maintain All expenditures shall be documented and all records pertaining to
said expenditures, including but not limited to invoices, receipts, instruments of payment, and copies
of any public communications produced as a result of the expenditure, shall be maintained by the
committee for one (1) year following the date the final disclosure report is due under Section 7‐136 or
the date the committee terminates, whichever is later,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.
(i) Reimbursements prohibited. No person shall make a contribution to a candidate committee, issue
committee, small‐scale issue committee or political committee with the expectation that some or all of the
amounts of such contribution will be reimbursed by another person. No person shall be reimbursed for a
contribution made to any candidate committee, issue committee, small‐scale issue committee or political
committee, nor shall any person make such reimbursement. An unexpended campaign contribution returned
to a contributor by a candidate committee pursuant to § 7‐135(c) shall not be considered a reimbursement.
(j) A candidate committee, issue committee, small‐scale issue committee or political committee shall not
coordinate its expenditures or share information with any other such committee in a manner that
circumvents any restrictions or limitations on campaign contributions, expenditures or reporting set forth in
this Article.
Formatted: Highlight
Commented [RM1]: Is this to address the prohibition of
political committees (as revised) coordinating with
candidate committees?
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Page 8 of 17
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 189, 2000, § 1, 1‐2‐01; Ord. No. 148, 2001, § 4, 11‐6‐01; Ord. No. 005,
2017 , § 6, 1‐17‐17; Ord. No. 077, 2018 , § 8, 6‐19‐18; Ord. No. 113, 2018 , §§ 4, 5, 9‐4‐18; Ord. No. 109, 2020 , § 3,
9‐15‐20; Ord. No. 112, 2020 , §§ 2, 3, 9‐15‐20)
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 a contribution or a contribution in kind; expenditures made; and obligations entered into by the
committee.
(b) For purposes of complying with the requirements of this Section, an issue committee, political committee or
small‐scale 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 except to the extent
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 as follows:
(1) All committees must file reports on the following dates:
a. the thirty‐fifth (35th ) day before the election;
b. the twenty‐first (21st ) day before the election;
c. the fourteenth (14th ) day before the election;
d. no later than noon on the Friday before the election;
e. the thirty‐fifth (35th ) day after the election; and
f. the seventieth (70th ) day after the election.
(2) Candidate committees that continue in operation must file a report 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.
(3) 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, and the total of expenditures made during the reporting period
and the name and address of the financial institution used by the committee or party.
(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 Section 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. Notwithstanding the foregoing, the report that is due by noon on
the Friday before the election must be filed by noon regardless of the manner of filing.
(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 shall be subject to the penalties and process in § 7‐143.
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Page 9 of 17
(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 Section shall not
apply to a small‐scale issue committee. To the extent there is any conflict between the small‐scale issue
committee provisions of Subparagraphs (i), (j), (k), and (l) of this Section 7‐136, those Subparagraphs shall
control. 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 and fifty dollars
($2050.) 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 and fifty dollars ($2500.) 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 and fifty dollars
($2500.). The registration required by this subparagraph must be on a form provided by the City Clerk
and must include the following, together with any other information required to complete the
registration form:
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 current street address, mailing address (if different from the street address), telephone
number and email address for the principal place of business of the committee;
d. A current mailing address, telephone number and email address for the registered agent;
e. The purpose or nature of interest of the committee;
f. The date of the election regarding which the committee intends to be active;
g. The name and address of the financial institution in which all contributions received by the
committee are deposited in a separate account bearing the name of the committee, and
documentation of such account reasonably satisfactory to the City Clerk; and
h. An acknowledgement and certification signed by the registered agent and, from any candidate
committee, the candidate.
(3) A registered small‐scale issue committee must promptly provide updated address, telephone and email
information to the City Clerk upon the change of such information for the committee or the registered
agent of the committee, or any change in financial institution or account.
(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:
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Page 10 of 17
(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.
(m) Any political committee or issue committee formed prior to July 1, 2017, will be deemed to have been
formed for an election held prior to said date, and shall be deemed terminated and shall cease to operate as
a committee as of April 13, 2018, except that any such terminated committee and persons responsible for
the operation of such committee shall continue to be subject to the limitations on disbursement of funds set
forth in § 7‐138.
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 189, 2000, § 2, 1‐2‐01; Ord. No. 148, 2001, § 5, 11‐6‐01; Ord. No. 173,
2014, § 7, 12‐16‐14 ; Ord. No. 021, 2016, § 10, 3‐1‐16 ; Ord. No. 005, 2017 , § 8, 1‐17‐17; Ord. No. 045, 2018 , § 7—
11, 4‐3‐18; Ord. No. 077, 2018 , § 9, 6‐19‐18; Ord. No. 113, 2018 , § 6, 9‐4‐18; Ord. No. 109, 2020 , § 4, 9‐15‐20)
Sec. 7‐137. Reports to be public record.
(a) Upon receipt of any campaign report submitted pursuant to this Article, the City Clerk shall make available
such report for public inspection and post the report on the City's website no later than the next business
day.
(b) No information contained in any campaign report submitted pursuant to this Article shall be sold or used by
any person for the purpose of soliciting contributions or for any commercial purpose.
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 6, 11‐6‐01; Ord. No. 021, 2016, § 11, 3‐1‐16 )
Sec. 7‐138. Unexpended campaign contributions.
(a) Unexpended campaign contributions to a candidate committee may be:
(1) Contributed to a political party;
(2) Contributed to a candidate committee established by the same candidate for a subsequent campaign
in a City election, or to a candidate committee established after January 1, 2021, for a non‐City
election, to the extent permitted by applicable law. For a City election, such contributions are subject
to the limitations set forth in Paragraph 7‐135(g)(2);
(3) Donated to a charitable organization recognized by the Internal Revenue Service;
(4) Returned to the contributors;
(5) Used to pay for the cost of a recount requested by the candidate pursuant to § 7‐46.
In no event shall contributions to a candidate committee be used for personal purposes not reasonably related to
supporting the election or retention of the candidate.
(b) In addition to any use described in Subsection (a) of this Section, a person elected to the office of Mayor or
Councilmember, or retained in office following a recall attempt, may use unexpended campaign
contributions held by the person's candidate committee for any of the following purposes:
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(1) Voter registration;
(2) Political issue education, which includes obtaining information from or providing information to the
electorate;
(3) Postsecondary educational scholarships;
(4) To defray reasonable and necessary expenses related to mailings and similar communications to
constituents;
(5) Any expenses that are directly related to such person's official duties as an elected official, including,
but not limited to, expenses for the purchase or lease of office equipment and supplies, room rental for
public meetings, necessary travel and lodging expenses for legislative education such as seminars,
conferences and meetings on legislative issues, and telephone and pager expenses.
(c) A candidate committee for a former officeholder or a person not elected to office shall expend all of the
unexpended campaign contributions retained by such candidate committee, for the purposes specified in
Subsection (a) of this Section, no later than five (5) years from the date such officeholder's term expired or
from the date of the election at which such person was a candidate for office, whichever is later.
(d) Unexpended campaign contributions to an issue committee or political committee may be donated to any
charitable organization recognized by the Internal Revenue Service, returned to the contributor, or used to
pay for the cost of a recount requested by the committee's registered agent pursuant to § 7‐46.
(e) Any unexpended campaign contributions held by a candidate committee subsequent to the date of the
election shall, upon the registration of a candidate committee for a City office in a subsequent election, be
available for that candidate committee as a beginning fund balance to use in that election. Such carryover
funds will not count against any contribution limit attributable to any past contributor in a prior election
campaign. Absent the candidate registering a candidate committee for a City office in a subsequent election,
the unexpended campaign contributions may be used as otherwise set forth in this Section.
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 7, 11‐6‐01; Ord. No. 021, 2016, § 12, 3‐1‐16 ; Ord. No.
109, 2020 , § 5, 9‐15‐20)
Sec. 7‐139. Independent expenditures.
(a) Any person, excluding a committee required to register under this Article, who makes independent
expenditures in connection with any particular ballot totaling in the aggregate more than two hundred fifty
dollars ($250.) shall report any such independent expenditures made after that threshold is met to the City
Clerk on a form provided by the City Clerk no later than three (3) business days after the day that funds are
obligated to pay for said independent expenditure. Said notice shall include the following information,
together with any other information required by the City Clerk:
(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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(b) 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.
(c) All independent expenditures shall be documented and all records pertaining to independent expenditures,
including but not limited to invoices, receipts, instruments of payment, and copies of any public
communications produced as a result of the expenditure, 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.
(d) Any person or persons, excluding a committee otherwise required to register under this Article, who makes
or make independent expenditures in connection with any particular ballot (including either candidate races
or ballot questions or issues) totaling in the aggregate five thousand dollars ($5,000) or more dollars
($5,000.), shall register as an issue committee or political committee, as applicable, within two (2)
calendarthree (3) business days of having made such expenditures. The initial report of any such
committee shall provide the dates of any reports of independent expenditures previously made and the
source of funds for said previously reported expenditures.
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 8, 11‐6‐01; Ord. No. 005, 2017 , § 7, 1‐17‐17; Ord. No.
077, 2018 , § 10, 6‐19‐18; Ord. No. 113, 2018 , § 7, 9‐4‐18)
Sec. 7‐140. Responsibility for communications.
(a) Required Statements.
(1) Whenever a candidate, candidate committee, issue committee, political committee or registered small‐
scale issue committee makes an expenditure for the purpose of financing communications expressly
advocating a particular result in an election, or solicits any contribution or contribution in‐kind through
any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing or any other
type of general public political advertising, such communication if paid for or authorized by a
candidate, candidate committee, issue committee, political committee, registered small‐scale issue
committee, or any agent for the same, shall clearly state that the communication is paid for by that
candidate, candidate committee, issue committee, political committee or registered small‐scale issue
committee.
(2) Whenever any person makes an independent expenditure in excess of the reporting threshold in § 7‐
139 for the purpose of financing communications expressly advocating for a particular result in an
election, such communication shall clearly state that the communication is paid for by that person.
(b) In regard to the different forms of communication set forth in subsection (a) of this Section 7‐140,
"communication" shall include, but shall not be limited to:
(1) Websites or social media of a candidate, candidate committee, issue committee, political committee or
registered small‐scale issue committee available to the general public;
(2) Websites or social media of a person if and to the extent they are financed by independent
expenditures in excess of the reporting threshold in § 7‐139 and are available to the general public; and
(3) Advertisements placed for a fee on another person's website or social media.
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(c) The statement required by this Section 7‐140 must be clear and conspicuous in the communication. The
statement required herein shall not apply to communications where including the statement would be
impractical, such as:
(1) Bumper stickers, pins, buttons, pens and similar small items upon which the disclaimer cannot be
conveniently printed;
(2) Skywriting, water towers, wearing apparel, or other means of displaying an advertisement of such a
nature that the inclusion of a disclaimer would be impracticable; or
(3) Checks, receipts, and similar items of minimal value that are used for purely administrative purposes
and do not contain a political message.
(d) Nothing herein shall be deemed to alleviate any person from complying with federal campaign finance law,
as applicable.
(Ord. No. 113, 2018 , § 8, 9‐4‐18)
Sec. 7‐141. Expenditures for political advertising; rates and charges.
(a) No candidate committee shall pay to any radio or television station, newspaper, periodical, internet
advertiser or website provider, social media provider or other supplier of materials or services a higher
charge than that normally required for local commercial customers for comparable use of space, materials or
services. Any such rate shall not be rebated, directly or indirectly.
(b) Any radio or television station, newspaper, internet advertiser or website provider, social media provider or
periodical that charges an issue committee, small‐scale issue committee or candidate a committee a lower
rate for use of space, materials or services than the rate such station, newspaper, internet advertiser or
website provider, social media provider or periodical or supplier charges another issue committee or
candidate committee for the same ballot measure or public office for comparable use of space, materials or
services shall report the difference in such rate as a contribution in kind to the committee that is charged
such lower rate.
(c) Nothing in this Article shall be construed to prevent an adjustment in rates related to frequency, volume,
production costs and agency fees if such adjustments are offered consistently to other advertisers.
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 077, 2018 , § 11, 6‐19‐18; Ord. No. 113, 2018 , § 9, 9‐4‐18)
Sec. 7‐142. Encouraging withdrawal from campaign prohibited.
No person shall offer or give any candidate or candidate committee any money or any other thing of value for the
purpose of encouraging the withdrawal of the candidate's candidacy, nor shall any candidate offer to withdraw a
candidacy in return for money or any other thing of value.
(Ord. No. 162, 2000, § 1, 11‐21‐00)
Sec. 7‐143. Violations and penalties.
(a) Except as provided in Subparagraph (e) herein, any person who knowingly violates or fails to comply with the
provisions of this Article as set forth in the following schedule commits a civil infraction and is subject to a
civil penalty as follows:
Code Section Penalty Amount
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7‐133 – Candidate affidavit; disclosure statement;
failure to file
$___ first offense; $____ each subsequent offense
7‐134 ‐ Registration of committees; termination. $150 first offense; $300 each subsequent offense
7‐135 ‐ Campaign contributions/expenditures. $100 first offense; $200 each subsequent offense
7‐136 ‐ Disclosure; filing of reports. $100 first offense; $200 each subsequent offense
7‐137(b) ‐ Reports to be public record. $50 first offense; $100 each subsequent offense
7‐138 ‐ Unexpended campaign contributions. $100 first offense; $200 each subsequent offense
7‐139 ‐ Independent expenditures $100 first offense; $200 each subsequent offense
7‐140 ‐ Responsibility for communications. $50 first offense; $100 each subsequent offense
7‐141 ‐ Expenditures for political advertising; rates and
charges.
$50 first offense; $100 each subsequent offense
(b) Any person who undertakes any of the following commits a misdemeanor and is subject to a fine or
imprisonment in accordance with § 1‐15:
(1) Knowingly violates § 7‐136 with the intent to fraudulently misrepresent campaign contributions or
expenditures on a disclosure report;
(2) Knowingly violates § 7‐142; or
(3) Is found liable for a violation after the person has been found liable for two (2) or more violations
under this Article in a single election cycle.
(c) Failure to comply with the provisions of this Article shall have no effect on the validity of any election, except
as expressly required by the City Charter.
(Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 109, 2020 , § 6, 9‐15‐20)
Sec. 7‐144. Severability.
If any provision of this Article or the application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of the Article which can be given effect without the
invalid provision or application, and to this end the provisions of this Article are declared to be severable.
(Ord. No. 162, 2000, § 1, 11‐21‐00)
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 person, candidate, candidate committee, issue
committee, small‐scale issue committee or political committee may file a written complaint with 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;
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(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) For complaints that allege a criminal violation as set forth in § 7‐143(b), the City Clerk will forward the
complaint to the respondent and to the City Attorney, who will evaluate the complaint for probable cause as
provided for in this Division 2.
(d) For complaints that do not allege a criminal violation, the complaints shall be subject to a civil infraction
process as provided herein:
(1) The City Clerk will forward the complaint to the respondent by electronic mail, notifying the
respondent that the alleged violation may be subject to a civil infraction.
(2) The City Clerk will forward the complaint to the City Attorney, who shall review the complaint to
determine whether the complaint:
a. Was timely filed under § 7‐145(a);
b. Contains the information required by § 7‐145(b); and
c. Alleges sufficient facts to support a factual and legal basis for the violations alleged.
(3) If the City Attorney determines that the complaint fails to satisfy any of the three (3) elements in the
immediately preceding Subsection (2), the City Attorney shall so notify the City Clerk who will, in turn,
notify the complainant and respondent in writing.
(4) If the City Attorney determines that the complaint satisfies the three (3) elements in the immediately
preceding Subsection (2), the City Attorney shall notify the City Clerk who will, in turn, notify the
respondent in writing of the presumptive penalty in accordance with § 7‐143(a) and that the
respondent shall have seven (7) days from the date of the notice to submit written evidence of its cure
or diligent efforts to cure the violation, including any amendments to any applicable report containing
one or more deficiencies, modified campaign materials or other proof that the violation has been
corrected. The respondent's written response shall be due to the City Clerk no later than 5:00 p.m. on
the seventh (7th ) day. In the event the seventh (7th ) day is a City holiday, the response shall be due no
later than 5:00 p.m. the next business day.
(5) On receipt of the respondent's written response, the City Attorney may, through the City Clerk, ask the
respondent to provide more information and may grant the respondent an extension of time of up to
seven (7) additional days to file an amended response regarding cure in order to respond to any such
request.
(6) After the period for cure has expired, the City Attorney shall determine whether the respondent has
cured any violation alleged in the complaint and, if so, whether respondent has substantially complied
with its legal obligations under Chapter 7, Article 5, of this Code. In determining whether the
respondent has substantially complied with its legal obligations, the City Attorney shall consider:
a. The extent of the respondent's noncompliance;
b. The purpose of the provision violated and whether that purpose was substantially achieved
despite the noncompliance; and
c. Whether the noncompliance may properly be viewed as a knowing attempt to mislead the
electorate or election officials.
If the City Attorney determines the respondent has cured any violation or otherwise substantially complied with its
legal obligations under Chapter 7, Article 5, the City Attorney shall so notify the City Clerk who, in turn, shall notify
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the complainant and the respondent and no penalty shall apply for the corresponding alleged violation or
violations, as applicable.
(7) If the City Attorney determines the respondent has not cured the alleged violation or otherwise
substantially complied with its legal obligations, the City Attorney may conduct additional review or
investigation of the allegations of the complaint to determine whether to file a complaint with the
Municipal Court.
(8) If the City Attorney files a complaint with the Municipal Court, the matter shall be governed by Article
V of Chapter 19 of this Code.
(9) A complainant or any other nonrespondent shall not be a party to the City Attorney's initial review,
cure proceedings, investigation, or any proceeding in the Municipal Court. A complainant may request
permission from the Municipal Judge or their designee to file an amicus curiae brief.
(10) Any person that commits a violation of shall be personally liable for the penalties imposed. If the
person’s conduct constituting the violation was a result of that person’s involvement with a committee,
the person may use the committee’s contributions to pay penalties. Any candidate shall be personally
liable for penalties imposed upon the candidate or the candidate's committee and may use campaign
contributions to pay penalties.
(Ord. No. 005, 2017 , § 9, 1‐17‐17; Ord. No. 113, 2018 , § 10, 9‐4‐18; Ord. No. 109, 2020 , § 7, 9‐15‐20)
Sec. 7‐146. Evaluation of campaign complaint.
(a) For those complaints that concern a criminal violation pursuant to § 7‐143(b), 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 and respondent 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.
(c) 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.
(Ord. No. 005, 2017 , § 9, 1‐17‐17; Ord. No. 109, 2020 , § 8, 9‐15‐20)
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.
(Ord. No. 005, 2017 , § 9, 1‐17‐17)
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.
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(Ord. No. 005, 2017 , § 9, 1‐17‐17)
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.
(Ord. No. 005, 2017 , § 9, 1‐17‐17)
Sec. 7‐150. Reserved.
Editor's note(s)—Ord. No. 109, 2020 , § 9, adopted September 15, 2020, repealed § 7‐150, which pertained to
action by complainant, and derived from Ord. No. 005, 2017 , § 9, adopted January 17, 2017.
Secs. 7‐151—7‐154. Reserved.