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HomeMy WebLinkAbout121 - 10/03/2000 - AMENDING CITY CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITS ORDINANCE NO. 121, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 7-127 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO CAMPAIGN CONTRIBUTION LIMITS WHEREAS, Article VIII, Section 8 of the Charter of the City of Fort Collins provides that the City 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; and WHEREAS, Section 7-127 of the Code of the City of Fort Collins provides that no person may make contributions in excess of fifty dollars($50.00)to any candidate or authorized committee of such candidate; and WHEREAS, the Council has determined that Section 7-127 of the City Code should be amended to increase the contributions limits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 7-127 of the Code of the City of Fort Collins be amended to read as follows: Sec. 7-127. Limits. (a) No person may make contributions or contributions in kind totalling more than one hundred dollars ($100.) to any candidate for the office of Mayor or the candidate committee of such candidate. No person may make contributions or contributions in kind totalling more than seventy five dollars($75.) to any candidate for the office of Councilmember or the candidate committee of such candidate. These limitations shall apply to all contributions or contributions in kind, whether made directly to a candidate or candidate committee or indirectly via earmarked gifts passed through an intermediary, except that these limitations shall not apply to: (1) Contributions or contributions in kind made by a candidate to his or her own candidate committee; (2) Independent expenditures; (3) Monetary loans that are: (a) personally guaranteed in writing by the candidate, the candidate's immediate family or a business entity in which the candidate owns at least five (5) percent; or (b) secured by real or personal property owned by the candidate, the candidate's immediate family or a business entity in which the candidate owns at least five (5) percent; or (4) The value of volunteer services provided without compensation by individuals volunteering their time on behalf of a candidate or a candidate committee. (b) For the purposes of this Section, the following definitions shall apply: 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 or has been chosen to fill any vacancy in the office of Mayor or Councilmember. Candidate committee shall mean a person, including the candidate, or persons with the common purpose of receiving contributions and making expenditures under the authority of a candidate. A candidate shall have only one candidate committee. A candidate committee shall be considered open and active until affirmatively closed by the candidate or by action of the secretary of state. Contribution shall mean: (1) The payment, loan, pledge, or advance of money, or guarantee of a loan, made to any candidate committee; (2) Any payment made to a third party for the benefit of any candidate committee; (3) The fair market value of any gift or loan of property made to any candidate committee; (4) Anything of value given,directly or indirectly,to a candidate for the purpose of promoting the candidate's nomination, retention, recall, or election; or (5) 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 equal to the value in excess of such compensation or consideration as determined by the candidate committee. Contribution shall not include services provided without compensation by individuals volunteering their time on behalf of a candidate, candidate committee, political committee, issue committee, or political party. Contribution in kindshall 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 for the purpose of influencing 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 by any person and shall not include the payment of compensation for legal and accounting services rendered to a candidate 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 section or the provisions of the state Fair Campaign Practices Act. Independent expenditure shall mean payment of money by any person for the purpose of advocating the election or defeat 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, but shall not include expenditures made by persons, other than political parties and political committees, in the regular course and scope of their business and political messages sent solely to their members. Person shall mean any individual, partnership, committee, association, corporation, labor organization or other organization or group of persons. Introduced, considered favorably on first reading, and ordered published this 19th day of September, A.D. 2000, and to be presented for final passage on the 3rd day of October, A.D. 2000. cam- Mayor Pro Tem AITE ST: City Clerk Passed and adopted on final reading this 3rd day of October, A.D. 2000. Mayor ATTEST: - )LL-1 City Clerk