HomeMy WebLinkAbout189 - 01/02/2001 - AMENDING CITY CODE RELATING TO ELECTION CAMPAIGN DISCLOSURES AND REPORTING REQUIREMENTS ORDINANCE NO. 189, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 7-136 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO ELECTION CAMPAIGN DISCLOSURES
AND REPORTING REQUIREMENTS
WHEREAS, in 1996,the voters of the state of Colorado approved an initiative enacting the
Fair Campaign Practices Act(the "FCPA")to help ensure that elections in the state,and the political
processes related thereto,are free from undue influence by wealthy contributors and special interest
groups; and
WHEREAS, the City Council agrees that the interests of the public are best served by
limiting campaign contributions, full and timely disclosure of campaign contributions and strong
enforcement of campaign laws; and
WHEREAS, the Council believes that these interests can best be advanced with regard to
local elections by local laws regulating the campaign activities related to such elections; and
WHEREAS,on November 21,2000,the City Council adopted on second reading Ordinance
No. 162, 2000, which approved a new Article V of Chapter 7 of the City Code establishing local
election campaign provisions, which provisions supersede the provisions of the FCPA; and
WHEREAS,Article V of Chapter 7 of the City Code permits contributions and contributions
in kind to be made by a candidate committee to another candidate committee of the same candidate
if the contributing committee was established in connection with the candidate's bid for election to
the office of Mayor or Councilmember; and
WHEREAS, the initial contributions or contributions in kind made by individual persons
to the contributing committee are subject to the limits imposed by Section 7-135(a)of the City Code
and, therefore, such contributions or contributions in kind need not be subject to those limitations
when transferred to another candidate committee of the same candidate; and
WHEREAS, while the FCPA and said Article V of Chapter 7 of the City Code require all
candidate committees, political committees, issue committees and political parties to report
contributions received,expenditures made, and obligations entered into by the committee or party,
neither requires the reporting of contributions in kind; and
WHEREAS,the Council believes that the interests of the public are best served by requiring
the reporting of contributions in kind.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 7-135(a) of the Code of the City of Fort Collins be amended to
read as follows:
Sec. 7-135. Campaign contributions.
(a) No person may make contributions and/or contributions in kind totaling
more than one hundred dollars ($100.) to the candidate committee of any candidate
for the office of mayor. No person may make contributions and/or contributions in
kind totaling more than seventy-five dollars($75.)to the candidate committee of any
candidate for the office of councilmember. No person shall make a contribution or
contribution in kind in the name of another person or knowingly permit one's name
to be used by another person to effect such a contribution or contribution in kind.
These limitations shall apply to all contributions or contributions in kind, whether
made directly to a candidate committee or indirectly via earmarked gifts passed
through an intermediary, except that these limitations shall not apply to:
(1) Contributions or contributions in kind made by a candidate to his or her
own candidate committee;
(2) Independent expenditures;
(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) Contributions made to a candidate committee by another candidate
committee established by the same candidate for the office of mayor or
councilmember.
Section 2. That Section 7-136(a) of the Code of the City of Fort Collins be amended to
read as follows:
Sec. 7-136. Disclosure; filing of reports.
(a) All candidate committees,political committees,and issue committees shall
report to the City Clerk their contributions and contributions in kind received,
including the name and address of each person who has made contributions or
contributions in kind in the amount of twenty dollars ($20.) or more; expenditures
made; and obligations entered into by the committee.
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Introduced and considered favorably on first reading and ordered published this 19th day of
December, A.D. 2000, and to be presented for final passage on the 2nd day of January, A.D. 2001.
Mayor
ATTEST:
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City Clerk
Passed and adopted on final reading this 2nd day of January, A.D. 2901.
Mayor
ATTEST:
City Clerk
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