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Home My WebLink About131 - 10/06/1981 - AMENDING THE CITY CODE TO ESTABLISH LIMITATIONS REGARDING CAMPAIGN CONTRIBUTIONS, PURSUANT TO ARTICL ORDINANCE NO 131 , 1981 / OF THE COUNCIL OF THE CI7"F FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS / TO ESTABLISH LIMITATIONS REGARDING CAMPAIGN CONTRIBUTIONS, PURSUANT TO ARTICLE XVII, SECTION 9 OF THE CITY CHARTER / WHEREAS, the electors of the City of Fort Collins /mandated at the April 7, 1981 General Election that the City Council act by ordinance to establish a ceiling limit on the amount that any person or entity may contribute in support of or in opposition to any initiative, referendum, or candidate on the ballot at any City election, and WHEREAS, said mandate was, at the April 7, 1981 General Election, made a part of the City Charter by inclusion therein in/Article XVII, Section 9, "Contributions Limits", and WHEREAS, pursuant to said Charter amendment, the City Council does hereby establish campaign contribution limitations and a reporting and enforcement system associated therewith NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 9 of the Code of the City of Fort Collins be amended by the addition of Article VI to provide as follows ARTICLE VI Campaign Contributions §9-15 Definitions As used in this article, unless the context otherwise requires (A) "Candidate" means any person who seeks election to the City Council A person is a candidate for election if he has publicly announced his inten- tion to seek election to the City Council , has filed nominating petitions for the City Council , or as an incumbent receives contributions or contributions in kind (B) / "Committee" means any political committee composed / of two or more persons who are elected, appointed or chosen, or who have associated themselves or cooperated for the purpose of accepting contribu- tions or contributions in kind to support or oppose a candidate for City Council or seek to influence the passage or defeat of any issue 1�fec;,jed o�-. 5ecor�d T�'ead., ry I o/&Wa "Committee" includes a separate political educa- tion or political action fund or committee which is associated with an organization or association formed principally for some other purpose and includes an organization or association formed principally for some other purpose insofar as it makes contributions or contributions in kind or expenditures (C) "Contribution" means a gift, loan, pledge or advance in money, or a guarantee of a loan made to or for any candidate or political committee for the purpose of influencing the passage or defeat of any issue or the nomination, retention, elec- tion, or defeat of any candidate "Contribution" includes a transfer of any money between one committee and another, the payment of any money by any person other than a committee working on a candidate's behalf for political services rendered to the candidate or committee, any payment made to third parties at the request of or with the prior knowledge of a candidate, committee, or agent of either, and any payment made after an election to meet any deficit or debt incurred during the course of the campaign "Contribution" does not include services provided without compensation by individuals volunteering their time on behalf of a candidate or committee Any transfer of money between committees is an expenditure by the committee which dispenses the money and is a contribution to the committee which receives the money (D) "Contribution to Kind" means a gift or loan of any item of real or personal property other than money made to or for any candidate or 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 are a contribution in kind by the person paying compensation therefor, volunteer services are not included "Contribution in Kind" does not include an endorsement of candidacy or issue by any person In determining the value to be placed on contributions in kind, a reasonable estimate of fair market value shall be used -2- (E) "Election" means any general or special election, or any election at which an issue is submitted to the electorate as required or permitted by law "Election" includes a recall election held pur- suant to law (F) "Issue" means any proposition or initiated or referred measure which is to be submitted to the electors for their approval or rejection An issue includes the recall of any Councilmember (G) "Person" means any individual , partnership, committee, association, corporation, labor organ- ization, or any other organization or group of persons §9-16 Filing Responsibility Each candidate or each committee supporting or opposing one or more City Council candidates or any issue in any City election, shall file with the City Clerk campaign statements in accordance with the following time limitations ( 1 ) not later than eleven days prior to the election, and, ( ii ) not later than tnirty days after the election §9-17 Campaign Statements - Contents The campaign statement shall consist of an itemized, sworn statement showing in detail all contributions made in support of or in opposition to any candidate, issue, initiative or referendum Such statements shall provide the name and address of each person who made a contribution, the amount of each such contribution and the purpose for which such contribution was made In the event that a contribution is made to a multti- purpose committee, the specific purpose of the contri- bution shall be stated Contributions shall include contributions in-kind §9-18 Contribution Limitations (A) No person, other than a candidate and his spouse, shall make and no committee or committee repre- sentative shall solicit or accept any contribu- tions which such person,committee or representative knows will cause the total contribution by such person on behalf of a candidate or independent committees -3- supporting or opposing an issue or the election of a candidate to exceed One Hundred Dollars ($100 00) Contributions made by any person's minor independent children shall be considered for purposes of this Ordinance to be contributions of such person and shall be used in calculating the total contribution of such person Any such excess contributions shall be promptly remitted by such candidate or committee to the donor thereof, or if unascertainable, to the City Clerk for deposit into the General Fund of the City to help defray the cost of administration of this Article (B) No person shall make and no candidate or committee shall accept a contribution given for or under the name of any other person, under an assumed name or anony- mously Any such contributions so received by a candidate or committee shall be promptly transmitted to the City Clerk for deposit into the General Fund of the City to help defray the cost of administration of this Article or, in the alternative, to a charitable orga- nization §9-19 Penalties/Enforcement (A) Any candidate for the City Council who knowingly causes, allows, aids, or abets any person, agent or committee to receive any contribution made in violation of the limitations set forth in this Article commits a misdemeanor, and upon conviction thereof, shall be ineligible to be a candidate for the City Council for four (4) years following the date of conviction If such candidate was elected to the City Council , upon conviction for such violation he shall be disqualified from holding such office for the term to which he was elected, or any unexpired portion thereof A plea of "nolo contendre" shall be deemed a conviction (B) Any person who knowingly violates any provision of this Article commits a misdemeanor, and, upon conviction thereof, shall be punished as provided in Section 1-23 of this Code -4- Introduced, considered favorably on first reading and ordered pub- lished this 15th day of September , 1981 , and to be presented for final passage on tFie 6th day o 0�— ctober , 1981 ATTEST Mayor r ity Llerk 1981 Passed and adopted on final reading this 6th day of October Mayor ATTEST City Clerk -5-