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HomeMy WebLinkAbout109 - 09/15/2020 - AMENDING THE CITY CODE TO MODIFY AND UPDATE REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS AND CAMPA-7- 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 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 shall be personally liable for the penalties imposed. 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. Section 8. That Section 7-146 of the Code of the City of Fort Collins is hereby amended to read as follows: 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,