Recreation/Senior Center and Aquatic Center Expansion Task Force Agenda and Packet 2016 05 25

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Malcolm Fleming, City Manager Heather A. Balser, Deputy City Manager May 2, 2016 Page 2 of 5 submitted for the purpose of having a ballot title fixed or that has had a ballot title fixed. C.R.S. § 1- 45-1 17(1)(a)(I)(A) and (B),l FCPA restrictions apply to the use of City resources, such as the use of copiers, vehicles, computers, websites, facilities, telephones or newsletters. In addition, a City employee's time during working hours is considered a resource, and therefore working time for the City cannot be used for electioneering (except in very limited circumstances when preparing for City Council either a resolution or factual summary, discussed below).2 The following is a general summary of activities permitted by the FCPA. Individual City employees may: • Respond to unsolicited questions about ballot issues. • Expend personal funds and use personal time for electioneering, subject to applicable campaign laws. Such activities should not be conducted during the employee's working time or in the offices of the City. • Participate in any political affiliations, activities and campaigns on personal time and away from the offices of the City. Employees may not give the impression, however, that a candidate or issue is endorsed by the City. Individual City Council Members and Appointed Officials may: • Respond to unsolicited questions about ballot issues. • Express a personal opinion on any issue. Anticipating that elected officials may be sought out for their views on ballots issues, the FCPA expressly states it does not prohibit an elected official from expressing a personal opinion on any issue. Though their opinion may well be ascribed to there as an elected official, the official should not present his or her opinion as that of the City, and we recommend the official specifically advise his or her audience that the opinion is a personal opinion.3 Based on the definitions of "contribution" under Colorado law (C.R.S. § 1 -45 -103 and Article XXVIII, Section 2(5)(a) of Colorado Constitution), no funds. supplies, equipment, or "in kind" services should be used for such purpose. Further. no employee should be allowed (or required) to work for or against a ballot issue during working hours, or use any public facility or equipment for such purpose. Even the use of the City's telephone should be avoided. 2 For example, in Brown v. City of Littleton, Agency Decision, Case No. OS 2006 -0023. the City created and mailed a flier to voters urging them to vote one way on a statewide ballot issue, which was done after the ballot title was fixed. This violated the FCPA because the City used City funds and staff time to prepare and mail the flier, which was neither a permitted City Council resolution nor a factual summary. In Colorado Ethics Watch v. City and County ofBroomfield, 203 P.3d 623 (Colo. App. 2009), a complaint was filed when city employees' research materials were later used in a candidate debate: however, the Court dismissed the complaint after it concluded employees are authorized to respond to and research unsolicited questions about ballot issues as long as they do so in an evenhanded manner. l However, as noted in Colorado Cause v. Coffman, 85 P.3d 551 (Colo. App. 2003), the FCPA does not authorize the expenditure of public funds for the expression of such personal opinions, The FCPA does provide that a member of a city council may expend not more than $50 of public moneys in the form of letters, telephone calls, or other activities incidental to expressing his Light 1 Kelly, P.C. 101 University Boulevard, Suite 210, Denver, CO 80206 www.lighikelly.com 6