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 3 of 5 • Same as employees, expend personal funds and use personal time for electioneering and political activities, subject to applicable campaign laws. The City Council as a whole may: • Adopt a resolution supporting or opposing a ballot issue, not individual candidates. The City as an entity can: • Report the passage of or distribute any resolution supporting or opposing a ballot issue through normal distribution methods (but not through extra distribution methods). • Expend money to dispense a factual summary regarding a ballot issue that will appear on the ballot of the City. This summary must include arguments both for and against the proposal, but cannot include a conclusion or opinion in favor or against any particular issue. Again, this is not allowed for candidate elections. • Allow public groups to use its facilities, including candidates and proponents and opponents of ballot issues, for a debate, election forum or similar activity if such uses are allowed and so long as the facilities are made available on an evenhanded basis to candidates and parties on any side of the issue. Therefore, if the City allows any such uses of City facilities, care must be taken to ensure equal access and fairness. )(I. ADDITIONAL CONSIDERATIONS REGARDING BALLOT ISSUE ELECTIONS A recurring question regarding local ballot issue elections concerns when the FCPA restrictions apply. As noted above, the FCPA states the City shall not expend any moneys from any source, or make any contributions, to urge electors to vote in favor of or against a local ballot issue that has been submitted for the purpose of having a ballot title fixed or that has had a ballot title fixed. Under Subsection 1- 16 -045.A of the Louisville Municipal Code (LMC), "[t]he city council shall fix the ballot title for any measure referred by the city council without receipt of a petition." Therefore, if the City Council refers to the voters at the November 2016 election a TABOR ballot issue, the FCPA restrictions apply and must be followed commencing no later than the date staff has posted the packet for the first meeting at which City Council will consider fixing the ballot title(s) for the ballot issue(s). or her opinion on an election issue; however, this should be viewed not as an affirmative grant of power to spend on any ballot issue or candidate elections, but rather as a "safe harbor" for cases involving unintended technical violations. 4 Although not addressed by the FCPA, the passage of the resolution presumably contemplates staff work to research and prepare the resolution. This time should be tracked and kept to the minimum amount necessary. Additionally. it should be noted that work that is not on a resolution or factual summary, or otherwise permitted, will be deemed a prohibited "in kind" contribution_ See Coffman v. Colorado Common Cause, 102 P.3d 999 (Colo. 2004) (staff time to prepare press releases that urged defeat of state -wide measure, which time was directed by treasurer and paid for by state, was impermissible contribution in kind). Light I Kelly, P.C. 101 University Boulevard, Suite 210, Denver, CO 80206 www.lightkelly.com 7