Library Board of Trustees Agenda and Packet 2010 07 27

Home Browse Search

discussing an election subject to the FCP A that favors one position will violate the FCP A. See Bruce v. School District 11, Agency Decision, Case No. OS 2008-0030. Also, the FCP A restrictions do not apply only to the use of Government money, but also to other Government resources such as the use of copiers, vehicles, computers, facilities, telephones or newsletters. In addition, the FCP A restrictions apply to Government employees' time during work hours. Therefore, if a city creates a flier that improperly urges voters to vote for or against an election question, it violates the FCP A not only by using city money to pay for postage for the flier, but also by using city letterhead and the staff time of city employees to prepare the flier. Brown v. City of Littleton, Agency Decision, Case No. OS 2006-0023. Likewise, if a Government allows outside groups to use its facilities, it must treat groups that support all candidates or both sides of an election question equally in all significant respects, including facility scheduling and fees. Exceotions The FCP A's prohibition on the use of Government money and resources described above does not apply in all cases. Some exceptions to the rule are described below. 1. Time Period The FCP A only restricts the use of Government money and resources during a certain time period leading up to an election. The restrictions do not begin with respect to a state or local ballot issue until the issue has been submitted to have a ballot title fixed or has had a ballot title fixed, and do not begin with respect to a referred measure until the measure has been referred to the voters. Thus, a school district can spend district money on a flier speaking positively about a potential bond issue before it refers the actual bond question to the voters. See Coan v. Weld County School District Re-3J, Agency Decision, Case No. OS 1996-006. Likewise, a special district will not violate the FCP A by distributing materials encouraging citizens to support the construction and financing of a new recreation center if the district never actually submits a bond or tax question to the voters. See Serra v. Montrose Recreation District, Agency Decision, Case No. OS 2006-022. However, it is important to note that once an issue has been submitted to have a ballot title fixed or has had a title fixed or a referred measure has been referred to the voters, the FCP A restrictions apply to any expenditure of public money or resources. This includes making payments for materials or services provided before the Government took official action to submit the question. For this reason, several metropolitan districts violated the FCP A by paying for materials promoting their bond issues after the district boards had passed resolutions submitting the bond questions, even though the materials themselves had been distributed before the resolutions were passed. See Skruch v. Highlands Ranch Metropolitan Districts Nos. 1-5, Agency Decision, Case No. OS 2002-019, which was upheld by the Colorado Court of Appeals in Skruch v. Highlands Ranch Metropolitan Districts Nos. 3 and 4, 107 P.3d 1140 (Colo. App. 2004). 2. Factual Summary Section 1-45-1 17(1)(b)(I) of the FCPA permits a Government to use Government money and resources to discuss an election if the Government is providing "a factual surnmary, which shall include arguments both for and against the proposal." The summary may not include a conclusion or opinion in favor of or against any particular issue, and a Government may only prepare a summary regarding an issue that will appear on the ballot within its jurisdiction. -2-