Business Retention and Development Committee Agenda and Packet 2010 08 02

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LIGHT, KELLY & DAWES, P.c. ATIORNEYS AT LAW WRITER SQUARE OFFICE TOWER 1512 LARIMER STREET, SUITE 300 DENVER, COLORADO 80202 TEL. (303) 298-1601 FAX (303) 298-1627 E-MAIL lheinrich@lkdpc.com MEMORANDUM TO: Heather A. Balser, Deputy City Manager City ofLlfisville Sam Ligh~ Laura Heinrich d1W June 28, 2010 FROM: DATE: SUBJECT: Fair Campaign Practices Act The purpose of this memo is to provide you with an overview of the Colorado Fair Campaign Practices Act ("FCP A") and guidance regarding prohibited and allowable activities under the FCP A in regards to state-wide and local ballot issues. Attached to this memo is a copy of Colorado Revised Statutes 9 1-45-117 ("Section 117"), which is the primary statute discussed in this memo. 1 We have also attached a copy of an article entitled "Guidance for Colorado Governments in Complying with the Fair Campaign Practices Act," written by the law firm of Sherman and Howard LLC, which may also be helpful to you. I. PROHIBITED! ALLOW ABLE ACTIVITIES AND EXPENDITURES UNDER THE FCP A The purpose of the FCP A is to prohibit public entities in Colorado and the employees and officials thereof from spending funds to influence the outcome of campaigns for political office or ballot issues. The FCP A states that no covered entity shall "expend any moneys from any source, or make any contributions, to urge electors to vote in favor of or against any" state-wide ballot issue or local ballot issue. C.R.S. 9 1-45-117(1)(a)(I)(A) and (B)? This prohibition applies to state and local ballot issues that have been submitted for the purpose of having a ballot title fixed, or that have had a title fixed. Id. The prohibitions are not in effect prior to this point in time in the title setting process; the titles for Amendments 60 and 61 and Proposition 101 have been set. , C.R.S. ~ 1-45-117 was amended by S.B. ]0-203, which went into effect on May 25, 20]0. S.B. 10-203 removes language that had restricted the prohibition on political involvement by the state or political subdivisions to the use of public moneys so that the prohibition will now apply to all moneys. This clarifies that all monies in the hands of the public entity, however received, are monies subject to the FCPA restrictions. A copy of the applicable portion ofS.B. 10-203 is also attached for your review. 2 Based on the definitions of "contribution" under Colorado law (C.R.S. g 1-45-103 and Article XXVIII of Colo. Const.. Section 2(5)(a)), 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 because it has been the subject of public scrutiny and criticism.