Ordinance 2024-1872 - Laserfiche WebLink

Home Browse Search

C. A written complaint filed with the City Clerk shall include the following information: 1. The name, address, e-mail address, telephone number and signature of the complainant (if the complainant is represented by counsel, include the counsel's name, address, e-mail address, tele- phone number and signature). 2. The name and, if known, the telephone number and address of the person alleged to have committed a violation (the "respon- dent"). 3. The particulars of the violation and any available documen- tation or evidence supporting the allegation. D. If an incomplete complaint is received, the date on which the originally filed complaint was received is considered the filed date if a complete copy is received within three (3) business days of notification from the City Clerk that the complaint was incom- plete. E. If the City Clerk determines that the complaint was not timely filed, has not specifically identified a violation of Article XXVIII, or the FCPA or this Chapter, or that the complainant did not assert facts or provide information sufficient to support the alleged violations, the City Clerk will dismiss the complaint and notify the complainant and respondent of the reasons for dismissal. The City Clerk's dismissal is a final decision, and subject to review under Rule 106 of the Colorado Rules of Civil Procedure. F. If the complaint is not dismissed pursuant to Subsection E, the City Clerk shall issue notice to the respondent by personal service, regular mail or electronic mail. The notice of violation shall: 1. Cite the section or sections of Article XXVIII, or the FCPA or this Chapter the person allegedly violated and a general description of the violation. 2. Allow seven (7) business days for the correction of the viola- tion or submission of a written statement explaining the reason that supports a conclusion that a violation was not committed. 3. Set forth the applicable civil fine for each violation, except that no such fine shall be due or payable if the person cures the vio- lation within seven (7) business days of the date of the notice of vi- olation. 4. Allow fourteen (14) business days for submission of a writ- ten request for an informal hearing before a hearing officer. G. In the event the violation cannot be cured by complying with the reporting requirements in Article XXVIII, or the FCPA or this Chapter, the person shall propose an alternative resolution to cure the violation to the City Clerk. The City Clerk shall have the discretion to accept, recommend an alternative, or decline the pro- posed alternative resolution. Acceptance of an alternative resolu- tion by the City Clerk is deemed to be a cure of the violation if made within seven (7) business days of the date of the notice of violation. H. If the person fails to cure or otherwise remedy the viola- tion, the person shall within fourteen (14) days of the date of the notice of violation either pay the fine or contest the violation by submitting to the City Clerk a written request for hearing. I. Upon timely receipt of a written request for a hearing, the City Clerk shall forward the request to a hearing officer to hear and determine the complaint. J. An informal hearing shall be scheduled as soon as practi- cable but, unless an enlargement of time is granted, the hearing shall be held within thirty (30) days of the referral of the complaint to the hearing officer. Upon written motion, the hearing officer may grant the respondent a continuance upon a showing of good cause. K. Notice of the hearing and any applicable rules governing the hearing process shall be sent to the complainant and to the re- spondent, who shall also receive a copy of the entire complaint re- ceived by the City Clerk within two (2) business days of the date of the referral to the hearing office. L. Upon the request of either party, the hearing officer may issue an administrative subpoena requiring the attendance of a wit- ness or party in relation to an alleged campaign finance violation, which shall be served on the party to whom it is directed by the re-