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X46J <br />Ke I I y lic <br />MUNICIPAL LAWYERS <br />est_1987 <br />Melinda A. Colley <br />(303) 298-16oi tel <br />(303) 298-1627 fax <br />melinda@kellypc.com <br />MEMORANDUM <br />TO: Meredyth Muth, City Clerk <br />FROM: Melinda Culley /s/ <br />DATE: February 10, 2022 <br />RE: Overview of the Colorado Fair Campaign Practices Act <br />On April 19, 2022, the City will be conducting a special election on the Redtail Ridge referendum. <br />This memorandum provides guidance regarding permitted and prohibited activities under the Fair <br />Campaign Practices Act (FCPA) as it relates to the April 19 election. Included at the end of this <br />memo is the text of C.R.S. § 1-45-117, which is the primary section of the FCPA discussed in this <br />memo. <br />Prohibited/Allowable Activities and Expenditures under the FCPA <br />The two principle rules under the FCPA are that the City cannot (1) make any contributions of <br />any kind in campaigns involving the election of any person to public office; or (2) expend any <br />money from any source, or make any contributions, to urge electors to vote in favor or against <br />any statewide or local ballot issue once it has been submitted for the purpose of having its ballot <br />title fixed. <br />The following is a general summary of activities permitted and prohibited by the FCPA. <br />Individual City employees may: <br />• Respond to unsolicited questions about ballot issues. <br />• Expend personal funds and use personal time for electioneering, subject to applicable <br />campaign laws. Such activities cannot be conducted during the employee's working time <br />or in the offices of the City. <br />• Participate in any political affiliations, activities and campaigns on personal time and <br />away from the offices of the City. Employees may not give the impression, however, that <br />a candidate or issue is endorsed by the City. <br />