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Home My Public Portal AboutOrdinance 505 Amending Chapter 2, Article 1 of The Fraser Town Code to Establish a Local Process for Local Campaign Finance ComplaintsTOWN OF FRASER ORDINANCE NO. 505 Series 2023 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 1 OF THE FRASER TOWN CODE TO ESTABLISH A LOCAL PROCESS FOR LOCAL CAMPAIGN FINANCE COMPLAINTS. WHEREAS, House Bill 23-1245 amended C.R.S. § 1-45-103.7, 108, 109, and 112, the process for review and handling of complaints related to a municipal campaign finance consistent with the Fair Campaign Practices Act, C.R.S. § 1-45-101, et seq. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 2, Article 1 of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as strikethrough print]: Sec. 2-1-30. - Campaign Finance Complaints. (a) In addition to the campaign finance duties outlined in C.R.S. § 1-45-112 for a municipal clerk, the Town Clerk shall have the responsibilities set forth in this Section related to campaign finance complaints. The Town Clerk shall promulgate such rules as may be necessary to enforce and administer any provision of this Section. (b) Any person who believes that a violation of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, C.R.S. § 1-45-101, et seq., or the Secretary of State's rules concerning campaign and political finance has occurred in municipal campaign finance matters may file a complaint with the Town Clerk. (1) A "municipal campaign finance matter" has the meaning defined in C.R.S. § 1-45- 111.7(9)(b) and 8 C.C.R. 1505-6, both as amended. The process for review and handling of complaints related to a municipal campaign finance matter shall be as set forth in this Section in a manner consistent with the Fair Campaign Practices Act, C.R.S. § 1-45-101, et seq., specifically C.R.S. § 1-45-111.7, as amended, and the rules promulgated by the Colorado Secretary of State at 8 C.C.R. 1505-6, specifically Rule 23, as amended. (2) A complaint must be filed no later than one hundred eighty (180) days after the date on which the complainant either knew or should have known, by the exercise of reasonable diligence, of the alleged violation and must meet the minimum requirements set forth in 8 C.C.R. 1505-6, Rule 23.1, as amended. A complaint must be filed in writing and signed by the complainant on the form provided by the Town. The complaint must identify one or more respondents and include the information required to be provided on the form. (3) Upon receipt of a complaint, the Town Clerk shall notify the respondent of the complaint by e-mail or by regular mail if e-mail is unavailable. (4) Documents related to a complaint will be publicly available as set forth in 8 C.C.R. 1505 - Page 1 of 3 6, Rule 23.2, as amended. (c) The Town Clerk shall conduct an initial review of a complaint to determine whether the complaint was timely filed, specifically identifies one or more violations of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, C.R.S. § 1-45-101, et seq., or the Secretary of State's rules concerning campaign and political finance; and alleges sufficient facts to support a factual and legal basis for the violations of law alleged in the complaint. Within ten (10) business days of receiving a complaint, the Town Clerk shall take one or more of the following actions: (1) If the Town Clerk determines that the complaint was not timely filed, has not specifically identified one or more violations of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, C.R.S. 1-45-101, et seq., or the Secretary of State's rules concerning campaign and political finance, or does not assert facts sufficient to support a factual or legal basis for an alleged violation, the Town Clerk shall notify the complainant and respondent of such determination by e- mail or by regular mail if e-mail is unavailable. The Town Clerk's determination hereunder is a final action subject only to judicial review pursuant to C.R.C.P. 106(a)(4). (2) If the Town Clerk determines that the complaint alleges one or more curable violations, the Town Clerk shall notify the respondent and provide the respondent an opportunity to cure the violations. The process for curing shall be as set forth in subsection (d) below. (3) If the Town Clerk determines that the complaint has specifically identified one or more violations of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, C.R.S. § 1-45-101, et seq., or the Secretary of State's rules concerning campaign and political finance, and has alleged facts sufficient to support a factual or legal basis for each alleged violation, and that either a factual finding or a legal interpretation is required, the Town Clerk shall forward the complaint to a hearing officer appointed by the Board of Trustees. (d) Upon the Town Clerk's determination that a complaint alleges a failure to file or otherwise disclose required information, or alleges another curable violation, the Town Clerk shall notify the respondent by e-mail or by regular mail if e-mail is unavailable of the curable deficiencies alleged in the complaint. The process for curing shall be as set forth in C.R.S. § 1-45-111.7(4), as amended. (e) The hearing officer shall schedule a hearing on a complaint referred by the Town Clerk within thirty (30) days of the filing of the complaint. The hearing may be continued upon the motion of any party for up to thirty (30) days or a longer extension of time upon a showing of good cause. The hearing shall be in compliance with C.R.S. § 1-45-111.7(6), as amended. (1) The Town Attorney's office shall represent the Town's interest in such matter and shall provide representation for the Town in all proceedings before the hearing officer. Testimony shall be given under oath, and the hearing officer shall have the power to issue subpoenas and compel the attendance of witnesses. (2) The hearing shall be summary and not subject to delay and shall be concluded within sixty (60) days after the complaint is filed. No later than five (5) days after the conclusion of the hearing, the hearing officer shall issue a written determination. The hearing officer's written determination is a final action subject only to judicial review pursuant to Page 2 of 3 C.R.C.P. 106(a)(4). (f) The Town Clerk or a hearing officer, as appropriate, may impose penalties and sanctions as set forth in C.R.S. § 1-45-111.5, and 8 C.C.R. 1505-6, Rule 23.3.3, both as amended. Recovery of a party's reasonable attorney fees and costs shall be as set forth therein. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 6th DAY OF December, 2023. Votes in favor: 7 BOARD OF TRUSTEES OF THE Votes opposed: D TOWN OF FRASER, COLORADO Votes abstained: (SE BY: ATTEST: Published in the Middle Park Times on Z(),42, Mayor Pro-Tem Town Clerk QQta,.r,,, ;w- )1, Page 3 of 3