TC Ord. No. 19-07 Adding Chapter 1.14 of Title 1 of Avon Municipal Code Pertaining to Campaign FinanceAvon
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TOWN OF AVON, COLORADO
ORDINANCE 19-07
ADDING CHAPTER 1.14 OF TITLE 1 OF THE AVON MUNICIPAL
CODE PERTAINING TO CAMPAIGN FINANCE
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality
existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the
Town's Home Rule Charter;
WHEREAS, various efforts have been made to enact valid campaign financing and
disclosure regulations and reforms at all levels of government; and
WHEREAS, §1-45-116, C.R.S., of the Colorado Fair Campaign Practices Act, state, in
pertinent part: "Any home rule county or municipality may adopt ordinances or charter
provisions with respect to its local elections that are more stringent than any of the provisions
contained in this act."
WHEREAS, the manner of electing Town officers and of financing political campaigns
supporting or opposing candidates for Town office and ballot issues and ballot questions referred
to or initiated by Town electors for a vote of the entire Town electorate, are matters affecting the
organization and structure of Town government and are matters affecting the elective franchise
and potential abuses of the elective franchise; and therefore are within the constitutional and
statutory authority of Town electors and the governing board to regulate by duly adopted home
rule charter or ordinance; and
WHEREAS, as a result of its status as a home rule town, the Town of Avon has a tradition
and culture acknowledging the value and importance of transparency and disclosure in the
financing of campaigns in local elections; and
WHEREAS, the Avon Town Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety and welfare.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Addition of Chapter 1.14 to Title 1 of the Avon Municipal Code. Chapter 1. 14,
"Campaign Finance" is added to Title 1, "General Provisions," of the Avon Municipal Code to
read as set forth in Exhibit A: Addition of Chapter 1.14 to Title 1 of the Avon Municipal
Code, attached hereto.
Ord 19-07
SECOND READING — October 10, 2019
Page I of 3
Section 3. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the tenn "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further detennines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Ord 19-07
SECOND READING — October 10, 2019
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on September 24, 2019 and setting such public hearing for October 10, 2019 at the
Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado.
B
,JV
Sarah Smith Hymes, Mayor
J
ATTEST:
Brenda Torres, Town
ADOPTED ON SECOND AND FINAL READING on October 10, 20A�C&01i���?-
BY: ATTEST: -00\ G� .
i
Sarah Smith Hy ,Mayor Brenda Torres, Tow lirk;
APPROVED AS TO FORM:
�i /7 A�OIJNrvrY
Paol Wisor, Town Attorney
Ord 19-07
SECOND READING — October 10, 2019
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EXHIBIT A: ADDITION OF CHAPTER 1.14 TO TITLE 1 OF THE AVON MUNICIPAL CODE
CHAPTER 1.14
CAMPAIGN FINANCE
Section 1.14.010 Legislative declaration.
Section 1.14.020 Definitions.
Section 1.14.030 Candidate affidavit; failure to file.
Section 1.14.040 Registration of committees.
Section 1.14.050 Campaign contributions.
Section 1.14.060 Disclosure; filing of reports.
Section 1.14.070 Reports to be public record.
Section 1.14.080 Unexpended campaign contributions.
Section 1.14.090 Independent expenditures.
Section 1.14.100 Electioneering communications.
Section 1. 14.110 Duties of town clerk.
Section 1.14.120 Violations and complaints
Section 1.14.130 Criminal penalties.
Section 1.14.140 Civil penalties.
Section 1.14.150 Immunity from penalty
Section 1.14.160 Severability.
1.14.010 LEGISLATIVE DECLARATION.
The Avon Town Council hereby finds and declares that large campaign contributions to candidates for public office
allow wealthy contributors and special interest groups to exercise a disproportionate level of influence over the election
process; that large campaign contributions create the potential for corruption and the appearance of corruption; that
the rising costs of campaigning for public office prevent qualified citizens from running for public office; that the interests
of the public are best served by full and timely disclosure of campaign contributions, strong enforcement of campaign
laws, and limiting campaign contributions; and that the Town is a home rule municipality and this Chapter shall
supersede any and all conflicting constitutional provisions, state statutes and rules promulgated thereunder by the
Secretary of State and Fair Campaign Practices Act, 1-45-101, et seq., C.R.S., as now enacted or as it may from time
to time be amended.
1.14.020 DEFINITIONS.
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this
Section:
(a) Ballot issue, ballot question or issue shall mean any measure put to a vote of the registered electors of the Town
by the Town Council at any election held under the provisions of the Town Charter. For purposes of this Chapter, ballot
issue, ballot question or issue shall also mean any measure for which recall, initiative or referendum proceedings have
been commenced. As used in this Section, commenced shall mean the date upon which the petition is first circulated
for signatures.
(b) Candidate shall mean any person who seeks nomination or election to the office of Town Council at any Town
election. A person is a candidate if the person has publicly announced an intention to seek such election, has accepted
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a contribution in any amount, or has filed a nominating petition for the office of Town Council. Candidate shall also
mean any elected official who is the subject of recall proceedings pursuant to the Charter and this Chapter.
(c) Candidate committee shall mean a person, including the candidate, or persons with the common purpose of
receiving contributions and making expenditures under the authority of a candidate. A candidate shall have only one
(1) candidate committee. A candidate committee shall be considered open and active until the committee has filed a
termination report with the Town Clerk.
(d) Committee shall mean, collectively, candidate committees, issues committees and political committees
(e) Contribution shall mean:
(1) The payment, loan, pledge or advance of money, or guarantee of a loan, made to any candidate
committee, issue committee or political committee;
(2) Any payment made to a third party for the benefit of any candidate committee, issue committee or political
committee;
(3) Anything of value given, directly or indirectly, to a candidate committee for the purpose of promoting the
candidate's nomination, retention, recall or election; or
(4) With regard to a contribution for which the contributor receives compensation or consideration of less
than equivalent value to such contribution, including, but not limited to, items of perishable or
nonpermanent value, goods, supplies, services or participation in a campaign -related event, an amount
equal to the value in excess of such compensation or consideration as determined by the candidate
committee, issue committee or political committee.
Contribution shall not include services provided without compensation by individuals volunteering their time on behalf
of a candidate, candidate committee, political committee or issue committee.
(f) Contribution in kind shall mean the fair market value of a gift or loan of any item of real or personal property, other
than money, made to or for any candidate committee, issue committee or political committee for the purpose of
influencing the passage or defeat of any issue or the nomination, retention, election or defeat of any candidate.
Personal services shall be considered a contribution in kind by the person paying compensation therefore, if any. In
determining the value to be placed on contributions in kind, a reasonable estimate of fair market value shall be used.
Contribution in kind shall not include an endorsement of a candidate or an issue by any person or uncompensated
services and shall not include the payment of compensation for legal and accounting services rendered to a candidate,
candidate committee, political committee or issue committee if the person paying for the services is the regular
employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance
with the provisions of this Chapter or other county state of federal requirements.
(g) Electioneering communication means any communication broadcasted by television, internet, social media
platforms or radio, printed in a newspaper or on a billboard, directly mailed, directly emailed or delivered by hand to
personal residences or otherwise distributed that:
(1) Unambiguously refers to any candidate;
(2) Is broadcasted, printed, mailed, delivered, or distributed 90 days prior to an election; and
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(3) Is broadcasted to, printed in a newspaper distributed to, mailed to, emailed to, delivered by hand to, or
otherwise distributed to an audience that includes members of the electorate for such public office.
Electioneering communication does not include:
(1) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed
in a newspaper, magazine or other periodical not owned or controlled by a candidate, issue committee
or political party;
(2) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a
candidate, issue committee or political party; and
(3) Any communication by persons made in the regular course and scope of their business or any
communication made by a membership organization solely to members of such organization and their
families.
(h) Expenditure shall mean the payment, distribution, loan or advance of any money by any candidate committee,
political committee or issue committee. Expenditure shall also include the payment, distribution, loan or advance of any
money by a person for the benefit of a candidate committee, political committee or issue committee that is made with
the prior knowledge and consent of an agent of the committee. An expenditure occurs when the actual payment is
made or when there is a contractual agreement and the amount is determined.
(i) Independent expenditure shall mean the payment of money by any person for the purpose of advocating the election,
defeat or recall of a candidate, which expenditure is not controlled by, or coordinated with, any candidate or any agent
of such candidate.
0) Issue committee shall mean:
(1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the
purpose of accepting contributions and making expenditures to support or oppose any ballot issue or
ballot question; or
(2) Any partnership, committee, association, corporation, labor organization or other organization or group
of persons that has accepted contributions or made expenditures to support or oppose any ballot issue
or ballot question. For purposes of this Paragraph (2), the term expenditure shall not include expenditures
made by persons in the regular course and scope of their business or in connection with communications
sent solely to their members. The term expenditure also does not include a contribution, as defined in
this Chapter.
Issue committee shall not include political committees or candidate committees as otherwise defined in this Section.
(k) Person shall mean any individual, partnership, committee, association, issue committee, political committee or other
organization or group of persons. Person shall not include corporations, labor unions or political parties.
(1) Political committee shall mean two (2) or more persons who are elected, appointed or chosen, or have associated
themselves, for the purpose of making contributions to candidate committees, issue committees or other political
committees, or for the purpose of making independent expenditures. Political committee shall not include:
(1) Issue committees or candidate committees as otherwise defined in this Section; or
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(2) Any partnership, committee, association, corporation, labor organization or other organization or group
of persons previously established for a primary purpose outside of the scope of this Chapter.
(m) Termination report shall mean a final report prepared by a candidate committee or issue committee and filed with
the Town Clerk that discloses the committee's contributions received, expenditures made and obligations entered into,
when the committee no longer intends to receive contributions or make expenditures and a zero balance exists in any
account established and maintained by the committee, and the committee has no outstanding debts or obligations.
(n) Unexpended campaign contributions shall mean the balance of funds on hand in any candidate committee, issue
committee or political committee following an election, less the amount of all unpaid monetary obligations incurred prior
to the election.
1.14.030 CANDIDATE AFFIDAVIT; FAILURE TO FILE.
a) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the Town Clerk within
ten (10) days, that the candidate is familiar with the provisions of this Chapter.
(b) Failure of any person to file the affidavit required under this Section shall result in the disqualification of such person
as a candidate for the office being sought. Disqualification shall occur only after the Town Clerk has sent a notice to
the person by certified mail, return receipt requested, addressed to the person's last known residence address. The
notice shall state that the person will be disqualified as a candidate if the person fails to file the appropriate document
within five (5) business days of receipt of the notice.
(c) The requirements of this Section shall not apply to any elected official who is the subject of recall proceedings
pursuant to Section 3.5 of the Charter.
1.14.040 REGISTRATION OF COMMITTEES.
All candidate committees, political committees and issue committees shall register with the Town Clerk before
accepting or making any contributions. Such registrations may be amended as necessary. Registration shall include
a statement listing:
(a) The committee's full name, spelling out any acronyms used therein;
(b) A natural person authorized to act as a registered agent;
(c) A street address and telephone number for the principal place of operations; and
(d) All affiliated candidates and committees;
(e) The purpose or nature of interest of the committee
1.14.050 CAMPAIGN CONTRIBUTIONS.
(a) Limits. No person may make contributions and/or contributions in kind totaling more than two hundred fifty dollars
($250.00) to the candidate committee of any candidate for the office of Town Council. No person shall make a
contribution or contribution in kind in the name of another person or knowingly permit one's name to be used by another
person to affect such a contribution or contribution in kind. These limitations shall apply to all contributions or
contributions in kind, whether made directly to a candidate committee or indirectly via earmarked gifts passed through
an intermediary, except that these limitations shall not apply to:
Contributions or contributions in kind made by a candidate to his or her own candidate committee;
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(2) Independent expenditures; or
(3) Monetary loans that are: (a) personally guaranteed in writing by the candidate or the candidate's
immediate family, or (b) secured by real or personal property owned by the candidate or the candidate's
immediate family.
(b) Joint contributions. No person shall make a contribution jointly with another person unless: (i) the total amount of
the joint contribution is less than the maximum amount that can be contributed by one (1) person under the contribution
limits established in Subsection (a) of this Section or (ii) the check is signed by all owners of the account, in which
event the amount of the total contribution shall be allocated equally among all such persons unless a different allocation
is specified on the face of the check. No Committee shall knowingly accept a contribution made in violation of this
Subsection (b).
(c) Contributions in excess of limits. No later than ten (10) business days after receiving a contribution in excess of the
limits set forth in this Section, the candidate committee that received the contribution shall remit the excess to the
contributor.
(d) Prohibited contributors. No candidate committee or political committee shall knowingly accept contributions from
any person who is not a legal permanent resident of the United States, or from a foreign government, corporation, labor
union, or political parry.
(e) Contributions from one (1) Committee to another.
(1) No Committee shall make a contribution or contribution in kind to, or accept a contribution or contribution
in kind from, a Committee of another candidate.
(2) No Committee shall accept a contribution or contribution in kind from a Committee that was established
or maintained for a federal, state or county election campaign or office.
(f) Recordkeeping. All contributions received by a candidate committee, issue committee or political committee shall
be deposited and maintained in a financial institution in a separate account whose title shall include the name of the
committee. All records pertaining to such accounts shall be maintained by the Committee for ninety (90) days following
any election in which the Committee received contributions unless a complaint has been filed under Section 1.14.110
alleging a violation of the provisions of this Chapter, in which case they shall be maintained until final disposition of the
complaint and any consequent court proceedings. Such records shall be subject to inspection at any hearing held
pursuant to this Chapter.
(g) Reimbursements prohibited. No person shall make a contribution to a candidate committee, issue committee or
political committee with the expectation that some or all of the amounts of such contribution will be reimbursed by
another person. No person shall be reimbursed for a contribution made to any candidate committee, issue committee
or political committee, nor shall any person make such reimbursement. An unexpended campaign contribution returned
to a contributor by a candidate committee pursuant to Section 1.14.080(a)(4) shall not be considered a reimbursement.
1.14.060 DISCLOSURE; FILING OF REPORTS.
(a) All candidate committees, political committees and issue committees shall report to the Town Clerk their
contributions and contributions in kind received, including the name, address, occupation and employer of each person
who has made contributions or contributions in kind in the amount equal to or greater than twenty dollars ($20.00) or
more; expenditures made; and obligations entered into by the Committee.
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(b) For purposes of complying with the requirements of this Section, an issue committee consisting of an organization
whose primary purpose is not to support or oppose ballot issues shall report only those contributions accepted,
expenditures made and obligations entered into for the purpose of supporting or opposing a ballot issue or ballot
question. Such issue committee shall not be required to report donations, membership dues or any other payments
received unless such amounts are used or to be used for the purpose of supporting or opposing a ballot issue or ballot
question.
(c) Reports shall be filed with the Town Clerk on the twenty-first day, fourteenth day, and on the Friday before the
election, thirty (30) days after the election, and annually on the first day of the month in which the anniversary of the
election occurs until such time as a termination report is filed. If the reporting day falls on a weekend or legal holiday,
the report shall be filed by the close of the next business day.
(d) The reports required by this Section shall include the balance of funds at the beginning of the reporting period, the
total of contributions received, the total of expenditures made during the reporting period and the name and address
of the financial institution used by the committee or party.
(e) All reports shall be submitted on forms provided by the Town Clerk and shall be complete in all respects. Reports
shall be current in all respects as of two (2) days prior to the date upon which each such report is to be filed.
(f) A report required to be filed by this Section is timely if the original report is received by the Town Clerk not later than
the close of business on the due date or if a copy of the report is filed by fax on or before the date due and the original
report is filed not later than the close of business on the next business day. For the purpose of this provision, the
original report shall mean a copy containing an original signature of the person completing the report.
(g) Any report that is deemed by the Town Clerk to be incomplete or inconsistent with the requirements of this Section
shall be accepted on a conditional basis, and the committee treasurer shall be notified in writing as to any deficiencies
found. Such notice may be delivered in person, by mail, or by electronic mail. The committee treasurer shall have
seven (7) business days from the date of delivery of such notice to file an amended report that cures the deficiencies.
Any such amended report shall supersede the original report filed for the reporting period.
(h) Any candidate committee, political committee or issue committee which has not accepted any contributions or
contributions in kind, made any expenditures, or entered into any obligations during a reporting period, shall file a report
with the Town Clerk on the days specified in Subparagraph (c) above certifying that the committee has not accepted
any contributions or contributions in kind, made any expenditures or entered into any obligations during the relevant
reporting period.
1.14.070 REPORTS TO BE PUBLIC RECORD.
(a) Upon receipt of any campaign report submitted pursuant to this Chapter, the Town Clerk shall make available such
report for public inspection. The campaign report filed with the Town Clerk fourteen (14) days prior to the election
pursuant to Section 1.14.060 above shall be posted by the Town Clerk on the town's official website in a manner that
makes it easily identifiable, which posting shall occur no less than seven (7) days prior to the election. The campaign
report filed with the Town Clerk thirty (30) days after the election pursuant to Section 1.14.060 above shall also be
posted on the town's official website by the Town Clerk, which publication shall occur no more than seven (7) days
after the Town Clerk's receipt of the report.
(b) No information contained in any campaign report submitted pursuant to this Chapter shall be sold or used by any
person for the purpose of soliciting contributions or for any commercial purpose.
1.14.080 UNEXPENDED CAMPAIGN CONTRIBUTIONS.
(a) Unexpended campaign contributions to a candidate committee may be:
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(1) Contributed to a candidate committee established by the same candidate for a subsequent campaign for
the same office, subject to the limitations set forth in Section 1.14.050(e), if the candidate committee
making such a contribution is affirmatively closed by the candidate no later than ten (10) days after the
date such a contribution is made;
(2) Donated to a charitable organization recognized by the Internal Revenue Service; or
(3) Returned to the contributors.
In no event shall contributions to a candidate committee be used for personal purposes not reasonably related to
supporting the election or retention of the candidate.
(b) A candidate committee for a former officeholder or a person not elected to office shall expend all of the unexpended
campaign contributions retained by such candidate committee, for the purposes specified in Subsection (a) of this
Section, no later than one (1) year from the date such officeholder's term expired or from the date of the election at
which such person was a candidate for office, whichever is later.
(c) Unexpended contributions to an issue committee or political committee may be donated to any charitable
organization recognized by the Internal Revenue Service or returned to the contributor.
1.14.090 INDEPENDENT EXPENDITURES.
Any person or political committee making independent expenditures totaling more than one hundred dollars ($100.00)
shall deliver notice in writing of such independent expenditures to the Town Clerk no later than three (3) business days
after the day that such funds are obligated. Said notice shall include the following information:
(a) The name, address, telephone number, occupation and employer of the person making the independent
expenditures;
(b) The name of the candidate(s) whom the independent expenditures are intended to support or oppose;
(c) The name and address of the vendor(s) providing the property, materials or services;
(d) A detailed description of the independent expenditures;
(e) The amount of the independent expenditures; and
(f) The date the funds were obligated.
For the purposes of this provision, funds shall be considered to have been obligated as soon as an agreement is
reached for the provision of the property, materials or services in question, regardless of when payment is to be made
for such property or services.
1.14.100 ELECTIONEERING COMMUNICATIONS.
Any person or Committee who expends one hundred dollars ($100) or more per calendar year on electioneering
communications shall state in the communication the name of the person or Committee making the communication.
1.14.110 DUTIES OF TOWN CLERK.
The Town Clerk shall:
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(a) Prepare forms and instructions to assist candidates and the public in complying with the reporting requirements of
this Chapter;
(b) Develop a filing and indexing system consistent with the purposes of this Chapter;
(c) Keep a copy of any report or statement required to be filed by this Chapter for a period of one year from the date of
filing. In the case of candidates who were elected, those candidate's reports and filings shall be kept for one (1) year
after the candidate leaves office;
(d) Make reports and statements filed under this Chapter available for public inspection and copying no later than the
end of the next business day after the date of filing;
(e) Upon request by the Secretary of State, transmit records and statements filed under this Chapter to the Secretary
of State;
(f) Notify any person who has failed to fully comply with the provisions of this Chapter; and
(g) Report apparent violations of this Chapter to the Town Manager.
1.14.120 VIOLATIONS AND COMPLAINTS
(a) Any qualified elector may file a written complaint with the Town Clerk regarding a possible violation of this Chapter.
The complaint shall include:
(1) The name, address and signature of the complainant;
(2) The name and address of each person alleged to have committed a violation; and
(3) The details of the violation with citations to the Chapter.
(b) If the Town Clerk receives a written complaint pursuant to Subsection (c), below, alleging a violation of
this Article, the Town Clerk shall:
(1) Provide the person believed to have committed the violation with a copy of the written complaint.
(2) Allow ten (10) business days for correction of the violation or submission of written statements explaining
the reason that support a conclusion that a violation was not committed.
(3) If the Town Clerk receives a written complaint that is not corrected or otherwise remedied as provided in
Section 1.14.110(b)(2) herein, the Town Clerk shall refer the matter to the Town Attorney to review
whether, under the circumstances and in accordance with this Chapter, a complaint in the Municipal Court
should be filed with regard to the alleged violation.
(c) Within ten (10) days of receipt of a complaint referred by the Town Clerk, the Town Attorney shall respond within
ten (10) indicating whether he or she intends to file a civil or criminal action. If the Town Attorney indicates in the
affirmative and files suit within thirty (30) days thereafter, no other action may be brought unless the action brought by
the Town Attorney is dismissed without prejudice.
(d) In the event any person residing within the Town shall bring a civil action for injunction or to otherwise enforce this
Chapter and such person shall prevail in such action, then he or she shall be awarded a reasonable attorney's fee and
costs of the action to be paid by the defendant.
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1.14.130 CRIMINAL PENALTIES.
(a) Any person who knowingly violates any provision of this Chapter is guilty of a misdemeanor and shall be punished
by a fine not exceeding three hundred dollars ($300.00) or imprisonment for a period of not more than ninety (90) days
or both such fine and imprisonment.
(b) Any candidate who knowingly violates any provision of this Chapter shall, in addition to any other penalties provided
for herein, be denied his or her right to take oath for the office to which he or she was elected unless he or she has
already taken said oath, in which event, the office shall be deemed vacant and shall be filled as otherwise provided by
law.
1.14.140 CIVIL PENALTIES.
(a) Any person who violates any of the reporting provisions of this Chapter shall be liable in any civil action initiated by
the Town Attorney or by a person residing within the Town for an amount not more than the amount or value not
properly reported.
(b) Notwithstanding the provisions of Subsection 1.14.130(a), any person who makes or receives a contribution or
expenditure in violation of this Chapter is liable in a civil action initiated by the Town Attorney or by a person residing
within the Town for an amount up to five hundred dollars ($500.00) or three (3) times the amount of the unlawful
contribution or expenditure, whichever is greater.
(c) In determining the amount of liability under Subsections 1.14.130(a) and (b), the Court may take into account the
seriousness of the violation and the culpability of the defendants. If a judgment is entered against a defendant or
defendants in an action under the sections noted above, the plaintiffs, other than the Town, shall receive fifty percent
(50%) of the amount recovered. The remaining fifty percent (50%) shall be deposited in the treasury of the Town. In
an action initiated by the Town Attorney, the entire amount record all be paid into the treasury of the Town.
1.14.150 IMMUNITY FROM PENALTY.
(a) Any individual volunteering his or her time on behalf of a candidate or issue committee shall be immune from any
liability for a penalty imposed if:
(1) The volunteer was acting in good faith and within the scope of such volunteer's functions and duties for
the candidate or issue committee; and
(2) The violation was not caused by willful and intentional misconduct by such volunteer.
1.14.160 SEVERABILITY.
If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision
or application, and to this end the provisions of this Chapter are declared to be severable.
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