[bouldercouncilhotline] Hotline: FW: Item 5A

[cmosupport at bouldercolorado.gov]

Sender: Haddock, Kathy



RESPONSE TO QUESTION REGARDING AGENDA ITEM 5A
RE TIMING OF CAMPAIGN DISCLOSURES
 
Councilmember Cowles:  You are correct about a potential gap of reporting obligations for petition committees.  Section 13-2-7(a) and 13-2-11(a) require an issue committee to file a statement of organization and of contributions and
 expenditures within three days of accepting a contribution or making an expenditure or three days after ballot certification if the committee has accepted contributions or made expenditures in anticipation of ballot proposition certification.  The “or” is
 changed to “and” for the financial disclosures on packet page 108, line 5 in Section 13-2-11(a)(1). 

 
Some have taken the position that because the definition of “ballot proposition” only includes the second part of the phrase for petitions for charter amendments, initiatives, referenda or recall (petitions have been certified), the
 first phrase of subsections 7 and 11 (when accept contribution or make expenditure) has no meaning.  In order to close that hole, staff has drafted an amendment to the definition of “ballot proposition” so that for petitions for charter amendments, initiatives,
 referenda or recall, it includes the committee proposing the petition as soon as the proposed form of the petition is submitted to the city (prior to circulation of petitions for charter amendment, initiatives or recall, the form must be submitted to the city
 for comment and/or approval) as well as when the petition has been certified by the clerk for submission to Council. 

 
Because there has already been requests for clarification, and objection to staff’s interpretation of the financial reporting requirements, staff has added an emergency clause to the revised ordinance so that it can be effective immediately
 and without a third reading.  
 
Staff has prepared a substitute ordinance to address your questions and those of Councilmembers Ageton and Applebaum and posting it in a separate Hotline message.

 
 
 
-----Original Message-----
From: Lewis, Alisa 
Sent: Monday, May 20, 2013 8:30 AM
To: Haddock, Kathy
Subject: FW: Item 5A
 
 
 
-----Original Message-----
From: Cowles, Macon 
Sent: Sunday, May 19, 2013 11:26 PM
To: CAC
Subject: Item 5A
 
There is  donut hole with respect to financial reporting of groups circulating petitions. They do not have to make any financial reporting between three days after they submit a petition and three days after the petition is certified.
 People want to know about the financial arrangements of such groups. They should have to disclose their finances weekly during their campaign to gather signatures, just as candidate committees must report during the most important period of a candidate's campaign.

 
Perhaps staff could draft alternate language that would plug the donut hole. This will likely have to come back for a third reading.

 
Thx. 
 
Macon Cowles
Sent from an iPad