[Ord. No. 2020-187, 12-21-2020]
For the purposes of this Article, the following terms shall have the meaning set forth herein:
ARTICLE XXVIII
Shall mean Article XXVIII of the Colorado Constitution, entitled Campaign and Political Finance, as amended from time to time.
FCPA
Shall mean the Fair Campaign Practices Act, Section 1-45-101, et seq., C.R.S., as amended from time to time.
TOWN CLERK
Shall mean the Town Clerk of the Town of Johnstown or such person's designee.
[Ord. No. 2020-187, 12-21-2020]
(a) 
Any person who believes a violation of Article XXVIII or the FCPA has occurred related to a Town election may file a written complaint with the Town Clerk.
(b) 
Complaints must be filed in writing with the Town Clerk no later than thirty (30) calendar days after the complainant knew or should have known by the exercise of reasonable diligence of the alleged violation.
(c) 
A written complaint filed with the Town 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, telephone number and signature);
(2) 
The name of the person alleged to have committed a violation (the "respondent"); and
(3) 
The particulars of the violation and any available documentation 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 Town Clerk that the complaint was incomplete.
(e) 
If the Town Clerk determines that the complaint was not timely filed, the Town Clerk shall dismiss the complaint and provide written notice to the complainant and respondent. The Town Clerk's dismissal is a final decision, and subject to review under Rule 106 of the Colorado Rules of Civil Procedure.
(f) 
If the Town Clerk determines that the complaint is timely filed, the Town Clerk shall provide notice along with a copy of the complaint to the respondent by personal service, regular mail or electronic mail.
(g) 
The respondent shall have thirty (30) days from the date of the notice to cure the violation set forth in the complaint or respond to the complaint. If a response is filed, the respondent shall provide a copy of the response to the complainant by personal service, regular mail or electronic mail.
(h) 
If the respondent does not cure the violation in the complaint, as determined by the Town Clerk, the Town Clerk shall appoint an independent hearing officer who is not an officer or employee of the Town.
(i) 
In addition to the procedures set forth herein, the Town Clerk is authorized to adopt rules and regulations consistent with the provisions hereof as may be required to implement this Article.
(j) 
For purposes of this Article, electronic mail delivery shall only be effective upon acknowledgment of receipt of the electronic mail by the intended recipient.
[Ord. No. 2020-187, 12-21-2020]
(a) 
Upon appointment by the Town Clerk, the hearing officer shall determine whether the complaint identifies a violation of Article XXVIII or the FCPA and whether the complainant asserted facts to support the alleged violation. If the complaint does not meet that threshold, the hearing officer shall dismiss the complaint and provide written notice to the complainant and respondent. The hearing officer's dismissal is a final decision, and subject to review under Rule 106 of the Colorado Rules of Civil Procedure.
(b) 
If the complaint is not dismissed, an informal hearing shall be scheduled as soon as practicable but, unless an enlargement of time is granted for good cause, the hearing shall be held within forty-five (45) days of the referral of the complaint to the hearing officer.
(c) 
Notice of the hearing and any applicable rules governing the hearing process shall be sent to the complainant and to the respondent.
(d) 
The hearing officer shall have authority to issue administrative subpoenas requiring the attendance of a witness or party. It shall be unlawful for a witness or party to fail to comply with such subpoena, and any person convicted of a violation hereof shall be punished in accordance with Article IV of Chapter 1 of the Code, as amended from time to time.
(e) 
At the hearing, the complainant and the respondent shall be allowed to be heard and may, in addition to testimony, present written documents and evidence. The complainant shall have the burden of proof by proving the alleged violation(s) by a preponderance of the evidence.
(f) 
Following the conclusion of the hearing, the hearing officer shall issue a written order within twenty (20) calendar days.
(g) 
If the hearing officer determines that a violation has occurred, the hearing officer's written order may include appropriate relief including, without limitation, any of the following:
(1) 
Order disclosure of the source and amount of any undisclosed contributions or expenditures;
(2) 
Order the return to the donor of any contribution made that was the subject of the violation;
(3) 
Order the respondent to reimburse the fund of the Town from which moneys were inappropriately diverted; and/or
(4) 
Impose a civil penalty in accordance with the Colorado Department of State's published guidelines or as otherwise appropriate.
(h) 
The hearing officer's written order is a final decision, and subject to review under Rule 106 of the Colorado Rules of Civil Procedure.
[Ord. No. 2020-187, 12-21-2020]
If the Town Clerk has reason to believe that a violation of the FCPA or Article XXVIII has occurred, the Town Clerk may commence enforcement proceedings in accordance with the procedures set forth in this Article.