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". -~ . --".-< ".;,-.,..,~-_.~ 11;t::~;}~~!~" .;~:'- ':"~--"'-"""'-'-~.' .... , . . '"----~~"""'.-__,_. '0- ___.. State campaign reform law restricts role of officials in municipal ballot campaigns i; by GeoffWilson, General Counsel Ballots in statewide or local elections often include issues of profound impor- tance to Colorado munici- palities. Municipal officials can and should become actively involved in the public discussion of these issues. How- ever, the state Fair Campaign Practices Act (FCPA) places significant restrictions on the use of pub- lic funds for advocacy pur- poses or for dis- pensing information in connection with local or statewide ballot issues (Sect. 1 45- I 17. c.R.S.). The FCPA restrictions apply when a statewide petition has been submitted for title setting, when a title has been set on a local initiative or referendum, and upon final action of the O"overnino- o 0 body placing a measure on the ballot. These guidelines are intended to inform municipal officials and employees in a general manner concerning what they may and may not do. consistent with the FCPA. However. the municipal attorney should be consulted before any action is taken that could be viewed as subject to the "public funds" restrictions in the FCPA. Permissible activities It is pennissible to do the following in campaigns in support of or in oppo- sition to a proposed measure: I. The local governing body may take a position of advocacy on the issue. The governing body may pass a resolution and take a public stand urg- ing the electorate to vote for or aaainst e any matter. Staff background research that leads to passage of a resolution is also pennissible. Local governments may report the passage of or distribute such resolu- - , 1 I i I -, I l: . I J lr September.October 1998 tions "through established. customary means, other than paid advertising, by which information about other pro- ceedings of [the governing body] is regularly provided to the public" (such as via a local government newsletter or cable television broadcast). 2, The act provides that any public official who has policy-making responsibilities may spend up to $50 of public money on phone calls, let- ~~_,_~ ters, or other .~~~ activities "inci- dental to expressing his or her opinion on any such issue." This provision is intended to help public officials avoid technical viola- tions of the act when they are other- wise endeavoring to avoid use of pub- lic funds in their advocacy activity; it should not be viewed as affmnative authority to spend public funds on advocacy. 3. Elected officials may speak out on the issues presented on the ballot. There is no limitation in the FCPA on the right of public officials to address any matter before the electorate; the limitation is on expenditure of public funds. 4. Public employees and paid elected officials may work on the cam- paign and speak out on the issues on their own time. Any public employee who becomes involved in the cam- paign should document that the effort is done on his or her own time. If the public employee is on a recorded-hour system. make sure the record reflects that the public employ- ee took time off from public duties to engage in campaign activities. For salaried elected officials and employees. it is useful to develop some documentation indicating the time for which compensation is paid Colorado Municipalities (anendance at meetings, working hours during the day, etc.). 5. If the local government has a pol- icy permitting public groups to use its facilities for community purposes, it can allow groups opposed to or sup- portive of the ballot proposition to use those facilities if the policy is applied in an evenhanded fashion. The local government, however, cannot in any way be involved in organizing such events. 6. Public employees may respond to unsolicited questions or requests for information about a ballot issue; how- ever, the local government should carefully avoid producing information to influence the passage or defea.t of the issue. 7 _ The local governing body may use public funds to develop and dis- tribute a factual surnmary on any issue that will appear on a ballot in the juris- diction. The summary must include arguments for and against the pro- posal. but the summary itself may not contain a conclusion or opinion in favor of or against the proposal. Impermissible activities II is impermissible under the FCPA. except as indicated above. to do the following in campaigns in support of or in opposition to a proposed mea- sure: I. use or expend public funds or supplies; 2. allow employees or paid officers to work on a campaign during their working hours or use any public facil- ity or equipment for the putposes of a campaign; 3. provide transportation or adver- tising using public property or funds to influence, directly or indirectly. the passage or defeat of an issue; or 4. grant an employee or officer leave from his job or office with the local government, with pay, [0 work on a campaign. 7