(A) A resident of the town who believes that a violation of C.R.S. Title 1, Art. 45, commonly known as the Fair Campaign Practices Act, has occurred in a town election may file a written complaint with the Town Clerk. This written complaint shall be filed with the Town Clerk no later than 30 days after the violation is discoverable.
(B) Upon receipt of a complaint, the Town Clerk must send notice to the respondent. The respondent has 30 days from the date of the notice to cure the allegations in the complaint or to respond to the complaint. In responding to the complaint, the respondent may request that the hearing officer dismiss the complaint for one or more of the reasons listed in this division (B). If the respondent neither cures the allegations during the 30-day cure period, nor requests that the complaint be dismissed, the Town Clerk must appoint an independent hearing officer who is not an officer or employee of the town. The hearing officer may dismiss, in his or her discretion, a complaint that does not specifically identify the section of the FCPA that the respondent allegedly violated or a complaint that does not assert facts sufficient to support the alleged violations. The dismissal is final and subject to review by the district court. If the hearing officer does not dismiss the complaint, the Town Clerk must fix a date for the hearing, which must be concluded no later than 30 days from the date the cure period concluded.
(C) The hearing officer has the authority and ability to issue subpoenas as necessary.
(D) The respondent and complainant may present evidence to the hearing officer in the form of testimony, documents, rebuttal testimony and opening and closing statements. The hearing officer is entitled to examine any witness and request the submission of additional evidence and arguments.
(E) The hearing office must determine by a preponderance of the evidence is a violation of this section has been committed. Upon a finding against a respondent, the hearing officer must enter a decision and order any necessary relief. In the case of a violation of C.R.S. § 1-45-117, appropriate relief shall be an order from the hearing officer directing the person who made or caused to be made the
contribution or expenditure in violation of that section to reimburse the fund of the town from which the moneys were diverted for the amount of the contribution or expenditure and any other such relief as may be appropriate. The decision of the hearing officer is final and subject to review by the District Court. The Town Clerk and the hearing officer are not necessary parties to the review.
(F) Where necessary, the Town Clerk may promulgate any rules necessary for the proper administration of campaign finance complaints, cures and hearings, including, but not limited to, any rules to ensure the complaint, cure and hearing process is simplified and a scalable process designed to enhance the just, speedy and efficient determination of complaints.
(Ord. 624, passed 9-3-2020)