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Clerk's Letter Issues re Hearing on Pomerance Complaint 10-29-2015c� CITY OF BOULDER City Clerk's Office To: Steve Pomerance, Petitioner, and the Boulder Chamber of Commerce, Respondent From: Alisa Lewis, City Clerk Date: October 28, 2015 Re: Issues for October 29, 2015 Hearing on Election Violation Complaint In reviewing the Complaint filed and the applicable provisions of the Boulder Revised Code and the Rules for Quasi -Judicial Hearings, and questions I have received, the following are issues to be determined at the hearing, my understanding of the basis of the allegations of violation, and the procedure that will be followed. The Complaint alleges a violation of B.R.0 13-3-3 and 13-2-7 on the form. Then, the attached letter states no violations are claimed, but an investigation should be conducted. This hearing is held pursuant to B.R.0 13-4-6 to determine whether sufficient evidence of a violation by the Boulder Chamber of Commerce of either code section exists to warrant bringing a civil or criminal action. Facts Alleged and Considered True Unless Disputed: In considering the alleged violations, I understand: I. The contract that is the basis for the allegation is the Agreement for Consulting Services between the City and the Boulder Chamber of Commerce dated April 22, 2015. 2. The violation is alleged to have occurred by the October 13, 2015 e-mail from the Chamber attached to the Complaint. 3. No statement of organization as an issue committee has been filed by the Chamber with my office for the 2015 election. Issues: A. Section 13-3-3: The issue at this hearing is not whether or not there has been a violation of that contract. The issue is because there is a contract between the city and the Chamber that was in effect on October 13, 2015: Did the chamber, in violation of Section 13-3-3 either: I. Make any contribution of money or other thing of value to any candidate or committee or to any person for any political purpose or use? Or P.O. Box 791 • Boulder, Colorado 80306-0791 • www.boulderrolorado.gov • (303)441-3002 • Fax (303)441-4478 2. Knowingly solicit any contribution from anyone to any candidate or committee or to any person for any political purpose or use? B. Section 13-2-7: The issues on the alleged violation of Section 13-2-7 are: Did the Chamber accept a contribution or make an expenditure measure? If so, did the Chamber file a statement of organization with the City Clerk within three days of accepting such contribution or making such expenditure? If either party disputes the facts stated above, or that the questions in A and B properly frame the issues to be determined by this hearing, that party should say so at the beginning of the hearing. Procedure for Hearing As described in my e-mail to both parties on October 27, 2015, there will be an opportunity for opening statements, presentation of evidence and closing statements. The parties may be represented by attorneys. lithe Petitioner is not represented by an attorney, Mr. Pomerance will represent the Petitioner. If the Respondent is not represented by an attorney, the Chamber will need to designate one person to serve as its representative. Any presentation by another person would have to be as a witness under oath. The hearing will be recorded. 1 will start by asking whether there are any matters to be considered prior to starting opening statements. This would be the time to raise any disputes to the facts stated above or any disagreement with the questions in A and B above, as well as any other issues that could be resolved without testimony or documents. Following those matters, the opening statements will start with the Petitioner, then the Respondent. Each may have up to five minutes. Each side then has 20 minutes to present its case, starting with the Petitioner followed by the Respondent. During this time, a party can call witnesses, present documents, provide testimony under oath or make arguments. If any witnesses are called, the other party will have an opportunity to cross-examine that witness. Any documents or statements you want me to consider, other than the documents included with the facts above, must be presented during this time. If I have questions of either or both parties, I will ask them after each party presents its case. I do not intend to ask questions directly of witnesses or during your presentations, but may do so if it appears that would help my decision. Following time for my questions, each party can present a closing argument of up to five minutes, starting with the Petitioner and ending with the Respondent. I will issue my written decision after the hearing. I intend to do so by the end of the day Friday, October 30. If you have any questions or other matters to be considered, you can submit them in writing with copies to all of the people on this e-mail. I cannot engage in ex parte communications with either party. C: Lynnette Beck, Incoming City Clerk Dianne Marshall, Administrative Specialist III/Campaign Finance Administrator Kathy Haddock, Senior Assistant City Attorney P.O. Box 791 • Boulder, Colorado 80306-0791 • www.bouldercolorado.gov • (303)441-3002 • Fax (303)441-4478