HomeMy WebLinkAboutB.R.C., 1981 TITLE 13 CHAPTER 4 COMPLAINTS RELATED TO ELECTION PROCEDURESChapter 4 Complaints Related to Election Procedures and Regulations~
13-4-1 Legislative Intent
The provisions of this chapter are intended to assist with the enforcement of the regulatory prowsions of Chapters
13-2, "Campaign Financing Disclosure" and 13-3, "Campaign Activities," B R C 1981 The procedures set forth in
this chapter are not exclusive and shall supplement other applicable enforcement prowsions.
13-4-2 Allegation of Election Code Violation
(a) A request for action stating that any provision of Chapter 13-2, "Campaign Financing Disclosure" or Chapter 13-
3, "Campaign Activities," B.R C 1981, of this title has been violated may be submitted to the city clerk The request
for action shall be in writing and must be submitted no later than forty-five days following any election in which it is
allegetl that the misconduct occurred The request for action shall•
(1) Request that the city attorney file a civil action,
(2) Identify the particular prowsions of Chapter 13-2, "Campaign Finanang Disclosure" or Chapter 13-3,
"Campaign Activities," B R C 1981, that allegedly were violated,
(3) State the factual basis for that allegation,
(4j Identify any relevant documents or other evidence, antl
(5) Identify any witnesses or persons with relevant knowledge.
(b) The city clerk will notify the party nametl in the request for action (the "respondenY') and may prowde the
respondent an opportunity to provide information or otherwise respond to the allegations of the request for action,
13-4-3 Initial Review of Request for Action.
The city clerk will evaluate the request for action and all information in the clerk's possession related to the request
for action to determine whether there is probable cause to believe that further investigation would disclose a violation
by the respondent The city clerk may, at the clerk's discretion, consult with the city attorney or delegated legal
counsel regarding this review Such determination shall be made based upon the request for action, any information
prowded by the person who filed the request for action or the party named in the request for action, and upon such
additional information as the clerk may determine to be pertinent
13-4-4 Denial of Request for Action by City Clerk
If the city clerk determines that no probable cause exists that further investigation would disclose a violation by the
respondent, the city clerk shall close the file with regard to the matter In that event, the city clerk shall so notify both
the complainant and the respondent Such notice shall be sufficient if it is accomplished by depositing it with the
United States Postal Service addressed to the last known atldress of the complainant and the respondent. The city
clerk may also determine that the violation, if any, can be cured after exercise of the city manager's powers under
Chapter 13-2, "Campaign Finanang Disclosure," B R C 1981, and, if the wolation is cured, may deny the request for
action on that basis without further review.
13-4-5 Determinatlon by City Clerk Final
(a) A determination by the aty clerk that there is no probable cause that further investigation would disclose a
violation by the respondent shall be final Cure of a violation through exercise of the aty manager's powers untler
Chapter 13-2, "Campaign Financing Disclosure," 8 R C 1981, also shall be final No appeal or review from such
determinations shall be permitted, antl the city attorney will not bring any avil or criminal enforcement action against
a party in either circumstance
(b) A determination by the city clerk that there is probable cause that investigation will disclose a violation by the
respondent shall also be final No defect in the city clerk's determination shall constitute a defense at any hearing
held by a city clerk or at any ~udicial enforcement proceeding
13-4-6 Power of City Clerk to Hold Hearings
The city clerk is empowered to receive evidence and make recommendations with regard to any request for action
The purpose of such heanngs will be to determine whether suffiaent evidence of a violation by the respondent exists
to warrant bringing a civil or criminal action, The city clerk may schedule hearings, mandate the appearance of
witnesses through the issuance of subpoenas and mandate the prowsion of documents through the issuance of
subpoenas for documents Subpoenas for documents may be directed to any custodian of records or to any other
person possessing or controlling such records
13-4-7 Hearing Procedures
The following procedures shall be used by the city clerk in any hearing
(a) The city clerk shall fix the date, time, duration, and place of each hearing;
(b) The complainant and the respondent may each be represented by counsel or other authorizetl representative,
(c) The city clerk may receive and consider testimony under oath, as well as ewdence of witnesses by affidavit,
giwng such evidence only such weight as seems proper after consideration of any ob~ection made to its admission;
(d) The legal rules of ewdence need not be strictly applied by the city clerk, The city clerk shall accept or re~ect
evidence based upon the aty clerk's evaluation of the reliability of that evidence; and
(e) The city clerk may refer to the provisions in Chapter 1-3, "Quasi-Judicial Hearings," B R C.1981, relating to
quasi-~udicial hearings, for guidance with respect to procedures that may be utilized at any hearing held pursuant to
this section However, final decisions regarding such procedures shall be determined by the city clerk in conformity
with the intent of these provisions and in a manner consistent with general principles of due process
13-4-8 Negative Determination by City Clerk.
If, upon completion of the city clerk's evaluation of ewdence, the city clerk determines that there is insufficient
evidence of a violation by the respondent to warrant bringing a civil or criminal action, the investigation shall be
terminated concerning that respondent In that event, the city clerk shall notify both the complainant and the
respondent of this determination Such notice shall be sufficient if it is deposited with the United States Postal
Service atldressed to the last known address of the complainant and the respondent
13-4-9 Power of City Clerk to Issue Remedial Order or Warning Letter.
If, upon completion of the hearing process, the city clerk determines that sufficient evidence exists to bring a civil or
criminal action, the aty clerk may direct the respondent to take remedial actions including, without limitation, the
following:
(a) Filing a corrected disclosure form,
(b) Publishing corrective advertising,
(c) Refuntling any private contributions obtained under false pretenses, antl
(d) Refunding to the aty any public monies inappropriately obtained for the financing of election actiwties
The city clerk may also issue the respondent a warning letter. The city attorney may bring a civil action following
compliance with a remetlial order as described in subsections (a) through (d) above for the purpose of incorporating
the terms of the order into a consent decree Otherwise, a warning letter or compliance by the respondent with a
remedial order will end the process, and no civil or criminal action will be filed.
13-4-10 Referral to City Attorney for Criminal or Civil Prosecution
If upon completion of the formal hearing process, the city clerk tletermines that sufficient ewdence exists to bring a
ciwl or criminal action and if the matter is not resolved through a warning letter or compliance with a remetlial order
issued by the city clerk, the matter shall be referred to the city attorney antl delegated legal counsel In such an
instance, the city attorney or delegatetl legal counsel will evaluate the case to determine whether or not criminal
prosecution or the bringing of a awl enforcement action is in the public interest
13-4-11 Remedies Not Exclusive
The procedures set forth by these prowsions shall not impair the right of any interested party, including the city clerk,
the city attorney, or a complainant, to notify the district attorney or the police of crimes that might be investigated or
potentially prosecuted by those agencies Nor shall these provisions preclude the city attorney from bringing criminal
charges without first exhausting the administrative hearing process set forth in these prowsions if the city attorney
feels that there is sufficient basis for a criminal prosecution and that the interests of justice requue prosecution prior
to exhaustion of the administrative process tlescribed in these provisions
13-4-12 No Appeal to City Council
No decision by the aty clerk made pursuant to this chapter shall be rewewed or reversed by the city council. The city
council shall not become involved in the handling of any matter brought or investigated pursuant to these prowsions
Nothing in this chapter shall be deemed to create a right of appeal to the city council by a person named in a request
for action
13-4-13 Confidentiality of Investigation.
The contents of files relating to pending inquiries or investigations into possible wolations of the provisions of
Chapter 13-2, "Campaign Financing Disclosure" or Chapter 13-3, "Campaign Actiwties," B R C 1981, shall not be
made public by the city clerk, the city attorney, or by any other person or agency that is conducting an o~cial
investigation on the part of the city into alleged or possible violations of this type. Nor will any preliminary reports or
drafts relating to the results of such investigations be made public. The city council finds that such disclosures could
compromise criminal ~ustice investigations Further, the city council finds that such disclosures would be contrary to
the public interest because such disclosures might have the effect of politically damaging a person or interest in a
case in which the final disposition of an investigation woultl not sustain a finding of misconduct The release of
interim findings or draft reports might in that manner interfere with the appropriate workings of the democratic
process