HomeMy WebLinkAbout2026 Ordinance No. 0331
ORDINANCE COUNCIL BILL NO. 40
NO. 33 INTRODUCED BY COUNCIL
SERIES OF 2026 MEMBER PRANGE
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
TITLE 1, CHAPTER 8 TO ESTABLISH CITY CLERK AUTHORITY TO
REFER FAIR CAMPAIGN PRACTICES ACT COMPLAINTS TO THE
SECRETARY OF STATE IN INSTANCES OF CONFLICT OF INTEREST
WHEREAS, the City of Englewood, Colorado, (the “City”), is a home rule municipality,
organized and existing under Article XX, Section 6 of the Colorado Constitution; and
WHEREAS, pursuant to Englewood Municipal Code Section 1-8-9, City of Englewood
City Clerk (the “Clerk”) is required to oversee the administration of complaints for violations of
the Fair Campaign Practices Act, including violations of Article XXVIII of the State Constitution,
Colorado Revised Statutes Article 45, or applicable campaign finance rules (altogether, “FCPA”);
and
WHEREAS, the Clerk may at times face potential conflicts of interest between
themselves, their staff, and either the complainant or respondent in an FCPA complaint that would
affect the Clerk’s ability to effectively fulfill their role as administrator of said complaints; and
WHEREAS, after initially reviewing an FCPA complaint, the Clerk determines that the
complaint identifies a specific violation and satisfies both local and state requirements for a
sufficient complaint, the Clerk is authorized to refer the complaint to the Colorado Secretary of
State (the “Secretary”) within fourteen business days of receiving the complaint if the municipality
has adopted an ordinance authorizing referral based on an actual or potential conflict of the Clerk
or the Clerk's staff, as determined in writing by the Clerk, per Colorado Revised Statutes (“C.R.S.”)
§ 1-45-111.7(10)(a), (c)(I); and
WHEREAS, in accordance with C.R.S. § 1-45-111.7(10)(d), a municipal ordinance that
authorizes the municipality to refer a campaign finance complaint to the Secretary must: (1)
authorize the Secretary to process, investigate, and resolve the campaign finance complaint; (2)
permit the filing of a campaign finance complaint no more than one hundred eighty days after the
date on which the complainant either knew or should have known, by the exercise of reasonable
diligence, of the alleged violation; (3) require the filing of a campaign finance complaint to be in
writing and signed by the complainant on a form provided by the Secretary, including
identification of one or more respondents and including the information required to be provided
on the form; (4) direct the municipality to cooperate with the Secretary in the processing and
investigation of the campaign finance complaint; and (5) disclaim any interest of the municipality
in fines collected in connection with a referred campaign finance complaint; and
WHEREAS, the City of Englewood City Council intends to authorize the Clerk to refer
aforementioned complaints to the Secretary in order to effectively administrate FCPA complaints
while avoiding future conflicts of interest between the Clerk or the Clerk’s staff, and a complainant
or respondent.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO:
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Section 1. Amendment of Title 1. Englewood Municipal Code Title 1 Chapter 8 shall
be amended to add Section 10 to read as follows (new provisions underlined):
1-8-10: Conflict of Interest; Referral to Secretary of State
The City Clerk may refer to the Colorado Secretary of State any campaign finance complaint filed
with the Clerk under EMC § 1-8-9 when there is an actual or potential conflict of interest between
City Clerk Office staff and either the complainant or respondent, including when a complaint is
filed by or against a City elected official, a City department, or a City staff member. The complaint
shall be referred pursuant to C.R.S. § 1-45-111.7(10) and any other applicable statutory
requirements.
Section 2. The following general provisions and findings are applicable to the
interpretation and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
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Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance, and has authority to correct formatting
and/or typographical errors discovered during codification.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced and passed on first reading on the 4th day of May, 2026; and on second reading,
in identical form to the first reading, on the 18th day of May, 2026.
_____________________
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Andreina Prado, Acting City Clerk
I, Andreina Prado, Acting City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form
on first and second reading on the dates indicated above; and published two days after each
passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall
become effective thirty (30) days after first publication on the City’s official website.
Andreina Prado
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