Court of
Appeals finds for Broomfield
Yesterday,
Jan. 8, the Colorado Court of Appeals issued its order in the
Fair Campaign Practices Act case involving actions that
occurred during the 2007 municipal election. The Court
affirmed the lower tribunal's determination that no violations
were committed by Broomfield or its staff.
The
complaint was originally brought by Colorado Ethics Watch (CEW)
which filed a complaint with the
Colorado Secretary of State alleging that the City, through
the actions of its employees, violated the Fair Campaign
Practices Act by using City staff time and resources to
research and provide information to candidates for city
council and one mayoral candidate, but not to others. That
information was used in a candidates’ forum.
CEW’s complaint was referred to the Office of Administrative
Courts which found that there was no violation. CEW appealed.
In Thursday’s decision, the court recognized Broomfield’s
policy to
provide public information to citizens who request it, and
agreed with the Administrative Law Judge’s original opinion
that
Broomfield exercised an even-handed approach in responding to
requests for information from any candidate.
The decision said the City’s responses to the requested
information were prepared to comply with its public
information policy, not to promote any candidate’s election,
and would have been provided to anyone who asked for it.