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Media Release

January 9, 2009

Media Contacts:

Rosann Doran
Public Information Officer
303.438.6308

                                                         

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.

City and County Manager George Di Ciero said he was “pleased” with the decision.   

City and County Attorney Bill Tuthill noted that the decision, while long awaited, was well documented in existing law. It also underscored the plain meaning of legislative language in existing law.  “Trying to read meaning into statute that isn’t there would wreak havoc on the law,” Tuthill said.