The following is the complete text of the complaints filed with Longmont City Clerk Valeria Skitt. Exhibits are available from the Longmont City Clerk’s office.
Report on Alleged Violation of LFCPA
Submitted by Kaye Fissinger
July 13, 2010
The LFCPA defines an “issue committee” as follows: (2.04.203)
“Issue committee” means two or more persons who are elected, appointed, or chosen, or have associated themselves for the purpose of accepting contributions and making expenditures to support or oppose any ballot issue or ballot question. “Issue committee” does not include political committees or candidate committees. A married couple shall not be considered an “issue committee.”
The LFCPA defines a “political committee” as follows: (2.04.203)
“Political committee” means two or more persons who are elected, appointed, or chosen, or have associated themselves for the purpose of making contributions to candidate committees, issue committees, or other political committees, or for the purpose of making independent expenditures. “Political committee” does not include issue committees, candidate committees, or married couples.
I hereby allege that the issue committee known as Longmont Watch has violated the Longmont Fair Campaign Practices Act (LFCPA). Longmont Watch came into existence to oppose collective bargaining for Longmont’s fire and police employees, an issue on the November 2008 ballot, and is, therefore, an issue committee. At the time of its formation, there were no local candidates running for office. Further, Longmont Watch, made no contribution to any candidate that was running for any office during the 2008 election cycle, as evidenced by their expenditure reports. (Exhibit A)
Longmont Watch had a balance of $791.85 in its report December 3, 2008 and the balanced remained until it was dispersed in three equal portions to three candidates for Longmont City Council on September 24, 2009. (Exhibit B)
Section 2.04.205 Section C of LFCPA states: “Unexpended contribution to an issue committee may be donated to any charitable organization recognized by the Internal Revenue Service or returned to the contributor.
Longmont Watch dispersed the remaining balance in their account to each of three candidate committees divided equally ($263.95) to Katie Witt, Alex Sammoury and Gabe Santos. The LFPCA does not permit an issue committee to disperse unexpended funds to a candidate committee.
The LFCPA defines “conduit” as follows: (2.04.203)
“Conduit” means a person who transmits any contribution from another person directly to a candidate, candidate committee or issue committee with the intent of hiding the identity of the contributor.
By dispersing funds to the three candidate committees, the registered agent acted as a conduit for contributions made by individuals to the issue committee. Further, an examination of the names of contributors to Longmont Watch certain names were also contributors to these candidates.
Section 2.04.104 Section F parts 1 and 2 of the LFCPA set contribution limits as follows:
1. A natural person shall not contribute more than $200.00 to any one candidate committee for an election or special election, except that this limit shall not apply to contributions by a candidate to the candidate’s own committee.
2. Persons, other than natural persons, shall not contribute more than $500.00 to any one candidate
committee for an election or special election.
Three contributors to Longmont Watch made maximum contributions to a candidate(s) committee:
Chris Treharne: $200 to Alex Sammoury
Stephen Strong : $200 to Katie Witt
Steve Strong: $200 to Gabe Santos
Frontier Companies: $500 to Gabe Santos
Inasmuch as contributions accepted by Longmont Watch were not segregated by contributor, subsequent contributions made to the afore-mentioned candidates resulted in excess contributions received by said candidates from the named individuals and company. Gabe Santos, Katie Witt and Alex Sammoury failed to return the illegal contributions either within the designated 72-hour time period or as disallowed by LFCPA 2.04.205 Section C.
The LFCPA provides for penalties for violations in 2.04.211 Section C as follows:
• Use of unexpended campaign funds in violation of this Act – $400.
• Acting as a conduit in violation of this Act – $400 for each violation.
• Accepting contributions in excess of the amounts allowed by this Act – $400, except that it shall not be considered a violation if the candidate or issue committee returns the contribution within 72 hours of its receipt. Each such contribution accepted in excess of the amounts allowed by this Act shall be a separate violation.
No legal or formal changes to the Longmont Fair Campaign Practices Act have yet been made. Therefore, the outlined violations must be pursued and prosecuted under the LFCPA as it currently exists.
The following are attached:
Exhibit A: Expenditure Reports for Longmont Watch
Exhibit B: Expenditure Report for Longmont Watch documenting contributions to Alex Sammoury, Katie Witt and Gabe Santos
Exhibit C: Summary of Longmont Watch contributors with highlighted names who also contributed to the candidates named above.
Exhibit D: Evidence of maximum contributions by Frontier Companies, Steven Strong, and Chris Treharne to candidates Sammoury, Witt and/or Santos