Durango’s city manager and four of five city councilors are accused of using city resources to advocate for a tax increase when state law forbids the practice.
Durango resident John Simpson, who has publicly advocated against proposed tax increases in the last year, has filed a complaint with Durango City Clerk Amy Phillips and is alleging Mayor Sweetie Marbury; city councilors Chris Bettin, Dean Brookie and Dick White; and City Manager Ron LeBlanc violated state campaign-finance rules barring municipal employees from spending city time or money to advocate for or against any local ballot issue. Mayor Pro Tempore Melissa Youssef is not named in the complaint.
Simpson alleges the councilors and LeBlanc used taxpayer dollars to produce and disseminate information in support of ballot measure 1A – a proposed tax that would increase sales tax by 0.5 percent to pay for the operation, maintenance and construction of streets, sidewalks, alleys, gutters and street-related improvements.
Simpson claims city officials violated state law when city councilors used time scheduled for councilor reports at a March 5 City Council meeting, for which they are paid to attend, to support ballot measure 1A. All City Council meetings are televised, and Marbury recognized earlier this year “that the television coverage of City Council meetings is a source of advertising,” Simpson said.
Youssef was at the March 5 meeting, but she did not engage in discussion about the proposed tax increase.
Colorado’s fair campaign practices permits members or employees of government agencies, departments, boards, divisions, bureaus, commissions and councils to spend personal money or time to urge electors to vote for or against a ballot issue.
Government entities may also use taxpayer money to disseminate “a factual summary” of a ballot question “which shall include arguments both for and against the proposal.”
Simpson alleges city councilors and LeBlanc used their access to city-furnished equipment and resources to encourage electors to vote for the ballot measure, a violation of Colorado law.
“It just seemed like something was not right in being able to only present one side of the story,” Simpson said.
The authority to decide whether city officials violated campaign finance rules lies with the city clerk’s office, Secretary of State officials said. The clerk’s office reports to LeBlanc and the city manager’s office, which reports to City Council.
In a tweet Tuesday afternoon the city said: “Today the city received a complaint from a citizen alleging violation of the Fair Campaign Practices Act by councilors and staff. This is the first complaint of this type that the City has ever received. There is a process that the City will follow, and that is underway.”
Brookie and Bettin said they are aware of the complaint but declined to comment. White said he understands elected officials may advocate for or against a ballot issue, but when asked about whether city time and money were used to do so, he directed comment to City Attorney Dirk Nelson.
LeBlanc said the City Attorney’s Office will be investigating the allegations made in the complaint, but he could not outline the parameters of that investigation.
Phillips, whose ultimate decision it will be as to whether campaign finance rules were violated, said this is the first complaint of this sort to be filed with the city.
Phillips declined to discuss the parameters in which she will make a decision. Nelson and Marbury did not immediately respond to requests for comment.
“All council members and Mr. LeBlanc were fully aware of the costs being incurred by the city of Durango, including their own salaries and benefits that they personally benefit from as well as the salaries of Mr. Nelson (city attorney) and Ms. Phillips, and to produce the television broadcast while supporting Ballot Question 1-A,” Simpson wrote in his complaint.
City officials further violated campaign finance rules when they produced a March 6 program called “Council Connections,” which recapped the comments from the previous evening’s City Council meeting in support of ballot measure 1A, Simpson alleges.
In response, Simpson wants the city clerk’s office to order that the accused not release any information about ballot measure 1A without presenting supportive and opposing arguments.
“I’m not really into having this be a punitive situation, but we need to know what the law is and if they are violating it, let’s stop,” Simpson said.
bhauff@durangoherald.com
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