Case Number: COLORADO COURT OF APPEALS 101 W. Colfax Ave., Suite 800 Denver CO,
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1 COLORADO COURT OF APPEALS 101 W. Colfax Ave., Suite 800 Denver CO, State of Colorado Office of Administrative Courts th Street, Suite 1300; Denver, CO Honorable Robert N. Spencer, Administrative Law Judge Case No.: 0S COURT USE ONLY IN THE MATTER OF: THE COMPLAINT FILED BY THE CITY OF COLORADO SPRINGS ( APPELLANT ) and COLORADO ETHICS WATCH REGARDING ALLEGED CAMPAIGN AND POLITICAL FINANCE VIOLATIONS BY THE REFORM TEAM AND DOUGLAS BRUCE Attorneys for Appellant City of Colorado Springs: Patricia K. Kelly, City Attorney/Chief Legal Officer Shane White, Assistant City Attorney P.O. Box 1575, Mail Code South Nevada Avenue, Suite 501 Colorado Springs, CO Telephone: (719) Fax number: (719) Atty. Reg. # 14408; NOTICE OF APPEAL Case Number:
2 I. AGENCY INFORMATION. Agency: State of Colorado Office of Administrative Courts Party Initiating Appeal: City of Colorado Springs Agency Case Number: 0S II. DESCRIPTION OF THE NATURE OF THE CASE. A. NATURE OF THE CONTROVERSY: This appeal arises out of a complaint against Douglas Bruce and his Reform Team. The Reform Team consists of Mr. Bruce and four others all of which were candidates running for Colorado Springs City Council. On March 10, 2011, Colorado Ethics Watch submitted the complaint to the City of Colorado Springs ( City ) asking the City investigate whether Mr. Bruce and his Reform Team violated campaign finance laws by failing to register as individual candidate committees and failing to report individual campaign contributions and expenditures. On March 14, 2011, the City forwarded the complaint to the Colorado Secretary of State who in return referred the matter to the Office of Administrative Courts for assignment to an Administrative Law Judge ( ALJ ). On March 18, 2011, Administrative Law Judge Robert N. Spencer dismissed the complaint and returned the matter to the City for investigation and prosecution. Judge Spencer found that the ALJ lacked 2
3 jurisdiction to conduct a hearing because the City s municipal code provided for campaign registration and disclosure practices, and thus superseded state law. B. ORDER BEING APPEALED AND STATEMENT OF APPELLATE COURT S JURISDICTION: The City is appealing the ALJ s order of March 18, 2011, dismissing the complaint for lack of jurisdiction. The Appellate Court has jurisdiction pursuant to Colo. Const. art. XXVIII, section 9(1)(f); (11), C.R.S.; and C.A.R. 3(e). C. WHETHER THE ORDER RESOLVED ALL ISSUES PENDING BEFORE THE AGENCY: The March 18, 2011, order dismissed the matter for lack of jurisdiction. As such, no issues were resolved. D. WHETHER THE ORDER IS FINAL FOR PURPOSES OF APPEAL: The March 18, 2011, order was a final agency decision subject to review by the Colorado Court of Appeals. E. DATE OF SERVICE OF THE FINAL ORDER: The order was mailed on March 18, III. ADVISORY LISTING OF ISSUES TO BE RAISED ON APPEAL. Whether a conflict exists between the Colorado Springs City Code and the Fair Campaign Practices Act if violations of campaign disclosures are not alleged to be knowing. 3
4 IV. TRANSCRIPT OF EVIDENCE TAKEN BEFORE THE ADMINISTRATIVE AGENCY. No evidence was taken before the administrative agency. Therefore, a transcript is not necessary to resolve the issue raised on appeal. V. ATTORNEY INFORMATION. Attorneys for the City of Colorado Springs: Patricia K. Kelly, City Attorney/Chief Legal Officer, #14408 Shane White, Assistant City Attorney, #19034 P.O. Box 1575, Mail Code South Nevada Avenue, Suite 501 Colorado Springs, CO Telephone: (719) No other counsel appeared. VI. APPENDICES. Attached to this Notice of Appeal as Exhibit A, is a copy of the ALJ s Order of Dismissal of March 18, VII. CERTIFICATE OF SERVICE. A Certificate of Service of the Notice of Appeal and attachments on the state agency and all other persons associated with the action before the agency is attached. 4
5 Respectfully submitted this 28 th day of April, PATRICIA K. KELLY City Attorney/Chief Legal Officer Reg. No s/ Shane White Shane White, Assistant City Attorney Reg. No City Attorney s Office swhite@springsgov.com Attorneys for Appellant In accordance with C.R.C.P. 121 Section 1-26(9), a printed copy of this document with original signatures is maintained by the City Attorney s Office and will be made available for inspection by other parties or the Court upon request. 5
6 CERTIFICATE OF SERVICE (LEXISNEXIS) I hereby certify that I have electronically filed a true copy of the foregoing Notice of Appeal this 28 th day of April, 2011, to the Colorado Court of Appeals by and through the LEXISNEXIS Electronic Filing System and have designated notification of the filing to the following: Colorado Court of Appeals 101 W. Colfax Ave., Suite 800 Denver, CO William Hobbs Secretary of State s Office 1700 Broadway, Suite 270 Denver, CO Ed Bircham 5224 Miranda Place Colorado Springs, CO Douglas Bruce P.O. Box Colorado Springs, CO State of Colorado Office of Administrative Courts th Street, Suite 1300 Denver, CO Luis Toro Colorado Ethics Watch 1630 Welton Street, #415 Denver, CO Richard Bruce 1870 Manning Colorado Springs, CO Helen Collins 632 Lakewood Circle Colorado Springs, CO Gretchen Kasameyer 3820 Valley View Street Colorado Springs, CO s/ Laura K. Oakley Laura K. Oakley Legal Assistant 6
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