Colorado Ethics Watch is filing today its opening brief in its appeal of an administrative law judge's decision, with statewide implications, that allows the City and County of Broomfield to make seemingly unlawful campaign contributions to select mayoral and City Council candidates.

Administrative Law Judge Robert Spencer found that City Manager George DiCiero directed city staff to prepare answers to a candidate questionnaire for a mayoral candidate, knowing that the candidate intended to use the answers at an election forum. Nevertheless, Judge Spencer ruled that city staff did not provide the answers for the purpose of promoting that candidate’s campaign.

Documents indicate that Assistant City Manager Kevin Standbridge, with DiCiero’s approval, instructed city staff to prepare answers to a candidate questionnaire distributed by F.R.I.E.N.D.S. Unlimited, a nonprofit group providing services to developmentally disabled citizens. The FRIENDS questionnaire was distributed to certain municipal candidates in preparation for a forum hosted by FRIENDS on October 10, 2007. Before the forum, Standbridge provided the answers to only one mayoral candidate, a friend of the city manager, and the incumbent city council members, but not to the opponents of those candidates.

The Fair Campaign Practices Act (FCPA) prohibits political subdivisions, like Broomfield, from making any campaign contribution, including paid staff time, which is an in-kind contribution under state law.