Clerk requests additional info on complaints
Campaign finance complaints have been filed against three Broomfield City Council candidates and two small-scale issue committees.
The complaints, which were filed by Broomfield County Democrats Chair Neil Allaire, allege violations by Ward 5 candidate Adam Gobetti, Ward 5 recall alternate candidate Maria Boutrous and Ward 1 candidate Chriss Hammerschmidt.
Allaire also filed complaints against two small-scale issue committees, the Citizens for a
Sustainable Broomfield committee and the Recall Todd Cohen and Heidi Henkel committee.
Broomfield City and County Clerk Crystal Clemens released a series of Order to Show Cause documents Friday asking the candidates and registered committee agent to “provide further clarification” regarding the specific complaints.
The respondents will have five days to respond to the orders by providing further information, admitting to the violations and paying the penalties, or denying the violations with a “detailed explanation.” Failure to respond will result in the clerk’s decision finding violations and assessing penalties to be final.
In one complaint against Boutrous regarding failure to include a financial disclaimer on distributed campaign materials, the clerk issued a $408 fine. Per the Colorado Rules Concerning Campaign and Political Finance, the fine is set at the minimum of 10% of the cost of the distributed materials.
The other complaints against Boutrous include failure to report expenditures and contributions, accepting donations from Gobetti’s campaign and donating to issue committees. Further information including expense reports for costs shared with Gobetti’s campaign will need to be provided before the clerk can determine if the violations occurred.
Boutrous did not respond to requests for comment.
The complaints filed against Gobetti include failure to report expenditures and contributions, making contributions to Boutrous’s campaign and donating to issue committees. The clerk has asked his campaign to provide additional information as well before determining whether or not violations occurred.
“We’re cleared as far as everything (being) exactly as expected, because it’s complete and utter nonsense,” Gobetti said. “For just about every campaign before this,
they do the same thing in the last week or two. All of a sudden complaints come out that are proven to be in most cases nonsense and other cases minor, minor, minor infractions.”
Gobetti also said he believes the Decline Broomfield Recall committee, registered under Allaire, falsely reported the occupation of a large contributor in an effort to hide the donors ties to real estate. No campaign financial complaints have been filed at this time, but Gobetti said “a few different people” are working to file complaints soon.
The documents published Friday also dismissed some of the complaints against Gobetti and Boutrous’ campaigns, including complaints of Gobetti providing an in-kind donation by promoting Boutrous in a Youtube video. The clerk determined that because the promotion on Youtube was free, no market value for the alleged donation can be determined.
The complaints against Citizens for a Sustainable Broomfield committee and Recall Todd Cohen and Heidi Henkel allege that the two small-scale issue committees are a “scheme” to avoid financial disclosure requirements.
Small-scale issue committees can raise up to $5,000 before financial disclosure is required. With both committees registered under the same agent and both listing support of the Ward 5 recall as their registered purpose, the complaint alleges that they are not independent committees and are attempting to raise up to $10,000 before reporting financials.
The registration forms for both committees state similar purposes and both are registered under the same agent.
The complaint also alleges that a small-scale issue committee is not permitted to support or oppose candidates. In order to take a stance on a candidate, a committee must file as a political committee, which is required to report all financials.
Small scale issue committees are allowed to support ballot questions, including recalls.
The registered agent for both committees, Karl Honegger, has been asked to provide additional information as well, including who “established, finances, maintains, and controls” the committees.
“The additional information about the purpose of the issue committees will be provided sometime after (Tuesday) due to the ongoing effort by myself and my friends to recall the Ward 5 Council-bullies,” Honegger said. “I continue to receive mailers accusing me of being a MAGA extremist regardless of the fact that I have never even advocated for Trump. It’s obvious that the head of the county Democrat’s filing this complaint is an extension of this bullying and name calling.”
Hammerschmidt had one complaint filed against her as well, for not including a financial disclaimer on door hangers distributed to residents. The clerk issued a $70.27 fine for the violation.
“Neil Allaire has a history of filing campaign finance reports before the election,” Hammerschmidt said. “I corrected my error once I realized my mistake … I have asked the city clerk to work with me on a resolution.”
Allaire said, “I obviously have an interest in this election and these violations, but honestly, I also deeply believe that transparency is crucial to our democratic system. Campaign finance laws, as simple or unimportant any one might seem, are really important (because) they guard the transparency that democracy depends upon.”
Gobetti, Boutrous, Hammerschmidt and Honegger have until 5 p.m. Nov. 13 to respond to the clerk’s requests.