Deputy Secretary denies motion to dismiss campaign finance complaint

The Colorado Deputy Secretary of State denied a motion on Dec. 18 to dismiss a campaign finance complaint against the City of Glenwood Springs, ordering further investigation into allegations that public funds were used to support Ballot Measure 2A. 

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The complaint, filed by Glenwood Springs resident and former city councilor Tony Hershey, alleges the city of Glenwood Springs “engaged in unlawful political advocacy through its awarding of funds to a local chamber of commerce” related to advocacy for Ballot Measure 2A, which narrowly passed in November.

Hershey’s complaint draws a thread from the awarding of a city contract to promote tourism in Glenwood Springs to the Glenwood Springs Chamber Resort Association earlier in the year and then to advocacy work by Paving Glenwood Forward to promote passage of Ballot Measure 2A.

The complaint alleges the chamber used its committee, Community on the Move, to create a subcommittee, Paving Glenwood Forward, which advocated for the tax renewal. 

Hershey claims this arrangement violated Colorado’s Fair Campaign Practices Act (FCPA). 

“The city can’t fund an election,” Hershey said. “They’re using public money to help fund a campaign for the street tax, and that’s illegal.”

The complaint cites comments made Oct. 3 at a council meeting by Glenwood Springs City Councilor Jonathan Godes at the meeting when the tourism contract was approved.

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“We were asking the chamber to help pass our street tax, so we didn’t want to make them mad,” Godes said. 

Hershey said this statement confirms a quid pro quo. 

“That council member said the quiet part out loud,” Hershey said. “It’s that they fund the chamber, the chamber campaigns for the tax, and the city gets millions in tax money.”

Hershey also highlighted the chamber’s website, which stated that its Community on the Move committee “has worked to pass every major tax initiative for community infrastructure and improvements in the past 30 years.” The website, he noted, was edited after concerns were raised in an Oct. 16 letter to the editor to the Post Independent. 

Glenwood Springs Chamber CEO Angie Anderson said, “The Chamber intends to fully cooperate with the Secretary of State’s investigation in this matter. As the investigation by the Secretary is ongoing, the Chamber does not feel it is appropriate to comment or take a position in the press at this time.”

Mayor Ingrid Wussow said she did not think the complaint would bear fruit against the city or the chamber. 

“It’s easy to make an accusation, but I have yet to see any evidence of it in writing,” Wussow said. “I’ve seen no dollar signs, no budget. I’ve seen nothing that was a violation.”

Wussow added that Visit Glenwood has and continues to do important work in promoting tourism to Glenwood Springs. 

“Visit Glenwood is who gets the contract through the chamber,” Wussow said. “I think they do an excellent job of satisfying the goals approved via the tax measure.”

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The Deputy Secretary of State, Christopher Beall, emphasized that the allegations, if true, could constitute a campaign finance violation. Beall noted that citizen complaints are to be construed liberally at this stage to determine whether a plausible violation occurred. His order directs the Secretary of State’s office to investigate whether the city used public funds indirectly to advocate for ballot measure 2A through its contract with the chamber.

Hershey argued that the city council should avoid these situations altogether. 

“They need to follow the rules, whatever the result of that election,” Hershey said. 

The investigation will focus on whether city officials and the chamber coordinated advocacy efforts, whether public funds were used directly or indirectly, and whether the chamber provided undisclosed assistance to Paving Glenwood Forward. Investigators may review emails, contracts, and financial records.

Hershey believes transparency issues extend beyond the tax measure. 

“The bulk of the chamber’s funding comes from the city,” Hershey said. “Without that $1.5 million, the Glenwood chamber would not exist.”

The $1.5 million contract does not mean the Chamber receives $1.5 in revenue, however. The marketing management plan states nearly $1.4 million goes to advertising and marketing efforts such as social media and more, $125,000 goes to fund operating costs for the visitor’s center in downtown Glenwood Springs and $237,500 goes to support costs such as benefits and payroll for Visit Glenwood employees.

Wussow emphasized the city’s commitment to transparency. 

“We have made changes so the city website and clerk processes are more accessible,” Wussow said. “We are an open book and optimistically fiscally responsible.”

Although the investigation may lead to penalties, the results of the election are final. Under Colorado law, campaign finance violations do not overturn election outcomes.