The City of Englewood is facing criticism over a possible campaign law violation after using taxpayer dollars to purchase lawn signs advocating for the passage of one of its ballot measures.  

According to Colorado Community Media, the signs, encouraging voters to approve an over $40 million bond measure for the city’s parks, were purchased on July 1, before the city council officially voted to put the question on the ballot for residents. 

About $2,000 in taxpayer funds was used to purchase 250 lawn signs, which read, “Yes to Parks & Recreation – Support Englewood’s Parks & Recreation Bond.” The signs do not disclose their funding source, another potential violation under Colorado’s Fair Campaign Practices Act (FCPA). 

Although the city’s director of communications and director of parks approved the sign purchases, higher-level officials like Mayor Othoniel Sierra and City Manager Shawn Lewis did not find out until months later.  

Martha Tierney, an attorney specializing in election law, suggests that the city likely did not violate the FCPA by purchasing the signs, as they were bought before the city council had finalized the bond measure’s official title and language. However, the lack of a disclaimer notice on the signs could still be a potential violation, depending on whether the city has a disclaimer requirement in place, she said.

Englewood’s city attorney had told the parks department that purchasing the signs was permissible under the FCPA. However, to be sure, Communications Director Chris Harguth said the city hired a third-party attorney to review the matter and provide further clarification. Harguth said the review found the city had not committed any violations, but was unable to provide the official report, citing attorney-client privilege. 

According to Harguth, the signs purchased prior to the bond measure being approved for the ballot were purchased because “many residents” requested them.

“Staff acknowledges that this was an error in judgment,” he said. “The city sincerely regrets this mistake and is committed to implementing new policies and training to prevent this from happening again. While the expenditure was likely legally compliant, the city acknowledges that the purchase was a mistake and has raised legitimate concerns about appropriate use of taxpayer funds. We regret and apologize for any loss of trust this has caused with our residents.”

Harguth added that the city’s attorney and City Manager Lewis have prepared an ordinance to “prevent public funds from being used for any future ballot-related expenses.”

Along with implementing new policies and training, the city is asking residents to return their signs. According to City Manager Lewis, they had received about half of the signs back as of last week, which Harguth said will be “repurposed for other city programs and events.”

“It’s my responsibility to ensure that staff knows the actions that can and should be taken to ensure public trust, but also that they know the actions that could erode that trust,” Lewis said, adding that he has “taken the necessary personnel steps to address this issue” and is in communications with the city’s HR director about potential disciplinary actions. 

This story has been updated to reflect the results of the third-party review.