Greater penalty sought on recall committee

DENVER — Commissioner Bill Patterson says the committee that attempted to recall him should be fined more for violating campaign finance laws.

In a cross-appeal filed last week, he also argues the administrative law judge who initially fined the committee erred when she did not award him attorneys fees.

The Patterson Recall Committee was fined close to $10,000 by Administrative Law Judge Michelle Norcross this past February.

Norcross found the committee violated the campaign laws that govern the reporting of campaign contributions and expenditures. She rejected the committee’s argument that its obligation to report ended once the county clerk ruled recall petition signatures insufficient.

The committee’s appeal, filed in late March, argued Norcoss did not have jurisdiction over the complaint, which, it said, should’ve been filed with the county clerk.

Al Head, Joe Goecke and Mike Gordon attempted in 2007 to have Patterson recalled over what they said was inappropriate influence over finances at Montrose Regional Airport. Head, owner of Western Skyways, is a co-tenant with JetAway Aviation, which is embroiled in litigation with the county and which recently had its on-airport access revoked over safety issues. (Western Skyways’ access was not revoked).

An independent investigation through the LaPlata County district attorney’s office found no evidence Patterson committed a crime. The recall failed after Montrose County Clerk and Recorder Fran Tipton Long rejected scores of petition signatures. The recall committee protested her finding, then sued her on constitutional grounds when she upheld her original decision. It later withdrew the suit, effectively ending the recall.

But Patterson said he still wants to know who, other than a local real estate company noted in a July report, financed the recall effort.

His cross-appeal and answer brief, filed Nov. 12, contends the committee should also be fined an additional $11,400 for failing to file reports between October 2007 and Jan. 28. Patterson did not object to the original penalty of $9,750 that was imposed on the recall committee for failure to fully report contributions and expenditures.

But the brief said Norcross erred by accepting, without evidence, that the recall committee had acted in the good-faith belief that it wasn’t required to file reports from October 2007 to January 2008.

“Once a violation of the Fair Campaign Practices Act is found, imposing a penalty is mandatory; there is no ‘good faith’ exception for an issue committee’s failure to comply with reporting requirements,” the document stated.

The brief also states Norcross had authority under statute to decide the initial complaint and the county clerk was not the only person with such authority.

Patterson is asking for attorneys fees and double the cost incurred in responding to the appeal.