Sec. 54-108. Sanctions.
(a) In accordance with the process in section 54-107, a hearing officer must determine by a preponderance of the evidence if a violation of this article has occurred and issued a final determination that includes all findings of fact and conclusions of law. Upon a finding against a respondent, the hearing officer must impose all necessary penalties under this section. The respondent may appeal the hearing officer's final determination to the municipal court within 30 days of the decision.
(b) The city clerk must impose a penalty of $50.00 per day for each of the first three days that a statement, report, or other information required by this article is not filed by the day due. Thereafter the penalty for late filing is $100.00 per day until the statement, report, or other information is filed with the city clerk. The city clerk must, by the close of business on the next business day, send notice of late filing and penalty to the person who is required to file. The penalties will begin accruing immediately, regardless of whether this notice is received. A person who fails to file three or more successive statements or reports required by section 54-103, 54-104, or 54-105.5 is subject to a penalty of up to $500.00 for each day that a statement or report is not filed by the day due. A person who knowingly fails to file three or more reports due under section 54-105.5 is subject to a penalty of up to $1,000 for each day that the report is past due. All notices of late filings and penalties must be publicly posted on the city clerk's page on the city of Aurora website. If the penalty is not paid within 30 days of demand, the matter must be referred to a hearing officer in accordance with the procedure specified in section 54-107 and subsection (a) of this section.
(c) Failure to comply with the provisions of this article will not invalidate any election.
(d) Any individual volunteering time on behalf of a candidate or committee is exempt from any liability for a penalty imposed according to this section in any proceeding that is based on an act or omission of such volunteer if:
(1) The volunteer was acting in good faith and within the scope of such volunteer's official functions and duties for the candidate or committee; and
(2) The violation was not caused by willful and intentional misconduct by the volunteer.
(e) Waiver.
(1) A person who has been assessed a late filing penalty under subsection (b) of this section may request that the city clerk grant a waiver or reduction of the penalty within 10 business days of the penalty's final accrual. The waiver request must include the following information:
a. The reason for the delinquency in filing, including all relevant information related to the delinquency.
b. Remedial actions taken to avoid future delinquencies.
c. Any other information relevant to the waiver request.
(2) The city clerk must consider the waiver request and respond to the request with a written final decision within five business days.
(3) Before issuing a final decision on a waiver request, the city clerk may consider:
a. The requesting person's history of delinquency.
b. Circumstances that made complying with the deadline impractical, including whether the city clerk's electronic filing system was operational at the time of the delinquency.
c. Outstanding penalties owed by the requesting person.
d. The date when the requesting person filed the waiver request.
(f) Any person who disputes the clerk's assessment of a penalty against that person under subsection (b) of this section may petition the city clerk for a hearing concerning the decision no later than 30 days after having been notified of any such decision. The hearing will be resolved by administrative hearings procedures according to section 50-26, with the city clerk or a hearing officer appointed by the clerk to serve as designated by and under the authority of the municipal court.
(g) Unpaid debts. Any unpaid debt owed to the city resulting from a penalty imposed under this section will be collected by the city in accordance with the requirements of section 50-138.
(h) Any person who knowingly violates any provision of this article, including the prohibitions and limits on contributions in sections 54-101 and 54-105, or who gives or accepts any contribution or donation in such a way as to hinder or prevent identification of the true contributor or donor, in addition to any other penalties provided by law, will be subject to a penalty of $10,000 or three times the amount of the contribution, donation, or expenditure that was illegally accepted or made, whichever is greater.
(i) The city clerk satisfies all notice requirements of this article by sending notice to the mailing addresses provided under section 54-103(c) or 54-105.5(a), as applicable.
(j) Any penalties assessed under this article, and any improperly attributed or nonattributed donations campaigns have to disgorge due to lack of proper documentation shall be deposited in a fund established by the city clerk for administering campaigns and for producing educational materials explaining Aurora's campaign finance provisions. (Ord. No. 2020-58, § 2, 11-16-2020)