HomeMy WebLinkAbout1977-10-11 CorrespondenceAOWA JOHNSON ARTS
CITY COUNTY COUNCIL
C/O BOX 375 IOWA CITY. IOWA 52240
October 6, 1977
Members of the City Council
Civic Center
Iowa City, IA 52240
Dear Council Members:
L,
7!9LS DD
71
ABSIE STQLFUS
CITY CLERK
The Iowa City/Johnson County Arts Council has been providing services
to the community and to local artists since 1975 with the aid of
the National Endowment for the Arts, the Iowa State Arts Council,
City and County governments, and local contributions. For this
assistance, we owe thanks to all those involved.
The organization is now approaching the point where various grants
are concluding and self-sufficiency is of the utmost importance to
its survival. Fundraising is, therefore, a pressing concern. The
Iowa City/Johnson County Arts Council has recently approved a
project which would doubly benefit the community. The Council
members will sell high quality, low cost children's art easels to
the public. Volunteers will construct the easels from materials,
some of which will be donated. This project will not only raise
much needed funds for the organization to continue its service-
oriented programs, but will also provide children with an inexpensive
aid to the development of creativity and important living skills.
In order to implement this project, a suitable space is needed to
serve as a workshop and sales area. Several Council members have
donated space in their own studios for fabricating parts, but a
central location is imperative for the project to reach the public.
We are, therefore, asking the City Council to allow the Arts Council
the use of the temporary building in the Clinton Street Mall
formerly housing Epstein's Book Store. This space would be used
as an assembly and sales room for the easels as well as a temporary
public gallery. The Council would take the responsibility for
cleaning it and making it an attractive location on the Mall.
Since this is a pre -Christmas fundraising project, we would need the
use of this building only until December 26, 1977.
The results of this project will help to realize the Iowa City/
Johnson County Arts Council's goals of establishing permanent
gallery space in the community, an annual professional art show,
continuing to bring high quality performing arts to the community,
3337
Members of the City Council
Page 2
October 6, 1977
and supporting programs which bring the arts to everyone, including
the elderly, the young, the handicapped, and the disadvantaged.
We sincerely hope that the City Council will help us realize our
goal by allowing us the temporary use of the Mall space.
Yours truly, ,� \
101,
Marilyn Levin
President
ML:ef
J. PATRICK WHITE
JACK W. DOOLEY
DANIEL L. DRAY
City Council
Civic Center
Iowa City, Iowa
WHITE LAW OFFICES
ATTORNEYS
330 SOUTH CLINTON STREET
IOWA CITY. IOWA 52240
October 4, 1977
52240
Madam Mayor and Members of the Council:
AREA CODE 319
PHONE 339.7968
This office represents Pleasant Valley Orchards and
Nursery, Inc., 1301 South Gilbert, Iowa City. The President
of that corporation, Arie Kroeze appeared before you on
September 27th to express objections to the so-called "north
site" as a possible location for a new waste water treatment
plant.
Your agenda for tonight's meeting carries as item
fourteen a proposed resolution adopting this so-called "north
site." I am unable to attend your meeting this evening and
the purpose of this letter is to state my client's objections
on legal grounds to your adoption of this resolution and
any action taken pursuant to such resolution.
Please be advised that my client will consider adoption
of a favored site and any specific planning of such a site
to be a violation of the National Environmental Policy Act
if such action is taken without first preparing for comment
a draft environmental impact statement which evaluates, in
the required detail, alternative sites. Only after or as
part of the requisite environmental analysis can a favorable
site be designated.
You are requested to defer action on this proposed
resolution and, further, to take steps to initiate an
appropriate draft EIS.
Sin
rely,
.^^ �
—�R LA.�
J. Patrick White (�
JPW/th
l
�.� OCT 5'977 -
,,60 -IC STOLFUS
CITY CLERIC
Ill) �.b • •
J. PATRICK WHITE
JACK W. DOOLEY
DANIEL L. BRAY
City Council
Civic Center
Iowa City, Iowa
WHITE LAW OFFICES
ATTORNEY5
330 SOUTH CLINTON STREET
IOWA CITY, IOWA 52240
October 6, 1977
52240
Madam Mayor and Members of the Council:
AREA CODE 319
PHONE 338.7969
You have on your agenda for October llth a. letter from us
concerning Pleasant Valley Orchard's and Nursery, Inc.'s
objections to the possible location of a new wastewater
treatment plant.
That letter obviously was intended to reach you before
your vote of last Tuesday. My client asked us late Tuesday
morning to appear and that was not possible. It was after
5:00 P.M. Tuesday when the letter was delivered to the
civic center and, as a result, didn't get presented to you.
The purpose of this letter is, so as to protect the
record regarding administrative remedies, to request
reconsideration of adoption of the resolution for the sub-
stantive reasons stated in the October 4th letter.
Sincerely,
L„ AQ„ ytl
J. Patrick White
JPW/th
'OCT�70
71971
ABBIF STOLFUS
CITY CLERK
L�,
DCT 61977
28th September, 1977
ABBIE STOLFUS
CITY CLERK
We, the undersigned, are alarmed about what is generally regarded as the
most dangerous pedestrian crossing in Iowa City.
This is the coiner of Gilbert and Prentiss which includes a,sharp grade
that obscuresoncomiiig traffic, as well as a dog -leg turn which does the same.
Pedestrians using this crossing are large numbers of elementary school
pupils going to and coming from Sabin and St. Patrick's school, elderly citizens
calling at the Senior. Citizen's Center for congregate meals and other activities,
both: ,of whom are particularly vulnerable. People on bikes and in cars also find this
intersection very dangerous.
We are well aware that present plans call for the installation of a traffic
light at this vital intersection in fiscal year 1980. But it is our conviction that
this is not soon enough and that: every day this corner goes without that necessary
light the lives of our citizens young and old;, are in jeopardy.
City administrators often judge the danger of an intersection by using
general statistics. We are concerned with the lives of real people.and are afraid
that the only statistic' which will move the city 'to action is a tragic accident.
lie are asking for your support to make this a first priority so, that we
can have a traffic light ordered and installed without delay.
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Members of the Council
City of Iowa City
Civic Center
Iowa City, Iowa 5224C
Re: Urban Renewal Land Disposition
Ladies and Gentlemen:
ENVIRONMENTAL LJVESTMEiTS
108 north Downey - P.O. Box 89
West Branch, Iowa 52358
October 3, 1977
0 ' IS H
OCT3 1977 U
ABBIE STOLFUS
CITY CLERIC
I am writing in response to the recent land disposition recommendations
prepared by the City Staff; most specifically those concerning Parcel
82-1a (the College Block Building). As I am sure you are all aware, we
have submitted a proposal for this parcel and, as such, have a special
interest in this regard. However, our special interest aside, we still
feel that the Staff report is quite inconclusive and urge you to take
a hard look at this matter.
Initial Staff review resulted in the elimination of six of the eleven
total proposals rather quickly. The remaining five were all judged
as meeting the requirements set forth in the bid package by the City
and, after more detailed consideration, the Staff did not reach a
clear concensus on the most superior proposal. Since this is a unique
situation and deserves additional consideration, we urge you to expand
your evaluation to include the five finalists. We feel that each of
these proposals has substantial merit and none should be eliminated at
this stage of the process. While the Staff review concentrated on an
objective analysis, there are many subjective questions as well re-
garding the reuse of this parcel. Clearly the major question is
"what is best for Iowa City" and this question is clearly the purview
of the Council.
We offer the following observations we feel are pertinent to proposal
evaluation with respect to the College Block Building:
1. The financial capability of the developer has been heavily
scrutinized, and should be. However, the large number of
proposals is indicative of the feasibility of this project
as well as the availability of financing. In addition, there
are over a dozen potential tenants interested in this space
and the successful developer should have the opportunity to
negotiate with each of them. from this we feel that any of
the five has the capability to execute the full intent of
their proposal.
2. This particular parcel is well suited for the small investor
and, as such, offers the chance to fulfill a stated goal of
the urban renewal program.
3 sy0
October 3, 1977
Members of the Council
Page 2
0
3. What proposed uses for this building are best related to the
restoration of the structure. How can we best respect the
historic continuity of the College Block and its continued
viability in the twentieth century and beyond. This includes
the nature of the use as well as the number of specific entities
that are housed within the College Block.
4. Should local citizens not currently located in the Iowa City
area be given preference over others who now have space down-
town.
There are many other questions that can be identified but it is not our
intent to present you with a long list. Rather we wish to suggest
that additional consideration should be given to the proposals of the
"top five" investors. We feel that the Staff has rightly remained in
the objective realm in their deliberations. However, that leaves
many subjective questions unanswered in this particular case. This is
appropriately within the realm of the Council and we would urge you
to examine the subjective aspects as well as the objective in your
deliberations.
We would suggest that the proposals presented cannot totally portray
the enthusiasm and dedication of those involved. We would be happy,
as I am sure the other four groups would as well, to appear before
the Council to more fully explain our intentions and share with you our
concerns and enthusiasm for the success of this project.
In summary, we feel that the College Block is a unique parcel within
the total project and should be given unique consideration prior to
the selection of a developer. We therefore urge that you take the
time to reexamine the top five proposals, meet with each of the in-
vestors, and strongly consider the subjective aspects of this situation
which will lead to a decision that is in the best interests of the
Citizens of Iowa City.
Thank you for your time and consideration.
Sincerely,
ENVIRONMENTAL INVESTMENTS
Brian P. Gutheinz, Partner
BPG:paq
City of Iowa CHO
MEMORANDUM
DATE: October 6, 1977
TO: Honorable Mayor and City Council
FROM: James Bradrtel, Traffic Engineer .35
RE: Homecoming Parade
Pursuant to Chapter 6.02.01 this memorandum is to advise you of
the following action:
ACTION:
On October 14, 1977, after 5:00 p.m. parking will be prohibited
on the streets in the area bounded by and including Washington
Street, Van Buren Street, Jefferson Street, and Dodge Street.
Additionally during these hours, parking will be prohibited on:
Iowa Avenue from Van Buren St. to Dubuque St.
Dubuque Street from Iowa Ave. to Market St.
Market Street from Dubuque St. to Clinton St.
Clinton Street from Market St. to Washington St.
See attached diagram.
This action is being taken to facilitate the University of Iowa
Homecoming Parade. The above prohibition relate to staging areas
and parade route. The Iowa City Police Department will post this
area with sufficient signs and advance notice.
DUE TO THE NEED FOR AN UNCONGESTED ROUTE VEHICLES IN VIOLATION
WILL BE TOWED.
O `� 'n
ocr 61977 L"�
ABDIE STOi_FU5
CITY CLERi(
38'/,
OLD OITOL EXHIBIT
•
IVREVIEW STAND 1 -
Clinton
Dubuque,
Of
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Gilbert'.
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ABBIE STOLFUS-
CITY. CLLRK,
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ABBIE STOLFUS-
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lure t0 rn:dc file filing of :t statement of aapendnows
m.ndatmy, but the time within which it is to he
5!a,l is merely directory: Brewer Y. Do Alaioribus, 102
APP 566, 3 OO(2d) 96, 130 Nl7(2d) '178.
4. %o certificate of election shall issue to allper-
son required to file an expense statement until suCh
statement is in fact filed as provided therein. Neither
:half any person rerpilred by the act to file an expr:mc
stutemcat cuter upon the duties of tile office to which
he may have been elected until he has in fart filed
his evpensa statement. Neither shall said person draw
any salary or emolument prior to ilia filing of a proper
expense statement: 1929 OAC p.2176.
5. Where a successful candidate for nomfnntlon
for a county offrco files, within the em -day period
statement of expcxnditures ,rills we uoma m etecuous
and such board, in !nvestigaling the co icetness or
fslsity of such statement, as provided by CC 9.1785-
150 (RC 93517.13), determines that such statement
is buamcct in dot such candidate failed to list all
of his campaign expenditures, hill the board further
determines that such omission was inadvertent and
not made xilf Illy, such omission would not appear
to "disclose to violation of tiro law" within (ho unan-
Ing of CC 9.1755-187(IIC 93517.11), and ibis board
may amePt rte encode or corrected stalcmenl of ex-
penditures, even after the len-day period, and if such
am-ndecl or corrected statement is found to contain a
full. We and iternfzed statement of such expenditures,
issue to such candilite a certificate of note!nalion;
1052 OAC No.1666.
6. 14hme ilia board of elections dctrrnsines that
the facts in its poucssion indicate n probability tlu:d
such candidate subscribed and swum to such state-
ment of expenditures, Imov ing tic saint to be false, it
is the duty of such board, m provided by this; section
to Prompptly report such facts to the prosecuting nt-
toney for such action ns miry L, appropriate, and
Jim, board would be warmnlcd In infusing to issue
a certiEcale of nomination on the basis of mi mnendcd
or corrected statement of expenditures pending an
Investigation by the prosecuting nitonuy of such
matter: 1952 OAC 1660.
7. The provisiun in this section for withholding
from a successful candidate a certfficaalo of election
until he has fully complied with IiC 113.117.09,
3:517.10 and this section, docs not require that such
compliance be had strictly wilhin line thfdy day
period prescribed In RC 13517.10, and sorb rcrli(I-
rates should be issued to such candidates wlie file
such statements within a reasonable time after ilio
election: 1957 OAC No,1415 [paragraph one of the
w1labits in 1036 OAC No.0211 approved and fol-
lowcdl.
S. The ser ufrentenl of this section that candidates
shall be not! icd un or before tile twentieth day after
the election of the requirements of IIC 13517.10 slid
this section, is mandalary• laid, where n candidate
\,I,.)is not so notified fails to file lots slatemcnl of
upcmn ss•ilhl, ilia tium specified fn 110 9 3517.10,
such candidate is not disqualified from becoming n
candidate In any futm; elrclion for a Period of I`n•c
years under fhb section: 1960 OAC. No.)1.17.
0. \uliGc.r..tion of caudidatcs by ordinary m:dl is
suffie!ent to meet t6c trquin•mcnl of this section:
1063 OAC: `:oAS5.
10. A candidate In it primary Ocrlion who fails to
Mt. his st tomcut of receipts -ort evprudihucs in
nccurdancv. with this sc0iun shall not be divinalifird
from neminf• In the following gencrxl Arr-lion if the
board of erections has failed to give lite neliee
equ!red by this so tic,,: IWO OAC NoA85.
11.'fho provision of this section barring a cmldidxlu
win bas failed to flu n timely statmrnt of expenses
;_i 17_13
ns required by RG 93517.10 and this soUiun from
,,,king :illy office for a p,oiod of pears, has rax :ygsli-
cation to any poison otlwr Ihmu n candidate for
nlfirc svlm so defanh,: 065 OAC Nu.65-162.
RULINGS OF S6cgi-.-rAltl' OF STA'lli
A c:mdid:uc who u¢cives filo must votes in a pti-
maq• election :tell fails to file his MAPO-out of expen-
dilmcs Is out cutillal to lcuro a crtificale of noniva.
tion and his mono,, shall not be placed on the ballot in
the genmal election: (1951).
A board of cle.ctioos should accept for filing a
statenCnt of reccit,ls and expenditures oflered after
the deadline for filing; but a hoard of elealim:s has
no power to waive the filing icquircinLin and ac-
repmnce of a Ertl filing is not a waiver of the dis-
,IltNiicntion inquired by lilts sCetiou. 0961)
A person wile received the IPr:dcst number of
write-in veto,, at :w cleclinn, ecce though lis: did not
camlctign, Is 1101 rL•clrrl if Ira suer, dis,pialifird from
being a candidate bemuse of his earlier faihne In
comply with this section. (196°)
§ 351.7.1.2 licpmts of expenditures on
issues.
Thu pnsvisions Of TWO XXXV 1311) of the
Revised Code schding to the rrontrihulions, re-
cefpls, and expenditures of nnnvy or other things
of value in clectiuns is, the case of candidates,
Ile filing or statcmclds relative [Loreto, and the
vfulations of any stud, provisions shall apply with
equal force anal in :dl details to the conttibutions,
reccipls, expenditutcs, and obligations incurred
by persons, committees, and associations in ad-
vocacy of or in uppnsitiun to file adoption of any
propnsilinn m' issue, suLndticd to the voters. ']'lie
circulator or Lis agent and dlV cammillcc In
clung, of :in initiative lir referendum petition, or
supplcmrnlnry petition fill additional signatures,
for lire submission Of a constitutional amendment,
proposed law, ordinance, section, or item of mly
law or ordinance shall, within thirty days after
such petition papers nor filed• file with fire- serrc-
lmy of slate. or with file board of elections in
IIIc county, is the r;nac may be, it sworn itemized
slatenugtl showing in detail:
(A) All money lir things Of value paid, given,
or promised for circulating such petitions;
(Il) All appointments, promotions, Or increases
in salary, in positions which were given or pmmn-
ised, or to obtain which assistance was given or
promised as n consideration for work done in
circulating petitions;
(C) Full neaps and addresses, including street,
city, nor) state. Of all persons In whom such pay-
menls or promises were made..;
(D) Trull nantes and addresses, including street,
city, ane( stale, of all persons wlio contributed
anything of value. to be used in circulating such
petitions;
(li) Time q,enl oud salaries canted while
soliciting signatures to fictitious by persons who
were regular salaried employers of some person
or whom said employes aulholized to solicit :Is
part of lhcir regular dulics.
175
CAMPAIGNS;
POLITICAL
--
_ `i
lure t0 rn:dc file filing of :t statement of aapendnows
m.ndatmy, but the time within which it is to he
5!a,l is merely directory: Brewer Y. Do Alaioribus, 102
APP 566, 3 OO(2d) 96, 130 Nl7(2d) '178.
4. %o certificate of election shall issue to allper-
son required to file an expense statement until suCh
statement is in fact filed as provided therein. Neither
:half any person rerpilred by the act to file an expr:mc
stutemcat cuter upon the duties of tile office to which
he may have been elected until he has in fart filed
his evpensa statement. Neither shall said person draw
any salary or emolument prior to ilia filing of a proper
expense statement: 1929 OAC p.2176.
5. Where a successful candidate for nomfnntlon
for a county offrco files, within the em -day period
statement of expcxnditures ,rills we uoma m etecuous
and such board, in !nvestigaling the co icetness or
fslsity of such statement, as provided by CC 9.1785-
150 (RC 93517.13), determines that such statement
is buamcct in dot such candidate failed to list all
of his campaign expenditures, hill the board further
determines that such omission was inadvertent and
not made xilf Illy, such omission would not appear
to "disclose to violation of tiro law" within (ho unan-
Ing of CC 9.1755-187(IIC 93517.11), and ibis board
may amePt rte encode or corrected stalcmenl of ex-
penditures, even after the len-day period, and if such
am-ndecl or corrected statement is found to contain a
full. We and iternfzed statement of such expenditures,
issue to such candilite a certificate of note!nalion;
1052 OAC No.1666.
6. 14hme ilia board of elections dctrrnsines that
the facts in its poucssion indicate n probability tlu:d
such candidate subscribed and swum to such state-
ment of expenditures, Imov ing tic saint to be false, it
is the duty of such board, m provided by this; section
to Prompptly report such facts to the prosecuting nt-
toney for such action ns miry L, appropriate, and
Jim, board would be warmnlcd In infusing to issue
a certiEcale of nomination on the basis of mi mnendcd
or corrected statement of expenditures pending an
Investigation by the prosecuting nitonuy of such
matter: 1952 OAC 1660.
7. The provisiun in this section for withholding
from a successful candidate a certfficaalo of election
until he has fully complied with IiC 113.117.09,
3:517.10 and this section, docs not require that such
compliance be had strictly wilhin line thfdy day
period prescribed In RC 13517.10, and sorb rcrli(I-
rates should be issued to such candidates wlie file
such statements within a reasonable time after ilio
election: 1957 OAC No,1415 [paragraph one of the
w1labits in 1036 OAC No.0211 approved and fol-
lowcdl.
S. The ser ufrentenl of this section that candidates
shall be not! icd un or before tile twentieth day after
the election of the requirements of IIC 13517.10 slid
this section, is mandalary• laid, where n candidate
\,I,.)is not so notified fails to file lots slatemcnl of
upcmn ss•ilhl, ilia tium specified fn 110 9 3517.10,
such candidate is not disqualified from becoming n
candidate In any futm; elrclion for a Period of I`n•c
years under fhb section: 1960 OAC. No.)1.17.
0. \uliGc.r..tion of caudidatcs by ordinary m:dl is
suffie!ent to meet t6c trquin•mcnl of this section:
1063 OAC: `:oAS5.
10. A candidate In it primary Ocrlion who fails to
Mt. his st tomcut of receipts -ort evprudihucs in
nccurdancv. with this sc0iun shall not be divinalifird
from neminf• In the following gencrxl Arr-lion if the
board of erections has failed to give lite neliee
equ!red by this so tic,,: IWO OAC NoA85.
11.'fho provision of this section barring a cmldidxlu
win bas failed to flu n timely statmrnt of expenses
;_i 17_13
ns required by RG 93517.10 and this soUiun from
,,,king :illy office for a p,oiod of pears, has rax :ygsli-
cation to any poison otlwr Ihmu n candidate for
nlfirc svlm so defanh,: 065 OAC Nu.65-162.
RULINGS OF S6cgi-.-rAltl' OF STA'lli
A c:mdid:uc who u¢cives filo must votes in a pti-
maq• election :tell fails to file his MAPO-out of expen-
dilmcs Is out cutillal to lcuro a crtificale of noniva.
tion and his mono,, shall not be placed on the ballot in
the genmal election: (1951).
A board of cle.ctioos should accept for filing a
statenCnt of reccit,ls and expenditures oflered after
the deadline for filing; but a hoard of elealim:s has
no power to waive the filing icquircinLin and ac-
repmnce of a Ertl filing is not a waiver of the dis-
,IltNiicntion inquired by lilts sCetiou. 0961)
A person wile received the IPr:dcst number of
write-in veto,, at :w cleclinn, ecce though lis: did not
camlctign, Is 1101 rL•clrrl if Ira suer, dis,pialifird from
being a candidate bemuse of his earlier faihne In
comply with this section. (196°)
§ 351.7.1.2 licpmts of expenditures on
issues.
Thu pnsvisions Of TWO XXXV 1311) of the
Revised Code schding to the rrontrihulions, re-
cefpls, and expenditures of nnnvy or other things
of value in clectiuns is, the case of candidates,
Ile filing or statcmclds relative [Loreto, and the
vfulations of any stud, provisions shall apply with
equal force anal in :dl details to the conttibutions,
reccipls, expenditutcs, and obligations incurred
by persons, committees, and associations in ad-
vocacy of or in uppnsitiun to file adoption of any
propnsilinn m' issue, suLndticd to the voters. ']'lie
circulator or Lis agent and dlV cammillcc In
clung, of :in initiative lir referendum petition, or
supplcmrnlnry petition fill additional signatures,
for lire submission Of a constitutional amendment,
proposed law, ordinance, section, or item of mly
law or ordinance shall, within thirty days after
such petition papers nor filed• file with fire- serrc-
lmy of slate. or with file board of elections in
IIIc county, is the r;nac may be, it sworn itemized
slatenugtl showing in detail:
(A) All money lir things Of value paid, given,
or promised for circulating such petitions;
(Il) All appointments, promotions, Or increases
in salary, in positions which were given or pmmn-
ised, or to obtain which assistance was given or
promised as n consideration for work done in
circulating petitions;
(C) Full neaps and addresses, including street,
city, nor) state. Of all persons In whom such pay-
menls or promises were made..;
(D) Trull nantes and addresses, including street,
city, ane( stale, of all persons wlio contributed
anything of value. to be used in circulating such
petitions;
(li) Time q,enl oud salaries canted while
soliciting signatures to fictitious by persons who
were regular salaried employers of some person
or whom said employes aulholized to solicit :Is
part of lhcir regular dulics.
§ 3fi17.13
IiLECTIONS
If 110 money or things of value were paid or
if 110 promises were made or received as ti con-
sideration far work dune in circulaling such Pet'-
Linn, the sworn shdcment shall contain a Stale.
melt to lint effect. After the election ou such
issue the persons Or cununiuces in ell:uge of tin
campaign for and the persons or c01111nittees in
charge- of the campaign against such issues shall
rile not tiler than four P.nl, of the forty-fifth day
a full Statement of lilt expenditures ns is required
of candidates and committees.
ins'ronv: CC §4785.188; 111 t $07(597), 0185; 126 v
205 (.9) pa 1.1.5G); ie9 v IeW (CIG 9.28 61); ua . u oto.
La U 11 iU.
1'w an analugom ¢rdon, vv Immo CC K5715.29m-
Crnss-IIcR•reoces to related Sections
Sec 1tC 5§ 3517.10, 3509.01, 3579,07, 3599A1
which refer to W's section.
Ilcscarelt Aids
lispendilures, reports
O-Jurn_d: Idlrclions U 188, Into 220
Am-Ju:^_d: 1011timts U 259, :?0()
A1.II
Conslructiun and a tplicalie:n of statute rega:diug
statement by c:uu�idate as to his ecpemes, or as
to fnauciul value of publicity tluough news-
papers or otter publicity sources. 103 AIJI 142-1.
§ 3517.13 False Statement. (CC § 4785-
180)
Upon presentation to die court Of common
pleas or any judge thereof of a certified pel'liol
selling forth any failure to comply a•ilh or any
violation of sections 3517.08 to 35J7.12, inclusive,
of the lievised Code, relating to Statements of
expenditures, or of ally falsification of any such
statement, and upon the giving of security as uo-
vided'this section, such court or judge s�):dl
Ili
proceed to a summary investigation of the eltargcs
made in tie petition.
Al ilio time of presenting such petition tie- pelt-
tioners shall file w'd) Ole clerl, of the court of
common trleas nn undertaking ill the sum of two
hundred fifty dollars wilt surelics to be approved
by the court or judge conditioned to pay such
costs Ill such proceedings as ore adjudged .1bmind
such petitioners. I tie proncd'ng upon noel tile
investigation of the el)arges set forth In the peti-
tion shall lake precedence over all ,,her actions
or roccedings in said court or before said judge,
and in case of appeals, in lbw court of appeals or
suprcnm court.
If the judge Gods the statements as filed me
false or any willful intent to viola(, or defeat see -
tions 3517.08 to 3517.12, inchisl'e, of the llev'sed
Code, lie shall forthwith transmit ti copy of his
decision and of the evidence to the prosecuting
nllunmy 011
the coludy w•hcrc'n such slatrnnrnts
Should lc filed, and to the nllomcy groom] if site])
statements should he filed will, the secretary of
stale, Willi directions to spell prosecuting attorney
. 17133
to present tile,, to the nest grand jury in Ole
county or with dinretiol)s to the uUmney general
to prosecute the case run ],..half of the Stade. Any
candidate nomfaate.d or elected to all office u'ho
is found guilty of s•iolalhng Ole provisira S of Title
SXX\'
1351 of Ile Rrvisnd Code relating to ex-
pcudilures for campaign pulposcs shall farfcil his
nomination or ills election to such office. A candi.
dote nomin:,wd or rledt:d to un Office wl.osc
nunlio;ttion or elceiiun Onreto las leen annulled
and set aside by reason of any olfeasc SPec'ned in
such title sllall not, during the period fixed by
law, occupy or perform the chilies of Such office or
Ile appointed to fill any vasal:cy'n such office.
'lite board or ilia Secretary of state may sum•
moil tiny candidal, or other persons filing Snell
statements and question them under oath relative
to the correctness or falsify of any such SLalement.
11151 OItY: CC 047b5-189; 115 r 907 (598), B I59. Ian
101.5).
line anaingnns "on we luuncr CC e051 5.14, 517546,
'u 17v 21, 5115-�•
See It(', § 3599:14 which refers to this Section.
Itcscmch Aids
lir also slalcnu'nts
O•Jut2J: 1{Irclieus ¢41-08, IDI, 102; Judges 39;
I'ullic ()lficers 134
AurJur^_d: lileclimts $5379, 380
A1.II
Cmntn:climr and application of statute rcgading
st:dement joy candidate as to his cxpmucs, or as
In financial value of publicity Ouough rl
papers et other publicily sources, 103 ALR
1 IN.
CASK NOTHS AND OAC
INDEX
Advtulsing, dam In;re,. J
Contioinn, rlftrl of, 7
rrf mrd. I
lisprndim:ct. nim iullun o. 6
rhniniw,y Motto cn11""Aly mail§ tato. 5
rolman, Leat iug Prdimh:at)' 6tvungaamt, 4
pit mPe; rcPrnv, lanuic In list, 2
srpatatimt of pmrtrr, a
I. A (alsr, slalmncnt of exiendit-nes is one svllch
is 1nL•ulinmally staled to be true but which is nut
true, ur a slaletncnl which is made with ms intent
In wilfully vinlatc Ile Insv: 1,non) a v. Statin, 35
OD(2d) 37. 210 NE(2d) 407 G11).
Irailure In list a Printing espenditurc on a
caudidalis slalcmnnl is not a false slnlcu)enl, nor
rffulablL•"Ale
v`•1l any Stalin.1135tt00(2d)t to defeat
37, 1210le 1 Nhi(�)I-107
f( �I
. 'Glc Spviui; of n nominal duel prim by a candi-
date s-IIh bis political card n11;¢led or Soule ether
Pdntrd notice ntxeled wilt Inc Purpose ofadvanis
iug lis i3adidac, con•lilules advertisW;, Which
nnc of Ile lisb•r 6.1tllintale, expenses: PrutnMe v.
Sl:wo, :o5 gD('2d) 37, SIO NEPI) 4pl
07 (C.
4. \vlcrc, under this seclion, n Petfllon o'ai Prc-
walul to lila r0o:mon pleas contl selling fodh certain
nllegrd violations of tle comlpl Practice Oct, llr.
Prnly,-,rd lic®h0i ,.IV metcly n))meliminary Invest -
ration of tiro ,larges mo tadc'm pulillun; It Nos."
��+iti.��\ttib�..:. ��nl}(• 'f]I.4�J'rlJIIU: 11 til:.
42.17.090 PUBLIC 01- ICERS AND AGENCIES
IIIA'I in rIII nAII lrrI. Snc11 funds Sh zll IN- fnifeln(1 In 11111 't air of aa•nsbl ar
In11 uulrss IL(• uuu rrporli"g romnitwo lir Ihn nelplent of such fmiA: I;as
filed or within llirrr Jap, Ldlowing suet, recol Ll 'hull file with Ili � cea-
DIISFinu :I Sl al enO lit AIISCbwing: til hs A11u,• mud ;Wdre,s I A I I 161 Ian rIII••I.�
of Ilio no 11I vporf i o P- r,o o ur it h•r; mil fit., uamvc, utldre.., mad AM," of it,
offlew:s or if it II:Is it,, uf(II. I:=, t6r immrs, nlldresnrp, nud III L.: of iI:: n•-
SInislule Ivadrrs; (I,) a nt:(tv11ltyit Whether the noarrporting l+al:mill.e I.
it coullnutnl: ImP; Irl the mune, nffiro nn igia, and Polly nffilimlinll of Loch
candidate ill lilt, S1:11c of W110ii gtun whom the nonrrpn ti g rnminitb•• IS
support lig, and, If such comm it its, is support Ing IN, cul ire IlrhOl of At p' p: Ate,
the name of the 113111y: (vi) the hallotproposition snpporpd ar oppo>ed in
the Fhlte of WIL411ngpnl. If sup, and whether• stirli r„umdlbs: Iv hl f:nor
Hf or opposed to snch proposition: (vii) the uoule nod oddrese, of mach parson
residing In Ihr Flute of wnNI1Dn;lon lir rurpurntlun Mlivh Iws A Phu.• of Inlsl-
nesS DI the stale of Washington %rho hos mode one or more imuibutiors to
On, nnm'eporling rvau11duer during the pren•tilng Iweleeannnlh perilsl, to'
gelher with the mane' vnluo and (title of Filch cantrilmllans; (Viii) thn value
and whimsW of each 1ximm DI the stole M WHAT 11191 191 %churn nn eslwutlf-
fure won made IryV the nunlc•pn1'Ihlg Coaudtlty on Iii of a enndldate or
pnlltlrnl comm i lire DI the nggrrgale no,o nt of Iweny fire dallurs or more,
the nonoll, date, mid Imrpase or sort, esprudil tire, and tilt- Wild WHAT of
such espendllurea; (Is) Stich other Infonuulion On the Conunisslom Inas by
reguln(ion prescribe, hl keeping with the hnlicies and pnrposw; of this ctugl-
ler.
(2) The amupaiglt 11vn1Furer lilt(] file cnndid:de ,hall notify Ila torrert-
ness of enei, Ali pon, ilinarled Inws 1979 ch 1 §!I, efr,r,ii'e January 1, Ill79.1
Qullla l l et- Munsure So. 27(; § 1)); .k nnendcd by Laws 1st lis Sees 107+; eh 2J1
§ 7, ef(celhro July 2, 1976; I-:ncs Cud !is SrSS 197:-76 ch 112 § :1, effrn lea
Mat, h Tl, 1976.1
CJS I:ll,(Anus it 327. 356.
Opa Att9 nen 1973 NAT. 11 (r••p(n'ting reQulreacnls for vtoJ!dates and political
Coln mitt"es).
(Ips Alit, nen 1971 No. I6 (rnplAenen( that filing (.o, nreWnpanyhu; J•deru tiro
of randidney Inmmnnt to 11(%YA 211.1 R.niJ1, Le b'enlyd u.r eumpnh;u cspenfmoa
under rhea arl•a u9mn ling reanlremrala).
lie, KnmLor Ulger_Is: lih'rliunfl p311.
42.17.100 Sprci)d marls—lark n�nt,cnl_.A i!i.g-n exec:ndilures—
Cnntrihuliuns 1o.,.. iliC+ll.'onimitives,
01(a) I'nr the pit reuses of IIIb; sllbseellon (1) till! 101111 '•indrprndwnl r.;uu-
paign v\pru illute • shall gran nm)' rspeuflll Orr %rhirh is uncia in rnlAporl of
Air In appo•:Ilion la ally (•nnlihhte or Lalli, tIoposil len olid Is u)l ulferwiw
nogldred in Iw rrporl rd Inuranul In 11� �1'.i1447 Fl.u.m.', 82.1 i.U\f1, or
.12.17.0!10,
(h) U-iildu Inver .11138 Offer the dole of uutl<ing m1 b11lepeud%•o( vanlpnl,tl
eapen,lil lire which by Ilrrlf mr nhcII n(tdvd lu All olhar 'Itch Inb•prndenl
Campaign esprudifAlrrs made during the Same clerliou (•unnp:dgll by the Same
person (I(l nn is one Iundn•d 11n1)a rs or more, lir %ell hill hoar (lit 3s after Iha
little of nothing :til indeptoleol runlpni:n expenditure for %chicle nu M1,011 -
able oslhnate of npomlary %:dne Is prortienldr, %chichO%pr noun drat, IL_•
Janson will, ample Novi, IIId,jrndrntran m1 Lgn (•snendllnrr Sh_ll fil-• %cilh III,.
ruu1111IrW1111-nuf I m vnultle malign• , jilp eo�mtht rwShImice for Ibe r�%nd -
(tale supporied or oppuSrih Ib0 Iudeplvdrol cnmpaigu eslsa171iluro lar in
It,le en,e of all exI whime nada In r11191u14 of lir in o19n.Alton to o I.Alnl
im.laslt ion,_h amullw a(�'rrsi,ldnn• fur Ihr penun mukin_tllr cap— t711.tur, 1
104
i /
PUBLIC OFFICERS AND AGENCii s, 42.17.100
:111 _jWtiILL rog4 rt of lOJih'pCWh9"'WillalL•p rc�o•u lilt,,, '4 made during .corh
e•1, nn u,iga III lilt- to 1
._iluuudwllug.sa W.da:t•.
Icl t 11S• follmylug ilurnal, rarh prt.ull who is nvp,i n•ot In file :n, ioitiol
report Imrwuntl In suh.rrlton IIIILg of Innis nrrlinn Shall fill. Milo the rnul-
wis.ian Pilot Ihr omwlp Imdilor of Ihr r000y' of n•4iotrnrr for Ihr voadidalo
supported or oppo.rd Ly Ihr indrprndrin rnwpoign rgP•adlloo• (el, in fill-
"U"'
hrCU"' of nn expeudimue wWib' to support of lir it' oppoAtion to it ballot P:vpn.
slfioil, lilt- County of rr,idem" for Ibe prr.on waking Ihr rspemlilun•) a for
tier report of lir hWrprntlrnl eampolgo rNpeudilum4 Imide siun: the dal'.
Of the Inst report:
(i) On the fifth and nlnrhruih day:s io111IMialrly prrrrdiug Ihr Jule un
which the e•Iecllun Is hell: mid
(It) Within len days little Ihr Ihur of it priln:u'y vlerllno, and •xilhlu hmo
ly-one days :,tier lilt- d:ltc of all of tier vlrel iolim; null
(fit) On file (Punt day of enCh uwnlll prem%ling file elerllon In which to
other reports lilt' rl-q.11l,A to Il! fIh4I IIIII'4llalll to t111A FIIlMefllwl (1): Provided,
That ranch further I,grorl4 rt•qulre•d by lids snbsrrtloll I(I)I (I1 shall 'Illy 14•
(fill if the mpurtlog )w•raon has uuale all ladt'peodrnt Cmnpn i);n ecprwliftln•
sine• lilt' dill•• of Ihr 111.1 pi,-ylaa.. lep'rt fiiwl.
The rcimrt filed pumunnl to paragraph (if) of Ihix subsection (1)(l,) moll
lw• the final report, and ul.00 snbutliting such final report Ihr dutlrs l,f the
mpurting Iw'rwn shall clil,v, and Ihrrc shall III- it,. ol.ligntioa In hank.:,ky
further reports.
(d) All relnort.% filed p istlittd hn Ibis snb.erlioa (1) shall la• certlfirll lie r'r
rtrt by the reporting per.un.
((,) Each rrpurt n•quirrd by mnbvrtl'o.. (till.) mill(I)(c) of Illis sub.rrl inn III
shall disclose for the praod Ire orling at, the• vad of the period for Ow h"I
prevIon.c rrpurt fib•d o,, i.n the else of to Initial rrporl, begiouiog al Ihr five
Of the first lutlrprlldenl cnwptiR' ea'prndii err, :mol l-ndhlg nal num• Ihall Ilnrr
Ilnq' pAor to file date Ihr report I, due.
II) The Imine and adtl eras of Ibr Ia•rson filing: Ihr IvIlOrl:
fill The dame oa,l address of raeh pel:.on to mhuw all hotependeal caminligo
enpi-ndlutire n'as mode In fit• aggregate unu11at of twenty-five dollars lir nwrr•
sod the nnnoall, dote, atnl pu,-pow• Of Tach such e<prnditilrv: Movided, Thal
if no rcas0ouble r.I hon L• of the nuam•hl ry vahie of n purtivulnr hOlrprodrut
cnn-l11dga rxpeuditure is pnnetiral.le, It shall i.• 4offlelrnt. Ili rrpol'I luslrod it
precise d0:serlp1lon of sl•rvler., pngwaty, lir lights fur111shed through the v%.
Irendilare and wham npl, ,,pride to :Illaeh it ropy'( Ihr IWIII produved lir dis-
tributed by lilt e,prnllil fur;
(if!) The Io1:II sun, of all iudeprudcul r:unpoign I \p.1, llillnrr% smolt. during
Ilse c:aljollA n to date; and
(Ir) Such other Infornonion 114 shall Lr rrquirrd by till, rolkill ,lull by n•tiv
laflwl la cunfornmocr with lir pollrirs mud put'pme4 of Inds chapter.
(=)(l) Any prrson will rt' lti;lmie, la Ili,, oggn•rate mnuuul of our loaulred
dollars lir marc during Ilia prwe•ding Iwrlrr.olnnlh period to 11115• palllirnl com.
laitp•e• ant 41nude11141 In fill- ::fill,- of WaAfingpm lir mot olhrnrlsc rrgnired to
report nader Ilii% chuplrq If the ponos reasunnbly evilmim much Inolille,11 coll-
ndtler to InaLt. conlrihuluas Ill I'V,,IMPI la Idly VIVCt Intl rn1•t•I'etI by lbk clwht Or,
shall file ,'ill, the muamis%lou It report signed fir the contributor dlmelumhgf
the ttnnrlhntor•s Italic alil address, Ihr dale, nulurr. porp.w." 'won ill, Will
rv,Ipwitt of >,,b rn:1111boii'n, sad nay Insirueli-1114 l:lyrn 1,4 In the um, lir dis.
Ln; a tAVot of .iwh rnolrlbnOoll.
(b) The ilwmi rvI rl ,131,11 be Iibal e'llh Ihr Ivum k4oll within three da)'s
Offer lir d:dr u11 Milch the• llggr..gote ,-nut ributinn 1,111011111 0f uue hundred
t.a,ia 31' •.a, m.:w.er�a,-_la, 105
A
.,:... r..
,4y es u.'r*>n"�.� in.t.,.�;..2j} sI. glh� 1tL. fG•'9 11/?41'fht
t I 111y) Yi)41 ,er '
Pot Is4 "0'. ,i: Jt r7 !wr'•:
�
��t�7 � �• f,�a,o` r >, al -. �'4t��i7�`'"(' I �r r r.._� r ' f t ` . _.,
(n"y., n�lw ( '1 1 b '. •I'.�i �.r Y::. M1t ,r n,. t. :r•1,. .I