Opinion by
In this action arising under the Fair Campaign Practices Act (FCPA), §§ 1-45-101 to -118, C.R.S.2008, plaintiff, Colorado Ethics Watch (CEW), appeals the order of the administrative law judge (ALJ) in favor of defendants, the City and County of Broom-field (City), Secretary of State Mike Coff-man, and the Office of Administrative Courts. CEW urges an interpretation of Colorado Constitution article XXVIII, section as incorporated in the FCPA, that would prohibit a City employee from providing to a candidate for elected office anything of value that had the effect of promoting the candidatе's election. Because we disagree with that interpretation, we affirm the ALJ's order.
I. Background
CEW filed a complaint with the Colorado Secretary of State alleging that the City, through the аctions of its employees, violated the FCPA by using City staff time and resources to research and provide information to certain candidates for city council and one mаyoral candidate, but not to others. That information was used in a candidates' forum. CEW's complaint was referred to the Office of Administrative Courts.
After a hearing, the ALJ made the following findings: The City has a policy of providing public information to any citizen who requests it. In accordance with that policy, when the incumbent mayoral candidate asked a City emрloyee to provide answers to a questionnaire that would be used as a basis to question candidates at an upcoming candidates' forum, City employees provided thе answers to that candidate. The City also provided the answers to the members of the city council. Although none of the other candidates requested the answers to the questionnaire, and therefore the answers were not provided to them, they did request other information pertinent to the campaign, and that information was provided to them. "Broomfield exercised an even-handed approach in responding to requests for information from any candidate." The City's responses to the questionnaire were prepared to comply with its public information policy, and not to promote any candidate's election, and would have been provided to anyone who asked for them. There was no evidence that any City employee's actions were motivated by party affiliation or by a desire to favor incumbents. The mayoral candidate to whom thе answers were provided did not win re-election. These findings are supported by the record. In accordance with these findings, the ALJ determined that the City had not violated the FCPA.
II. Statutory Interpretation
CEW contends the ALJ erred in his statutory interpretation of section 1-45-103(6)(a), C.R.S.2008, by concluding that the City's contribution of staff time was not "for the purpose of promoting" a political campaign. We disagree.
A reviewing court must give deference to the reasonable interpretations of the administrative ageney authorized to enforee a statute. Coffman v. Colorado Common Cause,
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In construing statutory provisions, our obligation is to give full effect to the legislative intent. Skruch v. Highlands Ranch Metropolitan Districts Nos. 3 & 4,
The FCPA prohibits political subdivisions from making "any contribution in campaigns involving the nomination, retention, or election of any person to any public office." § 1-45-117(1)(а)(I), C.R.S.2008. Under section 1-45-108(6)(a), "contribution" as used in the FCPA has the meaning set forth in Colorado Constitution article XXVIII, section 2(5). Section 2(5b)(a)(IV) provides that a contribution is "[aluything of value given, directly or indirectly, to a candidate for the purpose of promoting the candidate's nomination, retention, recall, or election." Colo. Const. art. XXVIII, § 2(B)(a){IV) (emphasis addеd).
Although neither the FCPA nor section 2(5)(a)(IV) defines the phrase "for the purpose of," its plain meaning indicates an anticipated result that is intended or desired. See Webster's Third New International Dictiomary 1946 (2008) (defining "purpose" to include element of intent). We therefore disagree with CEW's contention that "for the purpose of" should be construed to mean "with thе effect of" Such a construction would improperly conflate the distinct concepts of purpose and effect.
CEW's interpretation of the word "contribution" as used in section 2(5)(a)(IV) would lead to unintended consequences, far beyond the seope of the issues presented in this case. Under its reading, any time a person or entity gave аnything of value to a candidate for public office that had the effect of favoring that candidate's election, it would be considered a contribution. As a result, persоns who never intended to make a campaign contribution could be found to have done so. Nothing in section 2(5)(a)(IV) indicates that the voters intended this result when they approved this constitutional provision defining the term "contribution."
CEWs reliance on Coffman to suggest that "for the purpose of" should be interpreted as "with the effect of" is misplaced. Therе, the State Treasurer appealed a decision holding that he had violated the FCPA in issuing press releases.
We conclude the ALJ correctly interpreted the phrase "for the purpose of" in accordancе with its plain meaning.
III. Required Intent
Because we reject CEW's contention that the effect of the City employees' actions, rather than their intent, is to be examined, we also reject its аrgument that intent is to be gauged by objective rather than subjective criteria. As noted above, inquiry into purpose requires examination of the intent of the person alleged to have made a contribution.
IV. Evidentiary Issues
CEW asks us to conclude that, if purpose is to be proved by intent, CEW proved the intent requirement of section 2(5)(a)(IV) because City employees tеstified they knew the information provided would be helpful to the candidates to whom they provided it. CEW also argues that the ALJ erred in rejecting the cireumstantial evidence of intеnt which it presented. We are not persuaded by CEW's arguments regarding these evidentiary issues.
We disagree with CEW's characterization of these arguments as issues of law. On the contrary, both were factual determinations solely within the province of the ALJ.
An agency decision will be sustained unless it is arbitrary or capricious, is unsupported by the evidence or contrary to the law, Regents of Univ. of Colorado v. Meyer,
In an administrative hearing, the presiding officer functions as the trier of fact, makes determinations of witness credibility, and weighs the evidence presented at the hearing. Charnes,
The ALJ considered evidence concerning the City employees' intent and determined that CEW had not met its burden to prove that the employees provided services for the purpose of promoting a campaign. This conclusion is supported by substantial evidence in the record and we will not disturb it.
Moreover, CEW's interpretation improperly equates knowledge of the possible effect of one's actions with an intent to achieve a particular result. The concepts of knowledge and intent are legally distinct. See Goodman v. State,
Order affirmed.