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Thursday, May 3, 2007

Corporate donors fly under radar

Sources of campaign contributions in question

ASPEN — Despite the state constitution's prohibition against corporate contributions, mayoral candidate Tim Semrau and two City Council hopefuls listed such donations in the campaign finance reports they filed Tuesday.

"If something was wrong, I'm sure we'll receive a complaint and investigate," said John Worcester, Aspen's city attorney.

Worcester, however, could cite no rules against corporate contributions in the city election ordinance, adding that if there were something out of place, it was a matter for the Colorado secretary of state.

City Clerk Kathryn Koch said she mistakenly gave the go-ahead to a number of candidates who asked if they could accept corporate contributions, which has created some confusion.

Semrau, who received more than $1,000 from corporations, wasn't the only one with those types of contributions. Both Michael O'Sullivan and Dwayne Romero brought in funds from local real-estate companies.

Jonathan Tee, spokesman for Colorado Secretary of State Mike Coffman, said that because Aspen is a home-rule charter municipality, city officials can modify and change laws about campaign contributions. But he asked Aspenites to notify him if there was a violation.

"We encourage that if someone felt there was a violation, they submit a complaint to our office," Tee said. And any reasonable complaint listing names and contact information would go to an administrative court judge, who could take action and issue penalties.

"If it is illegal, I'll return the money," Semrau said, adding that he checked with Koch before accepting the contributions.

"It was my fault," Koch said. "I obviously didn't read the back of the form."

But Koch added that if there were any foul play, candidates would not have reported the contributions for public record.

Mayoral candidate Mick Ireland said the law is fairly clear.

"It's about playing by the rules," he said, citing what he called "pretty clear language" about campaign contributions in the state constitution.

Amendment 27 of the state constitution prohibits any corporation or labor organization from making contributions to a candidate committee or political party.

"I think we all should be playing by the same rules," Ireland said, adding that the amendment is important because it creates full disclosure of who is supporting a candidate.

"If we had any corporate contribution, we would have returned it," Ireland said.

Mayoral candidate Torre echoed that sentiment: "I guess, personally, I don't believe in that kind of funding so I didn't have to think about it," he said. "All my contributions were done by individuals."

But Torre's competitors say he is also in violation because of a contribution he listed for more than $2,000 from Kenichi, a Japanese restaurant in Aspen where he recently held a fundraiser.

"Local rules say nothing in excess of $250," Ireland said.

Semrau called the Kenichi contribution "blatantly illegal in the amount."

Torre, however, said the funds were from individual contributors who attended the event.

"It was not a direct contribution from Kenichi," Torre said.

Torre said he asked Koch before staging the benefit at the restaurant, where diners knew a portion of their bill would support his campaign: "I went by the word I got from the City Clerk's Office."

Koch admitted she should have instructed Torre to list the names of each individual contributor at the benefit, but said she didn't think about it until after the event.

Charles Agar's e-mail address is cagar@aspentimes.com.


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