To paraphrase Shakespeare: "Something is rotten in the city of Arvada."
It is plain on the face of it, ten maximum campaign contributions made on the same date, from the same business address, from development companies all with the same registered agent has an unambiguous "appearance of corruption."
Arvada for All the People has since its founding advocated for reform of our municipal government to make it more accountable and transparent. We are supportive of any efforts to ensure that future elections are not tainted by the "appearance of corruption." The circumstances discussed here warrant an investigation by the City Clerk and also call for a tightening of the City's rules on campaign contributions to avoid obvious conflicts of interest and to guarantee to our citizens that our elected officials are working for ALL of us.
Cynthia M. Kreutzer
Grandview Ave., Arvada, CO 80002
December 3, 2019
Kristen Rush
City Clerk
City of Arvada
8101 Ralston Rd.
Arvada, CO 80002This complaint relates to campaign contributions that were accepted by Marc Williams for the 2019 election cycle. I am writing on behalf of numerous Arvada citizens who have expressed their concern about an “appearance of corruption”, based on the Colorado Fair Campaign Practices Act. Our concern is regarding numerous questionable contributions made to Mayor Williams campaign. Unfortunately, it is difficult to decipher whether municipal elections are required to follow the state statute. The references made in this document are related to CRS 1-45-101, et. Seq., but the basic reasons for concern should apply to any campaign finance regulatory document.
As you can see from the attached spreadsheet, I have only included contributions from certain property developers, but there are numerous other contributions from other developers and development related businesses.
We believe that in the most recent election, at least two situations could be considered “wealthy contributors and special interest groups”, as defined in the Fair Campaign Practices Act, contributing to the Williams campaign.
The first concern is about several entries you will find on the third Campaign Finance report. Ten different LLC’s each donated the maximum of $750 and are all listed at the same address and have the same registered agent, Christopher Elliott. He is a long-time member of the Denver development community and is also listed in the Articles of Organization as forming the LLCs for several of the entities. We believe these 10 contributions are a violation of:
1-45-103.7. Contribution limits - county offices - treatment of independent expenditure committees - contributions from limited liability companies - voter instructions on spending limits - definitions. (5)(d)(II)
Any contribution by a limited liability company, and the aggregate amount of contributions from multiple limited liability companies attributed to a single member of any such company under this subparagraph (II), shall be subject to the limits governing such contributions under section 3 of article XXVIII of the state constitution. A limited liability company that makes any contribution to a candidate committee, political committee, or political party shall, at the time it makes the contribution, provide information to the recipient committee or political party as to the amount of the total contribution attributed to each member of the limited liability company. The attribution shall reflect the capital each member of the limited liability company has invested in the company relative to the total amount of capital invested in the company as of the date the company makes the campaign contribution, and for a single member limited liability company, the contribution shall be attributed to that single member. The limited liability company shall then deduct the amount of the contribution attributed to each of its members from the aggregate contribution limit applicable to multiple limited liability companies under this subparagraph (II) for purposes of ensuring that the aggregate amount of contributions from multiple limited liability companies attributed to a single member does not exceed the contribution limits in section 3 of article XXVIII of the state constitution. Nothing in this subparagraph (II) shall be construed to restrict a natural person from making a contribution in his or her own name to any committee or political party to the extent authorized by law.
All 10 contributors reference the same address:
7353 S. Alton Way; Centennial, CO 80112
Ste. A-100All reported on October 12, 2019 (the first day of the third reporting period not made public until a few days before the election).
Registered Agent Person forming LLC • RF Land Investment Chris Elliott Regan Hauptman • Mountain Shadow LLC Christopher Elliott unknown • Hawthorne Development, Inc. Christopher Elliott unknown • Cundall Farms, LLC Christopher Elliott Christopher Elliott • HR 935, LLC Christopher P. Elliott Christopher Elliott • RRCEA, LLC Christopher P. Elliott Christopher P. Elliott • Ralston Ridge, LLC Chris Elliott Chris Elliott • SSM Ridge, LLC Chris Elliott Chris Elliott • TCIRATO, LLC Christopher Elliott Christopher Elliott • RRCEA Two, LLC Christopher Elliott Christopher Elliott
Without access to any of the relevant business records of these LLCs, we have no way to verify the extent of Mr. Elliott’s involvement in each, but he is clearly a key factor.
Second, there is Remington Homes, and although it is hard to see just from the Campaign Finance Reports (also attached), several members of the founder’s family and current Executive Officers donated the maximum of $750 each for a total of $8250.00 to Marc Williams campaign. We question if these contributions all came from one development entity using individuals as a technical loophole to meet contribution rules. The following contributors related to Remington Homes, donated the maximum of $750 each:
Holly Bristol (Remington employee) Citrus Catering (business owned by family member) Regan Hauptman (family member of founder and corporate executive) Matt Cavanaugh (corporate executive) Jennifer Hemelic (family member) G. Polchot (corporate executive) H. Polchot (corporate executive) Paul Hauptman (company founder) Lorraine Hauptman (family member) Jerrald Hauptman (family member) Patricia Hauptman (family member)
It appears that these contributions violate the ‘spirit’ of the law and are contributed by individuals, to avoid violating the ‘letter’ of the law.
As I understand it, the next step in this process is for you to meet with the City Attorney to review our complaint and determine if you believe it has merit.
If you need any further information, feel free to contact me at your convenience.
Regards,
Cindi Kreutzer
AND:
Dave Chandler
Juli German
Treva Hearne
Michele Hoffman
Robin Kupernik
Bob McGrath
Mindy Mohr
Daniel Ratkovich
Mary Ratkovich
Caitlin Reusch
Susan Shirley
Dale Simpson, Jr.
Randy Stafford
Jeffrey Staniszewski
Karen Tonso
Julia Vitanyi
Cheri Wissel
Nancy Young
Jodi Weiser
Ryan Zerr
ADDITIONAL NOTES:
Approved at the November 18, 2019 council meeting:
- R19-108 - Hill Petroleum received approval of a $600,000 purchase order to provide fuel for city vehicles. Hill Petroleum donated $250 to Williams 2019 campaign.
On the agenda for that same council meeting:
- R19-117 – Resolution Authorizing Quit Claim Deeds
A Resolution for a Quit Claims Deed that included an Easement Agreement for the Jefferson Parkway with RRCEA (one of the 10 LLC contributors). One of the documents, a Multi-Use Easement Agreement dated July 26, 2012, includes the signatures of both Christopher Elliott and Regan Hauptman (Remington Homes). This issue is included to reflect that Mr. Elliott is more than a Registered Agent for one of the LLCs and because it reflects the overlapping relationships between campaign contributors, the City of Arvada and Mayor Marc Williams.
- CB19-046
The first reading of an Ordinance Authorizing the Fifth Amendment to an Intergovernmental Agreement with the Jefferson Center Metropolitan District #2 whose President is Charles McKay, another campaign contributor.
Download PDF: Williams 2019 Campaign Contributors Related to Property Developers
Williams October 29, 2019 Contributions & Expenditures Report
PDF Link to the Report
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