Colorado Springs mayoral candidate Wayne Williams cleared in city code violation complaint

Mar. 10—Mayoral candidate Wayne Williams did not violate city campaign code by partially depicting Colorado Springs Fire Department personnel, equipment and facilities in three versions of a campaign ad he is airing, city officials announced Friday evening.

"Following a review conducted by the City Clerk's Office and the Human Resources Department, reasonable grounds do not exist to establish a violation of city code ... or initiate enforcement action in municipal court," a city news release states.

In a complaint filed Wednesday with the City Attorney's Office, nonpartisan resident group Integrity Matters claimed Williams violated city code by partially depicting Colorado Springs Fire Department personnel, equipment and facilities in 6-second, 15-second and 30-second versions of a campaign ad he is airing on Facebook.

The complaint alleged Williams' ad "unethically ties his campaign to city resources and gives the appearance (the Colorado Springs Fire Department), which is a city department, is in support of his campaign."

The group said it believed Williams violated a section of city code prohibiting the use of "city resources to support or oppose, directly or indirectly, a person running for office, the retention of a person who is the subject of a recall election, or an election issue."

The city on Friday disagreed.

"The review found that no city resources were used to film the equipment, personnel, buildings or logos of the Colorado Springs Fire Department contained in the advertisement," the release said.

Williams said Friday the city's decision vindicates claims he made this week that the ad did not violate city code.

"I appreciate the quick and thorough review of the allegations. As I said, my campaign contacted the Fire Department and followed the instructions we were given. I'm glad to have the opportunity now to focus on the issues of the campaign and my support for public safety, transportation and infrastructure, and economic vitality," he said.

Williams said he also was "gratified by the support of" the Professional Firefighters Association, IAFF Local 5, "but that is absolutely in their independent capacity."

Integrity Matters President John Pitchford said Friday evening he believed the city employees conducting the investigation ruled in Williams' favor out of fear of retaliation.

"These people are afraid to go up against Wayne Williams because they're afraid he's going to be their next employer," Pitchford said.

Williams said the claim was "without merit."

Concerned about a possible conflict of interest, Integrity Matters on Friday morning called for an independent investigation into their complaint. City Attorney Wynetta Massey's office oversaw the investigation conducted by City Clerk Sarah Johnson and the Human Resources Department, and both Massey and Johnson report to Mayor John Suthers, who has endorsed Williams in his run for mayor.

The group called on the Colorado secretary of state and attorney general to assist in the matter.

Neither the City Attorney's nor City Clerk's offices immediately responded to The Gazette's requests for more information, including whether the city would honor the group's request.

Colorado Secretary of State spokesman Jack Todd said in an email that because Colorado Springs is a home-rule charter city, the secretary of state "would have no jurisdiction over a case such as this."

The state Attorney General's Office did not immediately respond to The Gazette's request for more information.

Pitchford said Friday Integrity Matters should continue demanding an independent investigation into their complaint. He questioned why Williams was allowed to depict Colorado Springs fire personnel, equipment and facilities while another mayoral candidate's similar request was denied.

"This discrepancy between two outcomes — both are running for mayor, one gets special privilege while the other gets denied. Of course, it needs to be investigated," Pitchford said.

Sallie Clark also is running an ad that partially depicts firetrucks, firefighting equipment and a firehouse, though no logos are clearly visible.

She said this week she used stock footage and photos, including one depicting fire equipment from a South Carolina town, after she reached out to the Colorado Springs Fire Department, which told her she could not film in front of the fire museum located at 375 Printers Parkway.

In a Feb. 7 email to Clark, obtained by The Gazette, the Fire Department's deputy chief of support services, Steve Dubay, referred to the same section of city code regarding use of city resources to campaign.

A monument sign for the fire museum is partially depicted in all three versions of Williams' ad.

In a statement he gave to investigators, Williams' campaign manager Ryan Lynch said the team "went out of our way" to contact the Fire Department "to make sure that we were in bounds." Lynch also said he had an attorney review the ad before it aired.

"All of our shots were from the street area and (rights of way)," Lynch told investigators.

Fire Department spokesman Capt. Mike Smaldino told investigators he denied the request from the Williams' campaign to film indoors at the fire museum, but told them "they could only film in areas that could be accessed by the public and from the public view."

Integrity Matters group members said this week they believed the areas Williams' team accessed to film footage were on Fire Department training center grounds owned by the city.