Last spring, Colorado Springs made a video defending stormwater fees and the city's other enterprises.

It featured several council members, a consultant, a businessman and city employees, and was distributed to service clubs and aired on the city's cable TV channel.

The video's run came to an end Aug. 11 after election officials determined two ballot measures by anti-tax crusader Douglas Bruce had sufficient signatures to be voted on Nov. 4.

It's an example of how once something makes the ballot, what's permissible publicity under campaign rules changes.

The Fair Campaign Practices Act bars the use of public money and public resources in advocacy for or against issues or candidates in local, state and national elections.

Despite that, the video and an employee newsletter that argues against the measures are still available to anyone who asks for them, because they're public records, city officials say.

Bruce calls that "dancing along the edge of the law," although he acknowledged it's not illegal.

"I'm glad they concede it's slanted enough such that they are not going to put it on their cable channel from now on," he said. "They're conceding it is an attack piece."

There's no question the city wants to influence the vote.

The first question would require city enterprises, except Memorial Health System, to bill and collect charges for "voluntary customer contracts only." Memorial is excluded to allow for unconscious patients who aren't able to voluntarily submit to treatment.

The initiative targets the Stormwater Enterprise, which began collecting fees from property owners last year. Delinquent bills can result in charges being added to property tax bills.

The second measure would phase out enterprise payments to the city over 10 or fewer years starting in January 2009.

This measure eventually would eliminate Colorado Springs Utilities' $26-million annual payment in lieu of taxes to the city, which constitutes about 10 percent of the city's general fund budget. It also would prevent enterprises from paying the city for shared services, such as vehicles and payroll.

City spokeswoman Sue Skiffington-Blumberg said the city will abide by the law that prevents workers from campaigning on city time and with city resources, but it will give the DVD to anyone who asks for it.

Same goes for a July city newsletter in which City Manager Penelope Culbreth-Graft urged workers to vote and called the measures "devastating" to city operations.

That's because both are subject to disclosure under the state Open Records Act, Skiffington-Blumberg said.

City spokeswoman Mary Scott said the newsletter is available at the Public Communications Department front desk and will not be removed. "We aren't forcing them on anyone," she said. "We do not throw away the extra copies."

Although the video was produced with grant money, the newsletter was taxpayer funded.

"We walk a very fine line," Skiffington-Blumberg said, "and we make every effort to be sure we're in compliance" with campaign and open records laws. "Once a request is made, the city has no choice but to give out the public records as they are not exempt by law," she said.

Bruce didn't dispute the materials are subject to disclosure but said, "I hope they don't do any more propaganda on the city channel."

Unlike the rank and file, City Council members are free to voice their opinions and campaign against Bruce's measures.

Skiffington-Blumberg said council members can speak publicly about the measures, including at council meetings. They also can pass resolutions expressing their opinions and issue position statements on council letterhead, as long as they don't spend more than $50 each in public money.

Several have pledged to work against the measures.

"I'm going to do everything I can to educate the public of what they (ballot measures) would do and the real impact," Councilman Jerry Heimlicher said. "I'm going to go to Rotary Clubs, neighborhood associations. I'll go anywhere I'm asked to come."

He said he wants voters to have all the facts before Nov. 4 so they won't be influenced by "scare tactics."

"I feel very comfortable when the public understands the issue and what it was all about they'll say ‘no,'" he said.

The city violated the campaign prohibitions in November 2000 when then-City Manager Jim Mullen mailed 200, 26-page information packets and letters on city letterhead, urging voters to defeat a statewide tax-cutting measure proposed by Bruce.

The mailing cost taxpayers $300. Mullen was not fined, however, and Bruce's measure failed.