FY2018-16 Title 2 Administration And Personnel, Chapter 35 Conflict Of Interest, Section 020 Definitions To Establish A Clear Definition Of Substantial Financial Interest In The Borough Code1
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Introduced by: Assembly Member Skinner
Drafted by: Assembly Member Skinner
Introduced on:01/18/2018
Public Hearing Date: 02/15/2018
Adopted on: 02/15/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-16
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 35 CONFLICT OF INTEREST,
SECTION 020 DEFINITIONS TO ESTABLISH A CLEAR DEFINITION OF SUBSTANTIAL
FINANCIAL INTEREST IN THE BOROUGH CODE
WHEREAS, it is recognized that the integrity required of public officeholders demands that the
appearance of impropriety be avoided (Griswold 925 P.2d 1015 (Alaska 1996); and
WHEREAS, the Alaska Statutes and the KIB Code prohibit Assembly members from voting on
matters in which they have a substantial financial interest; and
WHEREAS, the KIB Code 2.35.010 further prohibits a member of the Assembly from voting in
cases of both direct and indirect substantial financial interest; and
WHEREAS, KIB 2.35.010 has previously been interpreted and applied to prohibit Assembly
members from voting on matters involving their employers (see LeDoux and KIBSD funding KIB
Assembly Regular Meeting of 05/18/17, Van Daele and Leisnoi Conservation Easements KIB
Assembly Regular Meeting of 12/01/16); and
WHEREAS, the KIB Code does not define "substantial financial interest' and a December 28,
2017 opinion from the KIB Attorney recommended adding a definition in the KIB Code; and
WHEREAS, the Assembly recognizes that establishing a clear definition of "substantial financial
interest' will help ensure efficiency, consistency, fairness and reduce any appearance of
impropriety; and
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Title 2 Administration and Personnel, Chapter 35 Conflict of Interest, Section 020
Definitions of the Kodiak Island Borough Code of ordinances is amended to read as follows:
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2018-16
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2.35.020 Definitions.
As used in this chapter, the following definitions shall apply:
"Municipal officer" means the mayor, assembly members, manager, and members of the planning
and zoning commission.
"Substantial financial interest" means an expectation of receiving a non -trivial pecuniary
or material benefit or loss. A person who has an ownership interest, or is a director, officer
or employee of an organization or entity has a substantial financial interest in regard to
that organization, and may not vote on contracts, agreements, or other actions involving
that organization.
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTEENTH DAY OF FEBRUARY, 2018.
KODIAK ISLAND BOROUGH ATTEST:
4ee
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Cl4k
VOTES:
Ayes: Crow, Kavanaugh, Skinner, Symmons
Noes: Smiley, Van Daele
Absent: Schroeder
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2018-16
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