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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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 Page 1 of 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 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 Page 2 of 2