FY2008-20 Financial Disclosure ExemptionKODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -20
Introduced by: Assembly
Requested by: Assembly
Drafted by: Borough Clerk
Introduced: 05/15/2008
Public Hearing: 06/05/2008
Adopted: 06/05/2008
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
ADDING A BALLOT QUESTION AT THE NEXT REGULAR MUNICIPAL ELECTION
TO BE HELD ON OCTOBER 7, 2008 ON WHETHER TO EXEMPT MUNICIPAL OFFICERS
AND CANDIDATES FOR ELECTIVE OFFICE FROM THE STATE OF ALASKA PUBLIC
OFFICIAL FINANCIAL DISCLOSURE LAW (AS 39.50), EFFECTIVE IN 2008,
AND TO REQUIRE INSTEAD THAT MUNICIPAL OFFICERS AND CANDIDATES FOR
ELECTIVE OFFICE ANNUALLY AND UPON DECLARATION OF CANDIDACY OR TAKING
OFFICE FILL OUT THE 2007 KODIAK ISLAND BOROUGH FINANCIAL DISCLOSURE
STATEMENT FORM USED PRIOR TO THE AS 39.50 AMENDMENTS, AND FOLLOW
MUNICIPAL CONFLICT OF INTEREST LAWS
WHEREAS, the State of Alaska Legislature adopted new statutory provisions effective in 2008
at AS 39.50 et seq., containing extensive requirements relating to the disclosure and reporting
of financial and business interests of municipal officers, and prohibiting various types of conflicts
of interest. Many of these provisions are applicable to municipal officers (mayor, assembly,
school board, planning and zoning commission, and borough manager), unless a majority of the
voters voting on the question at a general election approve an ordinance exempting its
municipal officers from the requirements of AS 39.50.145. Approximately half of the local
governments in Alaska have voted to be exempt from these requirements.
WHEREAS, many of the disclosure provisions based on the AS 39.50 amendments effective
in 2008, as well as the 2008 Financial Disclosure Statement form, impose extensive record
keeping requirements, are intrusive, have become unduly burdensome, and may require
financial disclosures regarding dependent and non - dependent children and other parties. The
new disclosure requirements may precipitate resignations by elected and appointed officials
subject to its provisions and may serve to discourage persons from seeking municipal office with
the Kodiak Island Borough. Adequate provisions relating to disclosure of business and financial
interests and conflicts of interest by municipal officers and candidates currently exist by local
ordinance and are based on use of the financial disclosures statement forms used prior to the
2008 amendments to AS 39.50.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1. This ordinance is not of general application and shall not be codified.
Section 2. The Municipal Officers and candidates of the Kodiak Island Borough shall be
exempted from all requirements of Alaska Statutes 39.50, which was amended effective 2008,
relating to disclosure of financial and business interests and conflict of interest, if the exemption
is approved by the voters of the Kodiak Island Borough.
Section 3. The exemption created by Section 2 of this ordinance shall apply during such
times as the Kodiak Island Borough has in effect an ordinance requiring candidates, elected
officials and such other officials as are designated by the Assembly, to file annually and upon
Kodiak Island Borough Ordinance No. FY2008 -20
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declaration of candidacy or taking office the 2007 Kodiak Island Borough Financial Disclosure
Statement form, used prior to the amendments to AS 39.50, which reasonably discloses income
sources and financial interest, and has local laws prohibiting conflicts of interests by municipal
officers.
Section 4. An election is to be held on Tuesday, October 7, 2008 in the Kodiak Island
Borough, and the following proposition shall be submitted to the qualified voters of the Kodiak
Island Borough for approval or rejection. A majority of those electors qualified and voting in
favor of the proposition shall be required for approval.
PROPOSITION NO. 1
Shall the Kodiak Island Borough municipal officers and candidates for municipal office
(i.e. mayor, assembly, school board, planning and zoning commission, and borough
manager) be exempt from the State of Alaska requirements under Alaska Statutes 39.50,
effective 2008, regarding reporting and financial disclosure requirements, business and
conflicts of interests provisions, and INSTEAD, be required to file a less intrusive Kodiak
Island Borough Public Official Financial Disclosure Statement form used prior to the
2008 amendments to Alaska Statutes 39.50 that will be subject to public disclosure, as
well as be subject to local laws regarding conflicts of interest?
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF JUNE, 2008
Nova M. Javier, CMC,
orough Clerk
O YES
O NO
KODIAK ISLAND BOROUGH
Kodiak Island Borough Ordinance No. FY2008 -20
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