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FY2013-06 Amending Chapter 2.35 Conflict of Interest Adding 2.35.015 Restrictions on Employment and Personal Service Contracts FAILED Introduced by: Borough Assembly Requested by: Assembly Member Stephens 1 Drafted by: Assembly Member Stephens 2 Introduced: 10/04/2012 FAILED: 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2013-06 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 AMENDING THE KODIAK ISLAND BOROUGH CODE CHAPTER 2.35 CONFLICT OF 10 INTEREST, BY ADDING SECTION 2.35.015 RESTRICTIONS ON EMPLOYMENT AND 11 PERSONAL SERVICES CONTRACTS 12 13 WHEREAS, the simultaneous holding of more than one • 'bli "•'ffice has been a 14 traditional subject of public concern; and I. 15 a. 16 WHEREAS, the common law rule against the holdin• of incom•atible offices has been 17 extended to include public employment; and 'a 18 / i. 19 WHEREAS, many jurisdictions have enacte• .+revisions icohibitins heSi sing of more 20 than one office or employment whether or mo #h- posi ong w re ipatible under 21 commons law; and tp' 22 W- 23 WHEREAS, offices and positions if public trust sh•`I4 not ccumulate in a single 24 person; and 25 AittN 26 WHEREAS, individuals shabe pre tad from d •ving, directly or indirectly, any 27 pecuniary benefit by virtue o It sition-h•I i g; an. / 28 °.` 29 WHEREAS, an inherent conflict ace rs whe`• -n employee's elected position has 30 revisory power over he employee's sus n• in a,other position; and 31 ,, 32 WHEREAS, it is im••rtal'tStw sure tO. public officeholders and public employees 33 discharge .ei duties w un• ide=• oy=flies; and 34 a e t 35 WHER AS, ‘municipa ivfficehol•er who provides services under and is benefited by a 36 person �services±contract ' h the municipality he or she represents is likely to be subject 37 to many "f=t t �m conflictnd divided loyalties which have led to the rule against dual 38 employmen a;d office holdi g; and 39 '° 40 WHEREAS, a ' idiot . not only actual conflicts and improprieties but also the mere 41 appearance of imppppriety on the part of public officeholders is of the utmost importance to 42 retaining public trust in government. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH THAT: 46 47 Section 1: This ordinance is of a general and permanent nature and shall become a 48 part of the Kodiak Island Borough Code of Ordinances; 49 50 Section 2: A new Section 2.35.015 is hereby enacted and added to Chapter 2.35 51 Conflict of Interest of the Kodiak Island Borough Code to read as follows: 52 53 Kodiak Island Borough Ordinance No. FY2013-06 Page 1 of 2 54 2.35.015 Restrictions on employment and personal services contracts. 55 Simultaneous employment of personal service contracts by mayor and assembly 56 members is prohibited. 57 A. Neither the borough mayor nor any member of the borough assembly shall, at 58 any time during his or her term of office, be employed by the borough in any 59 other capacity, including but not limited to part-time or temporary employment. 60 B. For purposes of this section, an individual who renders services under a 61 personal services contract between that person and the borough or any 62 department, division or board thereof or between an corporation, limited liability 63 company, partnership, or other entity in which the individual holds any 64 ownership interest and the borough or any department, division, or board 65 thereof shall be considered employed by the borough. 66 C. For purposes of this section, a "personal services contra if iThnILbe defined as 67 including any contact or other agreement which ,calls for th"eTRendition or 68 performance of a service or task regardless o#fc(rhether or not goods or 69 equipment are also to be supplied or provided. 70 D. A violation of this section shall be grounds foptermina io ,of the violator's term 71 of office as well as termination of any cof"i"fraci of er °plbyment dfl personal 72 services contact between the violator and.tHe boron•h. t4t I 73 ' 1;. '( 74 ADOPTED BY THE ASSEMBLY OF TH oD A IS AK B• -OUGH 75 THIS DAY OF 2612 76 r' 77 78 •ODI ' le SLAND BOROUGH 79 /' 80 81 82 Jerome M. Selby, Borough Mayor 83 : a, 84 ATTEST: 85 86 4 87 1.88 Nova M'`Javier, MMC, Bo ough Cler 89 :a 90 siti et Kodiak Island Borough Ordinance No. FY2013-06 Page 2 of 2