FY2014-01 Initiative Ordinance - Amending Title 2.35 Conflict of Interest Precluding Assembly and Mayor From Being Employed by the Borough 1 KODIAK ISLAND BOROUGH
2 INITIATIVE ORDINANCE NO. FY2014-01
3
4 AN ORDINANCE AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL,
5 CHAPTER 2.35, CONFLICT OF INTEREST OF THE KODIAK ISLAND
6 BOROUGH BY ADDING SECTION 2.35.015, SIMULTANEOUS EMPLOYMENT
7 OR PERSONAL SERVICE CONTRACTS BY MAYOR AND ASSEMBLY
8 MEMBERS PROHIBITED, SO AS TO PRECLUDE THE BOROUGH MAYOR
9 AND MEMBERS OF THE BOROUGH ASSEMBLY FROM BEING EMPLOYED
10 BY THE KODIAK ISLAND BOROUGH OR ENTERING INTO PERSONAL
11 SERVICES CONTRACTS
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13 WHEREAS, this initiative petition was submitted by Jamie Fagan on May 1, 2013; and
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15 WHEREAS, the proposition was submitted to the voters at the municipal election of October
16 1, 2013; and
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18 WHEREAS, the majority of the voters voted in favor of the proposition.
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20 NOW, THEREFORE, BE IT BY THE QUALIFIED REGISTERED VOTERS OF THE KODIAK
21 ISLAND BOROUGH THAT:
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23 Section 1: This ordinance is of a special nature.
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25 Section 2: The Kodiak Island Borough Code of Ordinances Title 2 Administration and
26 Personnel, Chapter 2.35 Conflict of Interest is hereby amended by Adding
27 Section 2.35.015, Simultaneous employment or personal service contracts by
28 mayor and assembly members prohibited as follows:
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30 Chapter 2.35
31 CONFLICT OF INTEREST
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33 Sections:
34 2.35.010 Conflicts of interest prohibited.
35 2.35.015 Simultaneous employment or personal service contracts by mayor and
36 assembly members prohibited.
37 2.35.020 Definitions.
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39 2.35.010 Conflicts of interest prohibited.
40 A. A municipal officer, appointed official, or employee may not solicit or receive money for
41 advice or assistance given in the course of the officers or employee's employment or
42 relating to his employment.
43 B. A municipal officer, appointed official, or employee may not represent a client before the
44 assembly or the planning and zoning commission for a fee.
45 C. A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or
46 other valuable consideration, or a promise of any of them, with the understanding or
47 agreement, expressed or implied, that the officer will cast a vote or give an opinion,
48 decision or judgment in the particular manner, in a matter, question, cause, or proceeding
49 which then is or may by law come or be brought before him, or with the understanding or
50 agreement that the officer or employee will, in his official capacity, act in a particular
51 manner to produce or prevent a particular result.
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Kodiak Island Borough, Alaska Initiative Ordinance No. FY2014-01
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53 D. No municipal officer, appointed official, or employee may vote or participate in any official
54 action in which he has a substantial direct or indirect financial interest. Direct or indirect
55 financial interest shall be disclosed to the chair prior to a vote on the question, and if there
56 are not at least four assembly members in attendance who are qualified to vote, the matter
57 shall be tabled until the next regular or special meeting at which four assembly members
58 qualified to vote on the matter are in attendance.
59 E. A municipal officer, appointed official, or employee may not use his official position for the
60 primary purpose of obtaining financial gain for himself, or his spouse, child, mother, father,
61 or business with which he is associated or owns stock.
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63 2.35.015 Simultaneous employment or personal service contracts by mayor and
64 assembly members prohibited.
65 A. Notwithstanding any other provisions of Title 2, neither the borough mayor nor any
66 member of the borough assembly shall, at any time during their terms of office, be
67 employed by the borough in any other capacity, including but not limited to part-time
68 or temporary employment, nor may they be a party to a personal services contract
69 with the borough.
70 B. For purposes of this section
71 1. a "personal services contract" hall be defined as any contract or other
72 agreement a primary purpose of which involves the rendition or performance
73 of services or tasks; and
74 2. a person shall be considered a party to any contract which is held by a
75 partnership, corporation, limited liability company, or other business entity
76 which is at least 50 percent owned by that person and/or that person's spouse.
77 C. A violation of this section shall be grounds for termination of the violator's term of
78 office as well u termination of any contract of employment or personal services
79 contract between the violator and the borough.
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81 2.35.020 Definitions.
82 As used in this chapter, the following definitions shall apply:
83 "Municipal officer" means the mayor, assembly members, manager, and members of the
84 planning and zoning commission.
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86 Section 3: Per AS Section 29.26.170(d) If a majority vote favors the ordinance or resolution,
87 it becomes effective upon certification of the election, unless a different effective
88 date is provided in the ordinance or resolution. This ordinance takes effect on
89 October 17, 2013.
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91 Section 4: Per AS 29.26.190(a) The effect of an ordinance or resolution may not be
92 modified or negated within two years after its effective date if adopted in an
93 initiative election or if adopted after a petition that contains substantially the same
94 measure has been filed.
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96 ADOPTED BY THE REGISTERED VOTERS OF THE KODIAK ISLAND BOROUGH
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Kodiak Island Borough, Alaska Initiative Ordinance No. FY2014-01
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