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1980-20 Submitting to the Voters of the KIB Whether the Borough Should Exempt it's Municipal Officers7 .---- iin n 1 i' 1 1 AN ORDINANCE SUBMITTING TO THE QUALIFIED VOTERS OF THE KODIAK ISLAND BOROUGH THE QUESTION WHETHER THE BOROUGH SHOULD EXEMPT ITS MUNICIPAL OFFICERS FROM CHAPTER 39.50 OF THE ALASKA STATUTES PERTAINING TO CONFLICT OF INTEREST, AND ENACTING CHAPTER 2.40 OF THE KODIAK ISLAND BOROUGH CODE PERTAINING TO FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST. H enacted as follows: n 9 7 1 KODIAK ISLAND BOROUGH ORDINANCE NO. 80 -20 -0 The Kodiak Island Borough Assembly ordains: Section 1. Chapter 2.40 of the Kodiak Island Borough Code is CHAPTER 2.40 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST SECTIONS: 2.40.010 Report of Financial and Business Interests 2.40.020 Contents of Statement 2.40.030 Modified Requirements for Professionals 2.40.040 Records Public 2.40.050 Refusal or Failure to Disclose 2.40.060 Conflicts of Interest Prohibited 2.40.070 Definitions 2.40.010 Report of Financial and Business Interests A. A candidate for elective municipal office shall file a statement under oath with the Borough clerk, at the time of filing a nominating petition and declaration of candidacy, specifying his business interests and income sources. B. The manager and any appointed mayor or assembly member shall file a statement under oath with the Borough clerk, within thirty days after appointment to office, specifying his business interests and income sources. C. The manager and each municipal officer shall file a similar statement of income sources and business interests with the Borough clerk not later than April 15th of each year that he holds office. 2.40.020 Contents of Statement A. The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and also shall reflect the business interests and sources of income of the officer's or candidate's spouse, dependent children and nondependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects having a value of less than one thousand dollars need not be identified. The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children and nondependent children residing with the officer or candidate: 1. The source of all income of one thousand dollars or more received as dividends or interest; 2. The source of all other income over one thousand dollars, including capital gains, received during the preceding calendar year; 3. The name and address of each business entity owned or in which an interest was held during the preceding calendar year, including a statement of the nature of the interest owned or held; 4. The name and address of each business in which he was an officer, director, manager, or employee during the preceding calendar year; S. A description of each interest in real property and a statement of the nature of the interest owned; 6. Each loan, loan guarantee or other indebtedness of one thousand dollars or more, including the identity of the maker of the loan and each creditor and the nature and terms of the transaction; 7. A list of all contracts, bids or offers to contract with the Borough during the preceding year, including those made through a proprietor- ship, partnership, or. corporation in which he or a member of his family, or a combination of them, hold a controlling interest; and c1 r1 1 n n n n Ord. No. 80 -20 -0 Page 2 8. A list of each mineral, timber, oil or other natural resource held, or lease offer made during the preceding calendar year, including those held or made by a partnership or professional corporation, or a corporation in which the officer or candidate or his spouse or children, or a combination of them, hold a controlling interest. The statement shall be filed on a form prescribed by the Borough clerk. 2.40.030 Modified Requirements for Professionals Notwithstanding other g provisions of this chapter, medical and psychiatric doctors, attorneys and psychologists are not required to disclose, as sources of income, the names of individual patients or clients who receive profes- sional services normally considered to be confidential. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of one thousand dollars or more for services to its members or a defined group, nor to the identity of clients receiving services that do not fall within the candidate's or official's field of professional expertise. C. 2.40.040 Records, Public All statements required to be filed by this chapter are public records. 2.40.050 Refusal or Failure to Disclose If a candidate fails or refuses to file the statement required by Section 2.40.010, his filing and any accompanying fees shall be refused or, if previously accepted, shall be returned and his name shall be withheld or removed from the filing records of candidates. B. A person filing or refusing to comply with the requirements of this chapter shall forfeit his nomination and shall not be seated or sworn to the office for which he is a candidate C. A person who refuses or knowingly fails to of information as provided in this chapter containing false or misleading information Ord. No. 80 -20 -0 Page 3 9 7 make a required disclosure or who files a statement knowing it to be false or lease . 41111c - T 1 1 1 Ord. No. 80 -20 -0 Page 4 n 3 1 '1 misleading shall, upon conviction be punished by a fine of not more than three hundred dollars. 1 ! 2.40.060 Conflicts of interest Prohibited A. A municipal officer, appointed official or employee may not solicit or receive money for advice or assistance given in the course of the officer`s or employee's employment or relating to his employment. B. A municipal officer, appointed official or employee may not represent a client before the assembly for a fee, except employee members of the unions pursuant to labor agreements. C. A municipal officer, appointed official or employee may not accept a gift, loan, gratuity or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision or judgment in a particular manner, in a matter, question, cause or proceed- ing which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his official capacity, act in a particular manner to produce or prevent a particular result. D. No assembly member may vote on any question in which he has a substantially 1 direct or indirect financial interest. Direct or indirect financial interests shall be disclosed to the presiding officer prior to a vote on the question and the presiding officer shall determine whether the financial interest exists and whether the prohibition from voting is applicable. A decision by the presiding officer may be overridden by a unanimous vote of the members present, exclusive of the member present- ing the possible conflict. 2.40.070 Definitions As used in this chapter, the following definitions shall apply: A. "Municipal officer" means the mayor, the manager and assembly members. 8. "Source of income" means any employer or other person or entity paying compensation, dividends or interest, directly or indirectly, for services, products or investments. If the income being reported is derived from i I n 1 ^ I n e o n -, 1 1 1 1 ? 9 1 employment by a sole proprietorship, partnership or corporation in which the reporting person, his spouse or children, or a combination of them, hold a controlling interest, that proprietorship, partnership or corporation may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers; otherwise, the clients or customers of such a proprietorship, partnership, or corporation shall be listed as sources of income of the person whose income is being reported. Section 2. The Kodiak Island Borough exempts its municipal officers from the requirements of Chapter 39.50 of the Alaska Statutes. Section 3. A proposition to exempt the municipal officers of the Kodiak Island Borough from the requirements of Chapter 39.50 of the Alaska Statutes shall be submitted to the qualified voters of the Kodiak Island Borough at the next regular Borough election. The proposition shall be in substanitally the following form: Shall the Kodiak Island Borough exempt its municipal officers from Chapter 39.50 of the Alaska Statutes, pertaining to conflict of interest? The proposition must receive a majority of those voting on the question to be approved. Section 4. Section 3 of this ordinance is effective upon passage and approval. Sections 1 and 2 are effective only upon approval of the proposition submitted under Section 3. Ord. No. 80 -20 -0 Page 5 n n 1 fl ;) First Reading Date: Second Reading, Public Hearing, Adoption Date: May 1, 1980 1, Ord. No. 80 -20 -0 j Page 6 1 '. PASSED AND APPROVED this 1st day of Mav Effective Date: May 1, 1980 April 3, 1980 KODIAK ISLAND BOROUGH B y lc `477-44 c` , \ Borough Mayor Acting