1980-20 Submitting to the Voters of the KIB Whether the Borough Should Exempt it's Municipal Officers7 .----
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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:
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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
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Ord. No. 80 -20 -0
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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
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make a required disclosure
or who files a statement
knowing it to be false or
lease
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Ord. No. 80 -20 -0
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misleading shall, upon conviction be punished by a fine of not more
than three hundred dollars.
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! 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
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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
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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
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First Reading Date:
Second Reading, Public Hearing, Adoption Date: May 1, 1980
1, Ord. No. 80 -20 -0
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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