1988-23 Adopting a Local Financial Disclosure and Placing the Question of Exemption from the State Financial Disclosure LawWHEREAS, the Alaska Public Offices CommissioW s not funded
sufficiently to adequately enforce the provisions of AS 39 and
WHEREAS, a conflict
enforced locally; and
WHEREAS, voters are reluctant to
for service area boards, due to the filing requiremerl -; and
WHEREAS, a local conflict of interest la ould exempt candidates
to service area boards from filing;
BE IT ORDAINED by the Kodiak Isla Borough Assembly that:
Section 1. This ordinance is of a ••neral and permanent nature
I and shall become a part of the Code of Or ces.
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ADOPT
A LOCAL FINANCIAL DISCLOSURE AND CONFLICT OF INTERFJ LAW
AND PLACING THE QUESTION OF EXEMPTION FROM THE ST•TE
FINANCIAL DISCLOSURE LAW (AS 39.50) ON THE BAIL 'T
Section 2. Chapter 2.18 is her by repealed and reenacted to
read:
CHAPTS .18
FINANCIAL DISCLOSURE • CONFLICT OF INTEREST
2.18.010 Re.•rt of financial and . iness interests. A. A candidate for
e ective municipa o ice sha - statement under oath with the borough
clerk, at the time of filing ca nominating petition and declaration of
candidacy, specifying the 3 idate's business interests and income
sources.
B. Any appointed mayor, assembly member, school board member, or
planning & zoning commissio -r shall file a statement under oath with the
borough clerk, within t days after appointment to office, specifying
sources of business inter and income.
C. Each munici.: •fficer shall file a similar statement of income
sources and business int -rests with the borough clerk not later than April
15 of each year that off e is held.
1 2.10.020 Contents .s tatement. A. The statement filed by a municipal
o cer or can. .a - n.er t is chapter shall be an accurate representation
of the financial . . rs of the business interests and sources of income for
the officer's or -- didate's spouse, dependent children, and nondependent
children residi•: ith the officer or candidate, to the extent those sources
of income o .usiness interests are ascertainable by the officer or
n 7 acme Or nahuity ,.nder $500- household goods, and
personal of need not be identified.
B. statement filed shall include the following information relating
to the pal officer or candidate and the officer's or candidate's spouse,
dependen hildren, and nondependent children residing with the officer or
candidate
(1) The source of all income of one hundred dollars or more
received' as dividends or interest;
(2) The source of all other income over one hundred dollars,
includl'ng capital gains received during the preceding calendar year;
Ordinance No. 88 -23 -0
Page 1 of 3
By:
Drafted by:
Introduced:
Amended:
Adopted:
Ken Gregg
Borough Clerk
07/21/88
08/18/88
08/18/88
KODIAK ISLAND BOROUGH
ORDINANCE NO. 88 -23 -0
of interest law could • = more effectively
seek elect=• office, particularly
(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 thi
municipal officer or candidate is an officer, director, manager, or emplgyee
during the preceding calendar year;
(5) A description of each interest in real property d a
statement of the nature of the interest owned;
(6) Each loan, loan guarantee, or other indebtedness of 500 or
more, including the identity of the maker of the loan and each(r�se itor and
the nature and terms of the transaction; /
(7) A list of all contracts, bids, or offers to contra with the
borough during the preceding year, including those male through a
proprietorship, partnership, or corporation in which LM+ officer or
candidate or a member of their family, or a combination/of /them, hold a
controlling interest; and /
(8) A list of each mineral, timber, oil, or oth® natural resource
lease held, or lease offer made during the precedtrtg/ calendar Year,
including those held or made by a partnership or professional corporation,
or a corporation in which the officer or candidate Or the officer's or
candidate's spouse or children, or a combination of the , hold a controlling
interest.
C. The statement shall be filed on a form prec ribed by the borough
clerk.
2.18.030 Modified requirements for professiop 4 Notwithstanding other
provisions of this chapter, medical and psyc is c doctors, attorneys, and
psychologists are not required to disclose as sources of income the names of
individual patients or clients who receive professional services normally
considered to be confidential. This exemp ion shall not apply to the
identity of any corporation or other busii entity having a contract with
the professional producing income of $5s or more for services to its
members or a defined group, nor to identity of clients receiving
services that do not fall within t jandidate's or official's field of
professional expertise.
Ordinance No. 88 -23 -0
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2.18.040 Records, public. All staelp'ents required to be filed by this
chapter are public records.
2.18.050 Refusal or failure to d' -. e. A. If a candidate fails or refuses
to ie t e statement require • r"r Lion 2.18.010, the candidate's filing and
any accompanying fees shall b refused or, if previously accepted, shall be
returned and the candidate's e shall be withheld or removed from the
filing records of candidate
8. A candidate failjti5g6 refusing to comply with the requirements of
this chapter shall forfeit the omination and shall not be seated or sworn to
the office for which this per on is a candidate.
C. A person who r - fuses or knowingly fails to disclose required
information within the tim required in this chapter, or who provides false
or misleading information knowing it to be false or misleading, is guilty of
a misdemeanor and upo conviction is punishable by a fine of not less than
$100 nor more than $1,.00.
2.18.060 Failure to re••rt b munici•al officer. A. If the report is not
e• or proper y omp ete• wit in t e time required by this chapter,
penalties of $10 /d accrue up to the 30th day of delinquency.
B. On the 1st day, the borough clerk will request the assembly to
remove the offic• I from office and request the borough attorney to initiate
misdemeanor pr eedings.
2.18.070 Co flicts of interest prohibited. A municipal officer,
appointed o icial, or employee may not solicit or receive money for advice
or assists a given in the course of the officer's or employee's employment
,or relatin to that employment.
B. A municipal officer, appointed official, or employee may not
represe t a client before the borough assembly for a fee.
C. A municipal officer, appointed official, or employee may not accep•
a gift, loan, gratuity, or other valuable consideration, or a promise of an
of them, with the understanding or agreement, expressed or implied, that
i
I I
without specifying clients or customers
normally conducted on a cash basis and
individual customers. In all other ca
proprietorship, partnership, or corpor
II income of the person whose incom
children, or a combination o f them h Id a
Section 3. This ordinanc takes effect upon passage by a
d voting on the following question at
11 majority oft o> electors qualified"
the regular election to be held on 0 tober 4, 1988.
"Shall Ordinance No. 44 which enacts financial disclosure
` fficals and candidates (excluding service
ffice, and exempts officials and candidates
al disclosure be approved ?"
requirements for boro
�� area boards) for boro
for office from state finr
PASSED AND APP c'R t THIS 18th DAY OF August, 1988.
II
I
the officer will cast a vote or give an opinion, decision, or judgment in a
particular manner, in a matter, question, cause, or proceeding which then
is or may by law come or be brought before the municipal officer, appointed
official, or employee, or with the understanding or agreement that the
officer or employee will, in official capacity, act in a particular mann r to
produce or prevent a particular result.
D. No member of the governing body may vote on any que ion in
which the member has a direct or indirect substantial financial interest.
Direct or indirect financial interest shall be disclosed to the presiding
officer prior to the vote on the question, for a ruling on a re q(�est from
the member with the financial interest to be excused from the Vote. The
decision of the presiding officer on a request by a member of th governing
body to be excused from a vote may be overridden by the ma' rity vote of
the assembly. If there are not at least four assembly members in
attendance who are qualified to vote, the matter shall e t bled until the
next regular or special meeting at which four assembly me rs qualified to
vote on the matter are in attendance.
E. A municipal employee or official, other than a' member of the
governing body, may not participate in an official !lo on in which the
employee or official has a substantial financial interesj.
2.18.080 Definitions. As used in this chapter, tic — , ollowing
definitions shall apply:
A. "Municipal officer" means the mayor, be idgh assembly members,
school board members, and members of the planning & zoning commission.
B. "Source of income" means an employer . other person or entity
paying compensation, dividends, or interest, d' ectly or indirectly, for
services, products, or investments. If ncome being reported is
derived from employment by a sole propr - torship, partnership, or
corporation in which the reporting person e spouse or children, or a
combination of them hold a controllin• erest, that proprietorship,
partnership, or corporation may be design.ted as the source of income
if the business is one that is
ically does not keep records of
the clients or customers of the
on shall be listed as sources of
being reported, whose spouse,
controlling interest.
ATTEST:
II
h Ordinance No. 88 -23 -0
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KODIAK ISLAND BOROUGH