1975-04 Requiring a Full Disclosure by the Borough Mayor, Assembly Members, and by All Candidates for Election to Those Offices� 1
� iZ:0DtAK fSLAND BOROUGH
ORDINANCE NUMBER 75 -4 -0
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH REQUIRING A FULL DISCLOSURE BY THE BOROUGH MAYOR,
ASSEMBLY MEMBERS AND BY ALL CANDIDATES FOR ELECTION TO THOSE
OFFICES, OF ALL ASSETS AND LIABILITIES VALUED AT FIVE HUNDRED
DOLLARS ($500.00) OR MORE, AND OF ALL SOURCES OF INCOME OF ONE
HUNDRED DOLLARS ($100.00) OR MORE PER ANNUM.
WHEREAS, the purposes of this Ordinance are:
1. To discourage public officials elected to the office of Borough
Mayor and to the Assembly of the Kodiak Island Borough from acting upon
a private or business interest, whether for pecuniary gain or otherwise,
in the performance of public duty.
2. To assure that such public officials in their official acts are
free of the influence of private, business or other outside interests.
3. To develop public confidence in persons seeking or holding
public office, to enhance the dignity of the offices and to make them more
attractive to citizens who are motivated to public service, and
4. To develop accountability in government by permitting public
access to information necessary to judge the credentials, performance and
outside interests of those who seek and hold public office.
WHEREAS, the people of the Kodiak Island Borough find and declare:
1. That public office is a public trust which should be free from the
danger of conflicts of interest.
2. That the people of the Kodiak Island Borough have a right to know
of the financial, business or other interests, whether they involve pencuniary
gain or otherwise, of those who hold or seek to hold office as representatives
on the Assembly or those who hold or seek to hold the office of Borough Mayor.
3. That the people of the Kodiak Island Borough have a compelling
Interest in demanding that the Borough Mayor and the members of the Borough
Assembly and candidates for those offices disclose their personal and business
interests.
4. That reasonable disclosure requirements do not violate an Individual's
right to privacy where the individual seeks or holds public office and the people
of the Kodiak . .nd Borough have a compelling it est in the disclosure.
5. That reasonable disclosure requirements do not have the effect
of ling the exercise of the right of a qualified person to seek or hold
offic as Borough Mayor or members of the Borough Assembly.
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BE IT ORDAINED by the Assembly of the Kodiak Island Borough,
Alaska, that:
1. The Borough Mayor and each member of the Kodiak Island Borough
Assembly shall, within thirty (30) days of the adoption of this Ordinance
by the Assembly, file with the Borough Clerk a disclosure statement in
accordance with the provisions enumerated below.
2. Each candidate seeking election to the office of Borough Mayor
and to the Borough Assembly shall file a disclosure statement in accordance
with the provisions enumerated below at least thirty (30) days prior to the
date of the election.
3. The Borough Mayor and each member of the Borough Assembly and
each candidate for those offices shall file with the Borough Clerk a written
statement, made under oath and on penalty of perjury, which fully discloses:
A. The financial and business affairs of that person, including the
same information for each member of his household to the extent that it is
accertainable by the candidate or official. This statement shall contain:
1. All sources of income of more than One Hundred Dollars
($100.00) per annum, whether from wages, salary, commissions,
profits, capital gains, trust, annuity, dividends, or any other
source.
2. The identity and address of each business in which he or a
member of his household was a stockholder, owner, director,
officer, partner, proprietor or employee during the preceding
twelve month.
3. The identity and nature of each interest owned by him or
any member of his household in any business during th \preceding
i
j twelve months.
PAGE 2, ORDINANCE 74 -5 -0
4 . 1 ilen of each inter . in real property
located within the Kodiak Island Borough, including any se
or option to buy, owned by him or any member of his household,
at any time during the preceding twelve months. This property
shall be listed by its legal description and by its commonly known
address,
5. \ The identity of each trust or other fiduciary relation in which
he orta member of his household held a beneficial interest during
the preceding twelve months, a description and identification of the
property contained in each trust or relation, and the nature and
extent of the beneficial interest therein..
6. The nature and extent of any loans or loan guarantees made
to a candidate or Borough Mayor or Assembly member or to a
member of his household, and the identity of the maker of the
loan guarantor and the identity of each creditor to whom the candidate
Borough Mayor, or Assembly Member or member of his household
is indebted in the amount of Five Hundred Dollars ($500.00) or more.
7. A list of all mineral, timber, oil or any other natural resource
leases, or lease offers held by any candidate, Borough Mayor, or
or Assembly Member or member of his household during the preceding
twelve months.
8. A list of all other assets and liabilities valued at Five Hundred
Dollars ($500.00) or more which were held by him or a member of
his householdllduring the preceding twelve months.
9. Any asst or liability valued at less than Five Hundred Dollars,
J ti
($500.00 or any household
goods and personal effects aitk not
subjec o the reporting Po g of this Ordinance.
B. In a ition, the Borough Mayor, each Assembly member and e
candidate for se offices shall disclose within the time provisions of this
Ordinance a names of any organization, whether organized for charitable,
fraternal, public, private or lobbying purposes, of which he or a member of
his household was a member, officer director, agent, or representative
PAGE 3, ORDINANCE 75 -4 0
1 1 2 S I
during the preceding twelve months. This statement shall include the amount
of any dues or contributions made to such organizations within the preceding
g
twely \months whether made in money, in kind, or in services performed.
4; Reports filed under the provisions of this Ordinance shall be kept
on file for at least six years at the Kodiak Borough office, Kodiak, Alaska
these reports are public records. A copy of each disclosure statement shall
be made available for inspection upon written or oral demand made by any
person during normal business hours at the Kodiak Island Borough office,
in Kodiak. Any person having custody of such disclosure statements who
fails to produce them upon written or oral demand made during normal
business hours at the Kodiak Island Borough office is guilty of a misdemeanor
and upon conviction is punishable by a fine of not more than Five Hundred
Dollars ($500.00) or imprisonment for not more than thirty (30) days,
or both.
5. The Borough Assembly shall adopt the format to be used in making
the reports required by this Ordinance.
6. PENALTIES: Any person required to make a disclosure statement
under the provisions of this Ordinance who fails to file the required statements
within the time periods required by this Ordinance, or any person who
provides false or misleading information, is guilty of a misdemeanor
and upon conviction is punishable by a fine of not more than Five Hundred
Dollars ($500.00) or imprisonment for not more than thirty (30) days, or both.
7. It shall be the duty of the Borough Mayor and each Assembly member
to report to the Borough Attorney any violations of this ordinance which come
to his attention.
8. It sha9be the duty of the Borough Attorney
to Investigate all
reported viol ions of this ordinance and if it appears that the requirements
of this Ord' ante have been violated he shall prosecute such violations in
accordance with the terms of this Ordinance.
PAGE 4, ORDINANCE NUMBER 75 -4 -0
ATTEST:
Borough Clerk
S 1 ',
9. Any qualified voter entitled to vote for the election of Koctielk
Boroug ssembly members may bring a civil action to enforce any provision
of this Ordinance.
10. In the event that any provision of this Ordinance or portion
thereof be declared by a Court of competent jurisdiction to be invalid, for
any cause, such invalid provision or portion thereof shall be deemed to be
non - existant and the remainder of this Ordinance shall continue in full
force and effect.
PASSED AND APPROVED THIS DAY OF ,1975
3
Presiding Officer
PAGE 5, ORDINANCE 75 -4 -0
KODIAK ISLAND BOROUGH
Borough Mayor
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