2009-07-30 Work SessionKodiak Island Borough
Assembly Work Session
Thursday, July 30, 2009, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda
packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed
when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal
Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of
the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting.
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
AGENDA ITEMS:
1. Review of KIBC 2.35.010 Conflicts of Interest Code
PACKET REVIEW
PUBLIC HEARING
Ordinance No. FY2010 -03 Authorizing the Borough to Issue General Obligation Bonds in the Principal
Amount of Not to Exceed $76,310,000 to Finance the Planning, Design, and Construction of School and
Related Capital Improvements in the Borough Including Without Limitation the Reconstruction and
Renovation of the Kodiak High School, and to Submit the Question of the Issuance of Such Bonds to the
Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election.
Ordinance No. FY2010 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal
Amount of Not to Exceed $12,500,000 to Finance the Planning, Design, and Construction of Renewals
and Replacements of Borough Facilities; and to Submit the Question of the Issuance of Such Bonds to
the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election.
UNFINISHED BUSINESS — None
NEW BUSINESS
CONTRACTS
Amending the Motion Previously Adopted at the July 16, 2009 Regular Meeting on Contract No.
FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery.
Contract No. FY2010 -13 Kodiak Road System Trails Master Plan.
Contract No. FY2010 -14 Kodiak Schools Mechanical Electrical and Plumbing Equipment Seismic
Upgrades.
RESOLUTIONS — None.
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2010 -05 Amending Kodiak Island Borough Code Title 3 Revenue and Finance Chapter
3.05 Fiscal Policy Section 3.05.030 Debt Policies.
OTHER ITEMS
*Declaring a Seat on the Solid Waste Advisory Board Vacant.
Assembly Approval of a Vacation in Accordance With KIBC 16.40 and KIBC 16.60 to Allow a 10 Foot
Wide Utility Easement Over Lot 1A, U.S. Survey 3466 (Originally Created by Plat 80 -22) and the Vacation
of a Portion of a Driveway and Utility Easement Located Over a Portion of the Same Lot. (Case S09 -021)
*Declaring a Seat on the Service Area No. 1 Board Vacant.
EXECUTIVE SESSION
Discussion of Attorney's Opinion Regarding Reconsideration.
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
Introduced by: KIB Assembly
Requested by: Assembly member Stutes
1 Drafted by: Assembly member Stutes
2 AS PRESENTED BY Introduced: =MO= Public Hearing:
4 ASSEMBLY MEMBER STUTES Adopted:
5
6
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY200X -XX
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
11 TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.35 CONFLICT OF INTEREST
12 SECTION 2.35.010 CONFLICTS OF INTEREST PROHIBITED
13
14 WHEREAS, members of the assembly and other municipal officials owe the Borough a duty of
15 undivided loyalty in carrying out their official functions and the Borough's business; and
16
17 WHEREAS, the fact or perception that an assembly member or other municipal official may have
18 a divided loyalty or conflict of interest may arise even though the individual in question may not have
19 a substantial direct or indirect financial interest in a particular official action; and
20
21 WHEREAS, it is of the utmost importance to public confidence in local government that the
22 perception and well the fact of divided loyalties and conflicts of interest be avoided; and
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
25 BOROUGH THAT:
26
27 Section 1: This ordinance is of a general and permanent nature and shall become a part of the
28 Kodiak Island Borough Code of Ordinances;
29
30 Section 2: Title 2 Administration and Personnel Chapter 2.35 Conflict Of Interest Section
31 2.35.010 Conflicts Of Interest Prohibited is hereby amended as follows:
32
33 Chapter 2.35
34 CONFLICT OF INTEREST
35 Sections:
36 2.35.010 Conflicts of interest prohibited.
37 2.35.020 Definitions.
38
39 2.35.010 Conflicts of interest prohibited.
40 A. A municipal officer, appointed official, or employee may not solicit or receive money for advice or
41 assistance given in the course of the officer's or employee's employment or relating to his
42 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 other
46 valuable consideration, or a promise of any of them, with the understanding or agreement,
47 expressed or implied, that the officer will cast a vote or give an opinion, decision or judgment in the
48 particular manner, in a matter, question, cause, or proceeding which then is or may by law come or
49 be brought before him or her, or with the understanding or agreement that the officer or employee
50 will, in his official capacity, act in a particular manner to produce or prevent a particular result.
Kodiak Island Borough, Alaska Ordinance No. FY200X -XX
Form Ver. 06/30/2009 Page 1 of 2
51 D. No municipal officer, appointed official, or employee may vote or participate in any official action
52 in which he or she has a substantial direct or indirect financial interest. Direct or indirect financial
53 interest or in which any corporation, partnership, or other entity, association or organization with
54 whom the officer, appointed official or employee is affiliated has a substantial direct or indirect
55 financial interest. Direct or indirect financial interest shall be disclosed to the chair prior to a vote on
56 the question, and if there are not at least four assembly members in attendance who are qualified to
57 vote, the matter shall be tabled until the next regular or special meeting at which four assembly
58 members 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 primary
60 purpose of obtaining financial gain for himself or herself, or his or her spouse, child, mother, father,
61 or business with which he or she is associated or owns stock.
62
63 2.35.020 Definitions.
64 As used in this chapter, the following definitions shall apply:
65 "Municipal officer" means the mayor, assembly members, manager, and members of the planning
66 and zoning commission.
67 "Corporation, partnership or other entity, association organization" includes all forms of business
68 organizations as well as organizations formed and operated on a non - profit or not - for - profit basis. A
69 municipal officer, official or employee is "affiliated with" a corporation, partnership or other entity,
70 association or organization if he or she is employed by or otherwise receives compensation from it
71 serves as an officer or director of it, or holds any ownership interest in it. Mere membership in a non -
72 profit organization will not, however, cause a municipal officer, appointed official or employee to be
73 regarded as "affiliated with" that organization within the meaning of this chapter.
74
75 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
76 THIS DAY OF 200X
77
78
79 KODIAK ISLAND BOROUGH
80
81
82
83 Jerome M. Selby, Borough Mayor
84
85 ATTEST:
86
87
88
89 Nova M. Javier, MMC, Borough Clerk
90
91
Kodiak Island Borough, Alaska Ordinance No. FY2007 -XX
Page 2 of 2
18 BOROUGHS IN ALASKA
There are 18 Boroughs in Alaska and 7 of these have a pretty extensive code of ethics.
CODE OF ETHICS
CONFLICT OF
INTEREST
1.
ALEUTIANS EAST BOROUGH
Yes — basic code
section
2.
ANCHORAGE
Yes
(pretty extensive chapter, 55
pages)
Covered in their Code of
Ethics
3.
BRISTOL BAY
Pending verification
4.
DENALI
Yes
(pretty good wording)
Covered in their Code of
Ethics
5.
FAIRBANKS
Yes
(2007 rewrite, pretty recent)
Covered in their Code of
Ethics
6.
HAINES
Yes
Covered in their Code of
Ethics
7.
JUNEAU
Yes
(called Standards of Conduct)
Cross referenced
1.45.090
8.
KENAI
Pending verification
9.
KETCHIKAN
Yes
(18 pages of Conflict of Interest)
10.
KODIAK
Code section only
11.
LAKE AND PEN
Code section only
12.
MATSU
Yes
Covered in their Code of
Ethics
13.
NORTH SLOPE
Pending verification
14.
NORTHWEST ARCTIC
Pending verification
15.
SITKA (CITY BOROUGH)
Yes — basic code
section
16.
SKAGWAY
Basic code section
4.04.050
17.
WRANGELL
Basic code section
3.04.112
18.
YAKUTAT
Basic code section
18 BOROUGHS IN ALASKA
There are 18 Boroughs in Alaska and 7 of these have a pretty extensive code of ethics.
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