2010-07-08 Work SessionKodiak Island Borough
Assembly Work Session
Thursday, July 8, 2010, 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)
ITEMS FOR DISCUSSION
1. Non - Profit Funding
2. Transient Housing
3. Code of Ethics
PACKET REVIEW
PUBLIC HEARING
Ordinance No. FY
UNFINISHED BUSINESS
NEW BUSINESS
CONTRACTS
Contract No. FY
RESOLUTIONS
Resolution No. FY
ORDINANCES FOR INTRODUCTION
Ordinance No. FY
OTHER ITEMS
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
ON- LEAVE:
Gifford - July 3 -9 (personal); July 24- August 2 (AML /personal)
Jeffrey - July 2- August 15 (personal)
Selby — July 15 -21 (NACo Conference — Reno, NV)
KODIAK ISLAND BOROUGH
ASSEMBLY WORK SESSION
Work Session ofJ L A' � raw
Please PRINT your name
Please PRINT your name
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8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
9 TITLE 2 ADMINISTRATION AND PERSONNEL BY RENAMING CHAPTER 2.35
10 CONFLICT OF INTEREST TO CODE OF ETHICS, REPEALING OLD
11 SECTIONS 2.35.010 AND 2.35.020 AND INSTITUTING NEW SECTIONS 2.35.010 TO 2.35.100
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13 WHEREAS, members of the assembly wish to establish a more comprehensive ethics code that
14 declares the high moral and ethical standards of public officials; more/comprehensive
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16 WHEREAS, it is declared that holding public office or/employment is public trust and the
17 people require public officials to adhere to a code of ethics'
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19 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
20 BOROUGH THAT:
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22 Section 1: This ordinance is of a general and permanent nature and shall become a part of the
23 Kodiak Island Borough Code ofLOrdinances; and
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30 Chaptec2.35
31 CQNF ICT.OF INTCDCCTCODE OF ETHICS
32 Sections
33 2.35.010 Conflicts intoroct•prohibitod
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39 employment-
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42 C..4 municipal officor, ap6ointod official, or omployoo may not accopt a gift, loan, gratuity, or
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2011 -XX
Section 2: This ordinance amends Title 2 Admini ation and Personnel Chapter 2.35 Conflict Of
Interest by Renaming Chapter 2,35 Conflict Oflnterest -to Code of Ethics, Repealing
Old Sections 2.35.010 and 2.35: ;and'- Ihstituting New Sections 2.35.010 to
2.35.100 as follows:
Kodiak Island Borough
Form Ver. 06/30/2009
\ \/ 2 7\
Introduced by: Borough Assembly
Requested by: Borough Assembly
Drafted by: Borough Clerk
Introduced: XX/XX/2010
Public Hearing:
Adopted:
tho particular mannor, in a mattor, quostion, cauco, or procooding which thon is or may by law
como or bo brought boforo him, or with tho undorctanding or agroomont that tho officor or
rocult.
Ordinance No. FY200X -XX
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mattor aro in attondanco.
E. A municipal officor, appointod official, or omployoo may not uco his official pocition for tho
primary purpoco of obtaining financial gain for himcolf, or his spouso, child, mothor, fathor, or
bucinoss with which ho is ascociatod or owns stock. [Ord. 98 02 §4, 1008; Ord. 84 11 0, 1081;
Ord. 79 11 0, 1070. F
2.35.020 Dofinitions.
planning and zoning commission. [Ord. 98 02 § -, 1998; Ord. 84- 61- 0� §10, 1984; Ord. 84 11 0,
64 57 1984; Ord. 70 11 0, 1079. Formorly §2.18.0201.
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68 Sections:
69 2.35.010 Declaration of policy.
70 2.35.020 Scope of code of ethics.
71 2.35.030 Misuse of official position.
72 2.35.040 Gifts.
73 2.35.050 Improper use or disclosure of information.
74 2.35.060 Improper representation.
75 2.35.070 Disclosures of conflicts by municipal officers other than employees.
76 2.35.080 Actions voidable.
77 2.35.090 Criminal sanctions additional.
78 2.35.100 Definitions.
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80 2.35.010 Declaration of policy...
81 It is declared that hig -moral and ethical standards among municipal officers of the borough
82 are essential to the conduct of free }government +and that the assembly believes that a code of
83 ethics for the guidance of officers willlencourage those officers to act in the public
84 interest. This will improveptandards- of,puublic service and will promote and strengthen the faith
85 and confidence_of_the people of- thisborough-in -their municipal officers.
86 It is futer declared hat' holding public - office or employment is a public trust and that the
87 people require municipal officers to adhere to a code of ethics.
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89 2.35 :020 Scope of code oethics.
90 A. TheNassembly affirms, that each municipal officer holds office as a public trust, and any
91 effort to benefit a ubstantial personal interest or a substantial financial interest through official
92 action is a violation.of that trust. The public trust and this chapter do not prohibit an officer from
93 following independent pursuits, so long as those pursuits do not interfere with the full and faithful
94 discharge of an officer's•public duties. The assembly further recognizes that:
95 1. In a representative democracy, the representatives are drawn from society and,
96 therefore, cannot and should not be entirely without personal and financial interests in the
97 decisions and policies of government;
98 2. Citizens who serve as municipal officers retain their rights to interests of a personal or
99 financial nature; and
100 3. Standards of ethical conduct for municipal officers need to distinguish between those
101 inconsequential conflicts which are unavoidable in a free society, and those which are
102 substantial and material.
103 B. There is no violation of this code of ethics if, as to a specific matter, a municipal officer's:
104 1. Personal or financial interest in the matter is insignificant, or of a type that is possessed
105 generally by the public or a large class of persons to which the municipal officer belongs;
Chapter 2.35
CODE OF ETHICS
Kodiak Island Borough Ordinance No. FY2011 -XX
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106 2. Action or influence would have an insignificant or conjectural effect on the matter; or
107 3. Action consists of voting in favor of introduction of an ordinance.
108 C. In order for the rules governing conduct to be respected both during and after leaving
109 public service, the code of ethics must be administered fairly without bias or favoritism;
110 D. No code of ethics, however comprehensive, can anticipate all situations in which violations
111 may occur nor can it prescribe behaviors that are appropriate to every situation; in addition, laws
112 and regulations regarding ethical responsibilities cannot legislate morality, eradicate corruption,
113 or eliminate bad judgment; and
114 E. Compliance with a code of ethics is an individual responsibility; thus all who serve the
115 borough have a solemn responsibility to avoid improper conduct and prevent improper behavior
116 by colleagues and subordinates.
117 F. The borough attorney shall be guided by this section when iss ni gvinions and reaching
118 decisions.
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120 2.35.030 Misuse of official position.
121 A. A municipal officer may not use, or attempt to use, anofficial position in order to gain a
122 benefit, and may not intentionally secure for, or grant toO„any person unwarranted benefits,
123 treatment, or advantage. %
124 B. A municipal officer may not:
125 1. Seek other employment or contracts through the use or or use of ,the powers of
126 official position;
127 2. Accept, receive, or solicit compensation fog' the performance of official duties or
128 responsibilities from a person other thane borough; \ \\
129 3. Use borough time, property, , equipment, or other facilities with intent to secure a
130 benefit;
131 4. Take or withhold official action in order to affect a matter; in -which the municipal officer
132 has a substantial personal or financial interest•; . 2/
133 5. Attempt to affect a personal or financial intereshthrough'coercion of a subordinate; or
134 6. Restrict, or threaten to restrict, a contr eligibility or opportunity to contract with
135 the borough solely in order to secure an unwarranted advantage for the borough or the officer.
136 C. An assembly member or member of any board or commission may not deliberate or vote
137 on any matter in which the member has a substantiabpersonal or financial interest.
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139 2.35.040 Gifts.—.
140 A. No / Onicipalofficer shall, directly or indirectly, solicit or accept any gift to the officer's
141 benefit whether in theNforrn of money, service, loan, travel, entertainment, hospitality, promise,
142 or o9hentoke under circumsta ces in which it could reasonably be inferred that the gift is intended
143 to inf u�ehgelltrre officer in the pbrformance of the officer's official duties or constitutes a reward for
144 any official'actign by the officer.
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146 2.35.050 Impro eer use or disclosure of information.
147 A. A municipaio'ficer, y not disclose or use information gained in the course of, or by
148 reason of, the officer'soff c al duties for the purpose of affecting a personal or financial interest of
149 the officer or the officer's<mmediate family member.
150 B. A municipal offrcer shall not disclose confidential information concerning the documents,
151 property, government, or affairs of the borough unless authorized or required by law to do so.
152 C. This section does not apply to information concerning programs or services available to
153 the public or to borough employees generally.
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155 2.35.060 Improper representation.
156 A. A municipal officer may not represent, advise, or assist another person in any matter
157 pending before the agency that the officer services, if the representation, advice or assistance is:
158 1. For compensation, unless the representation, advice, assistance, and compensation
159 are required by statute, regulation, or court rule; or
Kodiak Island Borough Ordinance No. FY2011 -XX
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160 2. Without compensation, but rendered to affect a personal or financial interest of the
161 municipal officer.
162 . Tho borough:; mayor or ;any: borough ascombly;mombor -shall not falcoly roprccon
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164 iscuol
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166 2.35.070 Disclosures of conflicts by municipal officers other than employees.
167 A. A municipal officer other than an employee, who is involved in a matter that may result in a
168 violation of this chapter, shall disclose the matter on the public record and ask to be excused
169 from the discussion and official action on that matter.
170 B. A municipal officer, prior to comment, deliberation or decision on matter coming before
171 the body, shall disclose any personal or financial interest in the matter including the personal or
172 financial involvement of an immediate family member.
173 C. The nature of the personal or financial interest shall b „discloed in sufficient detail to
174 permit the other members of the body to determine if the interest is It shall be the
175 duty of a municipal officer to disclose and identify suffici circumstances to permit the
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176 body to exercise its judgment in an informed manner. \\\.,
177 D. The presiding officer shall determine whethe /the municipal officer's \involvement would
178 violate this chapter. If the presiding officer determines.that a violation would exist if'the' municipal
179 officer continues to participate, the officer shall refrain fro \ votiA> deliberating, o'rpa ticipating in
180 the matter. \,./
181 E. The presiding officer's decision may be overidden \by a majority vote of the body.
182 Determination of whether a personal or financial interest is substantial shall be made by the body
183 on a case -by -case basis. ' \
184 F. The body may in its sole discretion excuseeparticipation or divide the question to avoid a
185 conflict on the whole. \ \��
186 G. The body shall be the final authority whether - the personal or financial interest as
187 disclosed is substantial under-this chapter. [Clerk.s.note: This section covers the provisions in AS
188 29.20.010.] V
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190 2.35.080 Actions voidable.
191 A. In addition to any penalty provided by taw, a borough grant, contract, or lease
192 entered into in violation of this`chapter is`voidable' the borough. In a determination under this
193 section of whether to void a grant; contractor lease, the interests of third parties who could be
194 damagedimay be taken into acco nt. The borough attorney shall give notice of intent to void a
195 borough giant, contractor lease underthis section no later than 30 days after a determination of
196 a violation under this chapter.
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198 2.35.090 Criminal sanctions additional.
199 To the exient`that violations under this chapter are punishable in a criminal action, the
200 criminal penalty is in addition,to the civil remedies set out in this chapter.
201 a \/
202 2.35.100 Definitions.
203 The following words, terms and phrases, when used in this chapter, shall have the following
204 meanings ascribed to them, except where the context clearly indicates a different meaning:
205 "Agency” means the body, a department, the borough manager's office, or other entity in or
206 of the government of the borough, including the school district, and all boards and commissions.
207 "Benefit" means anything that is to a person's personal or financial interest.
208 "Board, body, or commission" means a board, commission, committee, council, task force, or
209 other body or sub - committee thereof, created by charter or the Kodiak Island Borough Code, or
210 by the body, the mayor or the borough manager. The school board, elected by the public, is not
211 a "board" of the borough body for purposes of this title.
212 "Borough" means the Kodiak Island Borough.
Kodiak Island Borough Ordinance No. FY2011 -)0(
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"Business" means a corporation, company, firm, partnership, sole proprietorship, trust or
foundation, or any other individual or entity carrying on a business, whether operated for profit or
not for profit.
"Child" means a biological child, an adopted child, a stepchild, or a dependent child.
"Compensation" means any money, thing of value, or economic benefit conferred on or
received by a person in return for services rendered or to be rendered by the person for another.
"Financial interest" means any intoroct, othor than socuritios tradod on a national oxchango,
An interest held by a person or entity subject to
this chapter or an immediate family member, which includes an involvement or ownership of an
interest in a business including a property ownership, or a professiohaf or, private relationship,
that is a source of income, or from which, or as a result of which; a person has received or
ex.ects to receive anything of value; or 7/\ \
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This definition, however, shall be interpreted and/applied
'in a manner \that distinguishes
between minor and insubstantial conflicts that are unavoidable in a free\society and those
conflicts of interest that are substantial and material:. Specifically, a public official -shall not be
disqualified from participation in matters in which'the■public official
Has a financial interest that is possessed generally by the public or a large class of
persons to which the public official belongs;
2. Has an interest because it involves co'mperisation and benefits for the performance of
public official duties. (This wording came from the Fairbanks North Star Borough)
"Gain" means actual or anticipated gain, benefit {profit, or
"Immediate family member" means a municipal officer's spouse, minor children and
dependents, a regulanmember of \ the officer's household, or parent.
"Official action "4neans a recommendation, decision, approval, disapproval, vote, or other
similar action, including inaction, Wa- municipal officer.
"Organization' =means a group ; asso iJ tion society, political party, or other entity made up of
two or moreper whether operated for rofit or not for profit.
"Parent" means a biological\parent, an adoptive parent, or a stepparent of the municipal
officer C \\ \Nj
' Personkmeans a natural person, a ,business, or an organization.
"Personal`mterest means )an interest other than a financial interest, where the' erson is
theibody,�on,behalftof.anotther individualfor or anization anc
s clearly apadyopateifor a r „equestedract ontfowthatlindividuaLoraorganization and - includes -any
material advantago din, tho form of a promiso, sorvico, privilogo, oxomption, patronago, or
any porcon, othor thallany not for profit organization, if tho officor owos a fiduciary duty to that
person
intorost.)
"Public employee” and "employee" mean a permanent, probationary, seasonal, temporary, or
provisional employee of the borough..
"Municipal officer" and "officer" mean:
"Municipal officer" and "officer" mean:
1. Mayor;
Kodiak Island Borough
Ordinance No. FY2011 -XX
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266 2. An assembly member;
267 3. A member or member - designate of a board or commission;
268 4. Manager, administrative official, clerk, or attorney; and
269 5. A municipal employee.
270 "Municipal officer other than an employee" means:
271 1. Mayor;
272 2. An assembly member;
273 3. A member or member - designate of a board or commission; and
274 4. Manager, administrative official, clerk, or attorney.
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283 ATTEST:
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287 Nova M. Javier, MMC, Borough Clerk
ADOPTED BY THE BODY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF / /2010y
KODIAK ISLAND BOROUGH
Jerome M. Selby \Borough Mayor
Kodiak Island Borough Ordinance No. FY2011 -XX
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