1988-23 Adopting a Local Financial Disclosure and Placing the Question of Exemption from the State Financial Disclosure LawBy:
Ken Gregg
Drafted by:
Borough Clerk
Introduced:
07/21/88
Amended:
08/18/88
Adopted:
08/18/88
KODIAK ISLAND BOROUGH
ORDINANCE NO. 88-23-0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ADOPT
A LOCAL FINANCIAL DISCLOSURE AND CONFLICT OF INTER4 LAW
AND PLACING THE QUESTION OF EXEMPTION FROM THE'ST TE
FINANCIAL DISCLOSURE LAW (AS 39.50) ON THE �B7A la . T
WHEREAS, the Alaska Public Offices CommissiorT s not funded
sufficiently to adequately enforce the provisions of AS 39 and
WHEREAS, a conflict of interest law could more effectively
enforced locally; and �T
WHEREAS, voters are reluctant to seek elect office, particularly
for service area boards, due to the filing requirement and
WHEREAS, a local conflict of interest laar ould exempt candidates
to service area boards from filing; q
BE IT ORDAINED by the Kodiak Isla Borough Assembly that:
Section I. This ordinance is of a neral and permanent nature
and shall become a part of the Code of Or i ces.
I
Section 2. Chapter 2.18 is her by repealed and reenacted to
read:
2.
financial and
clerk, at the time of
candidacy, specifying
sources.
B. Any appointed
planning & zoning coma
borough clerk, within
sources of business inte
C. Each municipi
'l sources and business in
15 of each year that off
filing
the <
18
CTOFI
inessinterests. A. A candidate for
statement under oath with the borough
nominating petition and declaration of
date's business interests and income
yor, assembly member, school board member, or
onAr shall file a statement under oath with the
days after appointment to office, specifying
and income.
ifficer shall file a similar statement of income
fists with the borough clerk not later than April
is held.
�2.10.020 Contents 4fXstatement. A. The statement filed by a municipal
o cer or can aZ n er t is chapter shall be an accurate representation
of the financial of 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
.I of income o usiness interests are ascertainable by the officer or
-and', ote. �. liab..... .,nder 2500. household goods, and
II 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,
I dependen hildren, and nondependent children residing with the officer or
/(1) The source of all income of one hundred dollars or more
as dividends or interest;
(2) The source of all other income over one hundred dollars,
capital gains received during the preceding calendar year;
Ordinance No. 88-23-0
Paqe 1 of 3
(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 empl ee
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 eachLG� a itor and
the nature and terms of the transaction; //
(7) A list of all contracts, bids, or offers to con with the
borough during the preceding year, including those ma¢g through a
proprietorship, partnership, or corporation in which �Lf+�e' officer or
candidate or a member of their family, or a combination/of-them, hold a
controlling interest; and 42
(8) A list of each mineral, timber, oil, or oth® natural resource
lease held, or lease offer made during the precedtpg/ 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 pr ribed by the borough
clerk.
2.18.030 Modified requirements for profession! Notwithstanding other
provisions o t is c apter, me ica and psyc is c doctors, attorneys, and
psychologists are not required to disclose as so0ces of income the names of
individual patients or clients who receive pgofessional services normally
considered to be confidential. This exemp ion shall not apply to the
identity of any corporation or other busip entity having a contract with
come
the professional producing inof Ess01 or more for services to its
members or a defined group, nor t0he identity of clients receiving
services that do not fall within t e candidate's or official's field of
professional expertise.
2.18.040 Records, ublic. All st"e*,ents required to be filed by this
c apter are pu is recor s.
or failure to
any accompanying fees shall
returned and the candid
filing records of candidal
B. A candidate fail
this chapter shall forfeit
the office for which this
C. A person who
information within the til
or misleading information
a misdemeanor and upory
$100 nor more than $1, 0
e. A. If a candidate fails or refuses
[ion 2.18.010, the candidate's filing and
;ed or, if previously accepted, shall be
shall be withheld or removed from the
refusing to comply with the requirements of
the omination and shall not be seated or sworn to
per on is a candidate.
r fuses or knowingly fails to disclose required
n required in this chapter, or who provides false
knowing it to be false or misleading, is guilty of
conviction is punishable by a fine of not less than
2.18.060 Failure to /report by municipal officer. A. If the report is not
e or properly completed wrt i� nF^t
iime required by this chapter,
penalties of f10/dal accrue up to the 30th day of delinquency.
B. On the fast day, the borough clerk will request the assembly to
remove the official from office and request the borough attorney to initiate
misdemeanor pr eedings.
2.18.070 Co flicts of interest prohibited. A. A municipal officer,
appomte o ici , or emp ogee may not solicit or receive money for advice
or assista a given in the course of the officer's or employee's employment
or relatino 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
Ordinance No. 88-23-0
Page 2 of 3
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 manner 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 �hterest.
Direct or indirect financial interest shall be disclosed to the presiding
officer prior to the vote on the question, for a ruling on a request 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 marity 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 members qualified to
v to on the matte are in attendance
o r
E. A municipal employee or official, oththan member of the
er
governing body, may not participate in an official l�ion in which the
employee or official has a substantial financial interes
2.18.080 Definitions. As used in
definitions s a apply:
A. "Municipal officer" means
school board members, and members
B. "Source of income" means
paying compensation, dividends, o
services, products, or investment
derived from employment by a
corporation in which the reporting
this chapter, t1C )
the mayor, b0"rr 15gh assembly members,
of the planning 6 zoning commission.
aemp
n loyer other person or entity
r interest, d' ectly or indirectly, for
S . If tt� ncome being reported is
sole
combination of them hold a controu m
partnership, or corporation may be de,
without specifying clients or customers
normally conducted on a cash basis and/
individual customers. In all other cases
proprietorship, partnership, or corporal
income of the person whose income(10
children, or a combination of them hold/a
propr torship, partnership, or
rna spouse or children, or a
erest, that proprietorship,
ign ted as the source of income
I
f the business is one that is
y Ica IIy does not keep records of
the clients or customers of the
on shall be listed as sources of
being reported, whose spouse,
controlling interest.
Section 3. This ordinahc takes effect upon passage by a
majority oil-t-o>�lectors qualified" d voting on the following question at
the regular election to be held on a tober 4, 1988.
"Shall Ordinance No. !6 3-O which enacts financial disclosure
requirements for borou fficaIs and candidates (excluding service
area boards) for boroLf ffice, and exempts officials and candidates
for office from state fin;p al disclosure be approved?"
PASSED AND APPiz,61v0 THIS 18th DAY OF August, 1988.
KODIAK ISLAND BOROUGH
ATTEST:
Ordinance No. 88-23-0
Page 3 of 3