HomeMy WebLinkAboutRes2010-034 Sponsored by: Mayor Dunham
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, OPPOSING "AN INITIATIVE CREATING AN ALASKA ANTI-
CORRUPTION ACT," WHICH WILL BE ON THE 2010 ALASKA PRIMARY
ELECTION BALLOT
WHEREAS, there has been a move to place this initiative on ballots across the United
States; and
WHEREAS, this state -wide initiative will be on the August 24, 2010 primary election ballot;
and
WHEREAS, we believe this initiative takes away the rights of Alaska municipalities and
their ability to effectively lobby their state and/or federal representatives; and
WHEREAS, there are at least 34 municipalities and boroughs that utilize state representation
to correspond with their state government; and
WHEREAS, prohibiting local government officials and others named in the initiative, from
directly or indirectly from using, directing, permitting, receiving, or facilitating the use of tax
revenues for campaigning, lobbying, or partisan purposes would result in local government officials
being unable to weigh in on the very important issues that they are elected by their communities to
move forward; and
WHEREAS, this initiative also tramples on "First Amendment Rights" that would
specifically target organizations that advocate on and with government issues by taking away their
right to lobby and/or take positions with regards to upcoming legislation that may affect them and
their ability to operate in a manner set forth by their constituents and /or members; and
WHEREAS, according to media reports, this initiative has been instigated and funded by a
man from New York City who is behind similar initiatives in at least three to five other states; and
WHEREAS, this initiative has passed in only one of those states (Colorado) three years ago
and was just recently struck down as unconstitutional; and
WHEREAS, the term "anti- corruption" is a very misleading term used by the proponents of
the initiative, as in reality it is a basic attack on our Constitutional rights of free speech and our right
to petition our government for redress; and
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CITY OF SEWARD, ALASKA
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RESOLUTION 2010 -034
WHEREAS, the City of Seward depends on a close working relationship with the state legislature
for all its programs, projects and funding requests; and
WHEREAS, this initiative would seriously disrupt that relationship, to the detriment of all
Alaskans, and would seriously infringe upon the citizens' right to communicate with their elected
officials; and
WHEREAS, this initiative has deep underlying threads that affect business directly or
indirectly for: non - profits, local government contractors, municipalities, union organizations, school
boards, affiliates, teachers, police, firefighters, businesses with public contracts, shelters, food banks,
clubs and other public officials and employees; and
WHEREAS, Alaska's recent corruption issues did not involve the campaign finance
structure and this initiative would NOT have prohibited legislators from taking cash bribes; and
WHEREAS, contrary to what it implies, this initiative does nothing to fight corruption, but
infringes citizens' rights to partake in the government process by silencing Alaskans and taking away
their ability to take part in communications, lobbying activity, supporting or opposing legislation or ..ii
opposing or supporting a petition drive or ballot question.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council stands strongly opposed to the Initiative Creating an
Alaska Anti- Corruption Act and urges citizens to read this initiative carefully, send a strong message,
and vote NO on August 24, 2010.
Section 2. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12 day of
April, 2010.
THE CITY OF SEWARD, ALASKA
/(.) A..
c an Bardarson, Vice-Mayor "'
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r. CITY OF SEWARD, ALASKA
RESOLUTION 2010 -034
AYES: Valdatta, Smith, Keil, Shafer, Amberg, Bardarson
NOES: None
ABSENT: Dunham
ABSTAIN: None
ATTEST:
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Je n E ._
Lewis, C o,`m
City Clerk .s'� SE 1� , • e,
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Council Agenda Statement
Meeting Date: April 12, 2010
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To: Mayor Dunham, City Council Members a
From: Jean Lewis, City Clerk gtASr�P
Agenda Item: Oppose the Anti - Corruption Initiative
BACKGROUND & JUSTIFICATION:
On the Alaska Primary Ballot on August 24, 2010, will be an initiative called the "Anti- Corruption
Initiative" or referred to as the "Gag Law." This state -wide initiative came to the City's attention
through the Alaska Municipal League.
Attached is the actual initiative language and various information found from the Anchorage Press,
the Alaska Municipal League, and the Division of Elections websites. The name of the initiative is
misleading. The proposed law would have little effect or no effect on corruption of elected officials
but could seriously harm the ability of the City to seek legislative action for the people of Seward.
If the City of Seward wished to expend public funds to influence the outcome of an election, it would
first need to appropriate the money for that use via passage of a non -code ordinance. Then the city
would keep track of those expenditures and report on either form 15 -5 or 15 -6 to APOC.
Alaska Statute AS15.13.145 is the citation that states; "a municipality may not use money to
influence the outcome of an election concerning a ballot proposition unless the funds have been
specifically appropriated for that purpose by the elected body. " 2 AAC 50.356 and 2 AAC 50.360
allow for municipalities to seek budgeted municipal funds to influence the outcome of an election,
appropriate funds if the education process may influence the outcome of an election, and require
registering and reporting under AS 14.13.040 and AS 15.13.050.
INTENT: To oppose this statewide initiative.
CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward
City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures.
Other:
ATTORNEY REVIEW: Yes
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FISCAL NOTE: No funds expended at this time. Possibly later, if a non -code ordinance is
approved expending funds to influence the outcome of an election for this purpose. The city would
then be required to report expenditures as required by law.
Approved by Finance Department:
RECOMMENDATION: Show the City of Seward strongly opposes this anti - corruption initiative
and recommends citizens vote NO on August 24, 2010.
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