HomeMy WebLinkAboutRes2012-042 Sponsored by: Hunt
r. CITY OF SEWARD, ALASKA
RESOLUTION 2012 -042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ESTABLISHING LOCAL FINANCIAL DISCLOSURE
GUIDELINES FOR APPOINTED AND ELECTED OFFICIALS AND
APPROVING THE CITY OF SEWARD FINANCIAL DISCLOSURE
FORM UPON VOTER APPROVAL AND PASSAGE OF PROPOSITION
#1 AT THE OCTOBER 2, 2012 MUNICIPAL ELECTION
WHEREAS, the Alaska Legislature has statutory provisions in AS 39.50 relating to the
disclosure and reporting of financial and business interests of public officials, which includes
municipal elected and appointed officials; and
WHEREAS, the requirements adopted in 2007 have become too intrusive and
unreasonable, which has created a hardship for keeping and recruiting municipal elected and
appointed officials in our community; and
WHEREAS, appointed and elected officials will be defined as: the City Manager,
candidates and seated Mayor and City Council members and Seward Planning & Zoning
Commissioners; and
.,. WHEREAS, those statutory provisions are applicable to municipal officers unless a
majority of the voters at a general election approve an ordinance exempting its municipal officers
from the requirements of the state provisions; and
WHEREAS, the City Council believes in the public's right to know the financial and
business interests of the persons who seek and hold public office, and desires to establish
adequate local provisions relating to disclosure of business and financial interests and conflicts
of interest; and
WHEREAS, the City Council has established a financial disclosure form for Seward
which basically adopts the requirements of the State Public Officials 2007 form; and
WHEREAS, passage of the new City of Seward's financial disclosure form continues to
assure public access, accountability, and continue the public trust by requiring officials in their
official acts to disclose private or business interests; and
WHEREAS, this change would still protect the public from the influence of undisclosed
private or business interests, permit public access to information necessary to judge the
credentials and performance of those who seek and hold public office, while allowing certain
rights of privacy for our citizens seeking to hold public office, and expanding the pool of
residents available to provide public service.
CITY OF SEWARD, ALASKA
RESOLUTION 2012 -042
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The City Council approves the financial disclosure form presented at this
meeting, and adopts it as the City of Seward's financial disclosure form for appointed and elected
officials who are defined as: the City Manager, candidates and seated Mayor and City Council
members and Seward Planning and Zoning Commissioners.
Section 2. This resolution shall take effect immediately upon passage of Proposition
#1, at the Municipal election held October 2, 2012, exempting the City of Seward from the
requirements of Chapter 39.50 of the Alaska Statutes.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
25` day of June, 2012.
THE CITY OF SEWARD, ALASKA
David Seaward, 4 , yor
AYES: Valdatta, Bardarson, Shafer, Casagranda, Terry, Seaward magi
NOES: None
ABSENT: Keil
ABSTAIN: None
ATTEST:
Johanna Kinney, CMC
City Clerk
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Council Agenda Statement
Meeting Date: June 25, 2012
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From: Johanna Kinney, City Clerk q p
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Agenda Item: Adoption of City of Seward Financial Disclosure
Form
BACKGROUND & JUSTIFICATION:
The City of Seward has heard from many citizens that they would not run for public office because
of the intrusiveness of the requirements of the Alaska Public Offices Commission's ( "APOC ")
Financial Disclosure laws. Municipalities could opt out or be exempt from this law (AS 39.50) if
they receive voter approval from their communities. Research showed over half of the
municipalities around the state have already exempted themselves from these state provisions.
"Appointed and elected officials" will include: the city manager, candidates and seated Mayor and
Council positions and Seward Planning & Zoning Commissioners.
The City Council is considering adopting a non -code ordinance on the ballot for the October 2, 2012
municipal election for voter approval, exempting the City of Seward from the state requirements of
AS 39.50.
If, in accordance with Non Code Ordinance 2012 -006, the voters elect to exempt the City from AS
39.50, the City Council desires to adopt its own disclosure form that would meet the intent listed
below.
For your approval is a modified 2007 Alaska Public Offices Commission form, that basically adopts
the old form prior to the changes. The significant items are:
• Kept the 2007 APOC $5,000 limit instead of the new $1,000 limit;
• Took out all references to the APOC manual;
• Added a footer which was adopted from the new 2008 APOC forms;
• Took out where it referred to each individual year, and put the words "the preceding calendar
year" to save time and money in annual form changes;
• Changed the annual due date from March 15 of each year to April 15`
• Added records retention language; and
• Added words notifying the public this only exempted Seward from the state disclosure laws,
not the state campaign laws.
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INTENT: To establish financial disclosure guidelines that continue to protect the public from the
influence of undisclosed private and business interests, provide public access to information
necessary to judge the credentials of those seeking to hold public office, assure accountability and
continue the public trust, while still allowing for certain rights of privacy for citizens wishing to seek
public office and expanding the pool of residents available to provide public service.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here):
Strategic Plan (document source here):
2.
Page 2, "The mission of the City of Seward government is to provide
quality leadership, operate efficiently, be responsive to the desires o i
q J' P� p ff� '� y� p of .
residents, preserve and promote the unique heritage and natural setting of
the city, and further the social and economic well -being of its citizens."
Other (list):
Planning and Zoning Commission Resolution 2012 -008 (approved at their
3. June 5, 2012 meeting) x
City Council Non -Code Ordinance 2012 -006 (included in this meeting's
packet for enactment)
ATTORNEY REVIEW: Yes X No
FISCAL NOTE: No financial impact is anticipated upon passage of this resolution.
Approved by Finance Department:
RECOMMENDATION:
4Z
Approve Resolution 2012 - , adopting the City of Seward's own financial disclosure form subject to
Non Code Ordinance 2012 -006 and voter approval.
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