HomeMy WebLinkAboutNon CodeOrd2008-005Sponsored by: City Clerk
Introduction Date: March 24, 2008
Public Hearing Date: April 14, 2008
Postponed: Apri128, 2008
Enactment Date: Apri128, 2008
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2008-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, SUBMITTING A PROPOSITION TO THE QUALIFIED
VOTERS AT THE OCTOBER 7, 2008 REGULAR MUNICIPAL
ELECTION TO EXEMPT CITY OF SEWARD MUNICIPAL ELECTED
AND APPOINTED OFFICIALS FROM THE REQUIREMENTS OF
CHAPTER 39.50 OF THE ALASKA STATUTES, (STATE OF ALASKA
PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW) RELATING TO
DISCLOSURE STATEMENTS AND CONFLICTS OF INTEREST, AND
ESTABLISHING LOCAL GUIDELINES
WHEREAS, the Alaska Legislature has statutory provisions relating to the disclosure
and reporting of financial and business interests of public officials, which includes municipal
elected and appointed officials; and
WHEREAS, the new requirements have become too intrusive and unreasonable, which
has created a hardship for keeping and recruiting municipal elected and appointed officials in our
community; and
r"' 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
WHEREAS, the City Council desires to establish adequate local provisions relating to
disclosure of business and financial interests and conflicts of interest; and
WHEREAS, local provisions can be enacted by ordinance 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 will 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
WHEREAS, the City council wishes this issue be placed on the ballot, in substantial
form as shown below, for voter approval at the October 7, 2008 municipal election.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD
ORDAINS that:
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2008-005
Section I. Municipal officers of the City of Seward, Alaska shall be exempt from AS
39.50, State of Alaska Public Official Financial Disclosure Law, if approved by the voters.
Section 2. The City Clerk is hereby directed to submit Proposition No. 1 to the qualified
voters at the October 7, 2008 regular municipal election in substantially the following form:
PROPOSITION NO. 1
EXEMPTING MUNICIPAL OFFICIALS FROM THE REQUIREMENT OF THE
STATE FINANCIAL DISCLOSURE LAWS, AND ESTABLISH OWN FORM AND
GUIDELINES
Shall the City of Seward exempt its municipal officers from the State Financial Disclosure Laws,
(AS 39.50), and adopt a form of its own to reflect locally adopted guidelines related to financial
disclosure and conflicts of interest?
YES No
A "YES" vote would exempt City of Seward elected and appointed officials from the
requirements of chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial
Disclosure Law) relating to disclosure statements and conflicts of interest, and requires
establishment of local guidelines.
A "NO" vote would continue to require City of Seward elected and appointed officials follow
Chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial Disclosure Law),
relating to disclosure statements and conflicts of interest.
Section 3. Proposition 1 shall be published in the same manner as the notice of the October 7,
2008 municipal election.
Section 4. Proposition 1 shall become effective upon its approval by a majority of the qualified
voters at the October 7, 2008 municipal election, as provided in Section 14.7 of the Charter of
the City of Seward.
Section 5. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28`"
day of April 2008.
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2008-005
THE CITY OF SEWARD, ALASKA
Clark Corbridge, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
Bardarson, Valdatta, Kellar, Dunham, Amberg, Corbridge
None
Smith
None
Je n Lewis I ~~}.~~.
C y Clerk ~-~
(City Seal) .••;~ OF SE,~;r,'•.,
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Council Agenda Statement
Meeting Date: March 24, 2008
To: Mayor Corbridge, City Council
From: Jean Lewis, City Clerk V
~~~~
Agenda Item: APOC Financial Di los~ue Form Ballot
Proposition
BACKGROUND & JUSTIFICATION:
Since APOC financial disclosure form requirements were recently amended, the city has fielded
numerous complaints from elected officials, board and commission members, and `would be' public
candidates, that the new requirements are too intrusive, would be posted on the Internet, contain too
much vital information that promotes identity theft, and gives unfair competitive advantages for
candidates' businesses. A business owner informing potential clients that they have to disclose their
personal information on the APOC financial disclosure forms, could discourage that client from
doing business with that owner, just because they have volunteered to be on the city council or
boards and commissions. The City of Seward has seen one resignation from the Seward Planning &
Zoning Commission, with more threatening to follow. Two potential candidates have declined
volunteering after seeing these forms.
The new forms require a potential elected or appointed official to now list all funds received over
$1000. Every member also must fill out "exit" applications. There has been talk this information
will be posted on the Internet in 2009.
These new requirements have created a hardship for our town to appoint good qualified volunteers
for our council and boards and commissions. AS 39.50,145 states;
"A municipality may exempt its municipal officers from the
requirements of this chapter if a majority of the voters voting on the
question at a regular election, as defined by AS 29.71.800(20), or a
special municipality-wide election, vote to exempt its municipal officers
from the requirements of this chapter. The question of exemption from
the requirements of this chapter maybe submitted by the city councilor
borough assembly by ordinance orb initiative election"
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The Alaska Municipal League (AML) passed resolution 2008-15 on November 9, 2007,
which asked the state legislature to address these amendments, based on the fact elected and
appointed bodies were having difficulties finding candidates, and that the financial reporting
requirements were compounding that problem ~ ~ ~. Ina 3/12108 phone conversation
with Kathie Wasserman, Director of AML, she stated she had spoke with State Legislators,
APOC board members and the Attorney General, but none of them were willing to relax
these rules because of the current political atmosphere within the state. Wasserman was
positive nothing would be done this legislative session, and urged people to contact their
legislators about this problem.
G
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Around half of Alaska's 200+ communities have already voted to be exempt from state
disclosure requirements. Tlus list is also ~ ~~~ '
In polling other city clerks recently, we have found;
per a Feb 19 council meeting, Delta is having an ordinance drafted to exempt them from the
requirements because of the intrusiveness of the forms.
Sitka is not pleased with the new requirements, and would be putting an exemption to the
voters this fall.
Both Wasilla and Ketchikan Gateway Borough clerks were not sure this would pass in their
communities because of the recent climate of impropriety with Juneau lawmakers.
Kodiak had opted out years ago (1976), and I have ~ ~ a copy of their financial
disclosure form that they require for public viewing.
- The city clerk in Juneau had contacted Brooke Miles with APOC on this very question, and
below was the response back;
To clarify the concern regarding the posting of municipal financial disclosure statements online, I believe that
the legislation passed last year (HB 109 -and I'm looking it up as I type this) that only municipalities with a
population of more than 5,000 will be required to file online. It will be the online filing that creates the database
for online viewing. This section of the law takes effect January 1, 2009. As you are most likely aware, we do
not have the technology for receiving electronically filed statements this year, but it will be ready in time for the
2009 annual statement and the 2009 October elections. I have heard concerns from many municipalities are
considering placing on the October 8, 2008 election ballots the proposal to opt out of financial disclosure filing
under AS 39.50 (which is permitted in accordance with AS 30.50.145) and enacting, by ordinance, their own
financial disclosure requirements based on the state law before the HB 109 amendments. One of the issues
that remains to be resolved is the matter of the records custodian. Under AS 39.50.020(b), municipal clerks
are the custodian for the municipal filings (as you are well aware). I'm uncertain of how this relates to
electronic filing. I intend to ask the department of law for guidance on this issue, and we shall do our diligent
best to keep municipal clerks on top of these discussions.
Although it has been rumored and spoke of above, of having these forms available on the internet,
but only to city's with populations of 5000 or less, this could not be substantiated by press time.
In your discussion, you may decide to opt out and put this on the ballot for October. If so, you may
also decide what the city's requirements for disclosure should be to prevent conflicts of interest, to
help assure the integrity of the decision-making process, and to assist holding our public officials
accountable. If approved by the voters, a local disclosure form like Kodiak's could be instihtted later
to provide adequate safeguards for the public.
Other places for information and research:
www.apoc.alaska.aov
Find bills at BASIS www.leeis.state ak us/basis start asp
Comprehensive Ethics Act went into law July 9, 2007, HB 109
Alaska Statutes (AS) 39.50
Legislative Financial Disclosure AS 24.60.200
Campaign Financial Disclosure AS 15.13
Lobbying Financial Disclosure AS 24.45
V
INTENT: To put this issue to voters in October so the City can continue to elect and appoint
municipal officials, while still protecting the public from the influence of wldisclosed private or
business interests, but establish our own guidelines that are not as intrusive as the state requirements
of AS 39.50.
CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures.
Other:
FISCAL NOTE:
Possibility of city funds expended by a later ordinance if the city decided to "lobby" for this change.
Approved by Finance Depamnent: -+~~~~-~ ,Q'
RECOMMENDATION:
Approve Non-Code Ordinance 2008-005, submitting a proposition to the qualified voters at the
October 7, 2008 regular municipal election to exempt City of Seward elected and appointed officials
from the requirements of Chapter 39.50 of the Alaska Statutes, and establish own guidelines for
financial disclosure.
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