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HomeMy WebLinkAboutNon CodeOrd2008-015Sponsored by: Oates Introduction: May 27, 2008 Public Hearing: June 9, 2008 Enactment: June 9, 2008 CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2008-015 A NON-CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS TO MAKE EXPENDITURES WHICH COULD INFLUENCE THE OUTCOME OF AN ELECTION CONCERNING A BALLOT PROPOSITION ADDRESSING A BIENNIAL BUDGET IN AN AMOUNT NOT TO EXCEED $1,500 WHEREAS, the City of Seward currently operates under an annual budget cycle, and during 2006 and 2008 budget discussions, the City Council expressed an interest in moving to a biennial budget process in order to provide more opportunity to focus on longer-term strategic and financial planning projects, since the annual budget process leaves little time for addressing enterprise fund rates and charges, capital budgets, and General Fund fees, as required by the Seward City Code; and WHEREAS, migration from an annual to a biennial budget requires that the Charter be changed, thereby requiring a vote by the citizens of Seward, and at its meeting of March 24, 2008, ~.. the Seward City Council passed Resolution 2008-025, placing a proposition on the October 7, 2008 ballot, asking voters to vote on whether to accept a biennial rather than annual budget; and WHEREAS, the Seward city voters voted on this same issue at the October 3, 2006 election, opposing the move to a biennial budget by approximately two-to-one, and at that time, there was no effort to educate the public about the potential pros and cons of a biennial budget process; and WHEREAS, in order to educate the public in accordance with the provisions of 2AAC 50.360(b), the City Council must appropriate funds since the education process may influence the outcome of an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby appropriates and authorizes expenditures in the amount not to exceed $1,500 for the purposes of educating the public about the pros and cons of a biennial budget process, with the potential to influence the outcome of the election, with particular emphasis on the time and cost savings associated with a biennial, rather than annual budget. Section 2. The City Council further directs and authorizes the city manager and other City officers, officials, and employees, as may be appropriate, to register and to complete and file all ,~ necessary reports, forms, and notices relating to election-related expenditures under AS 15.13, or as may otherwise be required by law. CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2008-015 Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED by the City Council of the City of Seward, Alaska, this 9th day of June, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: Bardarson, Amberg, Kellar, Corbridge NOES: None ABSENT: Valdatta, Smith, Dunham ABSTAIN: None ATTEST: -, 1 J an Lewis' Ctity Clerk fir` ~•~~~M~~~~~~~~~~i (City Seal) ~.`~~,'~~A~=~~°~~'~'a,~~ ~••. ~ ~~ • qrF o~ a~,~.~` COUNCIL AGENDA STATEMENT Meeting Date: May 27, 2008 From: Phillip Oates, City Manager.~~~ RE: APOC Registration to Lobby in favor of Biennial Budget BACKGROUND & JUSTIFICATION: At its meeting of March 24, 2008, the Seward City Council passed Resolution 2008-025, which will place a proposition on the October 7, 2008 ballot, asking voters whether they support a biennial, rather than annual, budget. In anticipation of the election, the administration is preparing materials to identify the pros and cons of a biennial budget process, and expects to disseminate this information to the public, as well as to meet with various local groups to explain the reason that this issue is coming before the voters. The City is allowed to prepare and distribution election materials which reflect solely a neutral position on the issue, with regard to the voters approving or disapproving the proposition. Under AS 15.13.150, the City may engage in certain educational election-related communications and activities, to include: 1) publishing the date and location of the election; 2) educating students about voting and elections; 3) sponsoring open candidate debate forums; 4) participation in voter registration drives aimed at increasing voter participation in elections, so long as such information does not favor a particular candidate, political party, or political position; and 5) disseminating the views of all candidates running for a particular office. However, under AS 15.13.145, a municipality may not use money to influence the outcome of an election concerning a ballot proposition or question, unless the funds have been specifically appropriated for that purpose by the elected body. According to the Alaska Public Offices Commission ("APOC") regulations, "any communications which are paid for by a municipality and which are related to an election are considered to be intended to influence an election unless they are only notices of the election or unless they are required by statute, charter, or ordinance. 2AAC 50.360(b). Expenditures related to the outcome of an election must be reported on appropriate forms to the APOC. Consideration of a biennial budget process is one cost efficiency measure in our tool kit, and we would like the opportunity to educate and inform the public about the potential cost savings to be achieved by migrating to a biennial budget. While a biennial budget will likely save considerable staff and Council time, its broader goal is to free up time to focus on longer-term City priorities and financial planning. Any information distributed by mail will be mailed along with the utility bill, so we do not anticipate additional costs associated with postage. However, approval of an appropriation in the amount of $1,500 will provide us with some flexibility in the manner and type of information to be presented. Failure to appropriate funds for this purpose will limit the City's involvement in discussing a biennial budget, to the routine election preparation activities conducted by the City Clerk's office. A CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Funding for this appropriation is available in the 2008 Budget. N~"'~0~~ RECOMMENDATION: City Council enact ~ Ordinance 2008-015 appropriating funds for the purpose of making expenditures to influence the outcome of an election concerning a ballot proposition addressing a biennial budget.