HomeMy WebLinkAboutNon-CodeOrd2008-017Sponsored by: Oates
Introduction: August 11, 2008
Public Hearing: August 25, 2008
Enactment: August 25, 2008
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2008-017
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
EXEMPTION OF 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) IN AN AMOUNT NOT TO
EXCEED $1,500
WHEREAS, the Seward city council passed anon-code ordinance on April 28, 2008 to
submit Proposition #I [o the qualified voters at [he October 7, 2008 regular municipal election to
exempt the City of Seward municipal elected and appointed ofLcials from the State of Alaska Public
OfScial Financial Discbsurc law requirements of Chapter 39.50; and
WHEREAS, [he Seward city council passed Resolution 2008-042 on May 12, 2008 which
approved and adopted a new City of Seward Pinancial Disclosure form for all of its elected and
appointed officials to take effect immediately upon passage of Proposition #1 al the municipal
election held October 7, 2008; and
WHEREAS, 2 AAC 50.356 and 2 AAC 50.360 allow for municipalities to seek budgeted
municipal funds to influence the outcome of an election and require registering and reporting under
AS 14.13.040 and A$ ] 5.13.050; 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 [he
outcome of an election; and
WHEREAS, under AS15.13.145, 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.
NOW, THEREFORE, BE IT RESOLVED BY TAE CITY COUNCIL OF THE CITY
OF SE WARD, ALASKA [hat:
Section 1. The Ci[y Council hereby appropriates and suthorizes expenditures in the amount
not to exceed $1,500 from city clerk election account number 101-1130-5720 and city council
account number 101-1110-5730 for the purposes of educating the public about the pros and cons of
exempting out ofthe StateofAlaska Public Official Financial Disclosure Law, with the potential to
influence the outcome of the election.
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2008-017
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.
Section 3. This ordinance shall take effect ten (10) days following enactment.
2008.
ENACTED by the City Council of the Ciry of Seward, Alaska, this 28th day of August,
THE CITY OF SEWARD, ALASKA
~ n ~
Clark Cor/bridge, Mayor
AYES: Dunham, Valdatta, Bardazson, Amberg, Smith, Kellar, Corbridge
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~~... Nppuuq~
~:. ~ ax_. Y~•..... ~1(,`r~ ~I O•••t pF.SE1~%
Jean Lewis ~ ,;•4\~. +'RPOR~`~gT
~ity Clerk a 3 _
y • ~ s~:~~
(City Seal) ~ -e--
OF
Council Agenda Statement
Meeting Date: Angust 11, 2008
To: Mayor Corbridge, City Council Members
From: Jean Lewis, City Clerl~
Agenda Item: Expend funds to influence outcome of an election
RE: APOC reporting requirements
BACKGROUND & JUSTIFICATION:
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.
Elected and appointed officials arc defined as the city manager, candidates and seated Mayor and
City Council members and Seward Planning&Zoning Commissioners. Those statutory provisions
are applicable unless a majority of qualified voters at a general election, vote to exempt from the
requirements of those statutory provisions.
By approval of non-code Ordinance 2008-005 on April 28, 2008 and Resolution 2008-042 on May
12, 2008, the city council has voted that it wishes to exempt out of the requirements ofAS 39.50; the
State of Alaska Public Official Financial Disclosure Law and adopt its own set of financial
disclosure and conflict of interest laws, thus turning the question over to the qualified voters of the
community.
Any disseminated information distributed on [his matter could be seen as an intention to influence
the outcome of an election. The City is allowed to prepare and distribute neutral materials to educate
the public on the proposition before them. However, under AS 15.13.145, a municipality may not
use money to influence the outcome of an election unless the funds have been specifically
appropriated for that purpose by the elected body.
Since dissemination and postage would cost money, and the Ci[y may wish to educate the public on
this matter, this non-code ordinance is needed to use budgeted municipal funds and follow the
reporting requirements as stated in 2 AAC 50360 and AS 15.13.140-155.
INTENT:
To expend public funds for non-partisan ballot summary issues related to Proposition fl] which
exempts the City of Seward elected and appointed officials from the State of Alaska Public Official
Disctosure Law and could influence the outcome of the election.
CONSISTENCY CHECKLIST: Where applicablq this 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: s
The amount of $L,500 is an estimate.
Funding for this appropriation is available between the city council promotion and election budget.
Approved by Finance Department: JVt~~G/tL
RECOMMENDATION:
City Council introduce and enact Non-Code Ordinance 2008-017 appropriating fiords for the purpose
of possible expenditures to educate the public which could influence the outcome of an election
concerning ballot proposition #1, which exempts the City of Seward from the State ofAlaska Public
Officials Disclosure Law and adopts its own form and guidelines upon passage.