HomeMy WebLinkAboutNon-CodeOrd2012-007 Sponsored by: Hunt
Introduction: July 23, 2012
Public Hearing: August 13, 2012
Enactment: August 13, 2012
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -007
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 enacted non -code ordinance on June 25, 2012 to
submit Proposition #1 to the qualified voters at the October 2, 2012 regular municipal election to
exempt the City of Seward municipal elected and appointed officials from the State of Alaska Public
Official Financial Disclosure law requirements of Chapter 39.50; and
WHEREAS, the Seward City Council passed Resolution 2012 -042 on June 25, 2012 which
approved and adopted a new City of Seward Financial Disclosure form for all of its elected and
appointed officials to take effect immediately upon passage of Proposition #1 at the municipal
election held October 2, 2012; 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 15.13.040 and AS 15.13.050; and
WHEREAS, in order to educate the public in accordance with the provisions of 2 AAC
50.360(b), the City Council must appropriate funds since the education process may influence the
outcome of an election; and
WHEREAS, under AS 15.13.145, 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 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 from City Clerk election account number 101 - 1130 -5720 and City Council
promotion account number 101 -1110 -5730 for the purposes of educating the public about the pros
and cons of exempting out of the State of Alaska Public Official Financial Disclosure Law, with the
potential to influence the outcome of the election.
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -007
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 with the Alaska Public Offices
Commission 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.
ENACTED by the City Council of the City of Seward, Alaska, this 13 day of August, 2012.
THE CITY OF SEWARD, ALASKA
saitA
David eaward, or
AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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ohanna Kinney e � Ass ?I/ .� v
City Clerk :" f S
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(City Seal)
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Council Agenda Statement
Meeting Date: July 23, 2012 e, u 'FsFhy
To: -� �-
Mayor Seaward, City Council Members '..
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From: Johanna Kinney, City Clerk ' KP
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 are 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 2012 -006 on June 25, 2012 and Resolution 2012 -042 on June
25, 2012, the city council has voted that it wishes to exempt out of the requirements of AS 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 this 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 15.13.050 and 15.13.145, the City
may not use money to influence the outcome of an election unless the City registers with the State,
funds have been specifically appropriated for that purpose by the elected body, and the expenditures
are reported to the Alaska Public Offices Commission.
Since dissemination and postage would cost money, and the City 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 50.360 and AS 15.13.140 -155.
INTENT:
To expend public funds for non - partisan ballot summary issues related to Proposition #1 which
exempts the City of Seward elected and appointed officials from the State of Alaska Public Official
Disclosure Law and could influence the outcome of the election.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): x
O
2. Strategic Plan (document source here):
X
Other (list): City of Seward Non -Code Ordinance 2012 -006, City of
Seward Resolution 2012 -042, Cited State of Alaska Administrative
Codes and Statutes referenced in this Ordinance and Agenda Statement X
FISCAL NOTE:
The amount of $1,500 is an estimate of possible expenses.
Funding for this appropriation is available between the City Council promotion and City Clerk
election budget.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION: 0 City Council introduce and enact Non -Code Ordinance 2012 -
, appropriating funds 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 of
Alaska Public Officials Disclosure Law and adopts its own form and guidelines upon passage.
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