HomeMy WebLinkAbout02222021 City Council Work Session Laydown - Terry - Code of Ethics� r
Sponsored by: Mayor Terry & Council Member Osenga
Introduction Date: , 2021
Public Hearing Date: , 2021
Enactment Date: , 2021
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ESTABLISHING A CODE OF ETHICS FOR MUNICIPAL
OFFICERS, DEFINING A PROCEDURE FOR A CITY MANAGER
CONFLICT OF INTEREST, AND QUANTIFYING THE TERM
"SUBSTANTIAL FINANCIAL INTEREST"
WHEREAS, the proper functioning of democratic government requires ethical behavior
by public officials; and
WHEREAS, the Seward City Council desires to hold themselves and the City's other
municipal officers to the highest standards of conduct possible; and
WHEREAS, ethics involves the commitment to take individual responsibility in creating
a government that has the trust and respect of its citizens; and
WHEREAS, the purpose of this ordinance is to set reasonable standards of conduct for
City municipal officers, including the City Manager, so that the public may be assured that its trust
in such persons is well placed, and that the City officials and the City Manager themselves are
aware of the standards of conduct demanded; and
WHEREAS, it is not the intent of this ordinance to set unreasonable barriers that will serve
only to deter aspirants from public service.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code 2.01.020 is hereby amended as follows:
(Deletions = Bold ; Additions = Bold Italics.)
2.01.020 — Conflict of interest
(a) Municipal officers of the city shall comply with the provisions of AS 39.50. For purposes of
public disclosures required by this section, "municipal officers" shall include the mayor,
councilmembers, the city manager, and Seward planning and zoning commissioners
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
(b) Applicants for the appointive positions listed above and applicants for vacant council seats
to be filled by the city council shall file a current conflict of interest statement with their
completed application forms or letters of interest.
(c) Code of ethics for municipal officers
L City municipal officers, while acting in such capacity, shall not knowingly make false statements
to influence official action. For purposes of this section "city municipal officers" shall include
the mayor, councilmembers, the city manager, city clerk, city attorney, and Seward planning and
zoning commissioners. City municipal officers shall not seek office or position or use their
office or position for the purpose of obtaining anything of value for the official, an
immediate family member, or a business owned by the, councilmember or in which the
councilmember holds an interest, or for the purpose of influencing any matter in which
the councilmember has a substantial financial interest:
2. City municipal officers shall not use the implied authorrty`of office or position for the
purposes of unduly influencing the decisions of others or promoting a substantial
personal interest within the community e.'cept when discussing in' a. public meeting a
matter before the body. Municipal officers shall refrain from using their title except
when duly representing the. cr%y in an authorized capacity. Unless expressly authorized
to represent an official position of the city or a body of the city, municipal officers shall
refrain from implying their individual representation is that of the City of Seward by the
use of their title.
3. City municipal officers shall not, for compensation, represent or assist those
representing private business or personal interests before the city council,
administration, or any borough board, commissioneor agency. Nothing herein shall
prevent a municipal officer from making verbal or written inquiries on behalf of
constituents or the general public to members of the city council or from requesting
explanations or- additional information on" Behalf of such constituents. No municipal
officer may solicit or accept a benefit or; anything of value from any person for having
performed this service.
4. City municipal officers may not,disclose information they know to be confidential
concerning employees of the City; City property, City government, or other City affairs,
including but not limited.. to confidential information disclosed during an executive
session, unless authori#'or required by law to do so.
S. City municipal �qff;cers may not engage in business or accept employment with, or serve
as a state elected' r0x appointed official or render services for persons where that activity,
office, or position is -'incompatible with the proper discharge of the municipal officer's
duties or would tend to impair the municipal officer's independence of judgment in
performing their duties.
b. For one year after leaving office, City municipal officers shall not hold any compensated
city office or employment that was created, or the salary or benefits of which were
specially increased, in a vote by the council during the last year the member was in office.
7. City municipal officers shall not accept a gratuity from any person engaging in business
with the council or having a substantial financial interest in a decision pending with the
CITY OF SEWARD, ALASKA
ORDINANCE 2021.-XXX
City. No municipal officer shall give a gratuity to another municipal officer for the
purpose of influencing that person's opinion, judgment, action, decision, or exercise of
discretion as a council member. This subsection does not prohibit accepting.
a. A meal of reasonable value;
b. Discounts or prizes that are generally available to the public or large sections
thereof,•
c. Gifts presented by an employer to its employees in recognition of meritorious
service, or civic or public awards;
d. A lawful campaign contribution made to a candidate for public office;
e. An occasional gift of insignificant value,
f. Any gift which would have been offered or given to the officer even if the officer
were not a municipal officer.
8. City municipal officers may not use, request or permit the use of city vehicles, equipment,
materials or property for any non -city purpose, including but not limited to private
financial gain, unless that use is available to the general public on the same terms or
unless specifically authorized by the council, This subsection does not prohibit de
minimis personal use.
9. An employed municipal officer may not take an active part in a non -city sanctioned
political campaign or other political activity when on duty. Nothing herein shall be
construed as preventing such municipal officers from exercising their voting franchise,
contributing to a campaign or candidate of their choice, or expressing their political
views when not conspicuously representing the city. Similarly, any municipal officer may
not take an active part in apolitical campaign or other political activity during an official
meeting.
10. City municipal officers must dress in business casual attire at council meetings Business
casual is defined as- relating to or denoting a style of clothing that is less formal than
traditional business wear, but is still intended to give a professional and businesslike
impression.
11. City municipal officers may notplace items on the dais in such a manner as to outwardly
display to the public anything of an ideological nature. Ideological is defined as- Based
on or relating to a system of ideas and ideals, especially concerning economic or political
theory and policy.
12. City municipal officers may not attempt to influence another municipal officer's vote or
position on a particular item through contact with the municipal officer's employer or
by threatening financial harm to another municipal officer.
14. A city manager who has or may have a substantial personal or substantial financial
interest in an official action shall disclose the facts concerning those interests to the city
council prior to taking the official action. If the council determines the manager has a
substantial personal or substantial financial interest in the action, the council shall
excuse the manager and assign another city employee to the matter. The city
administration may adopt written policies setting forth additional standards and
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
requirements for excusing the manager and assigning another city employee to the
matter. Such written policies will be approved by the city council.
15. Perhaps the most fundamental role of a Councilynember is communication.
Councilmembers will communicate with the public to assess community opinions and
needs, and to share the vision and goals of the City with constituents, and will also
communicate with staff to provide policy direction: and to gain an understanding of the
implications of various policy alternatives.
16. Members of the City Council will often be called upon to write letters to citizens,
businesses, or other public agencies. Typically, the Mayor will be charged with
transmitting the City `s position on policy matters to outside agencies on behalf of the
City Council. Individual members of Council will often prepare letters far constituents
in response to inquiries, or to provide requested information. City letterhead is available
for this purpose and can SHOULD be coordinated through the city clerk and or city
manager to ensure appropriate retention. Oil occasion, members may ►vish to
correspond oil an issue on which the Council has yet to take a position, or about an issue
for which the Council has no position. to these circumstances, members should clearly
indicate that they are not Speaking for the City Council as a whole, but.for themselves
as one member of Council. City letterhead and office support may be utilized in these
circumstances in collaboration with the city clerk and or city manager. City letterhead
should be reserved for official city business only, and not for personal use. Councilmembers
may occasionally be asked to prepare letters of recommendation for students or others
seeking employment or appointment. It is appropriate for Councilmembers to utilize City
letterhead and their Council titles for such letters and this SHOULD be coordinated
through the city clerk and or city manager to ensure appropriate retention.
17. The City Council delegates to the City Manager the responsibility to discuss with any
Councilrnember, on behalf of the full Council, any perceived or inappropriate
interference or encroachment of administrative services The City Manager will discuss
with the Councilmember the action and suggest a more appropriate process or procedure
to follow. After this discussion, if inappropriate action continues, the City Manager will
report the concern to the full Council.
Section 2. Seward City Code 2.01.035 is hereby amended as follows:
(Deletions = Bold StAkethre ts; Additions = Bold Italics.)
Seward City Code 2.10.035 — Voting — Sequence, procedure, conflicts of interest
(a) The voting sequence of the council shall be alternated for each meeting by the city clerk.
(b) Any vote of the council may be by voice vote upon demand of any member, either prior
or subsequent to any vote. Such vote shall be by roll call. Each member shall answer by
the word "yes" or "no."
CITY OF SEWARD, ALASKA
ORDINANCE 2021-XXX
(c) No member of the council may discuss or vote on any question in which the member
has a direct or indirect substantial financial interest. Direct or indirect substantial
financial interest shall be disclosed to the presiding officer prior to the beginning of
debate on the question for a ruling on a request from the member with the substantial
financial interest to be excused from the discussion and vote. The decision of the
presiding officer on a request by a member of the city council to be excused from
discussion and a vote may be overridden by the majority vote of the council. If there are
not at least four council members in attendance who are qualified to vote, the matter
shall be tabled until the next regular or special meeting at which four council members
qualified to vote on the matter are in attendance.
(d) A municipal employee or official, other than a member of the city council, may not
participate in an official action in which the employee or official has a substantial
financial interest.
(e) "Substantial financial interest" means a financial interest that would result in a
pecuniary gain or loss exceeding $1,000 in a single transaction or more than $5,000
in the aggregate in 12 consecutive months.
Section 3. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this
day of 2021.
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda J. Ballou, MMC