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HomeMy WebLinkAboutOrd2021-004 Sponsored by: Mayor Terry& Council Member Osenga Introduction Date: March 8, 2021 Public Hearing Date: March 22, 2021 Enactment Date: March 22, 2021 CITY OF SEWARD, ALASKA ORDINANCE 2021-004 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 Chapter 2.01.020—Conflict of Interest is hereby amended to read as follows: (Deletions are ; Additions are italicized, underlined, and bolded.) 2.01.020 - Conflict of interest. (a) , For the purposes of public disclosures required by this section, "municipal officers" shall include the mayor, council members, the city manager, and Seward planning and zoning commissioners, . These municipal officers shall be CITY OF SEWARD, ALASKA ORDINANCE 2021-004 required to complete the financial disclosure statement form, as prescribed and approved by resolution by the City Council, when initially applying for a vacant elected or appointed position, and annually thereafter so long as they hold the position.A city manager shall file the disclosure statement within thirty (30) days after the first day of employment. . (b) Code of ethics for municipal officers 1. For purposes of this section "city municipal officers"shall include the mayor, council members, city manager, city clerk, city attorney, and Seward planning and zoning commissioners. 2. City municipal officers, while acting in such capacity, shall not knowingly make false statements to influence official action. 3. 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 council member or in which the council member holds an interest, or for the purpose of influencing any matter in which the council member has a substantial financial interest. 4. City municipal officers shall not use the implied authority of office or position for the purposes of unduly influencing the decisions of others or promoting a substantial personal interest within the community except when discussing in a public meeting a matter before the body. Municipal officers shall refrain from using their title except when duly representing the city 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. S. 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, commission or 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. 6. 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 authorized or required by law to do so. 7. City municipal officers may not engage in business or accept employment with, or serve as a state elected or appointed official or render services for persons where that activity, office, or position is incompatible with the proper discharge of the municipal officer's Big CITY OF SEWARD, ALASKA ORDINANCE 2021-004 duties or would tend to impair the municipal officer's independence of judgment in performing their duties. 8. 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. 9. 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. 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. 10. 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. 11. 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 a political campaign or other political activity during an official meeting. 12. City municipal officers may not place 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. 13. 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 CITY OF SEWARD, ALASKA ORDINANCE 2021-004 administration may adopt written policies setting forth additional standards and 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 council member is communication. Council members 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. Official correspondence may be requested from council by citizens, businesses, or other public agencies; the mayor shall have the authority to transmit the city's position on policy matters to outside agencies on behalf of council, upon informing council of the request and receiving no objection thereto. City letterhead is available for this purpose and shall be coordinated through the city clerk and or city manager to ensure appropriate retention. Council members who wish to prepare letters of recommendation for students or others seeking employment or appointment may do so and may use their council title, clearly indicating that they are speaking on their own behalf and not for council as a whole. 17. The City Council delegates to the City Manager the responsibility to discuss with any Council member, on behalf of the full Council, any perceived or inappropriate interference or encroachment of administrative services. The City Manager will discuss with the Council member 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 Chapter 2.10.035 —Voting—Sequence,procedure, conflicts of interest is hereby amended to read as follows: (Deletions are ; Additions are italicized, underlined, and bolded.) 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." (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 CITY OF SEWARD, ALASKA ORDINANCE 2021-004 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 22nd of March, 2021. THE TY F S WARD, ALASKA C sty Terry ayor AYES: Seese, Casagranda, Baclaan, DeMoss, McClure, Osenga, Terr NOES: None ABSENT: None ABSTAIN: None ATTEST: hrgt renda J. 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