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HomeMy WebLinkAboutOrd1991-6524 is Ll Sponsored by: Burgess CITY OF SEWARD, ALASKA ORDINANCE NO. 652 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY,' OF SEWARD, ALASKA, CLARIFYING EXECUTIVE PRIVILEGE AND AMENDING § 2.05.030 F. OF THE SEWARD CITr.Y CODE WHEREAS, the concept of executive privilegw'has been thorough- ly debated by the City Council in the enactment of Ordinance No. 642 authorizing a restricted form of executAze privilege; and WHEREAS, in enacting Ordinance No.j i42 the City Council did not intend to create, either directLp or by implication, any restrictions on Council access to documents prepared within the city; and WHEREAS, the so-called "legislative executive privilege" historically used at the national presidential level to restrict access to documents of the executive branch by the legislative branch is not intended to/ be permitted by the enactment of Ordinance No. 642; F NOW, THEREFORE, TH&'CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: �f Section 1. A,hew subsection (3) of Subsection F. of Seward City Code § 2.05.G30 is hereby enacted to read as follows: r 3. Nothing in this subsection shall be construed to operate as a restriction on documents within the possess on of the city from review or access by city counc' members in conjunction with the performance of their'prescribed duties. no councilmember may be denied access to any document solely because of any claim of e"cutive privilege. Section 3. This ordinance shall take effect ten (10) days 711 owing its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this day of _ , 1991. -1- THE CITY OF SEWARD, ALASKA DAVID L. HILTON, MAYOR • Introduced by Burgess CITY OF SEWARD, ALASKA ORDINANCE NO. (a. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CLARIFYING EXECUTIVE PRIVILEGE AND AMENDING § 2.05.030 F. OF THE SEWARD CITY CODE WHEREAS, the concept of executive privilege has been thoroughly debated by the city council in the enactment of Ordinance 642 authorizing a restricted form of executive privilege; and WHEREAS, in enacting Ordinance 642 the city council did not intend to create, either directly or by implication, any restrictions on council access to documents prepared within the city; and WHEREAS, the so-called "legislative executive privilege" historically used at the national presidential level . to restrict access to documents of the executive branch by the legislative branch is not intended to be permitted by the enactment of Ordinance 642; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that : Section 1. A new subsection (3) of Subsection F. of SCC § 2.05.030 is enacted to read as follows: 3. Nothing in this subsection shall be construed to operate as a restriction on documents within the possession of the city from review or access by city councilmembers in conjunction with the performance of their prescribed duties. No councilmember may be denied access to any document solely because of any claim of executive privilege. Section 2. This ordinance shall take effect 10 days after enactment. C • • • ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this day of , 1991. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Linda Murphy, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA WILLIAM C. NOLL, MAYOR APPROVED AS TO FORM: PERKINS COIE, Attorneys for the City of Seward, Alaska Fred B. Arvidson City Attorney Introduced by: Introduction Date:_ Public Hearing & Enactment Date: