HomeMy WebLinkAboutOrd2012-006 Sponsored by: City Clerk
Introduction Date: June 11, 2012
Public Hearing Date: June 25, 2012
Enactment Date: June 25, 2012
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, SUBMITTING A PROPOSITION TO THE QUALIFIED
VOTERS AT THE OCTOBER 2, 2012 REGULAR MUNICIPAL
ELECTION TO ESTABLISH LOCAL FORMS AND GUIDELINES FOR
FINANCIAL DISCLOSURE FOR ELECTED AND APPOINTED
OFFICIALS AND EXEMPTING ELECTED AND APPOINTED
OFFICIALS FROM THE STATE OF ALASKA PUBLIC OFFICIAL
FINANCIAL DISCLOSURE LAW (ALASKA STATUTE 39.50)
WHEREAS, 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; and
WHEREAS, the Seward Mayor, City Council, Planning and Zoning Commission, and
the City Manager are required to file financial disclosure statements as required by the State of
Alaska AS 39.50; and
WHEREAS, in 2007, the State of Alaska amended its Public Official Financial
Disclosure Law in a manner that significantly increases the burden on local public officials, and
has created a hardship for keeping and recruiting municipal elected and appointed P P g g p officials in our
community; and
WHEREAS, with the exception of one meeting in 2009, the Planning and Zoning
Commission has not had a full commission since June of 2007 and currently has only the
minimum number of members required to hold meetings; and
WHEREAS, a substantial amendment to the form included having to report any income
over $1,000 in exact amounts and to disclose employer names and addresses, as opposed to the
original form which required reporting any income over $5,000 with no dollar amount specified
and employer names only to be listed; and
WHEREAS, the Alaska Public Official Financial Disclosure statutes (Alaska Statutes
Chapter 39.50) authorize municipalities to "opt -out" of the state law by a majority vote at a
regular or special municipal election; and many of Alaska's 100+ communities have elected to
"opt -out" of the state system; and
WHEREAS, the City Council believes it is the public's right to know the financial and
business interests of the persons who seek and hold public office; and
WHEREAS, the City Council desires to establish local forms and provisions relating to
disclosure of business and financial interests substantially similar to the forms established by the
'" Alaska Public Offices Commission prior its 2007 amendment; and
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -006
WHEREAS, this change will protect the citizens of Seward from the influence of
undisclosed private or business interests and permit public access to information necessary to
judge the credentials and performance of those who seek and hold public office, while allowing
certain rights of privacy for our citizens seeking to hold public office; and
WHEREAS, on June 5, 2012, the Seward Planning and Zoning Commission approved
Resolution 2012 -008, supporting Council bringing this issue forward to the voters at the next
regular election; and
WHEREAS, the City Council wishes this issue be placed on the ballot, in substantial
form as shown below, for voter approval at the October 2, 2012 municipal election.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD
ORDAINS that:
Section 1. Municipal Officers of the City of Seward, consisting of the Mayor, City
Council Members, Planning and Zoning Commissioners, and the City Manager shall be exempt
from Alaska Statute 39.50, State of Alaska Public Official Financial Disclosure Law, if approved
by the voters.
Section 2. Following voter approval, these municipal officers shall instead be required
to complete a financial disclosure statement form that is substantially the same to the forms
established by the Alaska Public Offices Commission prior to its 2007 amendment, as prescribed
and approved by the City Council by means of resolution.
Section 3. The City Clerk is hereby directed to submit Proposition No. 1 to the qualified
voters at the October 2, 2012 regular municipal election in substantially the following form:
PROPOSITION NO. 1
ESTABLISHING AND ADOPTING A FINANCIAL DISCLOSURE FORM AND
GUIDELINES FOR THE CITY OF SEWARD AND EXEMPTING MUNICIPAL OFFICIALS
FROM THE REQUIREMENT OF STATE FINANCIAL DISCLOSURE LAWS
Shall the City of Seward establish and adopt its own financial disclosure form and provisions for
the Mayor, City Council, Planning and Zoning Commission, and the City Manager by requiring
substantially the same information as the Alaska Public Offices Commission required prior to
2007, and be exempt from Alaska Statute 39.50, the Alaska Public Officials Financial Disclosure
Law?
YES: NO:
A "YES" vote would allow the City of Seward to create and adopt its own financial disclosure
statement form for public official disclosure using a statement substantially the same to the State
of Alaska Public Official Financial Disclosure Statement used prior to 2007 and exempt the City
of Seward from Alaska Statute 39.50 (State of Alaska Public Official Financial Disclosure Law)
reporting requirements.
CITY OF SEWARD, ALASKA
NON -CODE ORDINANCE 2012 -006
Ofto A "NO" vote would continue to require the City of Seward remain subject to Alaska Statute
39.50 (State of Alaska Public Official Financial Disclosure Law), relating to financial disclosure,
without local control.
Section 4. Proposition No. 1 shall be published in the same manner as the notice of the
October 2, 2012 municipal election.
Section 5. Proposition No. 1 shall become effective upon approval by a majority of the
qualified voters at the October 2, 2012 municipal election, as provided in Section 14.7 of the
Charter of the City of Seward.
Section 6. This ordinance shall take effect ten (10) days following enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 25` day of June, 2012.
THE CITY OF SEWARD, ALASKA
David Seawar I , 7 ayor
AYES: Valdatta, Bardarson, Shafer, Casagranda, Terry, Seaward
NOES: None
ABSENT: Keil
ABSTAIN: None
ATTEST:
J /(a 4/4
Y hanna Kinney, CMC
City Clerk 'so wo ,
F S � * *i
(City Seal) ; o s' •, • SEAL 9
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Council Agenda Statement
Meeting Date: June 11, 2012
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To: Mayor Seaward, City Council 0 '';�
From: Johanna Kinney, City Clerk q�A KP
•
Agenda Item: APOC Financial Disclosure Form Ballot
Proposition
BACKGROUND & JUSTIFICATION:
Since APOC financial disclosure form requirements were amended in 2007, the city has fielded
numerous complaints from elected officials, board and commission members, and `would be' public
candidates, that the new requirements are too intrusive, could be posted on the internet, contain too
much vital information that may promote identity theft, and gives unfair advantages to the
competitors for candidates' businesses.
A business owner informing potential clients that they have to disclose their personal information on
the APOC financial disclosure forms, could discourage that client from doing business with that
owner, just because the business owner has volunteered to be on the city council, board or
commission. The City of Seward has seen one resignation from the Seward Planning & Zoning
Commission, with more threatening to follow. With the exception of one meeting in 2009, the
Planning and Zoning Commission has not had a full commission since June of 2007 and is currently
operating under a minimum number of four commissioners. Several potential candidates have
declined volunteering after seeing these forms.
The new forms require a potential elected or appointed official to list all funds received over $1,000
in the exact dollar amount. Every member must also complete "exit" applications. Municipalities of
a certain size are required to post these statements on the internet; however, the laws currently do not
require a municipality the size of Seward to post at this time.
These new requirements have created a hardship for our town to appoint good qualified volunteers
for our council and boards and commissions. AS 39.50.145 states;
"A municipality may exempt its municipal officers from the requirements of this
chapter if a majority of the voters voting on the question at a regular election, as
defined by AS 29.71.800(20), or a special municipality -wide election, vote to
exempt its municipal officers from the requirements of this chapter. The question
of exemption from the requirements of this chapter may be submitted by the city
council or borough assembly by ordinance or by initiative election"
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• The Alaska Municipal League (AML) passed Resolution 2008 -15 on November 9, 2007,
which asked the state legislature to address these amendments, based on the fact elected and
appointed bodies were having difficulties finding candidates, and that the financial reporting
requirements were compounding that problem. In 2008, Kathie Wasserman, Director of
AML, stated she had spoken with State Legislators, APOC board members and the Attorney
General, but none of them were willing to relax these rules because of the current political
atmosphere within the state. Wasserman was positive nothing would be done this legislative
session, and urged people to contact their legislators about this problem.
• Around half of Alaska's 100+ communities have already voted to be exempt from state
disclosure requirements.
Although it has been rumored and spoke of above, of having these forms available on the internet,
but only to cities with populations of 5,000 or less, this could not be substantiated by press time.
The ordinance presented would ask the voters to opt out of the current APOC disclosure
requirements and put this question on the ballot for October, 2012. You may also decide what the
city's requirements for disclosure should be to prevent conflicts of interest, to help assure the
integrity of the decision - making process, and to assist holding our public officials accountable. If
approved by the voters, a local disclosure form could be instituted later to provide adequate
safeguards for the public, while expanding the proof of eligible Seward residents available to provide
public service.
INTENT: To receive formal direction from the City Council to put this issue to voters in October so
the City can continue to elect and appoint municipal officials, while still protecting the public from
the influence of undisclosed private or business interests, by establishing our own guidelines that are
not as intrusive as the state requirements of AS 39.50.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): X
2. Strategic Plan (document source here): X
Other (list):
3. X
• AS 39.50.145 (referenced above)
FISCAL NOTE:
Possibility of city funds could be expended by a later ordinance if the City Council desires to "lobby"
for this proposition.
Y'0
Approved by Finance Department: J
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Enact Non -Code Ordinance 2012 -006, submitting a proposition to the qualified voters at the October
2, 2012 regular municipal election to exempt City of Seward elected and appointed officials from the
requirements of Chapter 39.50 of the Alaska Statutes, and establish own guidelines for financial
disclosure.
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