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HomeMy WebLinkAbout05142012 City Council Work Session Notes - APOC Opt Out r WORK SESSION NOTES ON AOO O o tit Purpose: 6(5(1 c�w) on Opti -cut of .° ikolciaed J /catr Present:h i �1• . 'I PUL Cor cil Members Present: crp,1 Wald -�"I'� i O'er, /L `-'" � ("G�'c .t if-a_; C1;2 T Called by: C 01) Ci 1 Time m Date � f /�f *************************** =****** d******************** bit d Lta r . •►nGLUk oiiOY Vf.Wi cfi ovl5 - si i I6 6 -� -17A1f ex-e 5 cry Nitt5 vostAt pvt\b/5 On )00C- f5t phrmit I, klc4vt oplCcr l� rt Ot I r,U� : i rI-C n ii oiict 11 2/1)0 IWO fi tcre A 0,10tA VU-± Inavt 'Al CL&Yierk-f1 \ m- 9KA- 0!ci frmt yy)\( LSIt , . I C3.- 'Y':11\11 dOti , , .. ,. , , . Seward City Council , , , ,- , , , , , .. , ,t .. Work Session Packet . .' .. ., , ,, , ' , , ,, , x . � �, .� :+� #, � � + €SA�g '> a , . ; � - r '; 4 -` -' . Gia } M br4...naa.• Discussion of •opting out of the Alaska Public Offices Commission's Public Official Financial Disclosure Requirements • Monday, May 14, 2012 City Council Chambers Beginning at 5:30 p.m. May 14, 2012 City Council Work Session for the City of Seward Discussion of opting out of the Alaska Public Offices Commission's Public Official Financial Disclosure Requirements Table of Contents • Memorandum to City Council from City Clerk .Page 1 • Clerk research on what other communities have done since opting out of APOC financial disclosure requirements Page 3 • Non-Code Ordinance 2008-005, submitting a proposition to the voters of Seward for APOC exemption Page 6 • Alaska Municipal League Resolution 2008-15 Page 12 • Non-Code Ordinance 2008-017, appropriating funds to make expenditures which could influence the outcome of an election .Page 13 • Resolution 2008-042, establishing a City of Seward financial disclosure form .Page 17 • Draft code language prepared by the City Clerk to address financial disclosure (was not brought forward because the proposition failed) .Page 31 • List of local governments that have exempted from AS 39.50's Public Official Financial Disclosure Requirements Page 32 • Opt Out information as provided by the Alaska Public Offices Commission Page 33 • APOC FAQ's about using Municipal and Public Funds for an election Page 37 • Copy of current APOC Financial Disclosure Statement ..Page 38 Memorandum Date: May 14, 2012 To: Mayor Seaward, City Council Members From: Johanna Kinney, City Clerk Subj: Discussion and direction on pursuing opting out of the State of Alaska Public Official Financial Disclosure Laws. By Alaska Statute 39.50, municipal officers are required to fill out candidate, annual, and exit Public Official Financial Disclosure Statements. They are to be kept on file with the municipal clerk for six years, and the clerk is responsible for sending copies to the Alaska Public Offices Commission, the managing state agency for AS 39.50. The Mayor, City Council, Planning and Zoning Commission, and City Manager are required to fill out this form. The financial disclosure statement requires disclosure of income sources, business interests, real property interests, beneficial trust interests, loan and loan guarantees, contracts of leases with the State of Alaska or an instrumentality of the State. In 2007, the State of Alaska amended its public official disclosure law, significantly increasing the burden on city officials. One of the biggest burdens was the changing of reporting income, rental income, dividends, interest trusts and retirement accounts, loans/loan guarantees and debts from$5,000 to $1,000. Many elected and appointed officials serving Seward have said these changes are intrusive and can put business owners at a competitive disadvantage. Since June of 2007, the City of Seward Planning and Zoning Commission has not had a full commission, with the exception of one month in 2009. Currently the board is operating with four commissioners, which is the minimum number of members needed to hold a quorum for business meetings. They have had to cancel several meetings this year due to a lack of quorum. In 2008, the City Council directed that the City of Seward pursue opting-out of these state requirements, which is allowed according to state statute upon approval of the voters of the city. The proposition failed, 185 people (44%) voted to opt out of the APOC requirements, while 232 people (56%) voted against opting out. There are currently, over 100 boroughs and municipalities that have opted out of the state's financial disclosure statement requirements. Through research, many have adopted their own forms as well, and they are essentially the state form prior to the 2007 amendment. 1 The process of opting out of the state Public Official Financial Disclosure requirements is generally explained as follows: • The question of exemption is submitted by, the City Council by ordinance or initiative election. Council must approve an ordinance to place the question of exemption from the law on the ballot. • If the city would like to expend funds to influence the outcome of a ballot proposition or question, they must follow specific guidelines in appropriating funds and reporting those funds to the Alaska Public Offices Commission. This is recommended to cover any costs (such as copies,postage, etc.). • If council wants to adopt its own form (contingent upon a majority vote of the voters of Seward), it is recommended they approve such a form by resolution. Additionally, council should consider the enforcement aspect of having the City of Seward maintain, regulate, and administer its own financial disclosure statement form and enforcement of late filings, ethics complaints, etc. • Voters decide at a regular or special municipality-wide election whether or not to opt out of AS 39.50, Public Official Financial Disclosure. If a majority vote decides to opt out, municipal officials are no longer subject to AS 39.50 and a copy of the election results must be given to APOC. If a majority vote decides not to opt out, officials will continue to report under AS 39.50. Direction needed by council: • o Does council wish to pursue opting out of the Public Official Financial Disclosure Laws, as required by AS 39.50? A non-code Ordinance must be enacted to do so. o If such an ordinance is enacted and contingent upon a successful citizen vote does council want to adopt its own financial disclosure statement form? Attached is the approved form had the 2008 proposition passed by the voters of Seward. This is essentially the Public Official Financial Disclosure Statement before the 2007 amendment, but to be administered by the City of Seward instead of APOC. Is this the form council would like to substantially use? A resolution will come before council for formal consideration if so directed. o Does council wish to expend funds to influence the outcome of the election? An appropriation must be made by council ordinance and any expenses will be filed with the Alaska Public Offices Commission. The City Clerk is prepared to make a neutral ballot summary statement if action is taken to put this on a ballot, but will seek attorney opinion if it is appropriate as the election official to prepare or assist council with influencing the outcome of an election. Z Other Communities That Have Opted Out: Bristol Bay Borough (2' Class Borough): --Has a code of ethics section in borough code --defines substantial financial interest as $2,500 --also has an established board of ethics that conducts hearings, who can determine disciplinary action for violations by officers including suspension, discharge/removal from office, or other disciplinary action as the manager or assembly may determine. --must file a written statement of financial interests and establishes unlawfulness for failure to file such a statement or falsely file information and imposes a fine of$300 if a violation occurs. City of Cordova (Home Rule City): --Exempted from AS 39.50 in 1975 and does not appear to have a financial disclosure statement, just a conflicts of interest section in the code similar to Seward's. City of Delta Junction (2" Class City): --Has an ethics section in their code --addresses financial and personal interests --does not appear to have a required financial disclosure statement to be filed regularly --allows potential violations to be filed with the city clerk or mayor signed under oath, goes to board of ethics at a hearing for determination. Penalities may be assessed up to and included removal from office/employment. City of Fairbanks (Home Rule City): --Defines relationships or children, partner, family, source of income, etc. --has a candidate and annual financial disclosure statement specifying business interests and income sources similar to the current APOC financial disclosure statement (income/interests over$1,000—not sure if they have to specify the exact amount, though) --Clerk maintains these statements --penalties are addressed by the basic code violations (ours is Chapter 1.05), can pay a fine and/or imprisonment • City of Homer (1st Class City): --has a"Conflicts of Interest, Partiality and Code of Ethics" section in code --requires a financial interest disclosure statement "using forms substantially the same as the following selected schedules from the Alaska Public Offices Commission Public Official Financial Disclosure Statement: Schedules B (business interests), C (real property interests /rent to own), E (the portion relating to natural resource leases only), F (government contracts and leases) and G (close economic associations)." --clerk provides and maintains forms to officials and may make alterations to the forms as may be necessary. --statements must be true, correct and complete, signed under oath. Not filing is a violation of the code. --has similar declaration of conflicts of interests as Seward --those believing a violation has occurred may file a written complaint of potential violation with the clerk. Must be signed, include address and phone number of person filing complaint, 3 identifying the respondent, affirmation to the best of the person's knowledge and belief the facts alleged in the complain of potential violation signed by the person are true, shall include identification of the section of the code the person believes was violated, why they believe the alleged facts constitute a violation, and identify any documentary or testimonial evidence the person believes are in support of the potential violation --shall be forwarded to the Board of Ethics, who has sole jurisdiction to decide the merits of the complaint filed. --allows for advisory opinions to the city attorney --violations/penalties are subject to general code penalty provisions (similar to Seward's — fines and civil penalities) City of Houston (2"a Class City): --has a financial disclosure section in code—exempting from AS 39.50 --does not appear to require a disclosure statement form of their own --has a code of ethics section of their code, briefly stating: • "No City official shall benefit materially in any way as a result of decisions made as a public official. Should an official be called upon to rule or vote on an issue which involves personal material gain or loss, the official shall declare this to the Mayor as a conflict of interest and refrain from voting or deciding on this matter. Once a decision is made by the Council or Mayor, the official may discharge his or her duty in order to implement the decision without violating this section." City of Kenai (Home Rule City): --requires a financial statement, specifying business interests/income sources for candidacy and annually. --statement details established in the code, appears to be similar to the pre 2007 APOC amendment: amounts over$5,000, gifts over$250, etc. --forms approved by council, disseminated and maintained by clerk --has a "Modified requirements for professionals" — for health care providers, certified public accountants, stock brokers or financial advisors and attorneys. They are not required to disclose as sources of income names of patients/clients receiving professional services. --refusal or failure to disclose: name shall be withheld from candidacy. Any person refusing or knowingly fails to make the required disclosures or knowingly provides false statements shall be guilty of a violation upon conviction, subject to general code offenses and penalties (fines and civil penalties) --defines officer, sources of income, financial interest(no set amount, though), etc City of Ketchikan (Home Rule): --requires their own financial disclosure statements in a form prescribed by ordinance containing "substantially the same information, as may be adjusted for inflation, which the manager, candidates for elective city office, and elected city officers were required to disclose under the Alaska Public Officials' Financial Disclosure Act and regulations in 2006." Require candidates for office to file as well as annually. City of Kodiak(Home Rule City): --has a financial disclosure and conflict of interest section in their code --required of candidates and officers(prior to candidacy and on an annual basis) --requires reporting income over $1,000 received as dividends or interest, source of all other income over$5,000. --clerk prescribes and maintains all forms --has modified requirements for professionals similar to City of Kenai --failure to disclose: candidate name withheld, subject to a$300 fine and any surcharge imposed by AS 29.25.072 City of Palmer (Home Rule City): --has a conflict of interest section in their code --does not appear to.have a disclosure form of their own City of Valdez(Home Rule City): --has a code of ethics section in their code --includes definition of financial interest—no dollar amount given --does not appear to have a disclosure form --penalties subject to general code violation fines Sponsored by: City Clerk Introduction Date: March 24,2008 Public Hearing Date:April 14,2008 Postponed: April 28,2008 Enactment Date: April 28,2008 CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2008-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING A PROPOSITION TO THE QUALIFIED VOTERS AT THE OCTOBER 7, 2008 REGULAR MUNICIPAL ELECTION TO EXEMPT 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) RELATING TO DISCLOSURE STATEMENTS AND CONFLICTS OF INTEREST, AND ESTABLISHING LOCAL GUIDELINES • 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 new requirements have become too intrusive and unreasonable, which has created a hardship for keeping and recruiting municipal elected and appointed officials in our community; and WHEREAS, those statutory provisions are applicable to municipal officers unless a majority of the voters at a general election, approve an ordinance exempting its municipal officers from the requirements of the state provisions; and WHEREAS, the City Council believes in 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 adequate local provisions relating to disclosure of business and financial interests and conflicts of interest; and WHEREAS, local provisions can be enacted by ordinance to assure public access, accountability, and continue the public trust by requiring officials in their official acts to disclose private or business interests; and WHEREAS, this change will still protect the public from the influence of undisclosed private or business interests, 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, the City council .wishes this issue be placed on the ballot, in substantial form as shown below, for voter approval at the October 7, 2008 municipal election. NOW, THEREFORE, THE CITY COUNCIL FOR TIIE CITY OF SEWARD ORDAINS that: V CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2008-005 • Section 1. Municipal officers of the City of Seward, Alaska shall be exempt from AS 39.50, State of Alaska Public Official Financial Disclosure Law, if approved by the voters. Section 2. The City Clerk is hereby directed to submit Proposition No. 1 to the qualified voters at the October 7, 2008 regular municipal election in substantially the following form: PROPOSITION NO. 1 EXEMPTING MUNICIPAL OFFICIALS FROM THE REQUIREMENT OF THE STATE FINANCIAL DISCLOSURE LAWS,AND ESTABLISH OWN FORM AND GUIDELINES Shall the City of Seward exempt its municipal officers from the State Financial Disclosure Laws, (AS 39.50), and adopt a form of its own to reflect locally adopted guidelines related to financial disclosure and conflicts of interest? YES No A"YES"vote would exempt City of Seward elected and appointed officials from the requirements of chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial ,�t�u ,► Disclosure Law) relating to disclosure statements and conflicts of interest, and requires ,X 3" establishment of local guidelines. C�vs-.? p -�j11 �i .< ) local,guidelines. �� " YeviouStjr GtCCe A"NO"vote would continue to require City of Seward elected and appointed officials follow Chapter 39.50 of the Alaska Statutes, (State of Alaska Public Official Financial Disclosure Law), relating to disclosure statements and conflicts of interest. Section 3. Proposition 1 shall be published in the same manner as the notice of the October 7, 2008 municipal election. Section 4. Proposition 1 shall become effective upon its approval by a majority of the qualified voters at the October 7, 2008 municipal election, as provided in Section 14.7 of the Charter of the City of Seward. Section 5. This ordinance shall take effect ten(10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28th day of April 2008. I CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2008-005 THE CITY OF SEWARD,ALASKA Clark Corbridge, Mayor AYES: Bardarson, Valdatta, Kellar, Dunham, Amberg, Corbridge NOES: None ABSENT: Smith ABSTAIN: None ATTEST: Jean Lewis City Clerk (City Seal) • I Council Agenda Statement Meeting Date: March 24, 2008 40C seis4 To: Mayor Corbridge, City Council t., �® From: Jean Lewis, City Clerk 414.4s0 NIP Agenda Item: APOC Financial Disclosure Form Ballot Proposition BACKGROUND &JUSTIFICATION: Since APOC financial disclosure form requirements were recently amended, 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,would be posted on the internet,contain too much vital information that promotes identity theft, and gives unfair competitive advantages 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 they have volunteered to be on the city council or boards and commissions. The City of Seward has seen one resignation from the Seward Planning& Zoning Commission, with more threatening to follow. Two potential candidates have declined volunteering after seeing these forms. The new forms require a potential elected or appointed official to now list all funds received over $1000. Every member also must fill out"exit" applications. There has been talk this information will be posted on the internet in 2009. 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" ;(ordnance change to putbeforevoters Ais attached) ➢ 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(Attached). In a 3/12/08 phone conversation with Kathie Wasserman,Director of AML, she stated she had spoke 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 200+ communities have already voted to be exempt from state disclosure requirements. This list is also attached. In polling other city clerks recently, we have found; > per a Feb 19 council meeting,Delta is having an ordinance drafted to exempt them from the requirements because of the intrusiveness of the forms. > Sitka is not pleased with the new requirements; and would be putting an exemption to the voters this fall. > Both Wasilla and Ketchikan Gateway Borough clerks were not sure this would pass in their communities because of the recent climate of impropriety with Juneau lawmakers. > Kodiak had opted out years ago (1976), and I have attached a copy of their financial disclosure form that they require for public viewing. > The city clerk in Juneau had contacted Brooke Miles with APOC on this very question,and below was the response back; To clarify the concern regarding the posting of municipal financial disclosure statements online, I believe that the legislation passed last year (HB 109 -and I'm looking it up as I type this) that only municipalities with a population of more than 5,000 will be required to file online. It will be the online filing that creates the database for online viewing. This section of the law takes effect January 1,2009. As you are most likely aware,we do not have the technology for receiving electronically filed statements this year, but it will be ready in time for the 2009 annual statement and the 2009 October elections. I have heard concerns from many municipalities are considering placing on the October 8,2008 election ballots the proposal to opt out of financial disclosure filing under AS 39.50 (which is permitted in accordance with AS 30.50.145)and enacting, by ordinance, their own financial disclosure requirements based on the state law before the HB 109 amendments. One of the issues that remains to be resolved is the matter of the records custodian. Under AS 39.50.020(b), municipal clerks are the custodian for the municipal filings (as you are well aware). I'm uncertain of how this relates to electronic filing. I intend to ask the department of law for guidance on this issue, and we shall do our diligent best to keep municipal clerks on top of these discussions. Although it has been rumored and spoke of above, of having these forms available on the interne, but only to city's with populations of 5000 or less,this could not be substantiated by press time. In your discussion,you may decide to opt out and put this on the ballot for October. If so,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 like Kodiak's could be instituted later to provide adequate safeguards for the public. Other places for information and research: www.apoc.alaska.gov Find bills at BASIS www.legis.state.ak.us/basis/start.asp Comprehensive Ethics Act went into law July 9,2007,HB 109 Alaska Statutes(AS)39.50 Legislative Financial Disclosure AS 24.60.200 Campaign Financial Disclosure AS 15.13 Lobbying Financial Disclosure AS 24.45 • ry • INTENT: 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,but establish our own guidelines that are not as intrusive as the state requirements of AS 39.50. CONSISTENCY CHECKLIST: Where applicable,this resolution/ordinance is consistent with the Seward City Code,Charter,Comprehensive Plans,Land Use Plans,Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Possibility of city funds expended by a later ordinance if the city decided to"lobby"for this change. Approved by Finance Department: RECOMMENDATION: Approve Non-Code Ordinance 2008-005, submitting a proposition to the qualified voters at the October 7,2008 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. ' , • . `ALASKA MUNICASIPAL LEAGUE Alaska ConnJeit'iicc of Manors ALASKA MUNICIPAL LEAGUE • RESOLUTION #2008-15 • A RESOLUTION URGING THE ALASKA STATE LEGISLATURE TO RECOGNIZE AMENDMENTS TO AS. 39.50 SO THAT DISCLOSURE REQUIREMENTS ARE . APPROPRIATE FOR LOCAL ELECTED AND APPOINTED OFFICIALS WHEREAS,as AS.39.50, governing Alaska Public Offices Commission(APOC)has been amended to include several new rules retroactive to the proceeding calendar year,that apply to elected and appointed municipal officials; and f. WHEREAS,municipalities and their respective elected and appointed officials did not have an opportunity to review and comment on the changes;and WHEREAS,APOC has not yet published any guidelines or a manual for candidates to adhere to the new regulations; and WHEREAS, new rules now require financial statements for public officials as they exit office and are retroactively instituted;and • WHEREAS, the general public and many candidates for public office have not been clearly informed or made aware of these changes;and WHEREAS, it iswell-known that local elected and appointed bodies, including planning boards and commissions are having difficulties finding candidates to serve and these new financial reporting requirements have compounded the situation;and WHEREAS, new regulations state that completed APOC Public Official Financial Disclosure Statements shall be published on the internet and will include publication of total amounts of income naming each source and identification of the names of minor children. H. NOW,THEREFORE BE IT RESOLVED that the Alaska Municipal League urges the State Legislature to recognize amendments to AS.39.50 so that disclosure requirements are appropriate for local elected and appointed officials. . PASSED AND APPROVED by the Alaska Municipal League on the 9th•day of November, 2007. Signed: . Tim Beck,President,Alaska Municipal League •Attest: \ -e �-) \3o,��'.earrc-•vu� Kathi asserman,Executive Director,Alaska Municipal League • .ns2008 Resolutions + www.akml.org 19 Sponsored by: Oates Introduction: August 11,2008 Public Hearing: August 25, 2008 Enactment: August 25,2008 CITY OF SEWARD,ALASKA NON-CODE ORDINANCE 2008-017 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 passed a non-code ordinance on April 28, 2008 to submit Proposition#1 to the qualified voters at the October 7, 2008 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 2008-042 on May 12,2008 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 7, 2008; 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 14.13.040 and AS 15.13.050; and WHEREAS, in order to educate the public in accordance with the provisions of 2AAC 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 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. • /3 CITY OF SEWARD,ALASKA NON-CODE ORDINANCE 2008-017 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 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 28th day of August, 2008. THE CITY OF SEWARD,ALASKA Clark Corbridge,Mayor AYES: Dunham, Valdatta, Bardarson, Amberg, Smith, Kellar, Corbridge • NOES: None ABSENT: None ABSTAIN: None ATTEST: Jean Lewis City Clerk (City Seal) 1 4' Council Agenda Statement Meeting Date: August 11, 2008 /of sett, 4. .116 To: Mayor Corbridge, City Council Members A From: Jean Lewis, City Clerk SSP 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 2008-005 on April 28,2008 and Resolution 2008-042 on May 12,2008,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 15.13.145, a municipality may not use money to influence the outcome of an election unless the funds have been specifically appropriated for that purpose by the elected body. 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: Where applicable, this ordinance is consistent with the Seward City Code,Charter,Comprehensive Plans,Land Use Plans,Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: I 5 The amount of$1,500 is an estimate. Funding for this appropriation is available between the city council promotion and election budget. Approved by Finance Department: RECOMMENDATION: City Council introduce and enact Non-Code Ordinance 2008-017 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. , (p Sponsored by: Oates CITY OF SEWARD,ALASKA RESOLUTION 2008-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING LOCAL FINANCIAL DISCLOSURE GUIDELINES FOR APPOINTED AND ELECTED OFFICIALS AND APPROVING THE CITY OF SEWARD FINANCIAL DISCLOSURE FORM UPON VOTER APPROVAL AND PASSAGE OF PROPOSITION #1 AT THE OCTOBER 7, 2008 MUNICIPAL ELECTION 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 new requirements have become too intrusive and unreasonable, which has created a hardship for keeping and recruiting municipal elected and appointed officials in our community; and WHEREAS, appointed and elected officials will be defined as; the city manager, candidates and seated Mayor and City Council members and Seward Planning & Zoning Commissioners; and WHEREAS, those statutory provisions are applicable to municipal officers unless a majority of the voters at a general election, approve an ordinance exempting its municipal officers from the requirements of the state provisions; and WHEREAS, the City Council believes in the public's right to know the financial and business interests of the persons who seek and hold public office, and desires to establish adequate local provisions relating to disclosure of business and financial interests and conflicts of interest; and WHEREAS, the City Council has established a financial disclosure form for Seward which basically adopts the requirements of the State Public Officials 2007 form; and WHEREAS, passage of the new City of Seward's financial disclosure form continues to assure public access, accountability, and continue the public trust by requiring officials in their official acts to disclose private or business interests; and WHEREAS, this change would still protect the public from the influence of undisclosed private or business interests, 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. CITY OF SEWARD, ALASKA RESOLUTION 2008-042 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,that: Section 1. The City Council approves the financial disclosure form presented at this meeting, and adopts it as the City of Seward's financial disclosure form. Section 2. This resolution shall take effect immediately upon passage of Proposition #1, at the Municipal election held October 7, 2008, exempting the City of Seward from the requirements of Chapter 39.50 of the Alaska Statutes. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of May, 2008. THE CITY OF SEWARD,ALASKA Willard Dunham, Vice Mayor AYES: Valdatta, Bardarson, Kellar, Dunham NOES: None ABSENT: Amberg, Smith, Corbridge ABSTAIN: None • ATTEST: Jean Lewis City Clerk, CMC (City Seal) if Council Agenda Statement Meeting Date: May 12, 2008 le% o=tSFSTo: Mayor Corbridge, City Council ,` ',, <�A From: Jean Lewis, City Clerk asKP Agenda Item: City of Seward Financial Disclosure Form Acceptance BACKGROUND &JUSTIFICATION: The City of Seward has heardfrommany citizens that they would not run for public office because of the intrusiveness of the new requirements of the Alaska Public Official Commission's (APOC) Financial Disclosure laws. Upon research,it became noticed that municipalities could opt out or be exempt from this law (AS39.50) if they received voter approval from their communities. Further research showed over half of the municipalities around the state had already exempted themselves from these state provisions. "Appointed and elected officials" will include; the city manager, candidates and seated Mayor and City Council positions and Seward Planning & Zoning Commissioners. The City Council voted unanimously to put a non-code ordinance on the ballot for the October 7, 2008 municipal election for voter approval, exempting the City of Seward from the state requirements in AS39.50. The City Council also voiced concern that Seward adopt its own form that would meet the intent listed below. For your approval is a modified 2007Alaska Public Official Commission form,that basically adopts the old form prior to the most recent changes. The items changed are: • Kept the 2007 APOC $5000 limit instead of the new$1000 limit. • Took out all references to the APOC manual. • Added a footer which was adopted from the new 2008 APOC forms. • Took out where it referred to each individual year,and put the words"the preceding calendar year"to save time and money in annual form changes. • Added records retention language • Added words notifying the public this only exempted Seward from the state disclosure laws, not the state campaign laws. INTENT: To establish financial disclosure guidelines that continue to protect the public from the influence of undisclosed private and business interests, provide public access to information necessary to judge the credentials of those seeking to hold public office, assure accountability and continue the public trust,while still allowing for certain rights of privacy for citizens wishing to seek public office. CONSISTENCY CHECKLIST: Where applicable,this resolution/ordinance is consistent with the Seward City Code,Charter,Comprehensive Plans,Land Use Plans, Strategic Plan and City Council Rules of Procedures. � q Other: FISCAL NOTE: Approved by Finance Department: RECOMMENDATION: Approve Resolution 2008-042,which adopts the City of Seward's own financial disclosure form. Zo Ap.pvtd b X114. '6h a -o42 rte a( t/OhiCh ?fin/ notCITY OF SEWARD a rJ PUBLIC OFFICIAL FINANCIAL DISCLOSURE STATEMENT BACKGROUND INFORMATION 1. This report is for candidates and existing members of: the City Manager, the Seward City Council, and the Seward Planning&Zoning Commission. 2. This report is for the preceding calendar year, so include any information about financial interests held between January and December. / 3. You must show your financial interests and those held by your spouse,Dor dependent children during the preceding calendar year. NOTE: \: Municipal officers are not required to disclose information about.their domesticcp rtner. 4. This form takes the place of the Alaska Public Official/Financial Disclosure Form in AS 39 50,per approval to exempt by the voters on October 7, 2008. Candidates'-and Elected,Officials must still follow the state election campaign laws of AS 15.13. � ,: �' Vis/ 5. SIGN THIS REPORT ON THE LAST PAGE NAME: b t °/ = Phone ' °, Fax Number OCCUPATION: •, MAILING ADDRESS et r, (Current Street Addressor,Post Office Box), x E-Mail Address (City/Town and*Zip Cdd0 l OFFICE HELDOR SOUGHT(CHECK ONE)-''4a City Mgr. ❑ City Council ❑ P&Z ❑ 7 TERM'OFNOFFICE: From \ TITLE: TYPE OF STATEMENT(CHECI ONE): j 111 CANDIDATE STATEMENT Must be filed with your declaration of candidacy ❑ INITIAL STATEMENT For newl a..ointed municipal officials evtA ❑ ANNUAL STATEMENT o ue by March 15 vi' I SPOUSE OR DOMESTIC PARTNER: DEPENDENT CHILDREN: GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHECK"NONE." THIS IS A PUBLIC DOCUMENT. Page 1 SCHEDULE A SOURCES OF INCOME OVER$5,000 Salaried Employment If NONE reportable, check box- ❑ Report the name of each employer who paid you,your spouse,domestic partner or dependent children more than $5,000 during the preceding calendar year. Name of filer,spouse,domestic partner,or child: , ` Employer's Name: / ',, v- -, Name of filer,spouse, domestic partner,or child: r% \\ Employer's Name: f=:./- '' Name of filer,spouse,domestic partner,or child: / -,\ `y, .5,-; Employer's Name: - , . -;' . Name of filer,spouse,domestic partner, or child: , ; Employer's Name: "`:: ` j' off. [,``''' tit "'. � ''�. Self-Employment ` AINONE reportable , check box -> f List the name and address of each self-employment business that was;a source of income of more than$5,000 for you,your spouse, domestic partner:or dependent child during the preceding calendar year. If the business is non-retail, list the first and last name\of each client or customer who paid the business over$5,000. \-y- , Self-employment includes: sole pioprietor,partnership;limited liability company, shareholder in a professional corporation,/or if you held,,,.(indiv dually or with another family member) more than 50% of the stock in a corporations ' , .e? '''\::,'N x r Name of files,spouse, domestic,partner,or child: Business Name \�' j: Retail ❑ Non-Retail,,„ ❑ (If f ou check non-retail, list clients/customers below.) Name of client/customer: Name of filer,spouse, domestic partner,or child: Business Name:. Retail ❑ Non-Retail ❑ (If you check non-retail, list clients/customers below.) Name of client/customer: GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHECK ." THIS IS A PUBLIC DOCUMENT. Page 2 SCHEDULE A SOURCES OF INCOME OVER$5,000 Rental Income If NONE reportable, check box—* ❑ List the first and last name of each tenant from whom over$5,000 was received during"the' preceding calendar year. If property is located outside Alaska and managed by a person other than you,your spouse,domestic partner or dependent child,you may list the managing agent instead of listing each tenant:' Owner(filer, spouse, domestic partner, or child) Tenant(s), ^, six Dividends and Interest `.If NONE reportable, checkbox—> ❑ Report the name of the source of all dividends,interest and capital gains_`over$5,000 earned during the preceding calendar year such as Dean Witter Money Market_Acct.or CD's in ABC Bank. • List the name(s)of the asset(s)(not in a retiremcc ent aount)which paid you,---yol.lrspouse,domestic partner or child dividends, interest or capital gains of moreethan$5,000 last year such a`s IBM stock or Cordova Municipal Bonds. ,, .-.%.-7 , • (Report the assets of a retiremenaccount or trust on• page 6) �j t Recipient(filer, spouse, domestic partner,.,or child) x,' Name%of Source of Income ` ' y \ / ft Other Income .i 'T a `�`�"'' If NONE reportable, check box-* n List each source of income over$5;000 not°listed` elsewhere on this statement, including income from public assistance;workman s compensatioi,,unempioy ent,the name of the buyer of real property; social security; retirement;the name of the person\wlo paid alimony or child support;government entitlements;honoraria and shared living penses. ;x' ;.. Recipient(filer, spouse, domestic partner, or child) Name of Source Gifts If NONE reportable, check box ❑ GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHECK"NONE." THIS IS A PUBLIC DOCUMENT. Page 3 2.3 List the source of gifts which have a value of or cumulative value of more that$250 except gifts received from a spouse, domestic partner, parent, child, sibling, grandparent, aunt, uncle, niece or nephew. Some examples of gifts include: cash, a debt that is forgiven, scholarships, and discounts not extended to the general public. Recipient(filer,spouse, domestic partner or child) NAME OF SOURCE SCHEDULE B BUSINESS INTERESTS Business Interests If NONE.reportable, check box- ❑ Report all business interests even if they were not sources of income toyou,your spouse, domestic partner, or dependent child during the preceding calendar year. • List ownershipinterests of more than $5,000 as a shareholder in publicly traded stocks,that are not listed elsewhere on this form. (A list of the names of publicly traded stocks such as IBM or Intel may be listed by name only on a separate page.) 2/7 • List ownership interests in non-publicly traded companies such,as-a sole proprietor, shareholder, owner, partner, officer, or director including ownership interests in native corporations. • List interests in limited liability companies\ ?. • List director or officer position in profit and non profit organizations. .:-\, /, Describe the business activity with sufficient detail to�tell a reade What hat the organization actually does. Name of filer,spouse, domestic partner,or child: �� Business Name: s:-- . _; ; 1 1, Business Address: ,. ....., ::4,----,------ , „ ,---- ',_.�.,,,,. Nature of Interest Descriptioii of Business's Act ity: `- Name of filer,spouse, domestic partner,or child: Business Name: Business Address` 1 ill Nature of Interest: '''-,;,-.':\./,-A.,/ /' Description of Business's Activity: Name of filer,spouse, domestic partner,or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHECKN E." THIS IS A PUBLIC DOCUMENT. Page 4 2 Name of filer,spouse,domestic partner,or child: Business Name: Business Address: Nature of Interest: Description of Business's Activity: /\\ k : , AeS5 x , A.,,,/..,,,s...,,,,,,,,.\ s ,, r a te `. a R i • 2 A I- j \::,.,- „,,,,,,,,,,/ `iY GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHECK"NONE." THIS IS A PUBLIC DOCUMENT. Page 5 is SCHEDULE C REAL PROPERTY INTERESTS/RENT TO OWN Real Property Interests If NONE reportable, check box- ❑ Report all property interests such as your home, neighboring lots,rent to own home, rental property,vacant, recreational,business property or limited partnerships including real estate interests held in an LLC; or held through a trust or sold during the preceding calendar year. Include a street address, city and state or complete legal description for each piece of property listed. Do not use mile post markers or post offices boxes. /. .57 , Use copies of this page if you need additional space to complete this seption Name of filer,spouse,domestic partner,or child: .�,(sj ` . Street Address or Legal Description: .\ '° . k City or Borough and State: N ✓`;id ' ' Nature of Interest: • •.,,,, �` (Option to Buy,Ownership,Leasehold) Current Use(Optional) Name of filer,spouse,domestic partner,or child '' Street Address or Legal Description: .` 4:-.,---..-,...,.:: Ar . > ‹,•5 7/ '2/ City or Borough and State: 7'7'''''.--7"::'-7:N, \ ; c Nature of Interest: \ .-\ \ (Option to Buy,OwnershipLeasehold) \\ Current Use(Optional) V Name of filer,spouse,domestic partneri or child: ,,,P y _ ;y Street Address`;"or Legal Description: ' --------Z,./ City or Borough and State N Nature ofIn erest: t., , ,k (Option to Buy,Ownership,,Leasehold) Current Use(Optional) Name of filer,spouse, domestic partner,or child: Street Address or Legal Description: /r City or Borough and State .,, ). Nature of Interest: (Option to Buy,Ownership,Leasehold) Current Use(Optional) Name of filer,spouse,domestic partner,or child: Street Address or Legal Description: City or Borough and State: Nature of Interest: (Option to Buy,Ownership,Leasehold) Current Use(Optional) GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHEC NONE." THIS IS A PUBLIC DOCUMENT. Page 6 � SCHEDULE D BENEFICIAL INTEREST IN TRUSTS & RETIREMENT ACCOUNTS Exceeding $5,000 Trusts & Retirement Accounts If NONE reportable, check box- El Report each beneficial interest in a trust or retirement account held by you, your spouse, domestic partner or dependent children that exceeded $5,000 during the preceding calendar year. Retirement accounts include employee benefit accounts (pension and profit-sharing accounts), and retirement accounts (IRA, 401K, SEP or Keogh). Assets of a trust or retirement account include stocks, bonds, ri utuual funds, cash accounts, CD's,real property. • Name the trustor(the person or employer who provided the funds or assets for title trust or retirement account). • If a trust or retirement account is self directed, also list the assets by.name such as IBM stock or Templeton Growth Fund: Name of filer,spouse or domestic partner,or child: ' Extent of Interest(Percent) Name of the person,employer or entity who provided the funds or assets(Trustor) N b. u Name(s) m of the stocks,bonds,mutual funds or other assets contaedn the retirement account or trust Name of filer,spouse or domestic partner;--or child: \// Extent ofInterest(Percent) ), s s� ° Name of the person,employerror entity who provided the funds or asseW(Trustor) Name(s)of the stocks bonds,mutual funds or other assets contained in,thee retirement account or trust \ Name of filer;/spouse or domestic"partner,or Child . Extent of Interest(Percent) NV1 Name of the person,employer or entity wlio' rovided`the funds or assets(Trustor) \ Name(s)of the stocks,bonds,mutual funds or other assets contained in the retirement account or trust _;y; Name of filer,spouse or domest partner,or child: Extent of Interest(Percent) Name of the person,employer or entity who provided the funds or assets(Trustor) Name(s)of the stocks,bonds,mutual funds or other assets contained in the retirement account or trust Name of filer,spouse or domestic partner,or child: Extent of Interest(Percent) Name of the person,employer or entity who provided the funds or assets(Trustor) GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHECK ONE." THIS IS A PUBLIC DOCUMENT. Page 7 1 Name(s)of the stocks,bonds,mutual funds or other assets contained in the retirement account or trust SCHEDULE E LOANS, LOAN GUARANTEES, AND DEBTS OF $5,000 OR MORE NATURAL RESOURCE LEASES , Loans, Loan Guarantees, and Debts If NON /reportable, check box-- ❑ Report the name of each creditor or lender to whom more than$5,000 was,owed'`during the preceding calendar year byyou,your spouse,domesticpartner,or dependent children. .: °� P P \ List financial obligations including mortgages on property sold during the preceding calendar y ar; loans that have beenguaranteed;delinquent taxes,alimony, child support a merits• medical bills; mort a e boat and auto loans; Q Y� PP PY gg , business and personal loans; escrow's; student loans; signature loans; and promissory notes. Loans include secured, unsecured and contingent loans. Do not report credit card obligations,or revolving charge accounts, Circle whether the entity is a lender,creditor or guarantor. X-,,./../ Name of Debtor(filer,spouse,domestic partner or child) ' ' > Name of Lender/Creditor/Guarantor Name of Debtor(filer,spouse domestic pa[tner or child) \" Namofe Lender/Creditor/Guarantor Name of Debtor(filer,spouse,domestic partner or child) Name of Lender/Creditor/Guarantor I . Name of Debtor(filer,spouse,domestic partner,or.child) '� # Name of Lender/Creditor/Guarantor Name of Debfor(filer,spouse domestic partner or child) Name of Lender/Creditor/Guarantor Name of Debtor(filer,spouse,domesticrri. er or ch d) Name of Lender/Creditor/Guarantor It , Natural Resou c,Leases ,;;,t If NONE reportable, check box-* ❑ List all natural resource leases, including mineral, timber, or oil leases bid held or offered during the preceding calendar year. Report this infor ation for yourself, your spouse, domestic partner or dependent child who was a sole proprietor, a partnership r professional corporation of which you are a member; or a corporation in which you or your family members listed above(or a combination of them)held a controlling interest. Leaseholder Nature of Lease Indicate:Bid,held or offer made Identity of Lease and Description Leaseholder Nature of Lease GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHECK"NONE." THIS IS A PUBLIC DOCUMENT. Page 8 2g Indicate:Bid,held or offer made Identity of Lease and Description SCHEDULE F GOVERNMENT CONTRACTS AND LEASES CERTIFICATION Contracts and Offers to Contract If NONE repo table, check box-->. ❑ List all contracts and offers to contract with the state or instrumentality of the state or a municipality during the preceding calendar year held, bid or offered. Report this information for yourself,�your spouse, domestic partner or, dependent children who was a sole proprietor, a partnership or professional corporation of which you are a member; or a corporation in which you or your family members listed above (or .'-'combination of them) held a controlling interest. ) ju Name(s)of Contractor '`Contracting/Agenby/Department Indicate:Bid,held or offer made "` Contract numberr and description• Name(s)of Contractor i`,'-"Contractmg_Agency/Department Indicate:Bid,held or offer made'P `V ; Contract number and description ,F CERTIFICATION I certify under penalty of per�urytha,a,st the Information n this Statement is, to the best of my knowledge, true, correct4d complete,A persono makes-a false sworn certification which he or she does not believe to'be true is guilty ofperjury '' DATE SIGNATURE `� � �. j: Printed Name of Filer , Place Where to file this Statement MUNICIPAL OFFICIALS AND CANDIDATES-File these Statements with the local City Clerk in the jurisdiction where you hold or seek office. They will be on file for 6 years,which is the state recommended records retention schedule for these documents. City of Seward ATTN: City Clerk Office 410 Adams Street P.O. Box 167 Seward,Alaska 99664 907 224-4046 GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHECK ■ ." THIS IS A PUBLIC DOCUMENT. Page 9 Fax 907 224-4038 clerk@cityofseward.net 4` _ Zn /,,,,-,.,-, \,,,,,,,,„ '�. 'N 1 N /74<:`,-,,, \':,.:', \ S �� 4,55;--" ,..'-i\ r§ 9 .?:*''''''''''' ,,:'-if,.,,/,,,,,,;.,....,,, --,,,,,,-%;;;...,,..,,, e \•";,-,! i ''''' ''-1,,:-. ,.., N. \ 4,,,.%,-2,-- - N '„, JVt GIVE DETAILED DESCRIPTIONS WHERE REQUESTED. USE EXTRA PAGES IF NECESSARY. CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or A SECTION DOES NOT APPLY TO YOU,CHECK"NONE." THIS IS A PUBLIC DOCUMENT. Page 10 30 , Chapter 2.03 Financial Disclosure • 2.03.010 Exemption from AS 39.50 state financial disclosure laws A. At a municipal election held on October 7,2008,the voters of the city approved a proposition that exempted the city from the requirements of Alaska Statute 39.50 State of Alaska Public Official Financial Disclosure Law relating to disclosure statements and conflicts of interest,and established their own form and the following local guidelines. B. A"municipal official"or"appointed officer"is defined as any candidate or existing member of the Seward City Council,the Seward Planning&Zoning Commission,and the City Manager. These persons must file a financial disclosure form provided by the city disclosing their business interests and income sources. • 2.03.015 Report of financial and business interests A. The city manager and a candidate for elective municipal office shall file a financial disclosure statement using forms substantially the same as the Alaska Public Offices Commission Financial Disclosure Statement,provided by the city and approved by resolution. The forms will be signed under oath with the city clerk,at the time of filing a declaration of candidacy for elective or appointive office,and for the city manager upon hire. B. Each municipal official and the city manager shall file a financial disclosure statement using forms substantially the same as the Alaska Public Offices Commission Financial Disclosure Statement provided by the city,of income sources and business interests with the city clerk,no later than March 15 of each year that office is held. 2.03.020 Refusal or failure to disclose information required A. If a candidate fails or refuses to file the statement required by section 2.03.015,the candidates's filing application shall be refused,or if previously accepted,shall be returned and the candidate's name shall be withheld or removed from the ballot. B. A person failing or refusing to comply with the requirements of this section shall forfeit the nomination and shall not be seated or sworn to the office for which this person was a candidate. C. A person who refuses or knowingly fails to make a required disclosure of information as provided in this chapter,or who files a statement containing false or misleading information,knowing it to be false or misleading,shall be punished by a fine of not more than three hundred dollars,plus any surcharge required to be imposed by AS 29.25.072. 2.03.025 Penalty assessments for late filing A. A disclosure statement is delinquent if not received by the City Clerk's office on or before March 15 annually,or if not received by any other deadline as prescribed. B. A civil penalty of$10 a day will be assessed for each day the delinquency continues. • • • (kii3,(A4 Cde, Lcultace Y WI l2-�V 1 P,r,�� , JvlyoO ) 3l EXEMPT LOCAL GOVERNMENTS EXEMPT from PUBLIC OFFICIAL FINANCIAL DISCLOSURE REQUIREMENTS UNDER AS 39.50 AS 39.50.145. Participation by municipalities. A municipality may exempt its municipal officers from the requirements of this chapter if a majority of those 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. I it, N/A Akhiok 1998 Akiak 1998 Gambell 1993 Nunapitchuk 1990 Akutan 1976 Golovin N/A Old Harbor 1976 Alakunuk 1991 Goodnews Bay 1977 Ouzinkie 1993 Aleknagik 2000 Grayling 1975 Palmer 2011 *Aleutians.East Borough N/A *Gustavus 1975 Pelican 1978 Allakaket 1975 Homer 1975 Petersburg 1975 Ambler 1976 Houston 1992 Pilot Point 1995 Anaktuvuk Pass 1990 Hughes 1994 Pilot Station 1975 Anderson 1988 Huslia 1994 Platinum 2001 *Aniak 1975 Kachemak 1997 Point Hope 2003 Anvik 1975 Kake 1976 Port Alexander N/A Atka 1977 Kaktovik 1979 Port Heiden 1991 Atqasuk 1976 Kaltag 1976 Port Lions N/A Betties 1978 Kasaan 1992 Quinhagak 1996 Brevig Mission 2008 *Kenai, City of 1976 Ruby 1975 Bristol Bay Borough 2008 *Ketchikan,City of 1994 Russian Mission 1999 Buckland 1998 Kiana 1977 Savoonga N/A Cherfornak 1981 King Cove 1993 Saxman 1998 Chevak N/A Kivalina 1979 Scammon Bay N/A Chignik 1977 Klawock 2010 *Seldovia 1994 Chuathbaluk 1998 Kobuk N/A Shageluk 1981 Clarks Point 1976 Kodiak(city) N/A Shaktoolik 2000 Cold Bay 1975 Kotlik 1996 Sheldon Point 1975 Cordova 1988 Koyukuk 1975 Shishmaref 1976 Craig 1977 Kupreanof 1975 Shungnak 1975 Deering N/A Larson Bay 2008 *Sitka,City& 2008 *Delta Junction 1995 Marshall Borough 2008 *Delta Borough N/A Metlakatla 1998 St. George Is. 1976 Dillingham 1996 Napakiak ' 1977 St. Mary's 1975 Diomede 1999 *Napaskiak 1996 Tanana 1976 Eagle 1975 Nenana 1994 Teller 1995 Eek 1979 Newtok 2000 Tenakee Springs 2008 *Egegik N/A Nightmute 1994 Toksook Bay 2001 Ekwok 1977 Nikolai 1977 Unalakleet 1975 Elim N/A Nondalton 1992 Upper Kalskag 1980 Emmonak 1979 Noorvik 1975 Valdez 1998 False Pass 1995 Nuiqsut 1992 Wales 2009 *Fairbanks,City of 1980 Nulato 1976 White Mountain 1975 Galena 1976 Whittier *Recent additions to the list Revised January 2012 3 Z Opting Out of Reporting Requirements Under Alaska Statute 39.50, Public Official Financial Disclosure In response to numerous requests from municipalities and individuals subject to Alaska Statute 39.50, the Public Official Financial Disclosure (.POFD) law, the Alaska Public Offices Commission (APOC) has prepared the following information on how a municipality may opt out of these reporting requirements. Under the same law that requires your municipal officials to file Public Official Financial Disclosure Statements, there is an option for a municipality to exempt their officials from reporting. The authority to opt out of the POFD reporting requirements can be found in AS 39.50.145, Alaska's Public Official Financial Disclosure Law: Sec. 39.50.145. Participation by municipalities. 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. (§ 16 ch 25 SLA 1975; am § 1 ch 211 SLA 1975; am § 62 ch 74 SLA 1985) Some municipalities have chosen to discontinue the reporting requirement entirely and some municipalities have chosen to opt out but to create a simpler version of the requirements and forms. If your municipality votes to opt out of the reporting requirements, the information is no longer required by the state. If your municipality votes to opt out of the POFD law and substitute a simplified version of financial disclosure reporting requirements, there will be no further requirement for you to provide the information to the Alaska Public Offices Commission. Of those municipalities that have opted out of the current Public Official Financial Disclosure reporting requirements under AS 39.50, some have modified previous APOC forms and now administer their own version of financial disclosure reporting. MUNICIPAL POFD OPT OUT PROCESS APOC June 2010 Page 1 of 4 33 PROCESS FOR OPTING OUT Step 1 : The question of exemption from AS 39.50 is submitted by your city council or borough assembly, by ordinance or by initiative election. The city council must approve the ordinance to place the question of exemption from the law on the ballot. (See attached sample language.) Step 2: Educate voters on the ballot question. There are specific guidelines under state law that a municipality must follow if municipal funds are to be used to influence the outcome of a ballot proposition or question. (See AS 15.13.145 below) Step 3: Voters decide at a regularor special municipality- wide election whether or not to opt out of AS 39.50. Step 4: If a majority of voters decide to opt out of POFD reporting requirements, your municipal officials are no longer subject to AS 39.50. Step 5: You must provide APOC with a copy of the official election results indicating that your municipality is no longer subject to the POFD law administered by APOC. Your officials and candidates will not be required to file POFD statements the following year. (If a majority of voters decide not to opt out of the POFD reporting requirements, your officials will continue reporting under AS 39.50.) MUNICIPAL POFD OPT OUT PROCESS APOC June 2010 Page 2 of 4 34 MUNCIPAL APPROPRIATION OF FUNDS TO INFLUENCE THE OUTCOME OF AN ELECTION Sec. 15.13.145. Money of the state and its political subdivisions. (a) Except as provided in (b) and (c) of this section, each of the following may not use money held by the entity to influence the outcome of the election of a candidate to a state or municipal office: (1) the state, its agencies, and its corporations; (2) the University of Alaska and its Board of Regents; (3) municipalities, school districts, and regional educational attendance areas, or another political subdivision of the state; and (4) an officer or employee of an entity identified in (1) - (3) of this subsection. (b) Money held by an entity identified in (a)(1) - (3) of this section may be'used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a state law or a municipal ordinance. (c) Money held by an entity identified in (a)(1) - (3) of this section may be used (1) to disseminate information about the time and place of an election and to hold an election; (2) to provide the public with nonpartisan information about a ballot proposition or question or about all the candidates seeking election to a particular public office. (d) When expenditure of money is authorized by (b) or (c) of this section and is used to influence-the outcome of an election, the expenditures shall be reported to the commission in the same manner as an individual is required to report under AS 15.13.040 .(§ 24 ch 48 SLA 1996) MUNICIPAL POFD OPT OUT PROCESS APOC June 2010 Page 3 of 4 SAMPLE ORDINANCE FOR PLACING THE QUESTION OF EXEMPTION FROM THE AS 39.50, PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW ON THE BALLOT ORDINANCE NO. THE BOROUGH / CITY OF ORDAINS: That the question of whether or not to exempt municipal officers and candidates for elective office from the requirements of the State of Alaska Public Official Financial Disclosure Law (AS 39.50) shall be placed on the ballot (1) at the regular election to be held on (date of the election). - OR - (2) at a special election called for that purpose and scheduled to be held on (date of special election). SAMPLE BALLOT LANGUAGE FOR PLACING THE QUESTION OF EXEMPTION FROM THE PUBLIC OFFICIAL FINANCIAL DISCLOSURE LAW (AS 39.50) ON THE BALLOT OFFICIAL BALLOT BOROUGH/CITY OF DATE: PROPOSITION NUMBER Shall the municipal officers and candidates for elective office of the Borough/City of exempt from the requirements of the AS 39.50, Public Official Financial Disclosure Law YES NO MUNICIPAL POFD OPT OUT PROCESS APOC June 2010 Page 4 of 4 319 • 5/11/12 FREQUENTLY ASKED QUESTIONS ABOUT MUNICIPALITIES AND PUBLIC FUNDS,Frequently Asked Que... Skis to main content Alaska Department of Administration a°4 , : s OcsaR o4;''''.1%'91U1 AlsaPubli ffiCoin* ion ;.n ea ., FREQUENTLY ASKED QUESTIONS ABOUT MUNICIPALITIES AND PUBLIC FUNDS 1. May a municipality use money to support or oppose a candidate? No.Municipalities,school districts,and regional educational attendance areas(REAA),or another political subdivision of the state as well as an officer or employee of the above entities may not use municipal funds to influence the outcome of the election of a candidate to state or municipal office. The state,its agencies,its corporations and the University of Alaska and its Board of Regents are also prohibited from spending state funds to influence the outcome of an election of a candidate to state or municipal office. (AS 15.13.145(a)) 2. May a municipality use money to support or oppose a ballot proposition?4 Yes.A municipality may use public funds to influence the outcome of an election concerning a ballot proposition or question,but only if the funds have been specifically appropriated.(AS 15.13.145(b)&2 AAC 50.356(a)) 3. How may a municipality spend public funds if no money has been specifically appropriated? Money held by a municipality may be used to: • disseminate information about the date and time and place of an election and to hold an election, • and to provide the public with nonpartisan information about a ballot proposition or question or about all the candidates seeking election to a particular office.(AS 15.13.145(c)) Information is nonpartisan if it does not advocate a position in an election. Nonpartisan information includes the official language of a ballot question,a neutral ballot summary,or if provided for all candidates seeking a particular office,the candidates'names,contact information,or statements.(2 AAC 50.356(c)) t ,4.What are the reporting requirements if a Municipality spends public funds? When a municipality spends funds,either appropriated or to produce nonpartisan information,the expenditures must be reported to the Commission in the same manner as an individual is required to report. (AS 15.13.145(d)) The municipality must file a"Statement of Independent Expenditures" (Form 15-6),within 10 days of making the expenditure.(AS 15.13.040(d)(e)) 5. If the municipality limits its activity to publishing notices of the election are there reporting requirements? No.Only expenditures intended to influence the outcome of an election(including nonpartisan materials)must be reported to the APOC.(2 AAC 50.360 (b)) 46.What type of Identifier must the communications have? All communications intended to influence the outcome of an election must have a"Paid for by"Identifier(Notices of the election do not need an identifier).The words"Paid for by"must appear followed by the name of the municipality and address.A contact person's name is recommended.(AS 15.13.090) In addition,by administrative regulation all communications which are paid for by a municipality and which are related to an election are considered to be intended to influence the outcome of an election,unless they are only notices of the election or are required by statute,charter or ordinance. (2 AAC 50.360(b)). Rev.(02/08) doa.alaska.gov/apoc/FAQs/munifaq.html 37 1/2 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 FINANCIAL DISCLOSURE STATEMENT FOR: PUBLIC OFFICIALS,LEGISLATORS & CANDIDATES • EXECUTIVE BRANCH: Governor,Lt. Gov., commissioners, directors, special assistants and legislative liaisons;state boards and commissions;procurement and investment officers; city/borough officials; candidates. JUDICIAL BRANCH: Justices,judges and magistrates. LEGISLATIVE BRANCH: Legislators, legislative directors, Select Committee on Legislative Ethics. FOR MORE INFORMATION,LAWS AND REGULATIONS:visit APOC online at:doa.alaska.gov/apoc. Contact APOC directly: • ANCHORAGE:2221 E.Northern Lights Blvd.,Room 128,Anchorage,AK 99508/907-276-4176/Fax 907-276-7018 • JUNEAU:240 Main St.,Room 500/P.O.Box 110222,Juneau,AK 99811 /907-465-4864/Fax 907-465-4832 • TOLL-FREE: 800-478-4176/Online contact info:http://doa.alaska.gov/apoc/ THIS IS A PUBLIC DOCUMENT—DO NOT INCLUDE CONFIDENTIAL INFORMATION (i.e.,SOCIAL SECURITY NUMBERS,ACCOUNT NUMBERS) THIS REPORT IS A SWORN STATEMENT. YOUR SIGNATURE ON THE.LAST PAGE CERTIFIES THAT THIS DISCLOSURE IS TRUE, CORRECT and COMPLETE. NAME: MAILING ADDRESS: Street Address or P.O.Box,City,Zip Code CONTACT PHONE(S): Fax: E-MAIL: SPOUSE/DOMESTIC PARTNER: DEPENDENT CHILDREN: NON-DEPENDENT CHILDREN LIVING WITH YOU: Report number of children,including stepchildren,adoptive children.Legislative filers:List non-dependent children living with you. NAME NON-DEPENDENT CHILDREN LIVING with YOU: 'WHY ARE YOU FILING?I ❑ OFFICE HOLDER or ❑ CANDIDATE OFFICE HELD OR SOUGHT: (Municipal Filers: Include the office and the name of your Municipality) ❑ INITIAL STATEMENT: Due 30 days from appointment for new public officials (and annually thereafter). ❑ ANNUAL STATEMENT: Due by March 15—for incumbent officials. ❑ FINAL STATEMENT: Due 90 days after leaving office—From through (Include all information not reported on a previously filed statement through your last day of office.) ❑ CANDIDATE STATEMENT: Due when filing declaration of candidacy GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY: IF YOU HAVE NOTHING,;TO REPORT or REQUESTED. USE EXTRA PAGES IF For example,check multiple boxes A SECTIONDOES NOT APPLY TO YOU, NECESSARY. for joint property owners CHECK"NONE" Financial Disclosure Statement[Rev.January,2012] Page 1 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 SCHEDULE A: SOURCES OF INCOME OVER$1,000 1. SALARIED EMPLOYMENT NONE: check box —> ❑ • Income means anything of value and covers all forms of compensation or benefits received from an employer; compensation or benefits include wages,salary,commissions,tips,bonuses,housing,use of an automobile and deferred compensation. • Report each employer who paid you,your spouse,domestic partner or children covered by reporting requirements more than$1,000.Include amount of income,dates of employment,terms of employment,amount of time worked. Describe the work performed in sufficient detail to make it clear to a person of ordinary understanding. • PLEASE NOTE:2 AAC 50.685(c)The amount of any income more than$1,000 that must be reported,or the value of a gift more than$250 that must be reported,may be stated in a range rather than as an exact amount.The ranges to be used for this purpose are the following:(1)more than$250 and no more than$1,000,for gifts only;(2)more than$1,000 and no more than$2,000;(3)more than$2,000 and no more than$5,000;(4) more than$5,000 and no more than$10,000; (5)more than$10,000 and no more than$20,000;(6)more than$20,000 and no more than $50,000;(7)more than$50,000 and no more than$100,000;(8)more than$100,000 and no more than$200,000; (9)more than$200,000 and no more than$500,000;(10)more than$500,000 and no more than$1,000,000; (11) more than$1,000,000. EARNED BY: ❑ Filer/❑ Spouse/domestic partner/❑ Child/Total income: $ ❑ Full-time ❑Part-time ❑ Seasonal ❑ Commission ❑ Project ❑Hourly/Dates: If work is not full-time,specify amount of time worked(months/days/hours): Employer: Address: DETAILED DESCRIPTION of SERVICES PROVIDED: EARNED BY: [' Filer/❑ Spouse/domestic partner/❑ Child/Total income: $ ❑ Full-time ❑Part-time ❑ Seasonal ❑ Commission ❑ Project ❑ Hourly/Dates: If work is not full-time,specify amount of time worked(months/days/hours): Employer: Address: • DETAILED DESCRIPTION of SERVICES PROVIDED: EARNED BY: ❑ Filer/❑ Spouse/domestic partner/❑ Child/Total income: $ ❑ Full-time ❑Part-time ❑ Seasonal ❑ Commission ❑ Project ❑Hourly/Dates: If work is not full-time,specify amount of time worked(months/days/hours): Employer: Address: DETAILED DESCRIPTION of SERVICES PROVIDED: GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF For example,check multiple boxes A SECTION DOES NOT APPLY TO YOU, NECESSARY. for joint property owners CHECK"NONE"' Financial Disclosure Statement[Rev.January,2012] Page 2 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 SCHEDULE A: SOURCES OF INCOME OVER$1,000 2. SELF-EMPLOYMENT NONE: check box —* ❑ • List each source of self-employment income over$1000 by name and amount.Income means anything of value and covers all forms of compensation,including deferred income and attorney contingency fees.For clarification,see AS 39.50.200(10),"source of income";2 AAC 50.799(a),definition of.self-employment;2 AAC 50.695,reporting deferred income;and 2 AAC 50.704—reporting income from attorney contingency fee agreements. • Disclose each client,customer or business that paid you,your spouse/domestic partner or child more than$1,000. Self-employment includes sole proprietors,partnerships,limited liability companies,professional corporations.See 2 AAC 50.700(a) • Disclose income from corporations in which the filer,alone or in combination with one or more family members, holds a controlling interest as defined under 2 AAC 50.700(b) • Exemptions:To obtain an exemption,you must qualify under the law,you must file a written request,and you must receive an exemption from the commission.Exemption rules:AS 39.50.035,2 AAC 50.775,2 AAC 50.821 • For detailed information on source of income see AS 39.50.200(10)"source of income". EARNED BY: ❑ Filer/❑ Spouse/domestic partner/❑ Child/Total income: $ ❑ Full-time ❑ Part-time ❑ Seasonal ❑ Commission ❑ Project ❑Hourly/Dates: If work is not full-time,specify amount of time worked (months/days/hours): Business name: Client/Customer name: Client/customer address: DETAILED DESCRIPTION of services provided: EARNED BY: ❑ Filer/❑ Spouse/domestic partner/❑ Child/Total income: $ ❑ Full-time ❑ Part-time ❑ Seasonal ❑ Commission ❑ Project ❑Hourly/Dates: If work is not full-time,specify amount of time worked (months/days/hours): Business name: Client/customer name: Client/customer address: DETAILED DESCRIPTION of services provided: Client/customer address: DETAILED DESCRIPTION of services provided: • GIVE DETAILED DESCRIPTIONS WHERE, CHECK ALL BOXES THAT APPLY. IFYOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF ' For example,check multiple boxes A SECTION DOES NOT APPLY TO YOU, NECESSARY. forjointproperty owners CHECK"NONE" Financial Disclosure Statement[Rev.January,2012] Page 3 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 4.RENTAL INCOME NONE: check box--> ❑ • If any person paid more than$1000 in rent during the preceding calendar year,report the name of the person and the amount of the rent paid,and, if the property is managed by a person other than the filer or a family member of the filer,additionally report the manager's name.2 AAC 50.725 Disclose the location of the property under"Real Property Interests" • OWNER y ti ' " kA NANTS WHOP -,_ _ AID>$1,000 = TE AMOUNT e Q . ❑• Filer ;•;❑-Spouse or; domestic.partner ❑Child 2 V ❑ CO-owner; -with others 5.DIVIDENDS and INTEREST NONE: check box—* ❑ • The 2011 PFD Amount is$1,174.00.Please remember to add your PFDs to this section if applicable. • Disclose source and amount of income over$1000 received from dividends,interest and other distributions of earnings from a business or investment • Include dividends or interest received from bank accounts,capital gains,money market accounts,certificates of deposit,Native corporation dividends,Permanent Fund dividends • Note:This section refers only to amounts received during the reporting period;there is a separate section for disclosing business interest information. "RECIPIENT S, SOURCE , AMOUNT, ❑Filer 0 Child ❑Spouse/partner 0 Filer 0 Child ❑Spouse/partner 0 Filer 0 Child 0 Spouse/partner 0 Filer 0 Child ❑Spouse/partner ❑Filer 0 Child • ❑Spouse/partner 0 Filer 0 Child ❑Spouse/partner GIVE DETAILED DESCRIPTIONS WHERE. CHECK ALL BOXES THAT APPLY. IF YOU'HAVE NOTHING TO REPORT or REQUESTED._USE EXTRA PAGES IF, . For example,check multiple boxes . A SECTION DOES NOT APPLY TO YOU, NECESSARY., for joint property owners CHECK"NONE" Financial Disclosure Statement[Rev.January,20121 41 Page 4 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT • Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 6. OTHER INCOME NONE: check box--* ❑ List source and amount of income over$1,000 not listed elsewhere in this form, including sale of goods or property,taxable capital gains,pensions,retirement account cash-outs, government entitlements,alimony or child support payments,honoraria and any other payments not otherwise accounted for. E' ❑Filer 0 Child ❑Spouse/partner 0 Filer❑Child ❑Spouse/partner 0 Filer ❑Child 0 Spouse/partner 0 Filer 0 Child 0 Spouse/partner 0 Filer ❑Child 0 Spouse/partner 0 Filer 0 Child 0 Spouse/partner 7. GIFTS WORTH MORE THAN$250 NONE: check box-5 ❑ • Public Official Filers ONLY-Legislative filers are NOT required to fill in this section. • Legislators must submit more detailed disclosure reports to the Legislative Ethics Committee. • Report all gifts worth more than$250(including gifts from a single source with a cumulative value of more than $250).Include travel expenses,discounts not available to the public, loans forgiven or loans paid by a third party. Do not report gifts from spouse,domestic partner,parent,dependent child,sibling,grandparent,aunt,uncle,niece or nephew. RECIPIENT ';". . DESCRIPTION „ SOURCE VALUE 0 Filer 0 Child 0 Spouse/partner ❑Filer 0 Child ❑Spouse/partner 0 Filer 0 Child ❑Spouse/partner ❑Filer 0 Child ❑Spouse/partner ❑Filer ❑Child ❑Spouse/partner . , GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHINGTO REPORT or REQUESTED. USE EXTRA PAGES IF For example,check multiple boxes A SECTION DOES.NOT APPLY TO YOU, NECESSARY. for joint property owners CHECK"NONE" Financial Disclosure Statement[Rev.January,20121 Page 5 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 SCHEDULE B BUSINESS INTERESTS NONE: check box-+ ❑ Report business interests even if they were NOT a source of income, including businesses in which the filer or family member(spouse, domestic partner, dependent children and,for legislative branch filers ONLY- nondependent children living with the filer): 1)Served as stockholder, owner, officer, director, partner,proprietor,employee, or held an interest. 2)Had ownership interests of more than$1,000 in a publicly traded corporation. 3)Had any other ownership interest in a business, including shares in non-publicly traded corporations,sole proprietorships, or limited liability companies.Include options to buy. 4)Include non-profit organizations, corporations,businesses, associations,trade groups. If the business was a source of income over$1,000,it must also be reported in Schedule A. ❑ Filer/❑ Spouse/domestic partner/❑ Child/Position/Type of interest: Business name: Business address: DETAILED DESCRIPTION of business activity: ❑ Filer/❑ Spouse/domestic partner/❑ Child/Position/Type of interest: Business name: Business address: DETAILED DESCRIPTION of business activity: ❑ Filer/❑ Spouse/domestic partner/❑ Child/Position/Type of interest: Business name: Business address: DETAILED DESCRIPTION of business activity: ❑ Filer/❑ Spouse/domestic partner/❑ Child/Position/Type of interest: Business name: Business address: DETAILED DESCRIPTION of business activity: GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED: USE EXTRA PAGES IF For example,check multiple boxes A SECTION DOES NOT APPLY TO YOU, NECESSARY. for joint property owners CHECK"NONE" Financial Disclosure Statement[Rev.January,2012] Page 6 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 SCHEDULE C REAL PROPERTY INTERESTS NONE: check box—* ❑ • PLEASE NOTE:Report an interest in real property by the address or other legal description of the property,except that a primary residence or recreational property held for personal use may be described only by zip code.2 AAC 50.720 (Enter'Not Reported' for Address and City if this applies to you.) • Report the nature of the interest that the filer or family member held in the property;the nature of interests to be reported includes fee simple ownership,tenancy in common,general or limited partnership interest,and holder of an option to purchase.If property is jointly owned,check all boxes that apply OWNER(S): ❑ Filer/❑ Spouse/domestic partner/❑ Child/❑ Other co-owner: Street address or legal description: City or Borough/State: • Ownership interest: (Such as fee simple ownership,tenancy in common,general or limited partnership interest,and holder of an option to purchase) OWNER(S): ❑ Filer/❑ Spouse/domestic partner/❑ Child/❑ Other co-owner: Street address or legal description: City or Borough/State: Ownership interest: (Such as fee simple ownership,tenancy in common,general or limited partnership interest,and holder of an option to purchase) OWNER(S): ❑ Filer/❑ Spouse/domestic partner/❑ Child/❑ Other co-owner: Street address or legal description: City or Borough/State: Ownership interest: (Such as fee simple ownership,tenancy in common,general or limited partnership interest,and holder of an option to purchase) OWNER(S): ❑ Filer/❑ Spouse/domestic partner/❑ Child/❑ Other co-owner: Street address or legal description: City or Borough/State: Ownership interest: (Such as fee simple ownership,tenancy in common,general or limited partnership interest,and holder of an option to purchase) • OWNER(S): ❑ Filer/❑ Spouse/domestic partner/❑ Child/ ❑ Other co-owner: Street address or legal description: City or Borough/State: Ownership interest: (Such as fee simple ownership,tenancy in common,general or limited partnership interest,and holder of an option to purchase) GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED: USE EXTRA PAGES IF For example,check multiple boxes. A SECTION DOES NOT APPLY TO YOU, NECESSARY. for joint property owners CHECK"NONE" Financial Disclosure Statement[Rev.January,2012] ' Page 7 of 12 • ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 SCHEDULE D TRUSTS,RETIREMENT ACCOUNTS OR OTHER BENEFICIAL INTERESTS OVER$1,000 NONE: fI • Report each trust,retirement account or other beneficial interest that exceeded$1,000 during the reporting period, including a state or federally administered retirement system plan,employee pension plans,profit-sharing trusts, family trust,education trusts,deferred compensation plans, annuity plans or any other similar arrangement intended to provide future income the filer or family member. • Identify individual investments accounts if you or family members manage or personally control the investments. ASSETS—OWNED BY: ❑ Filer/❑ Spouse/domestic partner/❑ Child/PERCENT: ASSETS—MANAGED BY: ASSETS—IDENTIFY FUND or COMPANIES: ASSETS—OWNED BY: ❑ Filer/❑ Spouse/domestic partner/❑ Child/PERCENT: ASSETS—MANAGED BY: ASSETS—IDENTIFY FUND or COMPANIES: ASSETS—OWNED BY: ❑ Filer/❑ Spouse/domestic partner/❑ Child/PERCENT: ASSETS—MANAGED BY: ASSETS—IDENTIFY FUND or COMPANIES: ASSETS—OWNED BY: ❑ Filer/❑ Spouse/domestic partner/❑ Child/PERCENT: ASSETS—MANAGED BY: ASSETS—IDENTIFY FUND or COMPANIES: ASSETS—OWNED BY: ❑ Filer/❑ Spouse/domestic partner/❑ Child/PERCENT: ASSETS—MANAGED BY: ASSETS—IDENTIFY FUND or COMPANIES: •GIVE DETAILED DESCRIPTIONS WHERE .S CHECK ALL BOXES THAT APPLY IF YOU HAVE NOTHING'TO REPORT or REQUESTED 'USE EXTRA PAGES IF For example;.check multiple boxes AASECTION DOES NOT APPLY TO YOU, ` ' NECESSARY. = for joint property owners, CHECK"NONE" Financial Disclosure Statement[Rev.January,2012] Page 8 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 SCHEDULE E 1. LOANS, LOAN GUARANTEES & DEBTS OVER$1,000 NONE: check box-* ❑ • Report each creditor or lender to whom more than$1,000 was owed during the reporting period. • Report guarantor of each loan. • List financial obligations, including mortgages on property owned or sold during the reporting period; loans that have been guaranteed;delinquent taxes;alimony; child support payments;medical bills;boat and vehicle loans; business and personal loans; escrows;student loans; signature loans and promissory notes. • Loans include secured,unsecured and contingent loans. • Do NOT list credit card obligations or revolving charge accounts. DEBTOR: ❑ Filer/❑ Spouse/domestic partner/❑ Child ❑ LENDER/❑ CREDITOR/['GUARANTOR/NAME: DEBTOR: ❑ Filer/❑ Spouse/domestic partner/❑ Child ❑ LENDER/❑ CREDITOR/❑GUARANTOR/NAME: • DEBTOR: ❑ Filer/❑ Spouse/domestic partner/❑ Child ❑LENDER/❑ CREDITOR/❑GUARANTOR/NAME: DEBTOR: ❑ Filer/❑ Spouse/domestic partner/❑ Child ❑ LENDER./❑ CREDITOR/❑GUARANTOR/NAME: 2. FOR LEGISLATIVE BRANCH FILERS ONLY NONE: check box— n Legislative branch filers must report additional details:original amount of the obligation,the current balance owed,interest rate,length of the loan and whether a written agreement exists for a creditor or lender who: • Lobbies or hired lobbyists • Had contracts or sought contracts worth more than$10,000 with any state agency • Was a municipal or local government entity • Was affected financially—in an amount exceeding$1,000—by an act of the legislature or state agency decision,including actions affecting professional or occupational licenses;natural resource permits or quotas;assessments;tax rates;health,safety or environmental standards;insurance or business practices. _ i _ _ DEBTOR: ❑ Filer/❑ Spouse/domestic partner/❑ Child ❑ LENDER or ❑ CREDITOR/Name: • Address: Original loan: $ Balance owed: $ Interest rate: Term: ❑ years ❑ . months/ WRITTEN LOAN AGREEMENT? ❑ Yes/❑No CHECK ALL'BOXES THAT APPLY. IF YOU HAVE NOTHING'TO REPORT or GIVE DETAILED DESCRIPTIONS,-WHERE � REQUESTED. USE EXTRA PAGES IF For example,check,multiple boxes` A SECTION DOES NOT APPLY TO YOU, NECESSARY. for joint property'owners CHECK"NONE Financial Disclosure Statement[Rev.January,2012] Page 9 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 SCHEDULE F 1. GOVERNMENT CONTRACTS & OFFERS TO CONTRACT NONE: check box-* ❑ • List all contracts, bids and offers to contract with the state or any state or municipal agency or entity. • Report contract interests as individual,sole proprietor,family member,partnership, professional corporation, limited liability company, or through a corporation in which filer or family members held a controlling interest. CONTRACTOR: ❑ Filer/❑ Spouse/domestic partner/❑ Child/TYPE of INTEREST: ❑ Bid/❑ Offer/❑ Held/CONTRACT ID (name/number): CONTRACTING AGENCY: CONTRACT DESCRIPTION: CONTRACTOR: ❑ Filer/❑ Spouse/domestic partner/❑ Child/TYPE of INTEREST: ❑ Bid/❑ Offer/❑Held/CONTRACT ID (name/number): CONTRACTING AGENCY: CONTRACT DESCRIPTION: 2. NATURAL RESOURCE LEASES NONE: check box—* ❑ • List natural resource leases—including mineral,timber, oil and gas leases—held,bid or offered during the reporting period. • Report lease interests as individual,sole proprietor,family member,partnership,professional corporation, limited liability company, or corporation in which you or family(individually or together)held controlling interest. LEASEHOLDER: ❑ Filer/❑ Spouse/domestic partner/❑ Child/TYPE of INTEREST: ❑ Bid/❑ Offer/❑ Held/LEASE ID(name/number): LEASE DESCRIPTION: LEASEHOLDER: ❑ Filer/❑ Spouse/domestic partner/❑ Child/TYPE of INTEREST: ❑ Bid/❑ Offer/❑ Held/LEASE ID (name/number): LEASE DESCRIPTION: GIVE DETAIL'ED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED: USE EXTRA.PAGES IF r ,For example,checkmultiple boxes` A SECTION DOES NOT APPLY TO YOU, NECESSARY.. for joint,property owners CHECK"NONE Financial Disclosure Statement[Rev.January,20121 Page 10 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—Dec. 31, 2011 SCHEDULE G 1. CLOSE ECONOMIC ASSOCIATIONS NONE: check box--> ❑ • EXEMPT: • Municipal and local officials and members of state boards and commissions are exempt from reporting close economic associations. Check the box for NONE. • NOT EXEMPT: • STATE PUBLIC OFFICIALS:Disclose financial relations with legislators,other public officials and lobbyists. • LEGISLATIVE BRANCH:Disclose financial relations with public officials,lobbyists,other legislators,and legislative employees.Report close economic association detailed information to the Legislative Ethics Committee. • DEFINITION: • CLOSE ECONOMIC ASSOCIATION means a financial relationship between public officials,legislators and lobbyists,including shared interests in a business,property,association,partnership,corporation or LLC. • CHANGES:Report new close economic associations within 60 days. PERSON DISCLOSING ECONOMIC ASSOCIATION: ❑ Filer/❑ Spouse/domestic partner/❑ Child PERSON with WHOM ASSOCIATION EXISTS: DESCRIPTION of ECONOMIC ASSOCIATION: PERSON DISCLOSING ECONOMIC ASSOCIATION: ❑ Filer/❑ Spouse/domestic partner/❑ Child PERSON with WHOM ASSOCIATION EXISTS: DESCRIPTION of ECONOMIC ASSOCIATION: 2. FILERS WITH A LOBBYIST SPOUSE or DOMESTIC PARTNER NONE: check box-* ❑ • EXEMPT: Local officials and members of state boards and commissions are exempt. Check NONE. • STATE PUBLIC OFFICIALS with a lobbyist spouse or domestic partner: Report names and addresses of each employer of the lobbyist and the total monetary value received from each of the lobbyist's employers. • LEGISLATIVE BRANCH filers with a lobbyist spouse or domestic partner: Disclose employer of lobbyist and compensation,and report details to the Legislative Ethics Committee. • CHANGES:Report changes in lobbyist's employer within 48 hours of the change. LOBBYIST'S`EMPLOYER! NAME&ADDRESS -COMPENSATION GIVE DETAILED DESCRIPTIONS WHERE CHECK ALL BOXES THAT APPLY. IF YOU HAVE NOTHING TO REPORT or REQUESTED. USE EXTRA PAGES IF For example,check multiple boxes A SECTION DOES NOT APPLY TO YOU, NECESSARY. for Joint property owners CHECK"NONE" ` Financial Disclosure Statement[Rev.January,2012] Page 11 of 12 ALASKA PUBLIC OFFICES COMMISSION 2012 FINANCIAL DISCLOSURE STATEMENT Covers the reporting period Jan. 1, 2011—. Dec. 31, 2011 CERTIFICATION I certify underpenaltyof perjury that the foregoing is true and the information in this disclosure statement is,to the best of my knowledge, true, correct and complete. A person who makes a false sworn certification which he or she does not believe to be true is guilty of perjury. SIGNATURE: If you are filing online,you must have an Electronic Filing Agreement with APOC to use an electronic signature. NAME of FILER DATE&PLACE SIGNED/FILED All officials and candidates who are required to file disclosure statements are solely responsible for filing complete, accurate and truthful statements by the deadlines. WHERE TO FILE THIS STATEMENT STATE OFFICIALS: File initial, annual and final statements with the Alaska Public Offices Commission. STATE CANDIDATES: File with the Division of Elections along with Declaration of Candidacy. BOROUGH/MUNICIPAL/CITY OFFICIALS and CANDIDATES: File with city or borough clerk where you hold or seek office. FILE ELECTRONICALLY to APOC: doa.apoc.reportsnalaska.Eov I .THIS IS A.PUBLIC DOCUMENT NOTE:Public officials who are required to file this disclosure statement may have additional obligations to disclose conflicts of interest or potential conflicts under state executive,legislative or judicial ethics rules or personnel rules.Legislators who are required to file this disclosure statement have additional disclosure and reporting requirements imposed by the Select Committee on Legislative Ethics.Local officials may also be governed by local ethics ordinances or personnel rules. Laws and regulations are online at http://doa.alaska.gov/apoc/or are available from APOC offices. ALASKA PUBLIC OFFICES COMMISSION ANCHORAGE OFFICE: JUNEAU OFFICE: 2221 E.Northern Lights Blvd—Room 128 240 Main St.—Room 500 Anchorage,AK 99508-4149 Mail:P.O.Box 110222 907-276-4176 I Toll-free 800-478-4176 Juneau, AK 99811-0222 Fax 907-276-7018 907-465-4864/Fax 907-465-4832 E-mail APOC: doa.apoc@alaska.gov File electronic disclosure statements to: doa.apoc.reports@alaska.gov GIVE DETAILED DESCRIPTIONS WHERE 'CHECK ALL BOXES'THAT APPLY." IF YOU'HAVE NOTHING TO REPORT or REQUESTED USE`EXTRA PAGES'IF For example,:check multiple boxes; " A SECTION°DOES NOT APPLY`TOYOU,,• NECESSARY for joint property owners - CHECK"NONE Financial Disclosure Statement[Rev.January,2012] Page 12 of 12