HomeMy WebLinkAboutOrd2019-006 - Introduction Failed Sponsored by: City Attorney
Failed Introduction Date: January 28, 2019
CITY OF SEWARD, ALASKA
ORDINANCE 2019-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROPRIATING $500.00 FROM THE GENERAL FUND
BALANCE TO ADVOCATE AND PROVIDE THE PUBLIC
INFORMATION REGARDING REFERENDUM NO. 1 WHICH IS TO BE
DECIDED DURING THE SPECIAL ELECTION TO BE HELD MARCH
19, 2019
WHEREAS, the City of Seward ("City") will hold a special election on March 19, 2019
during which voters will decide whether to support Referendum No. 1 regarding whether to
repeal City Ordinance No. 412; and
WHEREAS, City Ordinance No. 412 was adopted on September 8, 1975 and was
entitled, "AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SEWARD, ALASKA,
REJECTING THE APPLICATION OF THE PUBLIC EMPLOYMENT RELATIONS ACT TO
THE CITY OF SEWARD"; and
WHEREAS, Ordinance No. 412 exempts City employees from the requirements of the
Public Employment Relations Act("PERA"); and
WHEREAS, passage of Referendum No. 1 would mean that City employees are subject
to the requirements of PERA; and
WHEREAS, the City may choose to advocate against Referendum No. 1; and
WHEREAS, Alaska Statute ("AS") 15.13.145 requires that a municipality appropriate
funds via an ordinance if the funds will be used to influence the outcome of an election; and
WHEREAS, the City Council finds it in the public's interest to advocate for and provide
information with regards to Referendum No. 1 and to appropriate funds to that end.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. That $500.00 is hereby appropriated from the general fund balance for the
purpose of supporting the passage of Referendum No. 1, including, without limitation,
advertisements in print and broadcast media, brochures and posters, and including, without
limitation, the provision of information that may influence the outcome of the election.
Section 2. This ordinance shall take effect immediately following its enactment.
CITY OF SEWARD, ALASKA
ORDINANCE 2019-006
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 1l`t'day of February, 2019.
THE CITY OF SEWARD, ALASKA
FAILED INTRODUCTION
David Squires, Mayor
AYES: Squires
NOES: Lane, Horn, McClure, Towsley, Seese, Osenga
ABSENT: None
ABSTAIN: None
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal)
COUNCIL AGENDA STATEMENT
Meeting Date: January 28, 2019
To: Seward City Council
From: Jack McKenna, City Attorney
Agenda Item: Appropriating $500.00 From The General Fund Balance To Advocate And
Provide The Public Information Regarding Referendum No. 1 Which Is
To Be Decided During The Special Election To Be Held March 19, 2019.
BACKGROUND & JUSTIFICATION:
On January 14, 2019, a Referendum Petition to repeal Ordinance No. 412 was certified. Pursuant to
Seward City Code ("SCC") 4.15.050(a), a special election must be held within 75 days of the petition's
submission to the City Council if no regularly scheduled election will occur during that time. City
Council therefore scheduled a Special Election for March 19, 2019 to decide Referendum No. 1.
The City may wish to provide information to the voters of Seward to assist them in making an informed
decision. The City may also choose to take a position on the referendum and expend funds that could
influence the outcome of the election. Alaska Statute 15.13.145 requires that a municipality appropriate
funds via an ordinance if the funds will be used to influence the outcome of an election. To that end, the
City Council will consider which, if any, of three ordinances to adopt. The City Council has three
options: to remain neutral in the delivery of the information (Ord 19-004), to take a position in opposition
to the referendum (Ord 19-005), or to support the referendum (Ord 19-006).
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here):
2. Strategic Plan (document source here) :
3. Other (list):
FISCAL NOTE:
Approved by Finance Department: _______________________________________
ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______
RECOMMENDATION:
Enact Ordinance 2019-004, 2019-005, or 2019-006.