HomeMy WebLinkAboutOrd1991-652
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Sponsored by: Burqess
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 652
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY,'
OF SEWARD, ALASKA, CLARIFYING EXECUTIVE PRIVILEGE
AND AMENDING ~ 2.05.030 F. OF THE SEWARD CI~Y CODE
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WHEREAS, the concept of executive privileg~has been thorough-
ly debated by the City Council in the enactm~nt of Ordinance No.
642 authorizing a restricted form of execu~i~e privilege; and
WHEREAS, in enacting Ordinance NO./6~2 the City Council did
not intend to create, either direct:J..y or by implication, any
restrictions on Council access to doCuments prepared within the
city; and /
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WHEREAS, the so-called "le'gislative executive privilege"
historically used at the national presidential level to restrict
access to documents of the e:l<:ecutive branch by the legislative
branch is not intended to//be permitted by the enactment of
Ordinance No. 642; ,/
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NOW, THEREFORE,
HEREBY ORDAINS that:
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THE;-'CITY COUNCIL OF THE CITY OF SEWARD,
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ALASKA
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Section 1. A ,new subsection (3) of Subsection F. of Seward
City Code ~ 2.05.030 is hereby enacted to read as follows:
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3. ,Nothing in this subsection shall be construed
to opera,'te as a restriction on documents wi thin the
possess,Zon of the city from review or access by city
counc~members in conjunction with the performance of
theiv prescribed duties. no councilmember may be denied
acs~ss to any document solely because of any claim of
e~cutive privilege.
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r'section 3. This ordinance shall take effect ten (10) days
fo owing its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
this day of , 1991.
THE CITY OF SEWARD, ALASKA
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DAVID L. HILTON, MAYOR
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Introduced by Burgess
CITY OF SEWARD, ALASKA
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
CLARIFYING EXECUTIVE PRIVILEGE AND AMENDING
S 2.05.030 F. OF THE SEWARD CITY CODE
WHEREAS, the concept of executive privilege has been
thoroughly debated by the city council in the enactment of
Ordinance 642 authorizing a restricted form of executive
privilege; and
WHEREAS, in enacting Ordinance 642 the city council did
not intend to create, either directly or by implication, any
restrictions on council access to documents prepared within the
city; and
WHEREAS, the so-called "legislative executive
privilege" historically used at the national presidential level
to restrict access to documents of the executive branch by the
legislative branch is not intended to be permitted by the
enactment of Ordinance 642;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that :
Section 1. A new subsection (3) of Subsection F. of
SCC S 2.05.030 is enacted to read as follows:
3. Nothing in this subsection shall be
construed to operate as a restriction on
documents within the possession of the city
from review or access by city councilmembers
in conjunction with the performance of their
prescribed duties. No councilmernber may be
denied access to any document solely because
of any claim of executive privilege.
Section 2. This ordinance shall take effect 10 days
after enactment.
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ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, this day of , 1991.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
WILLIAM C. NOLL, MAYOR
APPROVED AS TO FORM:
PERKINS COlE, Attorneys
for the City of Seward, Alaska
Linda Murphy, CMC
City Clerk
Fred B. Arvidson
City Attorney
(City Seal)
Introduced by:
Introduction Date:
Public Hearing &
Enactment Date: