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HomeMy WebLinkAboutNon CodeOrd2008-005Sponsored by: City Clerk Introduction Date: March 24, 2008 Public Hearing Date: April 14, 2008 Postponed: Apri128, 2008 Enactment Date: Apri128, 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 r"' 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 THE CITY OF SEWARD ORDAINS that: CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2008-005 Section I. 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 Disclosure Law) relating to disclosure statements and conflicts of interest, and requires establishment of local guidelines. 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 28`" day of April 2008. CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2008-005 THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN ATTEST: Bardarson, Valdatta, Kellar, Dunham, Amberg, Corbridge None Smith None Je n Lewis I ~~}.~~. C y Clerk ~-~ (City Seal) .••;~ OF SE,~;r,'•., •• •f,.n....y~n ~ ~I • • S A,y :,: z .r.:J ~ SS i ,ti~ Council Agenda Statement Meeting Date: March 24, 2008 To: Mayor Corbridge, City Council From: Jean Lewis, City Clerk V ~~~~ Agenda Item: APOC Financial Di los~ue 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 maybe submitted by the city councilor borough assembly by ordinance orb initiative election" ~.., ~` ... 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 ~ ~ ~. Ina 3/12108 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. G .! r.. Around half of Alaska's 200+ communities have already voted to be exempt from state disclosure requirements. Tlus list is also ~ ~~~ ' 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 ~ ~ 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 internet, 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 instihtted later to provide adequate safeguards for the public. Other places for information and research: www.apoc.alaska.aov Find bills at BASIS www.leeis.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 V 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 wldisclosed 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 Depamnent: -+~~~~-~ ,Q' 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. .! -