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HomeMy WebLinkAboutNon-CodeOrd2008-017Sponsored 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 $1,500 WHEREAS, the Seward city council passed anon-code ordinance on April 28, 2008 to submit Proposition #I [o the qualified voters at [he October 7, 2008 regular municipal election to exempt the City of Seward municipal elected and appointed ofLcials from the State of Alaska Public OfScial Financial Discbsurc law requirements of Chapter 39.50; and WHEREAS, [he Seward city council passed Resolution 2008-042 on May 12, 2008 which approved and adopted a new City of Seward Pinancial Disclosure form for all of its elected and appointed officials to take effect immediately upon passage of Proposition #1 al the municipal election held October 7, 2008; and WHEREAS, 2 AAC 50.356 and 2 AAC 50.360 allow for municipalities to seek budgeted municipal funds to influence the outcome of an election and require registering and reporting under AS 14.13.040 and A$ ] 5.13.050; 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 [he outcome of an election; and WHEREAS, under AS15.13.145, 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 TAE CITY COUNCIL OF THE CITY OF SE WARD, ALASKA [hat: Section 1. The Ci[y Council hereby appropriates and suthorizes 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 ofthe StateofAlaska Public Official Financial Disclosure Law, with the potential to influence the outcome of the election. 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. 2008. ENACTED by the City Council of the Ciry of Seward, Alaska, this 28th day of August, THE CITY OF SEWARD, ALASKA ~ n ~ Clark Cor/bridge, Mayor AYES: Dunham, Valdatta, Bardazson, Amberg, Smith, Kellar, Corbridge NOES: None ABSENT: None ABSTAIN: None ATTEST: ~~... Nppuuq~ ~:. ~ ax_. Y~•..... ~1(,`r~ ~I O•••t pF.SE1~% Jean Lewis ~ ,;•4\~. +'RPOR~`~gT ~ity Clerk a 3 _ y • ~ s~:~~ (City Seal) ~ -e-- OF Council Agenda Statement Meeting Date: Angust 11, 2008 To: Mayor Corbridge, City Council Members From: Jean Lewis, City Clerl~ 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 arc 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 ofAS 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 [his 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 Ci[y 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 50360 and AS 15.13.140-155. INTENT: To expend public funds for non-partisan ballot summary issues related to Proposition fl] which exempts the City of Seward elected and appointed officials from the State of Alaska Public Official Disctosure Law and could influence the outcome of the election. CONSISTENCY CHECKLIST: Where applicablq 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: s The amount of $L,500 is an estimate. Funding for this appropriation is available between the city council promotion and election budget. Approved by Finance Department: JVt~~G/tL RECOMMENDATION: City Council introduce and enact Non-Code Ordinance 2008-017 appropriating fiords 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 ofAlaska Public Officials Disclosure Law and adopts its own form and guidelines upon passage.