HomeMy WebLinkAboutORDINANCE 0359-1977CITY OF KENAI
ORDINANCE NO. 359-77
AN ORDINANCE REQUIRING DISCLOSURE OF FINANCIAL A."TD BUgINESS INTERESTS
OF MUNICIPAL OFFICERS AND PROHIBITING ACTIVlT,'E.I~ DETERMINED TO BE IN
CONFLICT WITH MUNICIPAL INTERESTS.
WHEREAS, the Council of the City of Kenai finds that it is in the best interests of the
City that its municipal officers and candidates for municipal office not be subjected to the
financial disclosure legislation of the State and to such end have placed the question
on the ballot for the October 4, 1977 general election, and
WHBRBAS, the Council finds that some fora of financial disclosure by municipal
ofl'icet-s is desirable, particularly if ~'equirements are tailored to meet the particular
needs of thls community.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska as
fonows:
ARTICLE 16
FINANCIAL DISCLOSURE & CONFLICT OF INTEREST
Section 1-60: Report of Financial and Business Interests
A. A candidate for elective municipal office shall file a statement undor oath
with the City Clerk, at the time of filing a nominating petition and declaration of candidacy,
specifying his business interests and income sources.
B. Esch municipal officer shall file a statement undor oath with the City Clerk,
within thirty (30) days after sppointmer~t to office specifying his bus!ness interests and
income sources.
C. Bsch municipal officer shall file a similar statement of income sources and
business interests with the City Clerk not latex' than April 15 of each yeau that he holds office.
Section 1-61: Contents of Statement
A. The statement filed by a municipal officer or candidate under this chapter
shall be an accurate rspi'esentation of the financial affairs of the municipal officer or
candidate and ~hall also reflect the business interosts and sources of income for the officer's
or candidate's spouse, dependent children and nondependen, t children ~'esiding with the
officer or candidate, to the ext_m~.? th~.:~e sout-ces of income or business interests are
ascertainable by the officer or candidate. Household goods and personal effects need
not be idei~Ifled.
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ORDLNANCE 359-77, Page'
B. The statement ~ed shall include the following information relating to the
municipal officer or em~didate and the officer's or candidate's spouse, dependent children
and nondependent children residing with the officer or candidate.
1. The source of all income of $I, 00O. 00 or more received as dividends
or interest;
2. The source of all other income over $5,000.00 including capital gains,
received during the preceding calendar year;
$. The name and address of each business entity owned or in which an
interest was held during the preceding calendar year, including a statement of the
nature of the interest owned or held;
4. The name and address of each business in which he is an officer,
director, manager, or employee during the preceding calendar year;
$. A description of each interest in real property and a statement of the
nature of the interest owned;
6. Each loan, loan guarantee or other indebtedness of $5,000.00 or more,
including the identity of the maker of the loan and each creditor and the nature and
terms of the transaction;
?. A list of all eontraets, bids or offers to contract with the City of Kenai
during the preceding year, including those made through a proprietorship, pa~er-
ship, or corporation in which he or a member of his family, or a combination of
them, hold a controlling interest;
8. A list of each mineral, timber, oil or other natural resource lease held,
ox' lease offer made during the preceding calendar year, including those held or made
by a partnership or professional corpot'ation, or a corporation in which the officer
or candidate or his spouse or children, or a combination of them, hold a controlling
interest; and
9. A description of each business or financial dealings, transactions
arrangements entered into with any other municipal officer of the City of Kenai.
C. The statement shall be ~ed on a form prescribed by the City Clerk.
Section 1-62: ,Modified ,,Requirements for Professionals
Notwithstanding other provisions of this chapter, medical doctors, dentists,
psychologists, certified public accountants, and attorneys are not required to disclose,
as sources of income, the names of individuel patients or clients who receive pro-
fossional services. Spouses of medical doctors, dentists, psychologists, certified
public accountants, and attorneys are not required to disclose, the names of their spouses
individual portents or clients who receive professional service. This exemption shall
not apply to the identity of any corporation or other business entity havtn~ a contract
with the professional producing income of $5,000 or more for services to its member's
or a defined group, nor to tho. identity of clients rotc. tying services that do not fall
within thc candidate's or official's field of professionnl expertise.
ORDINANCE 359-77, Page Three
Section 1-63: Records Public
AH statements required to be filed by this chapter are public records.
8ecidon 1-64: Refusal or Failure to Disclose
A. If a candidate fats or refuses to file the slatement required by Sections 1-60
of this Article, his ~ing shall be refused or, if previously accepted, shall be returned and
his name shall be withheld or removed from the filing records of candidates.
B. A person failing or refusing to comply with the requirements of this Chapter
shall forfeit his nomination and, shall not be seated or sworn to the office for which he
is a candidate.
C. A person who refuses or knowingly fats to make a required disclosure of
information as provided in this chapter or who files a statement containing false or mis-
leading information knowing it to be false or misleading shall be guilty of a mtsdemeanct.
and upon conviction is punishable by a fine of not mox'e than $300.
Section 1-65: Conflicts of Interest Prohibited
A. A municipal officer, appointed commission member or employee of the City
of Kenai may not solicit or receive money for advice or assistance given in the aourse of
the offieeets or employee's official duties for the City of Kenai.
B. A municipal officer, appointed commission member ox, employee of the City of
Kenai may not represent a client before the City Council foe a fee.
C. A municipal officer, appointed eommiseion member or employee of the City of
Kenai may not accept a gift, loan, g~atuity ox, other valuable consideration, or a promise
of any of them, ~lth the understanding or acl'eement, expressed ce implied, that the officer
will east a vote or give an opinion, decision or Judgment in a particular manner, in s
m_~tte~., question, cause or proceeding which then is or may by law come or be brought
before him, or with the understanding or ageeement that the offiem, or employee wiU, in his
official eapsoity, act in a particula~ manner to px,oduce or prevent a particular result.
D. No Council person may vote on any question in which he has a direct or indirect
pe~uniai'y interest. Direct or indirect pecuniarlr interests shall be disclosed to the presiding
offiaer px, ior to a vote on the question and the presiding officer shall determine whether the
financial intel'eat exists and whether the prohibition from voting is applicable..~ decision
by the px,esiding offlce~' may be overridden by a unanimous vote of the members present,
exclusive of the membex, presenting the possible conflict.
Section 1-66: Definitions - as used in the Chapter
A. "Municipal Officer" means the Mayor, the City Manager , Members of
Council, City Attorney, City Clerk and Department Heads.
OI/DII~.ANC£ 35~-??, P~gc ~our
B. "Source of Income" means an employer o~' othel' per,on or entity paying
compensaiion, divide~lds oI. interest, directly o~ indirectly, roi. services: products De
investments. If the income being repo~t~d is derived from employment bF a sole pro-
p~istceship, pa~tnceship or eceporation in which the repceting person, the .~pouse or
ehilds, en, or a combination of them hold a controlling intm. est, that prop~letoi'ship,
partneeship m. co~m. stion may be designated as the source of income without sp~ifyin~
~ilonts o~. eustomors if the business is one that is noi-mally eonduoted on a cash basis and
ty/~;ally does not keep re~rds ce individual eustom~.s. In all other, ct,~es, the clients
ce customers of the proprietorship, partnership or COil)oration shall be listed as sources
of income of the pceson whose income is being repceted, the spouse, children1 ce a
~mbination of them holding a controlling intm. est.
PAIJ$ED BY THE COUNCIL OF THE CITY OF KENAI, ALAI~KA, THIS 5th
Oct. ,1977.
day of
ATTEST:
gu~. Peter, city Clerk
VINCENT O*REILLY,~R
FIRST READING: AulIust 17, 1977 (Failed)
RECONSIDERATION: 9-7-21, (Tabled)
8ECO~f) READII~'fI: 9-21-?? (Table) I0-5-77
RF~CTI~ DATE: ~embe~ 5~ 197~