HomeMy WebLinkAboutOrdinance No. 3157-2020JC Sponsored by: Vice Mayor Molloy
K~NAI
CITY OF KENAI
ORDINANCE NO. 3157-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI
MUNICIPAL CODE SECTION 1.85.010 -REPORT OF FINANCIAL AND BUSINESS
INTERESTS, TO ALLOW FOR CERTIFICATION BY MUNICIPAL OFFICERS THAT A
PREVIOUSLY FILED STATEMENT OF DISCLOSURE REMAINS ACCURATE AND
APPROVING AN ALTERNATE CERTIFICATION.
WHEREAS, Kenai Municipal Code 1.85 requires that certain elected and appointed officials
complete financial disclosure forms annually; and ,
WHEREAS, for some, financial information does not change annually; and,
WHEREAS , the ability to certify that a previously filed statement remains accurate would provide
the same level of disclosure and eliminate the sometimes burdensome requirement to complete
the form in its entirety on an annual basis.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA,
as follows:
Section 1. Amending Section 1.85 .010 -Report of financ ial and business interests of the
Kenai Municipal Code: That Kenai Municipal Code , Section 1.85 .010 -Report of financial and
business interests is hereby amended as follows:
1.85.010 Report of financial and business interests.
(a) A candidate for elective municipal office shall file a statement under oath with the City Clerk,
at the time of filing a nominating petition and declaration of candidacy, specifying his or her
business interests and income sources.
(b) Each municipal officer shall file a statement under oath with the City Clerk , within thirty (30)
days after appointment to office specifying his or her business interests and income sources .
(c) Each municipal officer file a similar statement of income sources and business interests or
shall certify a previously filed statement remains true. correct. and complete with the City Clerk
not later than April 151h of each year that he or she holds office .
Section 2. That the attached certification form is hereby approved.
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision , or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
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Ordi nance No. 3157-2020
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the validity of the remainder of this title or application thereof to other persons or circumstances .
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date : That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of October, 2020 .
ATTEST:
BRIAN GABRIEL SR., MAYOR
Introduced : August 19 , 2020 , 2020
Enacted: October 7, 2020
Effective: November 6 , 2020
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JC
K~NAI
CITY OF KENAI
2021 PUBLIC OFFICIAL FINANCIAL
DISCLOSURE STATEMENT
CERTIFICATION
I certify under penalty of perjury the information previously provided in the Statement attached
hereto is up to date and , to the best of my knowledge, true, correct and complete and shall serve
as my Statement covering the period between Janua ry 1, 2020 and December 3 1, 2020. A
person who makes a false sworn certification which he or she does not believe to be true is guilty
of perjury.
SIGNATURE DATE
Printed Name of Filer Place
Where to obta in copies of previous Statements for attachment and file this Certification:
Kena i City Clerk
210 Fida lgo Avenue
Kenai, AK 99611
Telephone: (907) 283-8231
Fax: (907) 283-5068
City of Kenai I 210 l=idalgo Ave , Kenai, AK 99611-77941907.283.7535 I www.ke nai.cily
MEMORANDUM
TO:
CC:
FROM :
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
City Manager and Adm inistration
Vice Mayor Molloy ~
August 11 , 2020
Ordinance No . 3157-2020
This proposed ord inance is the product of a discussion with Co uncil in March 2020 about
financial disclosure statements .
This ordinance amends KMC 1.85 .010 Report of financial and business interests , paragraph
(c), to allow a municipal officer to sign a form certifying that a previously filed financia l disclosure
statement "rema ins true, correct and complete ." This ordinance also approves the attached
certification form , which also was drafted by the City Clerk.
A "municipal officer" is defined to mean "the Mayor, City Manager, members of the Counci l,
members of the Planning and Zoning Commission, City Attorney and City Cler k."
This ordinance will reduce paperwork bu rden for municipal office rs where there is no change in
the officer's previously filed financial d isclosure statement. The officer's fi ling of the signed
certification form will be sufficient, because there has been no change from the previously filed
disclosure statement.
Council's support is respectfully requested .
Cily of Kenai I 210 1=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.cily
MEMORANDUM
TO:
THROUGH:
FROM :
DATE:
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Vice Mayor Molloy
Jamie Heinz, City Clerk
September 21, 2020
Ordinance No. 3157-2020
During Council discussion regarding Ordinance No. 3157-2020 at the 09/02/2020 meeting, it was
suggested amendments be made to the ordinance, and a substitute brought, to provide for the
opportunity to make some changes to a previously filed financial disclosure statement and
certifying the somewhat altered and/or piecemealed statement was correct. When initially
reviewing a way to simplify the financial disclosure process and thinking about what changes
should be allowed, if any, the questions listed below left me uncomfortable with proposing to Vice
Mayor Molloy anything more than a simple form, certifying a previously filed statement, in its
entirety, was still correct, in an effort to simplify the financial disclosure process .
• If allowing pages with updated information to be substituted in, where would that
end? Could someone who was a candidate one year substitute in a new page 2, to indicate
that they are now filing the annual statement instead of a candidate statement?
• Are pages from statements submitted two, three, or four years back going to be acceptable
to be substituted in?
• If it was decided substituting in pages would be permissible, who would be responsible for
ensuring that the full document, though piecemealed, was submitted? Is Clerk 's Office
staff going to be asked to pull specific pages from a previous statement and then combine
the document? In the event of an error, who would be responsible?
As of now, the amount of time that Clerk's Office staff spends on administering financial disclosure
statements is negligible . We have about three that request a copy of their previous year's
statement and beyond that, we simply date stamp the incoming statements and check the
submitter's name off of a list. If the Clerk's Office is tasked with reviewing each statement to
ensure all pages of each schedule have been submitted, the Clerk's Office will be spending a
good deal more time on the submissions.
• Again , there is concern about who would be ultimately responsible if a page ended up
missing .
Prefilled statements was another suggestion; however, prefilling the statements would be a
significant increase in staff time spent on administering financial disclosure statements . The
question of who would be responsible in the event of an error also still existed in this scenario.
An online form that could be updated was also suggested ; however, the City doesn 't have t he
technology to create an account and update previously prov ided information .
Your consideration of Ordinance No . 3157-2020 as originally presented is appreciated.
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The City of Kenai I www.kenai.city