HomeMy WebLinkAboutOrdinance No. 2322-2008Suggested by: City Council
CITY OF KENAI
ORDINANCE NO. 2322-2008
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PLACING ON
THE BALLOT FOR THE NEXT GENERAL ELECTION THE QUESTION AS TO
WHETHER THE MUNICIPAL OFFICERS OF THE CITY OF KENAI SHOULD BE
EXEMPT FROM THE PROVISIONS OF THE STATE OF ALASKA FINANCIAL
DISCLOSURE STATUTES (AS 39.50) BUT REMAIN SUBJECT TO THE KENAI
MUNICIPAL CODE DISCLOSURE ORDINANCE (KMC 1.85).
WHEREAS, AS 39.50 was amended in 2008 to include that "municipal officers" report
the amount.of their income in addition to the sources of income over $1,000; and,
WHEREAS, under AS 39.50.200, the term "municipal officers" includes the City
Manager, members of the planning and zoning commission; the Mayor and Council
Members; and,
WHEREAS, elective and appointive positions require a great expenditure of time in the
public interest with little monetary compensation; and,
WHEREAS, compliance with the requirement that municipal officers report the
amount of their income in addition to the sources of income over $1,000 will
drastically discourage and limit the number of persons willing to commit to public
service; and;
WHEREAS, the Alasxa Public Offices Commission (APOC) intends to place the
financial disclosure information, including the amount of income, on its internet site;
and,
WHEREAS, decreasing the quantity and quality of those willing to participate in public
service for the City of Kenai will be a significant detriment to the citizens of Kenai; and;
WHEREAS, the City of Kenai has its own financial disclosure and conflict of interest
ordinance in KMC 1.85 which does require reporting of sources of income, but does
not require reporting the amount of income; and,
WHEREAS, AS 39.50.145 provides that a municipality may exempt its municipal
officers from the requirements of AS 39.50 if a majority of the voters voting on the
question at a general election vote to exempt its municipal officers from such
requirements; and,
WHEREAS, if the voters approved exempting municipal officers from the requirements
of AS 39.50, the conflict of interest rules and financial disclosure requirements of KMC
1.85 would still require reporting of sources of income; and,
Ordinance No. 2322-2008
Page 2 of 2
WHEREAS, the Kenai City Council believes that the voters of the City of Kenai should
be given the opportunity to decide whether or not the municipal officers of the City of
Kenai should be exempt from the requirements of AS 30.50 but remain subject to the
Kenai Municipal Code disclosure ordinance (KMC 1.85).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that there shall be placed on the ballot for the regular city election of October
7, 2008 with the appropriate proposition number to be designated by the City Clerk,
the following question:
"Shall the City of Kenai municipal officers and candidates for
municipal office be exempt from the State of Alaska
requirements under Alaska Statutes 39.50, effective 2008,
regarding reporting and financial disclosure requirements,
business and conflicts of interests provisions and INSTEAD,
be required to file a City of Kenai Financial Official
Disclosure Statement, according to Kenai Municipal Code
1.85, that will be subject to public disclosure, as well as be
subject to Local laws regarding conflicts of interest?"
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July,
2008.
~,,. - ~
PAT PORTER, MAYOR
ATTEST:
~ .~1
Carol L. Freas, City Clerk
Introduced: June 18, 2008
Adopted: July 2, 2008
Effective: August 2, 2008
E N U~!I
TO: Mayor Porter and the Kenai City Council
FROM: G~~ Cary R Graves, City Attorney
DATE: Jm1e 12, 2008
R>;: APOC Ballot Proposition
Included in this packet is an ordinance authorizing a ballot proposition to exempt municipal
officers and candidates from the provisions of AS 39.50. Orighlaily the idea was to have the
ballot proposition authorized by a resolution. Section 10-8(a) of the Kenai City Charter allows
the Council to place propositions on the ballot by resolution or ordinance . However, AS
39.50.145 states that such a ballot proposition "may be submitted by the city council or borough
assembly by ordinance or by initiative election." (Emphasis added).
Criven the language of the statute, the Cleric and I agreed that Council's authorization should he
by ordinance rather than resolution.
Please let me lalow if you have any questions.