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HomeMy WebLinkAboutOrdinance No. 2323-2008SUBSTITUTE Suggested by: Councilor Molloy CI'T'Y ®F KENAI ®RDINANCE N®. 2323-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KM~ 1.85 BY: 1) UPDATING THE FINANCIAL REPORTING REQUIREMENTS FOR MUNICIPAL OFFICERS AND CANDIDATES CONTAINED IN KMC 1.85.020; AND, 2) INCLUDING THE MEMBERS OF THE PLANNING AND ZONING COMMISSION IN THE DEFINITION OF "MUNICIPAL OFFICER" IN KMC 1.85.070; AND, 3) ADDING DEFINITIONS FOR "DOMESTIC PARTNER," "HEALTH CARE PROVIDER," AND "COVERED INDIVIDUAL"; AND, 4) INCLUDING STOCKBROKERS, FINANCIAL ADVISORS AND HEALTH CARE PROVIDERS IN THE LIST OF PROFESSIONALS SUBJECT TO MODIFIED REQUIREMENTS IN KMC 1.85.030. WHEREAS, the financial reporting requirements for municipal officers and candidates in KMC 1.85.020(b)(1) incorporated by reference the state's requirements in AS 39.50.030(b) as of 1996; and, WHEREAS, the State of Alaska has amended the requirements of AS 39.50.030(b) since 1996; and, WHEREAS, it is in the best interest of the City of Kenai to update the reporting requirements in KMC 1.85; and, WHEREAS, if there is a conflict in the state and city reporting requirements, the more stringent rules prevail over the Less stringent; and, WHEREAS, it is in the best interest of the City to specifically delineate the reporting requirements in KMC 1.85 rather than incorporate a state statute by reference; and, WHEREAS, the changes to the city's financial disclosure requirements in this ordinance require reporting sources of income over X1,000 for municipal officers and candidates,'and the officer's or candidate's spouse, dependent children and non- dependent children residing with the officer or candidate, but do not require the reporting of amounts of income; and, WHEREAS, health care providers, stock brokers and financial advisors should be included in the list of professionals subject to the modified requirements in KMC 1.85.030; and, WHEREAS, current definition of "municipal officer" contained in KMC 1.85.070 does not include members of the Planning and Zoning Commission, but City Planning and Zoning Commission Members are included in the state financial disclosure reporting requirements; and, Substitute Ordinance No. 2323-2008 Page 2 of 5 WHEREAS, members of the Kenai Planning and Zoning Commission should be included in the definition of "municipal officer" under the city's financial disclosure requirements in KMC 1.85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.85 is amended as follows: SECTION ONE 1.85.020 Contents of statement. (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the municipal officer or candidate and shall also reflect the business interests and sources of income for the officer's or candidate's spouse, domestic partner, dependent children, and non- dependent children residing with the officer or candidate (covered individual), to the extent those sources of income or business interests are ascertainable by the officer or candidate. Household goods and personal effects need not be identified. (b) The statement filed shall include the following information relating to the covered individual [MUNICIPAL OFFICER OR CANDIDATE AND THE OFFICER'S OR CANDIDATE'S SPOUSE, DEPENDENT CHILDREN AND NON-DEPENDENT CHILDREN RESIDING WITH THE OFFICER OR CANDIDATE]. (I) [THAT INFORMATION REQUIRED TO BE REPORTED BY THE STATE UNDER AS 39.50.030(b);] The source of all income over $1,000 during the preceding calendar year, received by the covered individual, including taxable and nontaxable l~ The identity, by name and address, of each business in which the covered individual has an interest or was a stockholder owner officer director partner, proprietor, or employee during the preceding calendar year, except that an interest of less than 51,000 in the stock of a publicly traded corporation need not be included; (3j The identity and nature of each interest in real property, including leases rentals and options to buy, which is owned, held, or possessed at any time during the preceding calendar year by the covered individual. 1~ The identity of each trust or other fiduciary relation in which the covert year a description and identification of the property contained in each trust or ll payee or other creditor to whom the covered individual owed more than $1,000; this paragraph requires disclosure of a loan, loan guarantee, note or indebtedness only if Substitute Ordinance No. 2323-2008 Page 3 of S ' the Loan, guarantee, or note was made, or the indebtedness incurred, during the preceding calendar year, or if the amount still owing on the loan, loan guarantee, note or indebtedness was more than $1,000 at any time during the preceding calendar year. Credit cards accounts, revolving charge accounts, health care bills and obligations, and Internal Revenue Service, child support, and alimony claims and obligations are exempt from this paragraph and are not required to be reported; j~ A list of all contracts and offers to contract with a rnunieipality, the state or a political subdivision or instrumentality of the state during the preceding calendar year held, bid, or offered by the covered individual; f~ A list of all mineral, timber, oil, or any other natural resource lease held, or lease offer made, during the preceding calendar year by the covered individual; ]~[(2)] A list of all contracts, bids, or offers to contract with the City of Kenai during the preceding year [INCLUDING THOSE MADE THROUGH A PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION IN WHICH HE OR A MEMBER OF HIS FAMILY, OR A COMBINATION OF THEM, HOLDS A CONTROLLING INTEREST] which are made, offered or agreed to by the covered individual; j~[(3)] A description of each business or financial dealing, transaction, or arrangement over $1,000 by a covered individual entered into with any [OTHER] municipal officer of the City of Kenai. (10) If a covered individual as defined in KMC 1.85.070(b) is a sole proprietor o; a member of a partnership or limited liability company, or a shareholder in a corporation or a professional corporation in which the covered individual holds a controlling interest, or the owner of a controlling interest in another business entity, then the disclosures required by KMC 1.85.020 apply to the covered individual's sole proprietorship, partnership, limited liability company. corporation, professional corporation; or other business entity. (c) The statement shall be filed on a form prescribed by the Csty Clerk and approved by a resolution of the Kenai City Council. SECTION TWO 1.85.030 IVYodified requirements for professionals. Notwithstanding other provisions of this chapter, [MEDICAL DOCTORS, DENTISTS, PSYCHOLOGISTS) health care providers, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose, as sources of income, the names of individual patients or clients who receive professional services. Covered individuals who are the spouses or domestic partners of [MEDICAL DOCTORS, DENTISTS, PSYCHOLOGISTS] health care providers, certified public accountants, stock brokers or financial advisors and attorneys are not required to disclose the names of their professional spouse's or domestic partner's individual patients or clients who receive professional service. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of $5,000 or more for services to its members or a Substitute Ordinance No. 2323-2008 Page 4 of S defined group, nor to the identity of clients receiving services that do not fall within the covered individual's [CANDIDATE'S OR OFFICIAL'S] field of professional expertise. SECTION THREE 1.5.070 Definiti®ns as used in this chapter (a) "Municipal Officer" means the Mayor, City Manager, Members of the Council, Members of the Planning and Zoning Commission, City Attorney and City Clerk. Lbj "Covered individual" means a municipal officer or candidate and the municipal officer's or candidate's spouse, domestic partner, dependent children and non- dependent children residing with the officer or candidate. ll "Domestic partner" means a person who is cohabitating with another person in a relationship like a marriage but that is not a legal marriage. f dj "Health Care Provider" means an acupuncturist licensed under AS 08.06, an audiologist or speech language pathologist licensed under AS 08 11 a chiropractor licensed under AS 08 20 a dental hygienist licensed under AS 08 32 a dentist licensed under AS 08.36 a nurse licensed under AS 08.68 a dispensing optician licensed under AS 08 71 a naturopath licensed under AS 08.45 an optometrist licensed under AS 08.72, a pharmacist licensed under AS 08.80 a physical therapist or occupational therapist licensed under AS 08 84 a physician or physician assistant licensed under AS 08 64 a podiatrist licensed under AS 08 64 a psychologist or psychologist associate licensed under AS 08.86. (B) [e] "Source of income" means an employer, other person, or entity paying compensation, dividends, or interest, directly or indirectly, for services, products, or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, limited liability company, corporafion, professional corporation or other business entity in which the reporting person, spouse, domestic partner, dependent children or nondependent children residing with the reporting person, or a combination of them, hold a controlling interest, that proprietorship, partnership, limited liability company, corporation, professional corporation or other business entity may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers, or if KMC 1.85.030 applies. In all other cases, the clients or customers of the proprietorship, partnership, limited liability company, corporation, professional corporation or other business entity shall be listed as sources of income of the covered individual [PERSON WHOSE INCOME IS BEING REPORTED, THE SPOUSE, CHILDREN, OR A COMBINATION OF THEM HOLDING A CONTROLLING INTEREST]. Substitute Ordinance No. 2323-2008 Page S of 5 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 18, 2008 Adopted: July 16, 2008 Effective: August 16, 2008 CITY OF KENAI 2 LO FIDALGO A VS., IC~NAI, ALASKA 99611-7794 TELEPHONB: 907-283-7535 ti AX: 907-2833014 MEMORANDUM TO: Mayor Porter and the Kenai City Council FROM: Cary R. Graves, City Attorney DATE: G~~ July 10, 2008 RE: Summary of Substitute Ordinance 2323-2008Changes Mere is a summary of the changes in Substitute Ordinance No. 2323-2008. I. Eor stylistic purposes, the term "covered individuaP' was defined in I~1MC 1.85.070(b) and used in place of the phrase "municipal officer or candidate and the municipal off cer's or candidate's spouse, domestic partner, dependent children and non-dependent children residing with the officer or candidate." 2. "Domestic partner" was added to the list of covered individuals. 3. "Health care provider" was defined in KMC 1.85.070(d) and replaced "medical doctors, dentists, psychologists" in KMC 1.85.030 (Modified requirements for professionals). 4. Subsection KMC 1.85.020(b)(10) was added. 5. Subsection KMC 1.85.020(e) was amended to provide that the Council approves the disclosure form by resolution. 6. KIvIC 1.85.020(b)(5) was amended to provide that,"[c]redit card accounts, revolving charge accounts, health care bills and obligations, and Internal Revenue Service, child support, and alimony claims and obligations are exempt from this paragraph and are not required to be reported." 7. The definition of "Source of income" in KMC 1.85.070(e) was clarified. 8. The application of the modified requirements for spouses of professionals in KMC 1.85.030 was also clarified.