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HomeMy WebLinkAboutOrdinance No. 2561-2011th cay a/ KENA ALASKA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2561 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 6.20, INITIATIVE AND REFERENDUM, TO ADD A NEW SECTION 6.20.020, "LIMITATION ON APPROPRIATIONS," TO PROHIBIT THE APPROPRIATION OF CITY FUNDS IN ORDER TO INFLUENCE THE OUTCOME OF AN ELECTION CONCERNING A BALLOT PROPOSITION OR QUESTION INITIATED OR REFERRED TO THE VOTERS UNDER CITY CHARTER. WHEREAS, under Kenai Charter section 11 -1(a), the qualified voters of the City, by the initiative, may propose or an enact any ordinance that the Council has power to enact under the Charter, subject to certain limitations imposed by law; and, WHEREAS, under Kenai Charter section 11 -1(b), the qualified voters of the City, by the referendum, may approve or reject any ordinance passed by the Kenai City Council, subject to certain limitations imposed by law; and, WHEREAS, under Kenai Charter section 11 -5, the provisions of the Charter relating to initiative and referendum shall be self - executing, but the Council, by ordinance, may further regulate the procedures therefore; and, WHEREAS, the City has a compelling interest in assuring the appearance of fairness in the conduct of City elections; and, WHEREAS, expending fundls'to promote a particular outcome of an initiative or referendum election, as opposed to providing information about the election and the issues presented, dimini hes the Charter rights of the citizens of the City of Kenai to express political preferences and /or disagreement with governmental decisions; and, WHEREAS, the Con/ ficil helps to protect the public's interest in initiating and referring legislation when i /refrains from engaging in partisan involvement in election questions. NOW, THER ORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, a follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 6.20 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 6.20, Initiative and Referendum, is hereby amended by adding a new subsection 6.20.020 to read as follows: New Text Underlined.- [DELETED TEXT BRACKETED] Ordinance No. 2561 -2011 Page 2 of 2 6.20.020 Limitation on appropriations The Council shall not appropriate funds to influence the outcome of a City election concerning a ballot proposition or question referred to the voters by a citizen initiative or referendum process. Nothing in this section limits or prohibits the City from appropriating funds to influence the outcome of a state -wide election (consistent with AS 15.13.140) or from engaging in non- partisan educational, election- related communications and activities, including expending funds for providing the public with nonpartisan information about a ballot proposition or question; the publication of the time, date and location of an election; the education of students about voting and elections; the sponsorship of open debate forums; and, participation in get- out -the- vote or voter registration drives that do not favor a particular political position. Section 3. Severability: 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 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: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption and upon approval of the United States Department of Justice (or notice of its non - objection). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August, 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Adopted: June 15, 2011 Third Reading: August 17, 2011 Adopted: August 17, 2011 Effective: `, 2011 New Text Underlined- [DELETED TEXT BRACKETED] NthenA&, KEMAI, ALASKA "Viffaye with a Past, Cc with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO: TO: City Council KFROM: Rick Koch DATE: June 9, 2011 SUBJECT: Ordinance No. 2561 -2011, Amending KMC 6.20 Prohibiting the Appropriation of City Funds in Order to Influence the Outcome of an Election Concerning a Ballot Proposition or Question Initiated or Referred to the Voters Under City Charter The purpose of this correspondence is to provide Administration's recommendation regarding the above - referenced ordinance. The Administration recommends against passage of this ordinance. The City Attorney previously researched the definition of "expending City funds to influence the outcome of an election." APOC's response to the question was that they considered any expenditure of public funds to address a ballot proposition and /or referendum as an expense to influence an election. That is the reason that separate accounting was imposed for the distribution of unbiased information regarding the G.O. bond ballot propositions for the Library and Bluff Erosion, and the referendum regarding the re -zone of properties along the Kenai Spur Highway. The authority to determine if City funds are used to influence the outcome of ballot proposition or question initiated or referred to the voters rests solely with the City Council. Administration's position is the authority should remain with Council and any determination regarding the expenditure of City funds be made by them on a case -by -case basis. If under the City Charter Section 11 -1(a), a group of qualified voters brought forth an initiative that was clearly not in the best interest of the City, it should be incumbent upon the City Council to provide accurate information to the voters so that informed choices could be made.