HomeMy WebLinkAboutOrdinance No. 2781-2014CITY OF KENAI
ORDINANCE NO. 2781 -2014
Suggested by: Mayor Porter
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1.85.050- REFUSAL OR FAILURE TO DISCLOSE, TO AMEND AND CLARIFY
CONSEQUENCES FOR REFUSAL OR FAILURE TO TIMELY FILE REQUIRED
FINANCIAL DISCLOSURE INFORMATION.
WHEREAS, Kenai Municipal Code 1.85.010 requires candidates for elective municipal
office and newly elected and existing municipal officers to file a statement specifying
business interests and income sources as required by KMC 1.85.020; and,
WHEREAS, KMC 1.85.050 currently provides that candidates that refuse or fail to file
the required disclosures will be withheld or removed from the filing records of
candidates; that appointed elected municipal officials shall not take office for failure to
comply and that existing officials who fail to comply are guilty of a violation (minor
offense) and upon conviction are subject to a fine of up to $500.00 a day; and,
WHEREAS, KMC 1.85.050 is not as clear as it should be with regard to penalties and
other consequences which may lead to lack of enforcement; and,
WHEREAS, a preferred approach would be to distinguish between failure to timely file
and filing false reports, the first to be subject only to a reasonable civil penalty to
encourage compliance and the second to a minor offense to discourage false reporting;
and,
WHEREAS, it is reasonable to include an opportunity for those subject to civil fines
and minor offenses regarding filing financial disclosures to be able to explain any
extenuating circumstances prior to the assessment of fines or penalties; and,
WHEREAS, due to the sensitive nature of disclosures and relationships between
Council, the City Manager, City Clerk and the City Attorney, the code should clearly
provide direction as to who will enforce any imposition of civil fines and /or penalties.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section1.85.050 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1.85.050 - Refusal or Failure to Disclose, is hereby amended
as follows:
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2781 -2014
Page 2 of 3
1.85.050 Refusal or failure to disclose.
(a) If a candidate fails or refuses to file the statement required by KMC 1.85.010,
his or her filing shall be refused or, if previously accepted, shall be returned and his or
her name shall be withheld or removed from the filing records of candidates.
(b) A [PERSON] newly appointed or elected municipal officer failing or refusing to
comply with the requirements of this chapter shall forfeit his or her [NOMINATION]
elected or appointed position and shall not be seated or sworn to the office for which
he or she was elected or appointed [IS A CANDIDATE].
(c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to
[MAKE] submit a required statement, or to make a required disclosure of information
in that statement as required in that statement, as provided in this chanter. by Anril
the attected otticer it needed to make a fair determination. A Citv Council Member
(d) Any candidate or municipal officer [OR] who files a statement containing false
or misleading information knowing it to be false or misleading, shall be guilty of a
violation and upon conviction is punishable by a fine as provided for violations in KMC
13.05.010.
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 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 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
]DELETED TEXT BRACKETED]
Ordinance No. 2781 -2014
Page 3 of 3
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August,
2014.
Mxj'a)
San ra o igh, City Clerk
PAT PORTS , MAYOR
Introduced: July 2, 2014
Adopted: August 6, 2014
Effective: September 5, 2014
New Text Underlined; [DELETED TEXT BRACKETED]
"'Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: City Councilors
FROM: Mayor Porter
DATE: June 26, 2014
SUBJECT: Ordinance No. 2781 -2014, Financial Disclosure
The City has not meaningfully revisited its consequences for refusal or failure for
municipal officers to comply with its financial disclosure requirements since 1977, when
the City opted out of the State of Alaska's requirements by a vote of the people. This
Ordinance updates existing code requirements for clarification and implements a $10.00
per day fine for late submittals by existing officers, up to a maximum of $1000.00 (100
days late). It maintains the current penalty of a minor offense for filing false reports. It
also provides a mechanism for reporting violations of the City's rules on financial
disclosures and direction for following through with enforcement.
Your consideration is appreciated.
YACity Council\A4emorandums\2014 0626 Financial Disclosure Memo.docx
"Villa9e with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO:
Council Membe
FROM:
Mayor Porter
DATE:
July 31, 2014
SUBJECT:
Ordinance No. 2781 -2014, Amending KMC 1.85.050
On July 15, Council Member Molloy provided a lay down Memorandum expressing
concern and suggestions regarding Ordinance No. 2781 -2014. I am satisfied with this
Ordinance as written which was reviewed by both the City Attorney and City Clerk.
However, I am not opposed to a few small amendments, if they would make other
Council Members more comfortable with the Ordinance and do not alter its intent of
encouraging timely and accurate submittals of financial disclosures in a reasonable
manner.
YAOrdinances & Resolutions \Ordinances\2014 \Ordinance No. 2781 -2014 KMC 01.85.050 Memo 073114.docx
u
" "Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Mayor Porter and Council Members
FROM: Scott Bloom, City Attorney 5`
DATE: July 31, 2014
SUBJECT: Ordinance No. 2781 -2014, Refusal or Failure to Disclose
Council Member Molloy raised several concerns and made suggestions regarding
Ordinance No. 2781 -2014 by memorandum dated July 15, 2014. I appreciate the
thorough review and issues raised and in addition to the questions directed specifically to
the City Attorney I would like to address a few other concerns in hopes of helping the
process.
1. Question. Is the maximum civil fine $500.00 under Code? If yes and Council goes
with a maximum of $1,000.00, do we need to call it a civil penalty?
Answer. Yes. KMC 13.05.010 (a)(1) provides "Violations -Up to a five hundred
dollar ($500.00) fine." This provision of code is utilized when the City issues
citations for minor offenses that can be contested in court with a not guilty plea.
This process would be utilized under subsection (d) of the Ordinance for knowing
violations. For purposes of consistency and clarity I agree that subsection (c) of
the Ordinance should reference a "civil penalty" instead of a "civil fine."
Consistent with Council member Molloy's recommendation, the following
amendments should be considered:
Replace the words "fine" and "fines" with "penalty" and "penalties" in paragraph
(c) as shown below in bold:
(c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to
[MAKE] submit a required disclosure of information, as provided in this chapter, by
July 31, 2014
Page 2 of 4
April 15 of each year, that the office is held shall be subject to a civil penal1y of $10.00
per day for each day the delinquency continues up to a maximum penalty of $1000.00:
subject to anneal to the superior court. Within five business days of notification of any
omission, an affidavit stating mitigating facts may be submitted to the Cijy Council by
the affected municipal officer for consideration of a partial or complete reduction of civil
penalties. A City Council Member subject to the penalties may not participate in any
decision regarding reduction or removal of such penalties
2. Paragraph (c) requires seated municipal officers to file the disclosures required in
code by April 15 of each year or face a $10 /day penalty. I understand "disclosure
of information, as provided in this chapter" as used in paragraph (c) to be
appropriately broad to include both the form itself and the required information in
the form. I also think "knowingly" is appropriately removed. The disclosure form
is due April 15 and the contents required are known. To prove that someone
knowingly failed to provide it on time or that they knowingly failed to include
information is a higher burden, and is incorporated in part in paragraph (d) with a
minor offense consequence. I also don't believe removing the word "knowingly"
conflicts in any way with allowing for an affidavit of mitigating facts. Regardless
if someone knew the disclosure was due or not on April 15; for example, if they
were out of state on extended travel, or dealing with an emergency, these
situations could be mitigating factors to consider whether it was known or
unknown, that the disclosures were due on April 15. I think consideration of a
written affidavit is sufficient without taking further testimony for a $10 /day
penalty. However, a compromise could be allowed for further information to be
requested by Council and still avoid a full blown adjudicatory hearing. If that was
Council's desire, a suggestion follows. Further, while I think it is clear as drafted
that Council would decide on whether mitigating factors should reduce a penalty
amount, a simple amendment, below, can clarify this further. I think Council can
decide if, a situation arises, whether the Council wants to consider an affidavit and
make a decision at a special or regular meeting without need of a further
amendment.
I believe paragraph (e) with the recommended amendment below clarifies who would
provide notice of an omission, which could include the disclosure form itself, or lack of
information contained in the form. I don't believe there is any harm in requiring notice to
be May 15 and that amendment is also provided below. Finally, with regard to paragraph
(c), I believe it is sufficient to provide that an appeal can be made to superior court for
civil penalties without a separate paragraph.
July 31, 2014
Page 3 of 4
Based on the discussion above, the following amendments to paragraph (c) are provided,
if desired, by Council:
(c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to
[MAKE] submit a required disclosure of information, as provided in this chapter, by
April 15 of each year, that the office is held shall be subject to a civil penalty of $10.00
per day for each day the delinquency continues up to a maximum ep nalty of $1000.00;
subiect to appeal to the superior court. Within five business days of notification of any
omission, an affidavit stating mitigating facts may be submitted to the City Council by
the affected municipal officer, for consideration by Council of a partial or complete
reduction of civil penalties. Council may request further information from the
affected municipal officer if needed to make a fair determination A City Council
Member subject to the enalties may not participate in any decision regarding reduction
or removal of such penalties. Notification of an omission must be provided as soon as
reasonably possible and in no case later than May 15.
3. The following recommended amendment is provided to paragraph (e) to make it
compliment paragraph (c) better as addressed by Council Member Molloy's
memorandum:
(e) The City Clerk or Attorney shall notify the City Council in writing of any known
failure to comply with this Chanter. The Council shall direct the City Attorney or Clerk
to notify the candidate or municipal officer of such noncompliance and to proceed with
enforcement as provided by this chapter.
4. Finally, per Council Member Molloy's Memorandum, an amendment could be
made to paragraph (d) to clarify that incomplete statements are included as
follows:
(d) Any candidate or municipal officer [OR] who files a statement containing false,
incomplete or misleading information knowing it to be false, incomplete, or misleading,
shall be guilty of a violation and upon conviction is punishable by a fine as provided for
violations in KMC 13.05.010.
If all Amendments are adopted, the Ordinance would be as follows:
July 31, 2014
Page 4 of 4
1.85.050 Refusal or failure to disclose.
(a) If a candidate fails or refuses to file the statement required by KMC 1.85.010,
his or her filing shall be refused or, if previously accepted, shall be returned and his or
her name shall be withheld or removed from the filing records of candidates.
(b) A [PERSON] newly appointed or elected municipal officer failing or refusing to
comply with the requirements of this chapter shall forfeit his or her [NOMINATION]
elected or appointed position and shall not be seated or sworn to the office for which
he or she was elected or appointed [IS A CANDIDATE].
(c) A [PERSON] seated municipal officer who refuses or [KNOWINGLY] fails to
[MAKE] submit a required disclosure of information, as provided in this chapter, by
April 15 of each year, that the office is held shall be subject to a civil penalty of $10.00
per day for each day the delin uency continues up to a maximum ep natty of $1000 00•
subject to appeal to the superior court. Within five business days of notification of any
omission, an affidavit stating mitigating facts may be submitted to the City Council by
the affected municipal officer, for consideration by Council of a partial or complete
reduction of civil penalties. Council may request further information from the
affected municipal officer if needed to make a fair determination A City Council
Member subject to the penalties may not participate in any decision regarding reduction
or removal of such penalties. Notification of an omission must be provided as soon as
reasonably possible and in no case later than May 15.
(d) AU candidate or municipal officer [OR] who files a statement containing false,
incomplete or misleading information knowing it to be false, incomplete, or misleading,
shall be guilty of a violation and upon conviction is punishable by a fine as provided for
violations in KMC 13.05.010.
(e) The City Clerk or Attorney shall notify the City Council in writing of any known
failure to comply with this Chapter. The Council shall direct the City Attorney or Clerk
to notify the candidate or municipal officer of such noncompliance and to proceed with
enforcement as provided by this chapter.
Y: \City Attorney \Correspondence\2014 0731 Financial Disclosures Memo to Council.docx
"V'11e with a Past, Git, with a Future"
0 Fidalgo Avenue, Kenai, laska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Mayor Porter and Council Members /__X1_I�
FROM: Council Member Bob Molloy V _
DATE: 07 -15 -14
SUBJECT: Ordinance No. 2781 -2014 Amending KMC 1.85.050
I have several concerns and questions about Ordinance No. 2781 -2014 Amending KMC
1.85.050 Refusal or failure to disclose.
In this ordinance, the Code's existing paragraph (c) is divided into new (c) and new (d).
I read existing paragraph (c) in 1.85.050 to address noncompliance FIRST where a person
refuses or knowingly fails to make a "disclosure of information" required by Code and therefore
contained in the form for Disclosure Statement (for example, failing to report a spouse's sources
of income in the form for Disclosure Statement), and SECOND where a person files a "statement
containing false or misleading information knowing it to be false or misleading" (Le, the
Disclosure Statement is false or misleading).
The object of this proposed new paragraph (c) seems to be the Disclosure Statement itself, not
the various disclosures of information contained in the Disclosure Statement.'
'KMC 1.85.010 and 1.85.020(a) require that candidates for elected office and appointed municipal
officers (City Manager, City Attorney, City Clerk, and Planning & Zoning Commissioners) make
numerous disclosures of information, specifying business interests, income sources, and other financial
information that "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." The contents of the required disclosures of information that are
to be made in the Disclosure Statement are set out in KMC 1.85.020. The City's form for Financial
Disclosure Statement captures all of those the required disclosures of information.
Mayor Porter and City Councilors
07 -15 -14
Page 2 of 3
The intent of this proposed new paragraph (c) seems to be to encourage compliance by
penalizing seated municipal officers who file Disclosure Statements late and who don't submit
"an affidavit stating mitigating facts to the City Council." I don't think this new (c)
accomplishes that intent because it doesn't replace "disclosure of information" with "disclosure
statement." That's an easy amendment.
But if we make that amendment, the ordinance no longer appears to cover an incomplete
Disclosure Statement, but covers only late Disclosure Statements and false or misleading
Disclosure Statements. That's one concern I have, because I think there may be value in
addressing incomplete Disclosure Statements (incomplete because there has been a failure or
refusal to make a required disclosure of information in the Disclosure Statement), as existing
paragraph (c) does.
I think it's likely that I won't support deleting the word "KNOWINGLY" from new paragraph
(c). If the word "KNOWINGLY" is deleted, then we're making this into strict liability like a
parking violation. If so, there is no need for an "affidavit stating mitigating facts" to be
submitted to the City Council by the affected municipal officer who wants consideration of a
partial or complete reduction of civil fines. I think the word "KNOWINGLY" should stay in
paragraph (c).
Another concern is that new paragraph (c) doesn't identify who should give notice of an
"omission" to meet the Code requirements. I think that should be the City Clerk, unless the
omission is by the City Clerk, in which case the notice should be by the City Attorney.
Another concern is that new paragraph (c) doesn't specify the date by which the notice of
omission should be given to the affected municipal officer. There should be a sentence
specifying the date for giving notice.
Question: Should the notice should be given by May 15`h9
Another concern is that new paragraph (c) doesn't identify who should make the determination
of whether the mitigating facts are sufficient to establish that there wasn't a violation or that the
fine or penalty should be partially or completely reduced. I think the determination should be
made by the City Council.
That seems to be the intent because new paragraph (c) goes on to state that a "City Council
Member subject to the fines may not participate in any decision regarding reduction or removal
of such fines."
Another concern is that maybe that sentence is too broad. If we give the affected municipal
officer the opportunity to submit an affidavit stating mitigating facts, then the officer should be
able to answer questions about the affidavit and the facts, even if a council member; but not
participate in the discussion by Council and not vote due to conflict of interest, if a council
member.
Mayor Porter and City Councilors
07 -15 -14
Page 3 of 3
The determination by Council regarding sufficiency of the mitigating facts and reduction or
removal of fines would have to happen in a properly noticed public meeting, although the
Council could go into Executive Session if proper.
Questions: Should this be an agenda item at a regularly scheduled council meeting, or a separate
special meeting where this is the only agenda item? Should that be specified in this section of
Code, or left up to ad hoc decision at the time?
Another concern is that the reference to appeal is only with respect to fines and is in new
paragraph (c). I think appeal should be the subject of its own separate paragraph, which here
would be a new paragraph (f), like we have done in other sections of the Code.
Another concern is that the word "omission" is used in new paragraph (c) but the word
"violation" is used in new paragraph (d). This has to do with making new paragraph (c) and new
paragraph (d) work together.
Questions: Perhaps the intent is that if the affected municipal officer doesn't file an affidavit of
mitigating facts after being notified by the Clerk of an omission, then the omission becomes a
violation? And there is no need for a determination by the City Council?
And the Clerk (or Attorney) then notifies the Council in writing "of any known violation" as
provided in new paragraph (e)?
If an affidavit of mitigating facts is submitted and there is a hearing, then there would be no need
for the notice to Council under new paragraph (e); or that notice would be redundant.
New paragraph (e) provides that Council gives a mandatory direction to the City Attorney or
Clerk to notify the candidate or municipal officer of the violation and to proceed with
enforcement. Again, this direction would need to be given in a public meeting.
Question: Since enforcement is involved, should this notice in paragraph (e) be given by the
City Attorney, unless the omission or violation is by the City Attorney?
Another concern is that I'm not sure if new paragraph (b) is an improvement over existing new
paragraph (b). Existing paragraph (b) apparently already covers any noncompliant person who is
newly elected or newly appointed, providing that the noncompliant person "shall forfeit his or
her nomination and shall not be seated or sworn to the office for which he is a candidate."
Questions for Legal:
• Is the maximum civil fine $500.00 under Code?
• If yes, and Council goes with a maximum of $1,000.00, do we need to call it a civil
penalty?
1.85.050.Refusal or failure to disclose.
Kenai Municipal Code
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Title_ 1 AGENCIES, OFFICERS, AND EMPLOYEES
Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST
1.85.050 Refusal or failure to disclose.
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(a) If a candidate fails or refuses to file the statement required by KMC 1.85.010, his or her filing shall be
refused or, if previously ac-
cepted, shall be returned and his or her 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 or her
nomination and shall not be seated or sworn to the office for which he is a candidate.
(c) A person who refuses or knowingly fails to make a required disclosure of information as provided
in this chapter or who files a statement containing false or misleading information knowing it to be false
or misleading, shall be guilty of a violation and upon conviction is punishable by a fine as provided for
violations in KMC 13.05.010.
(Ords. 359, 1240)
1 of 1 7/13/143:06 PM
Kenai Municipal Code (Kenai, Alaska)
Kenai Municipal Code
Kenai, Alaska
Current through Ordinance
2722 -2013 and the December
2013 code supplement. For
more recent amendments to
this code, please refer to the
CodeAlert page, or contact the
city.
This document is provided for
informational purposes only.
Please read the full disclaimer.
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Title 1 AGENCIES. OFFICERS. AND EMPLOYEES
Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST
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 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 business interests and income sources.
(c) Each municipal officer shall file a similar statement of income
sources and business interests with the City Clerk not later than April
15th of each year that he holds office.
(Ord. 359)
1 of 1 7/14/14 4:56 PM
1.85.020 Contents of statement.
Kenai Municipal Code
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T_ itle 1 AGENCIES, OFFICERS, AND EMPLOYEES
Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST
1.85.020 Contents of statement.
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(a) The statement filed by a municipal officer or candidate under this chapter shall bean 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.
(1) The source of all income over five thousand dollars ($5,000.00) during the preceding calendar
year, received by the covered individual, including taxable and nontaxable capital gains, except that
a source of income that is a gift must be included if the value of the gift exceeds two hundred fifty
dollars ($250.00);
(2) 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 five thousand dollars ($5,000.00) in the
stock of a publicly traded corporation need not be included;
(3) 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;
(4) The identity of each trust or other fiduciary relation in which the covered individual held a
beneficial interest exceeding five thousand dollars ($5,000.00) during the preceding calendar year,
a description and identification of the property contained in each trust or relation, and the nature
and extent of the beneficial interest in it;
(5) Any loan or loan guarantee of more than five thousand dollars ($5,000.00) made to the
covered individual, and promissory note signed or debt obligation incurred by the covered
individual of more than five thousand dollars ($5,000.00), and the identity of each lender,
guaranteed party, payee, or other creditor to whom the covered individual owed more than five
thousand dollars ($5,000.00); this subsection requires disclosure of a loan, loan guarantee, note or
indebtedness only if 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 five thousand dollars ($5,000.00) 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;
(6) A list of all contracts and offers to contract with a municipality, the state or a political
subdivision or instrumentality of the state during the preceding calendar year held, bid, or offered
by the covered individual;
(7) A list of all mineral, timber, oil, or any other natural resource lease held, or lease offer made,
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1.85.020 Contents of statement. http://www.qcode.us/codes/kenai/view.php?topic=1-135-1_85
the preceding calendar year by the covered individual;
(8) A list of all contracts, bids, or offers to contract with the City of Kenai during the preceding
year which are made, offered or agreed to by the covered individual;
(9) A description of each business or financial dealing, transaction, or arrangement over five
thousand dollars ($5,000.00) by a covered individual entered into with any municipal officer of the
City of Kenai;
(10) If a covered individual as defined in KMC 1.85.070(b) is a sole proprietor or 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 City Clerk and approved by a resolution of
the Kenai City Council.
(Ords. 359, 1701 -96, 2323 -2008, 2366 -2008)
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1.85.030 Modified requirements for professionals.
Kenai Municipal Code
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T_ itle 1 AGENCIES. OFFICERS, AND EMPLOYEES
Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST
1.85.030 Modified requirements for professionals.
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Notwithstanding other provisions of this chapter, 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 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 five
thousand dollars ($5,000.00) or more for services to its members or a defined group, nor to the identity of
clients receiving services that do not fall within the covered individual's field of professional expertise. (Ords.
359,2323 -2008)
1 of 1 7/15/145:13 PM
1.85.070 Definitions as used in this chapter.
Kenai Municipal Code
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Title 1 AGENCIES, OFFICERS, AND EMPLOYEES
Chapter 1.85 FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST
1.85.070 Definitions as used in this chapter.
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(a) "Municipal officer" means the Mayor, City Manager, Members of the Council, Members of the
Planning and Zoning Commission, City Attorney and City Clerk.
(b) "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.
(c) "Domestic partner" means a person who is cohabitating with another person in a relationship like a
marriage but that is not a legal marriage.
(d) "Healthcare 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.
(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, corporation,
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.
(f) "Financial interest" means the receipt of financial benefit or the expectation of receiving financial
benefit. A financial interest includes a financial interest of any member of the person's household. A
person has a financial interest in an organization if he or she has an ownership interest in the
organization, is a director, officer or employee of the organization. A financial interest also includes
appearance as an attorney or a party plaintiff or defendant, or as a real party in interest, in any lawsuit,
master's hearing or other legal proceeding in which the city is a party plaintiff or defendant or otherwise
has a direct interest. A financial interest does not include (i) an affiliation with an organization solely as a
volunteer, club member, or the like; or (ii) a personal or financial interest of a type which is generally
shared in common with the public or a large class of citizens.
(g) "Household" includes anyone whose primary residence is in the employee's, commissioner's or
municipal officer's home, including non - relatives.
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1.85.070•Definitions as used in this chapter. http://www.qcode.us/codes/kenai/view.php?topir-=1-1-85-1_85
"Official action" means a recommendation, decision, approval, disapproval, vote or other similar
action, including inaction by an employee whether such action is administrative, legislative, quasi -
judicial, advisory or otherwise.
(Ords. 359, 1700 -96, 2319 -2008, 2323 -2008)
(Note: To the extent that this chapter sets forth disclosure requirements which are less stringent than those
imposed by AS 39.50 and AS 15.13, the more stringent requirements of State Statute must be followed. City
Attorney's Opinion 4/20/79.)
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