POLICIES OF THE HOMER
In
1983 the Homer City Council directed that policy directives be drafted to
promote routine handling of various categorical business practices.
Personnel policies were amended in accordance with policy directives dealing
specifically with personnel matters and are found in the City of
General
Statements
The
City of
Mayor
and Council are elected officials, the Mayor is not a
member of the Council and may vote only in the case of a tie vote.
The
Mayor, of the City of
The
City Council is a body of six elected officials empowered by State Statute and
Homer City Code to represent the citizenry in decisions on their behalf.
Four members of the Council constitute a majority for quorum and voting
purposes.
Policy
Directives
Council
Relations with Employees & Department Heads:
"The
Council acts as a whole, not as individuals, when interacting with employees
regarding City business."
Council
Relation with City Attorney
"Contact
with the Attorney by individual Councilmembers is expected to be judicious,
always considering the fiscal impact. Specific information requested from the
City Attorney by an individual must be in writing to the City Attorney and
copied to each Councilmember. Legal opinions on sensitive, controversial, or
potentially costly matters will be brought before the full Council for action
and should be in written form whenever possible. "Legal
Opinions" are defined as paper products and not intended to include
advice/information provided verbally. Legal opinions will be given to all
members at the same time it is given to the individual member."
"When
more than one solicited legal opinion exists on the same subject, the City
Attorney's opinion overrides."
Council
Conduct - Statement of Mayor and Council on Behalf of the City of
"Statements
of the Mayor and Council on behalf of the City are based on consensus and
resolve of the Council body and substantiated by official record."
Councilmember/Mayor
Absences
"Every
effort should be made to give advance notice of absences. Absences should
be coordinated in order to provide the highest possible attendance at Council
Meetings."
City
Council and Commission and Board Minutes
"It
is a general consensus that the official record of proceedings, the minutes of
City Council and Commission meetings, will be in the "action" format
which state clearly the subject considered and the action. Points made in
deliberation shall be reflected only. Individual comments of the Council,
Commissions and Board are summarized under "Council Comments",
“Commission Comments?or “Board Comments? Statements for the record are
prefaced with a directive that the comment "is for the record."
Public Comments, Public Testimony on Public Hearing Items and Audience Comments
shall reflect the subject of the comment or testimony, whether the commenter/testifier
is for or against the subject of his/her comments/testimony and shall reflect,
in synopsis format, any historical perspective. (Reso
06-115(A),
The
meeting chairperson shall note for the audience’s benefit that there is a three
minute time limit each time there is a place in the agenda for public
comment/testimony or audience comments. Any individual wishing to address
the City Council or any of its Advisory Bodies shall adhere to a three minute
time limit. It is the responsibility of the Chair to announce under
Public Comments, Public testimony on public hearing items and Audience Comments
that there is a 3 minute time limit. Time limits may be adjusted by the 2
minutes up or down with the concurrence of the body in special circumstances
only such as agenda content and public attendance. (Reso
06-115(A),
City
Council and Commission, Board Agenda Guidelines
Agenda
and Meeting Conduct Guidelines are as illustrated in Section 6.
City
Council Meetings
"It
is the policy of the City Council to avoid holding regular or special meetings
on State and Federal holidays. It is the custom of the Homer City Council
to cancel the second regular meeting in December.
Mayor
Pro Tem
A
Mayor Pro Tem shall be elected by the majority of the Homer City Council.
The term of the Mayor Pro Tem shall be until the call for election by the Homer
City Council of a New Mayor Pro Tem. The Mayor Pro Tem shall, in the
absence of the Mayor, act as Mayor of the City of Homer as though they
themselves had taken the Oath of Office of Mayor with all duties,
responsibilities and powers of the Office of the Mayor of the City of
Homer.
By
tradition the Council has elected a New Mayor Pro Tem at the same annual
meeting when newly elected officials are sworn in. The Mayor Pro Tem,
when acting in that capacity, does not lose the privilege or duty to vote as a
Councilmember.
Council
Seat - Customarily the selection is by seniority. Senior members may choose a
different seat prior to the junior members being seated. The Mayor Pro Tempore shall have first seating choice and then the Senior
Councilmembers and so on and so forth.
Appointment
to Board & Commissions
City
Advisory board and commission appointments are made by the Mayor upon
confirmation by the Council. Appointment of a City representative on a
board, commission, etc., that is not advisory to the City is made by the
Council. The Mayor will notify Council of vacancy and appointment at the
next regular meeting if not sooner. Data information sheets will be on
file in the City Clerk's office for those considered for appointment. The
Mayor will submit a list the names of those considered to the City
Council. Representation of a wide community cross-section is desirable on
the commissions and boards. Replacements for vacancies may be recommended
by the appropriate Commission or Board. Economic Development
Commissioners are nominated by the Mayor and confirmed by the Council for
appointment.
Orientation
of New Councilmembers
"A
general orientation to municipal government, Council conduct and expectations
will take place in close proximity to being sworn into office." The
Mayor is responsible for providing the orientation program.
Release
of Telephone, Mailing Address and Location of City Council and Commissions
"It
is the policy of the City of
New
Liquor License Applications
"All
applications for new liquor licenses will be subject first to a public
hearing, duly notified and that issuance of the license may be protested for
cause pursuant to AS 4.11.490."
Fiscal
Notes
Use
of City Letterhead
"Any
letter being sent out from the Council, using City letterhead,
should first come before the Council."
Political
Endorsement
"The
Homer City Council takes no position in the endorsement of any political
race." "Since the Mayor is not a member of the voting body and is an
elected official, there is nothing to prohibit his using his title to endorse a
political candidate."
Decorum
at Meetings
Any
person making personal, impertinent, threatening or slanderous remarks or who
shall become boisterous while addressing the Council, shall be forthwith, by
the presiding officer barred from further audience at the meeting before the
Council, unless permission to continue be granted by a majority vote of the
Council.
Lobbying
Activities
Pursuant
to Resolution 96-10, the City Manager will create and deliver to
Councilmembers' and the Mayor's mailboxes an initial list of legislation and
issues important to the City.
Each
Council member and the Mayor will choose the issue(s) and the bill(s) s/he
wishes to be responsible for and will indicate how much time s/he is willing to
spend on those items.
Where
necessary, City Council will develop formal, written positions on issues to be
voted on outside the CIP list.
When
working with a contract lobbyist or lobbying on behalf of the City, the Mayor,
City Manager and Council will be guided by the above-mentioned process.
Toward the end of the session, when legislation moves quickly, the City
Manager, Mayor or Council members responsible for specific issues may draft a
position document and send it to the appropriate players. In that case, a
hard copy of the transmittal will be distributed to Council, Mayor, and City
Manager immediately thereafter in their mailboxes, with a copy placed in
Council packets under Announcements/Presentations/Borough and Commission
Reports, thereby ensuring public involvement. (Reso
06-54,
Upon
returning from travel on City business, including lobbying trips or other trips
made on behalf of the City, the City Manager, Council members and Mayor will
file written reports for inclusion in the next Council meeting packet
under Announcements/Presentations/Borough and Commission Reports using
the attached format. Each entry describing the activity and subject(s)
discussed will be followed by a recommendation. In this way,
Councilmembers, the Mayor, or the City Manager following up will have a clear
direction to follow. (Reso 00-08; Reso
06-54,
Each
Councilmember, the Mayor, and City Manager are expected to share his/her lobbying
activities with the public in oral and written form under the agenda section
marked Announcements/Presentations/Borough and Commission Reports. (Reso 06-54,
Travel
Report Narratives are required for all travel under Announcements/Presentations/Borough
and Commission Reports. Finance verifies expenses and prepares check,
less advance, (if applicable) after receipt of check request from City
Clerk. (Reso 00-08,
Committee
of the Whole
The
Committee of the Whole may meet prior to every Regular Council Meeting at
This
is a device to enable the full Council to give detailed consideration to a
matter under conditions of freedom approximating those of a committee. The
results of any votes taken are not the final action of the Council and are
recommendations.
The
Mayor shall be the presiding officer.
No
text may be altered in any agenda item for Council's Regular meeting; however,
amendments may be recommended.
The
agenda shall be noticed the same as a Council's Regular
meeting. Only those matters on the noticed agenda shall be considered; however,
other items not on the Council's Regular meeting agenda may be considered if
the agenda item is received by the City Clerk no later than the Wednesday prior
to the meeting. "Old business" shall be added to the Committee of the
Whole agenda and shall be those items that are not on Council's Regular Meeting
agenda and that were not discussed at the previous Committee of the Whole meeting
due to insufficient time. (Reso 04-89, 10/25/04; Reso 03-118
4
PROCEDURES
GENERAL INFORMATION - (HOW TO'S)
Introduction:
Robert's Rules, Homer City Code (
ABSENCES
(To be excused from
meeting)
Notification
of future absences can be made at any Council meeting under Comments of the
Council.
Notification
of absence between meetings is accomplished by advising the Mayor, City Clerk
or City Manager.
During
opening remarks, the Mayor, or designated presiding officers declares the
status of any absence for the record.
Councilmembers
may state objections to absences either when authorization for an absence is
required by a Councilmember or declared excused by the Mayor.
EXECUTIVE
SESSION - Call for...
State
law pertaining to public agency meetings is applied in the absence of specific
City Code. AS 44.62.310(c)(1)-(3) state legal
reason for executive sessions. The law is as follows:
"The
following excepted subjects may be discussed in an executive session:
(1)
Matters, the immediate knowledge of which would clearly have an adverse effect
upon the finances of the government unit;
(2)
subjects that tend to prejudice the reputation and
character of any person, provided the person may request a public discussion;
(3)
matters which by law, municipal charter, or ordinances
are required to be confidential."
(4)
confidential records, matters involving consideration
of government records, that by law are not subject to public disclosure.
(5)
Attorney-client privilege.
(6)
Exemption for adjudicatory deliberations and decision-making.
(7)
Organizational votes.
On
the Council's Agenda only the Statute number and section are required to be
listed as the reason for Executive Session. The issue to be discussed is to be
listed in parenthesis after the reason for executive session.
This
section is not applicable to quasi-judicial bodies, i.e. Boards of Adjustment.
A
regular or special meeting may be recessed or adjourned to executive
session. Future times for executive sessions may be set by motion.
A duly constituted, called meeting with a quorum present is required for
consideration of an executive session motion. Vote on the motion is taken
by roll call.
Any
Councilmember, the Mayor or City Manager may place consideration of an
executive session on the agenda. When placed before agenda closing, the
question is decided by 2/3 vote. Request falls under the By-Law requiring
unanimous consent for additions or deletions to the agenda.
During
Executive Session:
(1) Stick to
the issue
(2) No
action; limited exceptions
(3)
Decision-making in ad judicatory proceeding
Reconvene
in public, make a statement, and take action if necessary. (Reso 03-140, 2003; Reso 01-61,
2001).
CONFLICT
OF INTEREST - When
to Express
Council
business may present a conflict. It is important to recognize and state
the conflict, immediately disqualifying yourself from participation. A
conflict of interest is considered to exist when the Councilmember has a
substantial financial interest in the matter under consideration. A
Councilmember may move to disqualify another member if he does not disqualify
himself. It is recognized that from time to time local government
officials cannot avoid the circumstance of conflict of interest or appearance
thereof. How these possible conflicts are handled is of prime importance
to the official and the municipality.
Key
Steps are 1)?notification
of substantial financial interest which then leads to 2)?Mayor or Presiding Officer determination of
whether financial interest is substantial.
Example:
City Council Agenda Item - "Resolution to create an improvement
district." A potential conflict may exist, for instance, when a
Councilmember owns property in an area for which improvements would increase
the value or development potential of the land.
(Notification):
Councilmember Landowner states he/she is a property owner in the proposed
improvement district for which improvements would increase the value or may
occur when the proposed utilities are in place.
(Determination
of Substantial Interest and Action): "I own property in this
proposed improvement. I, therefore request to be excused from
participating in discussion of or voting on this matter."
The abstain from voting without giving notice
may be a disservice to the other Councilmembers. An abstention counts as
a negative vote (Robert's Rules of Order).
Homer
City Code 1.18 reads as follows:
1.18.020 Definitions. As
used in this chapter and unless otherwise provided or the context otherwise
requires, the following terms shall have the meanings set forth in this
section:
?a.?
?/span>Applicant?means any person that is applying for an official
action by any official, employee, or body of the city including but not limited
to:
1.)?Any person authorized to act for the
applicant,
2.)?If the applicant is an organization, any
person who has an ownership interest in the organization or serves as an
officer, director or manager of the organization.
b.??/span>Body of the city?means the City Council and the boards,
commissions, committees and task forces appointed by the City Council or the
Mayor.
c.??/span>City manager?means the person who is hired by the City Council to
manage the City of
d.?"City official" means a person who holds
elective office under the ordinances of the City, or who is a member of a board
or commission whose appointment is subject to confirmation by the City Council.
e.??/span>Financial interest"
means:
1.?an interest
currently held by that person or an immediate family member including:
i.)?involvement or ownership in a business or,
ii.)?property ownership,
or a professional or private relationship, that is a source of income, or from
which, or as a result of which, a person receives a financial benefit; or
iii.)?an affiliation with
an organization in which the person holds a position of management, or is an
officer, director, trustee, employee, or the like; or
2.?financial interest
does not include:
i.)?affiliation as unpaid volunteer with a
legally recognized non-profit organization or,
ii.)?financial interests
of a type which are generally possessed in common with all other citizens or a
large class of citizens.
f.??/span>Gratuity?
means a thing having value given voluntarily or beyond lawful obligation.
g.??/span>Hired consultants and contractors?means a person or organization
hired by the city as an independent contractor and not as an employee.
h.?"Immediate family member" means:
1.?the spouse of the
person;
2.?a life partner or
person cohabiting with the person;
?3.?a child, including a stepchild and an adoptive child, of the
person;
4.?a parent, sibling,
or grandparent of the person; and
5.?a parent or sibling
of the person's spouse.
i.??/span>Large class of citizens?
means a substantially large group of citizens as decided by official decision
of the City Council made prior to the official action in question.
?
?span style='color:black'>Large class of citizens" does not
include:
a.?A single
profession, regardless of the number of persons.
b.?An
individual business or organization regardless of the number of citizens it
contains.
j. “Official action"
means a recommendation, decision, approval, disapproval, vote, or other similar
action, including inaction (when it is the equivalent of decision to take
negative action), made while serving in the capacity of city official or city
manager, whether such action or inaction is administrative, legislative,
quasi-judicial, advisory, or otherwise.
k.?"Organization" means any business,
corporation, partnership, firm, company, trust, association, or other entity,
whether organized for profit or non-profit.
l.?"Partiality" applies only in
quasi-judicial proceedings and means:
1.?The ability of a member of the
quasi-judicial body to make an impartial decision is actually impaired; or
2.?The circumstances are such that
reasonable persons would conclude the ability of the member to make an
impartial decision is impaired and includes, but is not limited to instances in
which:
(i)?the member has a personal bias or prejudice for or against a
party to the proceeding including a party's lawyer;
(ii)?the member
or an immediate family member is a party, material witness to the proceeding or
represents a party in the proceeding.
?m.?
?/span>Person?means a natural person or an organization.
n.??/span>Political activity?means any act for the purpose of influencing
the nomination or election of any person to public office, or for the purpose
of influencing the outcome of any ballot proposition or question. Informing the
public about a ballot proposition or question without attempting to influence
the outcome of the ballot proposition or question is not political activity.
o.??/span>Subject of the action?means anything under consideration for
official action including but not limited to:
1.?Appointments to any office or position of
employment,
?2.?Any
contract, project, property, or transaction subject to the action,
3.?A platting, vacation or subdivision action,
4.?An application for or other consideration of
a license, permit, appeal, approval, exception, variance, or other entitlement,
5.?A rezoning, and
6.?Appeals and quasi-judicial proceedings.
p.?"Substantial financial interest?means a
financial interest that would result in a pecuniary gain or loss exceeding
$1000 in a single transaction or more than $5000 in the aggregate in 12
consecutive months. (Ord 08-24(S-2)(A)
?, 2008).
1.18.025 Scope and Duration.
a. Except as otherwise
provided in this chapter, this chapter applies to the conduct of city officials
and the City Manager.
b.?Enforcement proceedings may be commenced and
continue to completion after a person is no longer a city official or City
Manager for conduct that occurred during the time the person was serving or
engaged in such a capacity for the city. (Ord ?/span>08-24(S-2)(A) ?,
2008).
1.18.030 Standards and
Prohibited Acts.
a.?City officials, the City Manager, and City hired
consultants and contractors, while acting in such capacity, shall not knowingly
make false statements to influence official action.
b.?Official Action. No City official or the City
Manager shall participate in any official action in which
1.?the person
is the applicant, a party or has a substantial financial interest in the
subject of the official action.
2.?within a
period of one year after the action the person will have a substantial
financial interest in the subject of the official action.
3.?the person
resides or owns land within a three-hundred foot periphery of any property
that is the subject of any action.
4.?the person
does or will recognize a substantial financial interest as a result of the
action.
?5.?
Exceptions:
i.)?This
subsection does not prohibit a person from acquiring a substantial financial
interest in the subject of the action after the longer of twelve months after
the official action is approved, or twelve months after the person's term or
employment ends.
ii.)?This section does not prohibit any
gain or loss that would generally be in common with all other citizens or a
large class of citizens.
iii.)?This section does not prohibit any
gain or loss that would generally be in common with other property owners on
property that is further than three hundred feet from the periphery of any
property that is the subject of an action.
c.?City officials and the City Manager acting in
the course of their official duties are allowed to participate in official
actions on behalf of the city or when the city itself is the applicant or subject
of the action.
d.?Undue Influence. No city official or the City
Manager shall attempt to influence the city’s selection of any bid or proposal,
or the city’s conduct of business, in which the city official or the City
Manager has a substantial financial interest. This subsection does not
prohibit a city official or the City Manager from being an applicant while
holding city office or city position, if the person takes no official action
concerning his or her own application. A city official or city manager may give
testimony and make appearances before city bodies on his or her own behalf.
e.?Participation in Appointments. No city
official shall participate in, vote on, or attempt to influence the selection
of an appointee to any board, commission or committee (i)
having authority to take official action on any pending matter or application
in which that official has a substantial financial interest or (ii) if that
official has a substantial financial interest with a nominee for the
appointment.
f.?No official shall participate in, vote on, or
attempt to influence the selection of an appointee to the Homer Advisory
Planning Commission if that official has, or could reasonably be expected to
have within one year after the date of the appointment:
1.?a rezoning,
quasi-judicial or platting action pending before the commission, or
2.?an
application that would require approval by a quasi-judicial or platting action
of the commission.
In the case of the
reappointment of an incumbent to another term, the prohibition above also
applies to an official who had such a matter pending before the Homer Advisory
Planning Commission within one year before the date of the reappointment.
The Board of Ethics may, upon written request, grant an exception to this one
year period when it determines the public interest does not require continuing
enforcement of the prohibition.
g.?Use of
Office for Personal Gain. No city official or the City Manager shall seek
office or position or use their office or position for the purpose of obtaining
anything of value for himself, an immediate family member or a business that he
owns or in which he holds an interest, or for the purpose of influencing any
matter in which he has a financial interest. This subsection does not prohibit
the receipt of authorized remuneration for the office or position.
h.?Inappropriate
Use of Office Title or Authority. No city official or the City Manager shall
use the implied authority of office or position for the purposes of unduly
influencing the decisions of others, or promoting a personal interest within
the community. City Officials and the City Manager will refrain from using
their title except when duly representing the city in an authorized capacity.
Unless duly appointed by the Mayor or Council to represent the interests of the
full council, councilmembers shall refrain from
implying their representation of the whole by the use of their title.
i.?Representing Private Interests. No
city official shall, for compensation, represent or assist those representing
private business or personal interests before the city council, administration,
or any city board, commission or agency. Nothing herein shall prevent an
official from making verbal or written inquiries on behalf of constituents or
the general public to elements of city government or from requesting
explanations or additional information on behalf of such constituents. No
official may solicit or accept a benefit or anything of value from any person
for having performed this service.
j.?Confidential
Information. No city official or the City Manger may disclose information he or
she knows to be confidential concerning employees of the city, city property,
city government, or other city affairs, including but not limited to
confidential information disclosed during an executive session, unless
authorized or required by law to do so.
k.?Outside
Activities. A city official or the City Manager may not engage in business or
accept employment with, or render services for, a person other than the city or
hold any office or position where that activity, office, or position is
incompatible with the proper discharge of the official's or City Manager’s city
duties or would tend to impair the official's or the City Manager’s
independence of judgment in performing city duties. This prohibition shall
include but not be limited to the following activities:
1.?A person
who holds an appointed city office on a board or commission shall not be
eligible for employment with the city in the department related to the board or
commission during the official's term of office and until one year has elapsed
following the period of service. An exception may be made on a case-by-case
basis with the express authorization of the city council.
?2.?A person who holds or has held an elective
city office shall not be eligible for appointment to an office or for
employment with the city during the official’s period of service and until one
year has elapsed following the period of service. An exception may be made on a
case-by-case basis with the express authorization of the city council.
?l.?
Gratuities. No city official or the City Manager shall accept a
gratuity from any person engaging in business with the city or having a
financial interest in a decision pending with the city. No city official or the
City Manger shall give a gratuity to another city official for the purpose of
influencing that person’s opinion, judgment, action, decision or exercise of
discretion as a city official. This subsection does not prohibit accepting:
1.?A meal
of reasonable value;
2. Discounts or prizes that are
generally available to the public or large sections thereof;
3. Gifts presented by an employer to its employees
in recognition of meritorious service, or civic or public awards;
4.?A lawful
campaign contribution made to a candidate for public office;
5.?An
occasional non-pecuniary gift insignificant in value;
6.?Any gift
which would have been offered or given to him if he were not a city official or
the City Manager.
?m.?
Use of City Property. No city official, the City Manager, or City
hired consultant or contractor may use, request or permit the use of city
vehicles, equipment, materials or property for any non-city purpose, including
but not limited to private financial gain, unless that use is available to the
general public on the same terms or unless specifically authorized by the city
council. This subsection does not prohibit de minimis
personal use.
n.?Political Activities, Limitations of
Individuals. A city official may not take an active part in a political
campaign or other political activity when on duty. Nothing herein shall be
construed as preventing such officials from exercising their voting franchise,
contributing to a campaign or candidate of their choice, or expressing their
political views when not on duty or otherwise conspicuously representing the
city.
o.?Influencing another city official’s
vote. A city official may not attempt to influence another city official’s vote
or position on a particular item through contact with the city official’s
employer or by threatening financial harm to another city official.
p.?City officials or the City Manager shall not participate
in public testimony before any city body in any matter in which they have a
substantial financial interest unless
?1.)?they or the city are the applicant, or
?2.)?they fully and publicly disclose the nature of their
interest in the subject of the action. (Ord 08-24(S-2)(A) ?, 2008).
1.18.040 Business dealings with city.
a.?Not less than ten days before the date when
official action may be taken by the council or by any officer, the City
Manager, commission or other agency of the city upon business dealings between
the city and a city official or an organization in which the city official has
a substantial financial interest, the city official shall file a statement with
the city clerk. The statement shall set forth the nature of such business
dealings and the city official’s interest therein. This statement is only
required when the person receives a beneficial substantial financial
interest. If all other provisions of this chapter are complied with, the
statement shall be sufficient for continuing transactions of a similar or like
nature for one year from the date of its filing. However, if an official has
violated any of the provisions of this chapter, he shall be precluded from
engaging in business with the city on that particular matter for one year.
b.?Upon taking office or upon subsequently
acquiring the interest, an official shall, within ten days, file
with the city clerk a statement disclosing any substantial financial interests
of the official or the City Manager in any existing business with the city,
including those of any organization in which the official or the City Manager
has a substantial financial interest.
c.?The City Manager
shall not engage in business with the city outside the duties of City Manager.?(Ord 08-24(S-2)(A) ?, 2008).
1.18.043 Public
Disclosure.
a.?Each city official and City Manager must annually file a
Financial Interest Disclosure Statement using forms substantially the same as
the following selected schedules from the Alaska Public Offices Commission
Public Official Financial Disclosure Statement: Schedules B (business
interests), C (real property interests / rent to own), E (the portion relating
to natural resource leases only), F (government contracts and leases) and G
(close economic associations). The City Clerk shall provide the forms to
each city official. The City Clerk may make such alterations to the forms
as may be necessary.
b.?The Financial Interest Disclosure Statement
must be filed by November 1 each year. A newly appointed official must
file a statement within 30 days after taking office. Each candidate for
elected city office must file a disclosure statement at the time he or she
files a declaration of candidacy, except an incumbent seeking reelection with a
current disclosure statement on file. Refusal or failure of a candidate
to file the required disclosure statement before the end of the time period for
filing declarations of candidacy shall require that the candidate's declaration
of candidacy be rejected and the candidate disqualified.
c.?The disclosure statement must be true, correct
and complete and shall be signed under oath or affirmation, or certified to be
true under penalty of perjury. Not filing a statement within the stipulated
period is a violation of this chapter.
d. The disclosure
statement shall be filed with the city clerk and shall be open to public
inspection and copying at the office of the city clerk. The disclosure
statement will not be sent to the Alaska Public Offices Commission. (Ord 08-24(S-2)(A) ?, 2008).
1.18.045 Procedure for
declaring potential conflict of interest-city officials.
a.?A city official who has or may have a substantial financial
interest in an official action shall disclose the facts concerning that
interest to the body of the city of which the official is a member prior to the
body taking any official action. Any member of the body may raise a question
concerning another member's financial interests, in which case the member in
question shall disclose relevant facts concerning the official's financial
interests in the subject of the action.
b.?If the official is a city council member, the
mayor, or the mayor pro tem in the absence of the mayor, shall rule on whether
the council member must be excused from participation or must vote. The
ruling may be immediately overridden by a majority vote of the city
council. There is no appeal from the action or inaction of the city
council to override or not override the ruling of the mayor.
c.?If the official is not a city council member,
the official may excuse themselves without a vote for conflict of interest,
otherwise the board, commission, or other body of which the official is a
member shall by majority vote rule on whether the member must be excused from
participation, which must be the ruling when the body determines the official
has a substantial financial interest in the official action. There is no
appeal from the ruling of the body.
d.?The official shall abide by the ruling.
If the official is not a city council member, the ruling applies (without the
need for further disclosures and rulings) to all subsequent occasions on which
the same official action comes before the same body, unless there has been a
material change of circumstances. On each such subsequent occasion, the
presiding officer shall note for the minutes that the ruling previously made
continues in effect.
e.?An official who is ruled to be excused from
participation shall leave the official table and not vote, debate, testify, or
otherwise take part in the official action, except an official who is an
applicant may testify on his or her own behalf from the public testimony area.
f. Rule of necessity;
Exceptions to a ruling excusing a member from participation shall be made in
cases where
(1) by reason of being excused for conflicts of interest the number of members
of the council or other body eligible to vote is reduced to less than the
minimum number required to approve the official action,
(2) no other body of the city has jurisdiction and
authority to take the official action on the matter, and
(3) the official action cannot be set aside to a later
date, within a reasonable time, when the body could obtain the minimum number
of members to take action who are not excused for conflicts of interest.
When the body determines
this exception applies, then all members, except the applicant when the
applicant is a member of the body, shall participate in the official
action.?(Ord
08-24(S-2)(A) ?, 2008).
1.18.047 Procedure for
declaring potential conflicts of interest ?City Manager.
The City Manager who has
or may have a substantial financial interest in an official action shall
disclose the facts concerning the manager's financial interests to the City
Council prior to taking any official action. If the City Council determines the
manager has a substantial financial interest in the action, the City Council
shall excuse the manager and assign another city employee to the matter. (Ord 08-24(S-2)(A) ?, 2008).
1.18.048 Procedure for
declaring and ruling on partiality in quasi-judicial matters.
a.?A city official or the City Manger who has partiality concerning a
quasi-judicial matter shall not advise on matter, adjudicate the matter or serve
as a member of a body adjudicating the matter.
b.?A city official who is a member of a quasi-judicial body and who
has or may have partiality concerning a matter to be adjudicated shall disclose
the facts concerning the official's possible partiality to the body to the
parties to the matter prior to the commencement of proceedings by the
body. Any member of the body, and any party to a matter before the body,
may raise a question concerning a member's partiality, in which case the member
in question shall disclose facts concerning the official's possible partiality
in the matter.
c.?After such disclosure, the city official may
excuse themselves for partiality without a vote of the body, otherwise the body
(including a body comprised of city council members when serving in a
quasi-judicial capacity) shall by majority vote, rule on whether the member
must be excused from participation, which must be the ruling when the body
determines the official has partiality concerning the matter.
d.?Rule of necessity; Exceptions to a ruling
excusing a member from participation shall be made in cases where
(1) by reason of being excused for partiality the number of members of the
council or other body eligible to vote is reduced to less than the minimum
number required to approve the official action,
(2) no other body of the city has jurisdiction and
authority to take the official action on the matter, and
(3) the official action cannot be set aside to a later
date, within a reasonable time, when the body could obtain the minimum number
of members to take action who are not excused for partiality.
When the body determines
this exception applies, then all members, except the applicant when the
applicant is a member of the body, shall participate in the official action.
e.?The City Manger who has or may have
partiality concerning a quasi-judicial matter over which the manager has
decision-making authority shall either (i) appoint
another city employee to make the decision or (ii) disclose the facts
concerning the possible partiality to the City Council and to the parties to
the matter prior to taking any official action . If referred to the City
Council and the City Council determines the manager has partiality concerning
the matter, the City Council shall excuse the Manager and cause another city
employee to be assigned to decide the matter. (Ord
08-24(S-2)(A) ?, 2008).
1.18.050 Procedures for
violation reporting.
a.?Any person who believes that a violation of any
portion of this chapter has occurred may file a written complaint of potential
violation with the city clerk’s office.
b.?All written complaints of potential violation
submitted under this chapter shall be signed by the person submitting the
complaint. A written complaint of potential violation shall state the address
and telephone number of the person filing the complaint, identify the
respondent, affirm to the best of the person's knowledge and belief the facts
alleged in the complaint of potential violation signed by the person are true.
The person filing the complaint of potential violation shall identify the
section of this chapter the person believes was violated, state why the person
signing the complaint of potential violation believes the facts alleged constitute
a violation of that section, and identify any documentary or testimonial
evidence the person filing the complaint believes are in support of the
notification of potential violation.
c.?Written complaints of potential violations filed
with the City Clerk’s office shall be forwarded to the Board of Ethics under
Chapter 1.79. The Board of Ethics has sole jurisdiction to decide the
merits of the complaint filed under this chapter. (Ord
08-24(S-2)(A) ?, 2008).
a.?Where any city official or the City Manager has a
doubt as to the applicability of any provision of this chapter to a particular
situation, or as to the definition of terms used herein, he may apply in
writing to the city attorney for an advisory opinion. The city official or City
Manager shall have the opportunity to present his interpretation of the facts
at issue and of the applicability of provisions of the chapter before such
advisory opinion is made. The request must clearly state it is a
request for an advisory opinion under this section of the ethics code.
b.?Such
opinion, until amended or revoked, shall be binding on the city in any
subsequent actions concerning the public official who sought the opinion and
acted on it in good faith, unless material facts were omitted or misstated in
the request for the advisory opinion. An advisory opinion shall be applicable
and binding only to the particular set of facts and instances of conduct for
which it was requested and shall have no force or effect for purposes of
general application. Such opinion shall not be binding or admissible in
evidence in any action initiated by any private citizen. (Ord 08-24(S-2)(A) ?, 2008).
1.18.070 Violation and penalty. Any official who violates any of the provisions of this chapter
shall be guilty of a violation subject to punishment pursuant to
1.18.090 Distribution of Code. The city clerk shall cause a copy of this chapter to be
distributed to each city official elected or appointed before entering upon the
duties of his office and to the City Manager upon employment. (Ord 08-24(S-2)(A) ?, 2008).
1.18.100
Application of state statutes.
a.?Nothing in this chapter is intended to curtail,
modify, or otherwise circumvent the application of the Alaska Statutes to any
conduct involving bribery or other offenses against public administration.
b.?All
municipal officers as defined by Alaska Statutes Chapter 39.50 are exempt from
the provisions of AS 39.50 relating to conflicts of interest or financial
disclosures. (Ord 08-24(S-2)(A)
?, 2008).
STANDARD
OPERATING PROCEDURE
- Motions
Liquor
Licenses -
Application for new, renewal, or transfer of the liquor licenses within the
City are reviewed by the Council. The Alcoholic Beverage Control Board
allows municipalities the opportunity to protest all such applications before
their final consideration and disposition. Status of taxes is checked
with the Borough and comment is solicited from the Homer Department of Public
Safety by the City Clerk's Office as standard course of action. Any
negative reports are stated in informational memoranda about the liquor
license. Liquor license applicants are notified of the report given to
Council.
Liquor
Licenses are normally placed on the consent agenda, and can be removed for
discussion by any Councilmember. The memoranda from the Clerk will
clearly state a recommendation to "approve", "object" or
"voice no objection" to the action on the license.
Games
of Chance and Skill Permit
- These permits are not transferable, so applications are either new or for a
renewal. Alaska Department of Revenue issues the permit. All
permits requiring acknowledgment of proof of filing shall be executed upon
receipt by the City Clerk’s Office, with a Report Memorandum from the Clerk’s
Office through the City Manager under the City Manager=s Report. All
permits requiring approval by the local government unit,
shall not be executed by the City Clerk until Council has taken action,
generally via Consent Agenda at a Regular Meeting. The memoranda
from the Clerk will clearly state a recommendation to "approve",
"object" or "voice non objection". A simple motion
for approval or non objection of the permit advances the application to the
State for issuance. Protest is limited to the lack of qualification of
the applicant. (Reso 96-110)
Vacations
of Right-of-Way - AS 29.33.220 governs dedication of
right-of-way; vacation thereof. The Council is allowed thirty days
following the decision of the platting board to veto that decision. No
action on the agenda item constitutes approval. To disapprove, the motion
must be to "veto the vacation". This item is generally placed
on the Consent Agenda.
STATEMENTS/COMMENTS
FOR THE RECORD: Certain
statements for the record are SOP; 1)
Councilmember qualifying potential conflict, Council." For
other statements to be included remarks are prefaced by the directive "For
the Record...."
APPEALS,
COUNCIL AS BOARD OF ADJUSTMENT; Occasionally,
the City Council convenes as a Board of Adjustment on appeals from the Planning
Commission.
TELECONFERENCE
PROCEDURES
Teleconference
participation in meetings.
?a.?Sections 1.24.100 through 1.24.120
govern the telephonic participation of the Mayor and members of the Council at
all meetings of the City Council, including all other bodies that are comprised
of the Mayor and members of the Council, such as, but not limited to, the Board
of Adjustment and an ethics board.
?b.?The preferred procedure for City
Council meetings is that the Mayor and all Council members should be physically
present at the designated time and location within the City for the meeting.
However, physical presence may be waived and the Mayor and any member(s) may
participate in a Council meeting by teleconference, subject to the procedures
and limitations provided in sections 1.24.100 ?1.24.120.
?c.?A person participating by
teleconference shall, while actually on the teleconference, be deemed to be
present at the meeting for all purposes. The person shall make every effort to
participate in the entire meeting.
?d.?If the Mayor participates telephonically
the Mayor Pro Tem, or the senior Council member in the Mayor Pro Tem’s absence, shall preside over and perform all functions
of the Mayor at the meeting.
?e.??/span>Teleconferencing?means a means used
for remote participation by an official for a meeting of the city council which
must enable the remote official for the duration of the meeting, to clearly
hear the mayor, all councilmembers, the city clerk
and public testimony and to be clearly heard by the mayor, all councilmembers, the city clerk and the public in
attendance. (Ord 07-45(A)(S)?span
style='font-family:"Tahoma","sans-serif"'>1, 2007).
Teleconference
procedures.
?a.?A Mayor or Council member who cannot
be physically present for a regularly scheduled Council meeting shall notify
the City Clerk at least five days prior to the scheduled time for the meeting
of his or her request to participate in the meeting by telephonic means of
communication.
?b.?Three days prior to the scheduled time
for the Council meeting, the City Clerk shall notify the Mayor and Council of
the person’s request to participate by teleconference.
?c.?At the commencement of the Council
meeting a telephonic connection will be established with the person or persons
intending to participate telephonically. After a telephonic connection is
established the Mayor shall call for a vote of the council on whether the
person(s) may or may not participate by telephone. Prior to the vote, the Mayor
or Council members may make such inquiries as necessary to make a decision.
Only the council members physically present may vote on the question. The
Council’s determination is final and not subject to veto or appeal. If a person
participates in the meeting telephonically without a ruling from the Council,
it shall be deemed to be with the approval of such participation by the
Council, and all actions taken by the Council with the participation of all
such persons are valid.
?d.?Sections a. and b. of this section do
not apply to special meetings or emergency meetings of the City Council called
under §§ 1.14.030 and
1.14.050 of the Homer City Code. A Council member or Mayor who requests to
participate in a special or emergency meeting of the City Council must notify
the City Clerk before the time scheduled for the start of the meeting. The
Clerk will notify the Mayor and Council no later than the commencement of the
meeting. After a telephonic connection is established with the person or
persons requesting to participate telephonically, a ruling shall be made on the
person’s participation in the meeting as provided in subsection c. of this section.
?e.?
The means used for a teleconference meeting of the City Council must
enable each member appearing telephonically to clearly hear the Mayor, all
other Council members, and public testimony at the meeting as well as be
clearly heard by all other Council members and members of the public in
attendance.
?f.?The City Clerk shall note in the
journal of the proceedings of the City Council all members appearing
telephonically.
?g.?To the extent practicable, materials
to be considered by the council shall be made available to those attending by
teleconference. (Ord 07-45(A)(S)?span
style='font-family:"Tahoma","sans-serif"'>2, 2007).
Teleconference ?limitations.
?a.?All Council members and the Mayor
should make all reasonable effort to be physically present for every meeting.
Teleconference procedures may not be used as a regular means of attendance at
meetings.
?b.?Participation by teleconference may be
denied whenever the physical presence of the individual is considered essential
to effective participation in the meeting or to the proper conduct of the
business to be addressed at the meeting.
?c.?If teleconference is denied the
individual will be listed as absent.
?d.?Each Council member and the Mayor may
attend a maximum of three City Council meetings by teleconference during the 12
month period commencing November 1 each year.
?e.?Each Council member and the Mayor may
attend additional teleconferences as a special exception if expressly approved
for good cause in each instance by a vote of the Council. Good cause may
include, but is not limited to absence required for extended medical care
needed for the individual or the individual’s immediate family.
?f.?No Council member or the Mayor shall
attend by telephonic means:
1. an executive session of the City
Council.
2. a hearing on an ethics charge under
Chapter 1.18. (Ord 07-45(A)(S)?span
style='font-family:"Tahoma","sans-serif"'>3, 2007; Ord 08-31(S) ?span
style='font-family:"Verdana","sans-serif"'>1, 2008).
5
HOMER
BYLAWS
1.24.040 By-laws
for Council procedure.
The Original By laws were passed by resolution of the Common Council on the
thirty-first day of March, 1964. The present bylaws were codified and have been
revised through Ordinances 90-22, 91-12, 92-28(S) and 96-7(S)(A);
and shall be in effect and govern the procedures of the Common Council of the
City:
a.?To abide by existing Alaska State Law pertaining to
cities of the first class:
b.?To abide by the current edition of "Robert's Rules
of Order," insofar as this treatise is consistent with these by-laws,
other provisions of the Homer City Code, or written standing rules adopted by
the City Council. In all other cases, the by-laws, the Code or the
standing rule shall prevail;
c.?The Council's agenda format specified in the City of
1.?
The manual may be revised with Council approval;
2.?
A copy of the manual shall be available to the public during regular
business hours at the
d.?Regular Meetings:
1.?
Second and fourth Mondays of each month at
2.?
Agenda to each Councilman thirty-six hours prior to meeting, by City
Clerk,
3.?
Adding items to or removing items from the agenda will be by unanimous
consent of the Council;
e.?Special Meetings:
1.?
Called by Mayor or majority of the Council,
2.?
If a majority of members are given at least thirty-six hours oral or
written notice and reasonable efforts are made to notify all members, a special
meeting may be held at the call of the presiding officer or at least one-third
of the members;
3.?
Agenda shall be as per subsection (c);
4.?
Public notice of a special meeting shall be made as provided in chapter
1.14.
f.?Emergency Meetings:
1.?
By unanimous consent of quorum,
2.?
Required justifiable reason,
3.?
Informal agenda--Limited to emergency;
4.?
Public notice shall be made as provided in chapter 1.14.
?
g.?
Teleconference meetings.
1.?
By determination of the Council, pursuant to
chapter 1.14.
h.?Quorum; Voting:
Four Council persons shall constitute
a quorum. Four affirmative votes are required for the passage of an
ordinance, resolution, or motion. A member of the Council acting as Mayor
Pro Tem shall not lose his or her vote as the result of serving in such office.
The Mayor is not a Council member and may vote only in case of a tie. The
final vote on each ordinance, resolution or substantive motion may be a roll
call vote or may be done in accordance with 1.24.040(k);
i.?
Motions to Reconsider:
A member of the Council who voted
with the prevailing side on any issue may move to reconsider the Council's
action at the same meeting or at the next regular meeting of the body.
Notice of reconsideration shall be given to the Mayor or City Clerk within
forty-eight hours from the time the original action was taken;
j.?Abstentions:
All Council
persons present shall vote unless abstention is required by law (AS
29.20.160(d));
k.?Consensus:
The Council may, from
time to time express it's opinion or preference concerning a subject brought
before it for consideration. The statement, representing the will of the
body and a meeting of the minds of the members, may be given by the presiding
officer as the consensus of the body as to that subject without taking a motion
and roll call vote;
l.?Vacancies:
?An elected municipal office is vacated
under the following conditions and upon the declaration of vacancy by the
Council. The Council shall declare an elective office vacant when the
person elected:
1.?
Fails to qualify or take office within thirty
days after his election or appointment,
2.?
Resigns and his resignation is accepted,
3.?
Is physically or mentally unable to perform the
duties of his office as determined by two-thirds vote of the Council;
4.?
Is convicted of a felony or misdemeanor described in AS 15.56 and
two-thirds of the members of the Council concur in expelling the person
elected;
5.?
Misses three consecutive regular meetings unless excused, or
6.?
Is convicted of a felony or of an offense involving a violation of the
oath of office.
7.?
Is convicted of a violation of AS 15.13 concerning Alaska Public Offices
Commission reporting requirements;
8.?
No longer physically resides in the municipality and the City Council by
two-thirds vote declares the seat vacant; and
9.?
Is physically absent from the municipality for ninety consecutive days
unless excused by the City Council.
m.?Salaries of Elected Officials:
The Council may fix by ordinance the
salaries of elected officials. The Councilmembers will receive a $100.00 non
wage stipend per month during their term of office as a reimbursement for
expenses and the Mayor at $150.00 per month. The City shall not spend any funds
for elected officials?membership in the Public Employees Retirement System. An
elected official may not receive any other compensation for service to the
municipality unless specifically authorized to do so by ordinance. Per diem payments or reimbursements for expenses are not
compensation under this section.
n. Any
person making personal, impertinent, threatening or slanderous remarks or who
shall become boisterous while addressing the Council, shall be forthwith, by
the presiding officer barred from further audience at the meeting before the
Council, unless permission to continue be granted by a majority vote of the
Council. (Ord 05-58(S)(A), 2005; Ord 03-48(A), 2003; Ord 01-30,
2001; Ord 99-17(A) section 2, 1999; Reso 99-86 section 2.,
6
1.
CALL TO ORDER, PLEDGE
OF ALLEGIANCE
Four council members (quorum) is required.
Pledge of Allegiance will be said for
all Regular and
Special Meetings.
2.
APPROVAL OF THE AGENDA
The agenda closes at
3.
PUBLIC COMMENTS REGARDING ITEMS ALREADY
ON THE AGENDA
No prior arrangement is
required. The public may have unrestricted access to the City Council for
comments regarding matters already on the agenda with the exception of matters
listed under Public Hearings or questions on presentations given under Visitors
section of the agenda; these should be held until Comments of the
Audience. Those giving testimony are requested to preface remarks with
their name & address for the record. The Mayor will provide time
limitations on presentations based on the volume of business before the
Council. No official action will be taken by the Council under this
business item. Any comments regarding Board of Adjustment hearings must
be on procedure only. No comments that contain any argument or new
evidence are acceptable and are subject to being cut short by the Mayor and/or
Council.
4.
RECONSIDERATION
When a Councilmember has issued
notice of reconsideration on an item, the reconsideration is acted upon at this
point in the meeting. The Item to be reconsidered is placed under Pending
Business, Ordinances or Resolutions - depending on the item.
5.
CONSENT AGENDA
The following business items are
appropriate for the consent agenda. These items are acted upon by one
motion for approval of the Consent Agenda. If discussion is requested on
an item that item may be removed from the Consent Agenda and placed on the
Regular Agenda.
1)
Minutes approval
2)
Liquor license renewals and transfers
3)
Any gaming permit requiring approval of the local
government unit.
4)
Confirmation of Commission & Board Appointments
5) Resolutions (of a general nature required
for normal business operations of the City)
6)
Requests to hold Executive Session. (Executive Session will typically be
conducted at the end of business, just prior to Audience Comments, unless the
Mayor calls for the Executive Session to be held at another point in the
agenda.) (Reso 03-140,
7)
Change Orders
8)
Travel Authorization (Reso 00-08,
9)
Ordinance introduction and first reading and setting the public hearing date
and second reading date. (Reso 00-82,
The Mayor or any Councilmember,
whether a/the sponsor or not, may remove an item and place that item on the
Regular Agenda during the Tentative Agenda period and up until the printing and
distribution of the packet. The City Clerk shall notify the sponsor(s) of
said change. The Mayor and Council shall have agendas with blank lines
under Consent Agenda, Ordinances, New Business and Resolutions for the purposes
of keeping track of changes to the Consent Agenda, Ordinances, New Business and
Resolutions.
This format shall be utilized as much
as it reasonable for the Standing Committees, Committees, Task Forces and the
like. (Reso 06-132,
6.
VISITOR(S)
These requests must be approved by
the City Manager or Mayor. To be placed in the visitors
category, an outline, letter, or other descriptive material must be provided
(timely) for distribution in the City Council Packet. Official action of
the City Council is not taken under this agenda item. NO questions from
the audience will be taken until "Comments of the Audience"
7.
ANNOUNCEMENTS/PRESENTATIONS
BOROUGH & COMMISSION REPORTS
Announcements are made from the
council table (Council Members, Mayor or City Manager). The Chair may be
provided written information in advance of the meeting to announce for
non-Councilmembers, at the Chair's discretion. Borough or Advisory
Commission reports may also be presented at this time. No action by
Council will be made here, although the Council may request a matter brought to
their attention in a report be placed on an agenda for a future meeting.
Travel Narrative Reports. (Reso 00-08,
8.
PUBLIC HEARINGS
This agenda item is intended to
provide for formal hearing testimony regarding ordinances, resolutions, or as
directed by the Chair or majority of City Council. Those giving testimony
are requested to preface remarks with their name and address for the record.
Public Hearing testimony may be time
limited by the Chair. Council may make inquiries of those giving
testimony. After the public has finished testifying the City Council may take
final action, including amendments, on an Ordinance, provided that the public
has been notified that such action may occur at this time and shall follow the
other procedures as outlined under Item 9. (Reso
01-36, 2001; Ord
01-18, 2002).
9.
ORDINANCES
For first and
subsequent readings including the final reading of ordinances, and all formal
votes on motions of amendment, adoption or other disposition of ordinances. Votes are taken by roll
call. Placement of an ordinance is limited to the City Manager, Mayor or
Council Members. However, introduction/first reading of Ordinances and setting
of public hearing may be placed on the Consent Agenda. Ordinances may be
postponed at introduction or subsequent readings to the next regular or special
meeting.
Editing form for Ordinances:
Deletions are characterized strike over and may be in brackets. Additions
are characterized by bold lettering and underlining.
Sponsors, authors, Directed by
Council or Requested by staff may be placed at the top of the Ordinance. (Reso 01-36, 2001; Ord
01-18, 2001).
10.
The Manager or his designee reports
to the City Council. Questions and answers between the Council and
Manager are appropriate. Official action is not taken by the Council
under this agenda item. A monthly report will be provided in the Council
informational packet.
11.
COMMITTEE REPORTS
Reports of Council standing
committees are given. Official action is not normally taken by the
Council under this agenda item.
12.
PENDING BUSINESS
Access is limited to the City Manager,
Mayor and members of the City Council. Requests for items to be placed on
agendas at Council meetings for future council agendas will be subject to vote
of the City Council. Voice vote or roll call vote will constitute action
of the City Council. Reference
13.
The same provisions as under pending
business apply here.
14.
RESOLUTIONS
A Council Member, Mayor or City
Manager can direct that a resolution appear on the agenda. Notation of
sponsor can appear on the face of the resolution. Formal action of the
Council will be by roll call vote.
Sponsors, authors, Directed by
Council or staff may be placed at the top of the Resolution.
Council
Training & Informational Materials
Deleted from the Packet by Council
consensus and signing of a Memorandum by the Councilmembers on
15.
COMMENTS OF THE AUDIENCE
Members of the audience may address
the City Council at will on any subject whether or not on the agenda. The
Mayor may time limit remarks.
16.
COMMENTS OF THE
Reserved for
Comments of the City Attorney.
Action of the Council is not taken here.
17.
COMMENTS OF THE
Reserved for
comments of the City Clerk.
Action of the City Council is not taken here.
18.
COMMENTS OF THE MANAGER
Reserved for
comments of the City Manager.
Action of the City Council is not taken here.
19.
COMMENTS OF THE MAYOR
Reserved for
comments, reports, or notification of the Mayor. No Council action is taken
here.
20.
COMMENTS OF THE COUNCIL
Each Council Member may comment
regarding any subject whether or not on the agenda. This is an
appropriate place to note or bring to the attention of the Mayor, Council and
Administration any miscellaneous business or point of interest.
Miscellaneous announcements, notifications of absence from future Council
meetings, and requests for items to appear on the agenda, are other areas
appropriately covered.
Notice of reconsideration may be
given, re: 1.24.040(i).
21.
ADJOURNMENT/NOTICE OF
Meetings will be concluded by or
recessed by
The Regular Agenda format for all
advisory bodies of the City Council shall utilize the following basic agenda
format:
NAME OF BODY ? ?DATE
OF MEETING
PHYSICAL LOCATION OF
MEETING ?
HOMER,
REGULAR MEETING
AGENDA
1.
CALL TO ORDER
2.
APPROVAL OF AGENDA
3.
PUBLIC COMMENTS REGARDING ITEMS ON THE AGENDA. (3 MINUTE TIME LIMIT)
4.
RECONSIDERATION
5.
APPROVAL OF MINUTES or CONSENT AGENDA
6.
VISITORS (Chair set time limit not to exceed 20 minutes) (Public may not
comment on the visitor or the visitor’s topic until audience comments.) No
action may be taken at this time.
7.
STAFF & COUNCIL REPORT/COMMITTEE REPORTS/BOROUGH REPORTS (Chair set time
limit not to exceed 5 minutes.)
8.
PUBLIC HEARING (3 MINUTE TIME LIMIT)
9.
PLAT CONSIDERATION (Planning Commission only)
10. PENDING
BUSINESS or COMMISSION BUSINESS
11.
INFORMATIONAL MATERIALS (NO ACTION
12.
INFORMATIONAL MATERIALS (NO ACTION
13. COMMENTS
OF THE AUDIENCE (3 MINUTE TIME LIMIT)
14. COMMENTS
OF THE
15. COMMENTS
OF THE COUNCILMEMBER (If one is assigned)
16. COMMENTS
OF THE CHAIR (May be combined with COMMENTS OF THE COMMISSION/BOARD since the
Chair is a member of the Commission/Board.)
17. COMMENTS
OF THE COMMISSION
18.
ADJOURNMENT/
Contact info for the department
constructing the agenda. Example: City Clerk’s Office, clerk@ci.homer.ak.us.
7
Audience Participation ?Audience comments are acceptable when invited by a
Councilmember or the Mayor. Audience comments as an
agenda item is provided so that anyone wising to speak to the Council
may do so without prior arrangement. The Mayor may limit the time for
“Comments Upon Matters Already on the Agenda or
Audience Comments.? Comments are generally limited to 3 minutes per
person unless authorization to speak longer is granted by Council action. (Reso 06-54,
BASIC TIME LIMIT (Public Comments,
Public Hearing Testimony and Audience Comments.) Comments are limited to three
minutes per person per issue unless authorization to speak longer is granted by
Council action. In the interest of time, the Council has found it
necessary to place a time limit. It may be desirable to have one
spokesperson for special interest groups making a statement to the Council. (Reso 06-54
Any
person making personal, impertinent, threatening or slanderous remarks or who
shall become boisterous while addressing the Council, shall be forthwith, by
the presiding officer barred from further audience at the meeting before the
Council, unless permission to continue be granted by a majority vote of the
Council.
This
is item m. of the Council's ByLaws. Any Councilmember
may rise to a Point of Order regarding this issue.
GENERAL
AGENDA
Regular City Council Meetings
Tentative
Agendas
1.
Tentative and Preliminary agenda items, type of enactment and subject only,
need to be to the City Clerk by Thursday of the week proceeding Council packet
week.
2.
The final packet ready document needs to be to the City Clerk as soon as
possible prior to
3. Any late agenda item not meeting
the tentative agenda deadline and/or not meeting the packet deadline shall be
discussed with the Mayor by the submitter, if a Councilmember.
4. All other late items, unless of an
immediate nature shall be placed on the next tentative agenda.
Agenda
1.
Agenda closes at
2.
The City Manager, Mayor and City Clerk review the agenda at
3.
Informational packets are available for pick up usually on Thursdays at
4.
Items may be added or removed from the agenda by unanimous consent of the
Council.
Special City Council Meeting
Called
and agendas established by the Mayor or four (2/3) City Councilmembers.
Adequate notice must be given to provide for materials preparation and delivery
of meeting notice thirty -six (36) hours prior to the meeting.
Emergency City Council Meeting
By
unanimous consent of quorum, four Councilmembers, requires justifiable reason,
informal agenda - limited to emergency, public notice as soon as possible and
repeated at least two times prior to meeting.
Worksessions, Special Meetings, and Executive
Sessions
May be called at any time, including
beginning at 4:00 p.m. and ending not later than 5:50 p.m. before a Regular
Council Meeting, with proper notice to the public. The agenda and packet
information may be handed out at the worksession
depending on the nature of the session. No formal action may be
taken. May be called by Mayor or four Councilmembers.
Public notice requirements are relaxed but should be at least broadcast as soon
as possible and repeated at least two addition times prior to the
session. Reference:
Committee of the Whole
The
Committee of the Whole may meet prior to every Regular Council Meeting beginning
at 5:00 p.m. and ending not later than 5:50 p.m. when scheduled worksessions do not exceed 4:50 p.m. This is a device to
enable the full Council to give detailed consideration to a matter under
conditions of freedom approximating those of a committee. The results of any
votes taken are not the final action of the Council and are recommendations.
The Mayor shall be the presiding officer. No text may be altered in any agenda
item for Council's Regular meeting; however, amendments may be recommended.
The
agenda shall be noticed the same as a Council's Regular
meeting. Only those matters on the noticed agenda shall be considered; however,
other items not on the Council's Regular meeting agenda may be considered if
the agenda item is received by the City Clerk no later than the Wednesday prior
to the meeting. "Old business" shall be added to the Committee of the
Whole agenda and shall be those items that are not on Council's Regular Meeting
agenda and that were not discussed at the previous Committee of the Whole
meeting due to insufficient time. (Reso 09-116(A), 11/23/09;
Reso 03-118(A),
NOTICE
ADDRESSING THE
In order to address the City Council,
please:
1.
Raise your hand for the Mayor's recognition.
2.
Upon recognition, take the public testimony place in front of the Council
table, sign in on the sheet provided giving your name, address and indicating
whether you are a resident of the City. (please
print)
3.
Address the Council as a body.
DECORUM AT MEETINGS
Any person making personal, impertinent,
threatening or slanderous remarks or who shall become boisterous while
addressing the Council, shall be forthwith, by the presiding officer barred
from further audience at the meeting before the Council, unless permission to
continue be granted by a majority vote of the Council.
CITIZEN'S DISCUSSIONS
There are four places on the agenda where
citizens may address the Council.
1.
PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA, Item 3. This
item is on the agenda so you may speak on any item on the agenda, unless the
matter is listed under Public Hearings or Visitors.
The Mayor will provide time limitations on presentations based on the volume of
business before the Council. Changes to the agenda occur just before this item,
so if any item is removed you may not address it here; if an item is added, you
may. When in doubt, clarify with the Chair. (Mayor or Mayor Pro Tem)
2.
PUBLIC HEARINGS, Item 6. Public Testimony is taken on any of the
matters listed under the public hearing portion of the agenda. Agendas
and public hearing information are available at the table in back of the
Council Chamber. Public Hearing testimony may be time limited by the Mayor.
3.
VISITORS, Item 8. This place is for presentations previously
arranged with the City Clerk, approved by the Mayor and listed on the
agenda. Comments on a visitor's presentation by the
audience is restricted to Item 15, Comments of the Audience.
4.
COMMENTS OF THE AUDIENCE, Item 15. You may address the Council
regarding any matter at this point. The Mayor may time limit remarks.
TIME LIMITATIONS:
The Mayor may limit the time for public comments, public testimony and Audience
Comments. Comments are limited to no more than 3 minutes per person, per issue
unless authorization to speak longer is granted by Council action. In the
interest of time, the Council has found it necessary to place a time
limit. It may be desirable to have one spokesperson for special interest
groups making a statement to the Council.
WRITTEN MATERIAL TO COUNCIL: Written material
presented to Council on the night of the meeting should also be given to the
City Clerk to be added to the record. TAPE RECORDING: This
meeting is being electronically recorded and amplified. Please speak up
so that a clear recording of your comments can be made and others in the back
of the Council Chamber can hear you.
BOARD OF ADJUSTMENT
THANK YOU, YOUR INPUT IS VALUABLE.
RESOURCE MATERIALS
After
a Councilmember has been sworn in the City Clerk's Office will issue the
following items of reference to them:
A.
B.
City of
C.
D.
Elected Officials= Handbook
E.
City of
F.
Comprehensive Plan
G.
City of
H.
Current Calendar Year - Line Item Budget
I.
Parliamentary Procedure at a Glance
J.
Five Year Capital Improvement Plan
K.
Comprehensive Financial Statement
L.
A.M.L. Elected Officials Handbook
M.
COUNCIL'S OPERATING MANUAL, NEWEST VERSION
N.
OPEN MEETINGS ACT
BOOKLET, BY GORDON TANS
Upon
expiration of term, please return these items to the City Clerk's Office so
they may be updated and re-issued to the newly elected official.
A
wealth of resource information, reports, studies, and city historical
information is available at the City Hall Library. Contact the City
Clerk's Office for assistance.
9 CODE OF ETHICS
PURPOSE.
The proper functioning of democratic government requires
ethical behavior by public officials. Ethics involves the commitment to take
individual responsibility in creating a government that has the trust and
respect of its citizens. The purpose of this section is to set reasonable
standards of conduct for elected city officials and appointed advisory commissioners
and boardmembers so that the public
may be assure that its trust in such persons is well placed and that the
officials themselves are aware of the standards of conduct demanded of persons
in like office.
However, recognizing that Homer is a small community,
with a limited number of people interested in serving as community leaders, it
is not the intent of this section to set unreasonable barriers that will
serve only to deter aspirants from public service.
This section is also intended to establish a
process which will ensure that complaints or inquiries regarding the conduct of
elected city officials and appointed advisory commissioners and boardmembers
are resolved in the shortest practicable time in order to
protect the rights of the public at large and the rights of the elected or
official, or appointed advisory commissioners and boardmembers.
The Council intends this code to be interpreted to
promote fair, honest, and impartial dealings with members of the public, to
ensure proper use of city resources, and to avoid conflicts of interest. It is
the intent of the Council that nothing in this section be
interpreted to create a private cause of action against an elected official or appointed
advisory commissioner or boardmember.
DEFINITIONS.
As used in this section.
"Engaging in business" or "engage in
business" means submitting a written or oral proposal or bid to supply
goods, services or other things of value, or furnishing goods, services or
other things of value, for consideration or otherwise entering into any
contract or transaction with the city including but not limited to the lease,
sale, exchange or transfer of real or personal property.
"Financial interest" means a direct or
indirect pecuniary or material benefit accruing to a city official or appointed
advisory commissioner or boardmember
as a result of a contract or transaction by or with the city except for such
contract or transactions which by their terms and by substance of their
provisions confer the opportunity and right to realize the accrual of similar
benefits to all other persons and/or property similarly situated. A financial
interest does not include city paid remuneration for official duties. A person
has a financial interest in a decision if a substantial possibility exists that
a financial interest of that person might very with the outcome of the
decision. A financial interest of an official includes:
1.
Any financial interest of a member of that person's immediate family;
2.
Any financial interest in an entity in which that person or a member of his
immediate family has an ownership interest, or is a director, officer or
employee;
3. Any financial interest of a person or entity with
whom the official, or a member of his immediate family
or an entity described in subparagraph 2 of this subsection has or is likely to
acquire a contractual relationship relating to the transaction in question.
"Gratuity" means a thing having value given
voluntarily or beyond lawful obligation.
"Immediate family" of a person means anyone
related to that person by blood or current marriage, or adoption in a degree up
to and including the fourth degree of consanguinity or affinity, or any
relative or non-relative who lives in that person's household.
"City official" or "official" means the Mayor,
Councilmember, advisory Commissioner or Boardmember under
the ordinances of the city, or who is a member of a committee or task force of
the city.
"Official act" or "action" means any
legislative, administrative, appointive or discretionary act of any officer of
the city or any committee or commission thereof.
"Organization" means any corporation,
partnership, firm or association, whether organized for profit or non-profit.
"Political activity" means any act for the
purpose of influencing the nomination or election of any person to public
office, or for the purpose of influencing the outcome of any ballot proposition
or question. Informing the public about a ballot proposition or question
without attempting to influence the outcome of the ballot proposition or
question is not political activity.
PROHIBITED ACTS.
Official Action. A city official shall not
participate in any official action in which he has a financial interest. An
official who is a voting member of the council, a commission, or other agency
shall identify any financial conflicts of interest in accordance with (the
ordinance regarding conflict of interest).
Business Prohibition. No official may engage in business
with the city when that person has had substantial involvement in planning,
recommending or otherwise supporting the project or transaction in issue. No official
shall attempt to influence the city's selection of any bid or proposal, or the
city's conduct of business, in which the official has a financial interest.
Newly elected or appointed officials who have pre-existing contracts with the
city may fulfill the terms and conditions of such contracts without penalty.
Use of Office for Personal Gain. No official shall seek or hold
office or position for the purpose of obtaining anything of value for himself,
his immediate family or a business that he owns or in which he holds an
interest or for any matter in which he has a financial interest. This
prohibition shall not apply to the receipt of authorized remuneration for the
office or position.
Inappropriate Use of Office
Title/Authority.
No official, elected or appointed, shall use the implied authority of their
position for the purposes of unduly influencing the decisions of others, or
promoting a personal interest within the community. Councilmembers will refrain
from using their title except when duly representing the city in that capacity.
Unless duly appointed by the
Mayor and/or Council to represent the interests of the
full council, councilmembers shall refrain from
implying their representation of the whole by the use of their title.
Representing Private Interests. No official shall represent, for
compensation, or assist those representing private business or personal
interests before the city council, administration, or any city board,
commission or agency. Nothing herein shall prevent an official from making
verbal or written inquiries on behalf of constituents or the general public to
elements of city government or from requesting explanations or additional
information on behalf of such constituents. No official may solicit a benefit
or anything of value or accept same from any person for having performed this
service.
Confidential Information. No official may disclose information
he knows to be confidential concerning the property, government, or affairs of
the city unless authorized or required by law to do so.
Outside Activities. An official may not engage in
business or accept employment with, or render services for, a person other than
the city or hold an office or position where that activity or position is
incompatible with the proper discharge of his city duties or would tend to
impair his independence of judgment in performing his city duties. This
prohibition shall include but not be limited to the following activities:
1.
A person who holds an appointed city office shall not be eligible for employment
with the city, during their term of office, in the department that the
appointed commission has jurisdiction over until one year has elapsed following
the term of appointment. An exception may be made with the approval of the city
council.
2. A person who holds or has held an elective city
office shall not be eligible for appointment to an office or for employment
with the city until one year has elapsed following the term for which he was
elected or appointed. An exception may be made with the approval of the city
council.
Gratuities. No official shall accept a gratuity
from any person engaging in business with the city or having a financial
interest in a decision pending with the city. No official shall give a gratuity
to another official for the purpose of influencing that person's opinion,
judgment, action, decision or exercise of discretion as a city official. This
subsection does not prohibit accepting:
1. A meal;
2.
Discounts or prizes that are generally available to
the public or large sections thereof;
3.
Gifts presented by employers in recognition of meritorious service or other
civic or public awards;
4.
A candidate for public office accepting campaign contributions;
5.
An occasional non-pecuniary gift insignificant in value;
6. Any gift which would have been offered or given to
him if he were not an official.
Use of City Property. No official may request or permit
the use of city vehicles, equipment, materials or property for non-city
purpose, including but not limited to private financial gain, unless that use
is available to the general public on the same terms or unless specifically
authorized by the city council.
Political Activities, Limitations of Individuals.
Appointed officials may not take an active part in a political campaign or other
matter to be brought before the voters when on duty. Nothing herein shall be
construed as preventing appointed officials from exercising their voting
franchise, contributing to a campaign or candidate of their choice, or
expressing their political views when not on duty or otherwise conspicuously
representing the city.
Political Activity, Limitation on City Government. The
city may prepare and disseminate general, objective information about the
issues to be voted on in local elections. Such material shall be devoid of
biased statements or slant and, where appropriate, may contain pro and con
statements of equal weight and value.
Influencing Another Council Member's
Vote. A city
council member may not attempt to influence another council member's vote or
position on a particular item through contact with a city council member's
employer or by threatening financial harm to another city council member.
BUSINESS DEALINGS WITH
Before a city official or an organization or entity in
which the official has a financial interest, engages in business with the city,
the official shall filed with the city clerk a statement, under oath, setting
forth the nature of such business dealings and his interest therein, not less
than ten days before the date when official action may be taken by the council
or by any officer, commission or other agency of the city upon the matter
involved. If all other provisions of this section are complied
with, the statement shall be sufficient for continuing transactions of a
similar or like nature for one year from the date of its filing. However, if an
official has violated any of the provisions of this section,
he shall be precluded from dealing with the city on that particular matter.
Upon
taking office, or upon subsequently acquiring the interest, and official shall
file with the city clerk a statement disclosing any financial interests of the
official in an organization engaging in business with the city.
PUBLIC DISCLOSURE.
?a. Each city official must annually file a conflict of
interest disclosure using forms substantially the same as the following
selected schedules from the Alaska Public Offices Commission Public Official
Financial Disclosure Statement: Schedules B (business interests), C (real
property interests / rent to own), E (the portion relating to natural resource
leases only), F (government contracts and leases) and G (close economic
associations). The city clerk shall provide the forms to each city
official. The city clerk may make such alterations to the forms as may be
necessary to make them applicable to the city and city officials.
?b.?The annual
disclosures must be filed by November 1 each year. A newly appointed
official must file a disclosure within 30 days of taking office. Each
candidate for elected city office must file a disclosure at the time he or she
files a declaration of candidacy, except an incumbent seeking reelection with a
current disclosure on file. Refusal or failure of a candidate to file the
required disclosure before the end of the time period for filing declarations
of candidacy shall require that the candidate's declaration of candidacy be
rejected and the candidate disqualified.
?c.?The disclosures
must be true, correct and complete and shall be signed ?under oath or affirmation, or certified to be true under
penalty of perjury.
?d.?The disclosures
shall be filed with the city clerk and shall be open to public inspection and
copying at the office of the city clerk. The disclosures will not be sent
to the Alaska Public Offices Commission. (Ord
07-35(A-2), 2007).
BOARD OF ETHICS.
1.79.010 Board of ethics established
?general provisions.
a.?There is hereby established a Board of Ethics.
?b.?The Board shall be
comprised of all members of the city council and the mayor. The mayor, or
the vice-mayor in the mayor's absence, will serve as presiding officer of the
Board. In the absence of both, the members of the Board shall elect a
presiding officer from among its members.
c.?The city attorney or other legal counsel for the Board may
assist the Board at every stage of the proceedings, but shall have no
vote.
d.?A
quorum of the Board shall be a majority of all members who are not excused for
cause, such as being the complainant, the respondent, a witness, having a
conflict of interest, or other cause for recusal. However, in no event
may a quorum be less than three.
e.?Decisions of the Board shall be adopted by a
majority of the members who are qualified to act on the matter, where a quorum
is present.
f.?Unless the Board delegates such authority to another member or
decides that no one shall have such authority, the presiding officer shall have
authority to make procedural decisions between Board meetings on behalf of the
Board. Examples of matters that may be decided by such delegate include
scheduling hearings and other matters, establishing pre-hearing requirements
and filing deadlines for motions, exhibits, witness lists, hearing briefs, and
deciding other procedural matters.
g.?The presiding officer shall vote on every question, unless
required to abstain for cause, and shall not have power to veto any action of
the Board. (Ord 08-31(S) ?, 2008).
1.79.020 Function and authority. The Board of Ethics has authority to
perform the following functions:
a.?Investigate reported violations of Chapter 1.18.
b.?Hear and decide written complaints of violations of Chapter
1.18.
c.?Hear and decide on requests for exceptions as specified in
Chapter 1.18.
d.?Make findings and recommendations concerning sanctions,
civil penalties and remedies for violations as provided in the
code.
e.?Adopt recommended policies and procedures governing the
board’s conduct of business.
f.?Upon application of the complainant, respondent, or at the
board's discretion, compel by subpoena the appearance and sworn testimony, at a
specified time and place, of a person the board reasonably believes may be able
to provide information relating to a matter under investigation by the board or
the production of documents, records or other items the board reasonably
believes may relate to the matter under consideration.
g.?Administer oaths and receive testimony from
witnesses appearing before the board
h.?Request city agencies to cooperate with the board in the
exercise of the board's jurisdiction
i.?Request the advising attorney to seek assistance of the
superior court to enforce the board's subpoena
j.?Conduct investigative hearings in executive session, pursuant
to notifications alleging violations of matters within the authority of the
board. (Ord 08-31(S) ?, 2008).
1.79.030 Confidentiality; initial
review.
a.?Each written complaint of a violation of Chapter 1.18
received by the city clerks office shall be assigned an identification number,
which shall be used in lieu of names when referring to the complaint to
maintain confidentiality. The city clerk and the board shall keep all written
complaints of potential violation confidential during investigation and the
board's deliberative process. Complaints of potential violation may be
disclosed only to the staff member of the city clerk's office providing
administrative support to the board, members of the board, and legal counsel.
Upon receipt of a notification of potential violation, the board shall, at its
next scheduled meeting or earlier, as determined by the board chair, review the
complaint of potential violation in executive session and determine if further
action on the notification of potential violation is warranted.
b.?If the board determines the facts alleged in the
notification of potential violation, even if proven, do not constitute a
violation, or that the board lacks jurisdiction to address the complaint of
potential violation, the board shall return the complaint of potential
violation to the complaining party or it may recommend to the person filing the
complaint that it be amended and re-filed. Notifications of potential violation
returned without further action shall remain confidential.
c.?If the board determines the allegation in a complaint of
potential violation, if proven, may constitute a violation of a matter within
the board's jurisdiction, the board shall:
1. Request and receive assistance from legal
counsel to assist the board in all further deliberative processes,
investigations and reports.
2.?Give the respondent a copy of the complaint
of potential violation, along with a copy of the outline of the board's process
under this chapter, including notice that the respondent may choose to hold the
proceeding in public and may be represented by legal counsel of respondent's
choosing and at respondent's own expense; and
3.?Notify both the person submitting the
complaint of potential violation and respondent of the date(s) on which each
may be requested to meet with the board, present documentary or testimonial
evidence, and assist the board in resolving the potential violation. (Ord 08-31(S) ?, 2008).
1.79.040 Disclosure
of complaint of potential violation prohibited.
?a.?A complaint of
potential violation of
1.?No person, including the complainant, shall
knowingly disclose to another person, or otherwise make public in violation of
this chapter, the contents of a complaint of potential violation filed with the
board, unless:
i.?The respondent
elects to proceed in public; or
ii.?The written report
of the board is electronically published by the city clerk.
2.?Breach of confidentiality required by any
provision of this chapter is a violation of this chapter subject to punishment.
3.?A person filing a complaint of potential
violation shall keep confidential the fact that the person has filed the
complaint with the city, as well as the contents of the complaint of potential
violation. If the board finds probable cause to believe that the person filing
the notice of complaint violation has violated confidentiality under this
chapter, the board shall immediately dismiss the complaint of violation.
Dismissal under this subsection does not affect the right of the board or
another person to initiate a proceeding on the same factual allegations by
filing a complaint of potential violation.
4.?Public disclosure resulting from corrective
action under this chapter is not a violation of this subsection. (Ord 08-31(S) ?, 2008).
1.79.050 Conduct of
investigation and standard of proof.
a.?The board's investigation shall be conducted in executive
session, unless the respondent requests to hold the board's investigation of
written complaint of potential violation in public. The respondent and the
person who filed the complaint, and their counsel, if
any, may be present in executive session while the investigation is being
conducted.
1.?The respondent and the person who filed the
complaint of potential violation may identify other individuals and documents
that each would like the board to interview and review.
2.?If an individual with information bearing on
the complaint of potential violation is unwilling to come forward with
information, the respondent and the person who filed the complaint of potential
violation may each request the board to subpoena the person and any documentary
evidence.
3.?Persons appearing before the board may be
represented by counsel or other person serving in a representative capacity.
4.?The board may question the respondent, the
person who filed the complaint of potential violation, and other persons
appearing before the board.
5.?The board may solicit questions and testimony
from the person filing the complaint of potential violation, the respondent and
other persons appearing for the purpose of providing information to the board.
The board may solicit questions from counsel present to represent persons
appearing before the board, but all questions during the board's investigation
shall be posed through and by a member of the board. Consistent with due
process, the board may limit or prohibit questions suggested to the
board by or on behalf of persons appearing before the board.
? ?6. The standard of proof to be applied
by the board in determining a violation under
7.?Technical rules of evidence do not apply, but
the findings of the board shall be based upon substantial evidence, which means
reliable and relevant information presented to the board.
8.?The board's finding of a violation of
9.?The board's findings shall not be binding in
a subsequent sanctions proceeding.
10.?When the board's investigation is conducted
in executive session, the public shall be excluded and the session shall be
electronically recorded. The recording shall be available for access as a
public record after publication by the city clerk of the proposed resolution
and settlement under subsection 1.79.070. (Ord 08-31(S) ?, 2008).
1.79.055 Deliberations
of the board.
Deliberations of the board shall be conducted in executive
session.
a.?The deliberations of the board shall not be recorded.
b.?The respondent, the person filing the complaint, and their
counsel shall be excluded from the deliberations. The Board's legal
counsel may attend the deliberations.
c.?The board shall reconvene in open session when
deliberations are complete. (Ord
08-31(S) ?, 2008).
1.79.060 Board member disclosures. When an
investigation is convened in executive session to determine whether the
respondent has violated
?/span>
1.79.061 Duty
of cooperation. A
city official or the city manager subject to a complaint of a violation shall
work cooperatively with the City Clerk to establish a hearing date and shall
appear at the place and time set for the hearing, regardless of the
respondent's intentions concerning defense or exercise of other rights.
Failure to appear, except when failure results from a serious condition or
event that prevented the respondent's appearance, is a breach of respondent's
duties under this chapter and in itself may result in a summary finding of
violation by the Board and imposition of remedies, penalties and disciplinary
action under 1.79.070. For the purposes of this section, a “serious condition
or event?may include a serious medical condition, a serious family emergency
requiring the presence of the party, a death in the family, or other similar
cause that prevents the respondent's attendance at the hearing. Nothing
in this section shall prevent the rescheduling of a hearing for cause upon request
of the respondent or the complainant. (Ord
08-31(S) ?, 2008).
1.79.065 Decisions
on the record.
Using the identification number of the complaint of potential violation to
protect confidentiality, the board shall vote in open session on these
questions:
a.?Whether the board finds by a preponderance of the evidence one
or more violations within the jurisdiction of the board; and
b.?Whether the board recommends further administrative or remedial
actions; and
c.?What specific sanctions, corrective actions or referrals, if
any, the board recommends pursuant to 1.79.070.
d.?
If the board does not find a violation under
1.79.067.
Timely completion.
The board shall complete action on a complaint of potential violation and
investigations within 90 days of the filing of the complaint of potential
violation. By a majority vote, the board may extend the completion date for up
to an additional 90 days, or longer for good cause shown. (Ord 08-31(S) ?, 2008).
1.79.070 Sanctions, civil penalties
and remedies.
a.?Upon conviction for any violation of
?i.?A recommendation to the City Council
that the office of a City Council member or the position of city manager be
declared vacant for a serious violation that is (i)
flagrant or (ii) willful and knowing. A recommendation that the office of the
mayor be declared vacant may be made only if the violation justifies a
declaration of vacancy under AS 29.20.280. Only the City Council may
actually declare any of these positions vacant.
?ii.?A member of a board
or commission may be removed from the board or commission.
iii.?A public or private
reprimand may be given to the official.
iv.?The official may be
ordered to refrain from voting, deliberating, or participating in any matter in
violation of
v.?The
committee assignments of an official may be revoked.
vi.?An official’s
privilege to travel at city expense on city business may be revoked or
restricted.
vii.?A contract, or
transaction or appointment, which was the subject of an official act or action
of the city that involved the violation of a provision of chapter 1.18, may be
voided.
viii.?The official must
forfeit or make restitution of any financial benefit received as a consequence
of a violation of chapter 1.18.
ix.?A civil fine of not more than $1,000
per violation may be imposed. (Ord
08-31(S) ?, 2008).
1.79.080 Record of proceedings and
public record.
Permanent records and minutes shall be kept of Board’s proceedings. Such
minutes shall record the vote of each member upon every question decided in
public. Every decision or finding shall immediately be filed in the office of
the City Clerk, and shall be a public record open to inspection by any person.
Every finding and recommendation shall be directed to the City Council at the
earliest possible date. (Ord
08-31(S) ?, 2008).?
1.79.090 Settlement of complaints.
?a.?The respondent in
any case accepted for investigation may propose a resolution and settlement of
the complaint. A proposed resolution and settlement will include the admitted
violation of
?b.?A proposed
resolution and settlement is subject to approval by the Board and has no effect
unless approved by the Board. The Board will give the complaining person
the opportunity to review and comment on the proposed resolution and settlement
prior to approving it. Until approved by the Board, a proposed resolution
and settlement must be kept confidential.
?c.?The proposed
resolution and settlement becomes public record upon final approval by the
Board. ?/span>(Ord 08-31(S) ?, 2008).
ADVISORY
OPINIONS. ?
a.?Where any official has a doubt as to the applicability of any
provision of this chapter to a particular situation, or as to the definition of
terms used herein, he may apply in writing to the city attorney for an advisory
opinion. The official shall have the opportunity to present his interpretation
of the facts at issue and of the applicability of provisions of the chapter
before such advisory opinion is made.
?b.?Such opinion, until amended or
revoked, shall be binding on the city in any subsequent actions concerning the
public official who sought the opinion and acted on it in good faith, unless
material facts were omitted or misstated in the request for the advisory
opinion. An advisory opinion shall be applicable and binding only to the
particular set of facts and instances of conduct for which it was requested and
shall have no force or effect for purposes of general application. Such opinion
shall not be binding or admissible in evidence in any action initiated by any
private citizen. (Ord 06-68(S)(A),
2007).
VIOLATION
Any
official who willfully and knowingly violates any of the provisions of this
chapter shall be guilty of a violation subject to punishment pursuant to
SANCTIONS, CIVIL PENALTIES
Upon conviction for
any violation of this chapter under criminal procedures or upon a determination
of any violation of this chapter after a hearing conducted pursuant to section
1.18.050, the Board of Ethics may impose as a
sanction, penalty or remedy any or all of the following, as appropriate to the
seriousness of the violation:
a. The Board of Ethics may declare the office
of a city councilmember vacant for a serious violation that is (i) flagrant or (ii) willful and knowing. The office of the
mayor may be declared vacant only by the city council and only if the violation justifies a
declaration of vacancy under AS 29.20.280.
b. The Board of Ethics may remove a member of a
board or commission from the board or commission.
c. The Board of Ethics may issue a public
reprimand to the official.
d. The Board of Ethics may order the official
to refrain from voting, deliberating, or participating in any matter in
violation of this chapter.
e. The Board of Ethics may revoke any committee
assignments of the official.
f. The Board of Ethics may revoke or restrict
the official’s privilege to travel at city expense on city business.
g. The Board of Ethics may recommend that a
contract or transaction which was the subject of an official act or action of
the city in which there is an interest prohibited by this chapter, or which
involved the violation of a provision of this chapter, should be voided.?If such recommendation is confirmed by the
city council, the contract or transaction is voided.
h. The Board of Ethics may order the official
to forfeit or make restitution of any financial benefit the official received
as a consequence of a violation of this chapter.
i. The Board of Ethics may impose a civil fine
of not more than $1,000.
j. The Board of Ethics may direct the city
administration (i) to pursue legal action to enforce
any order of the Board of Ethics made under this section and (ii) to exercise
any other legal and equitable remedies available to seek whatever relief is
appropriate. (Ord 06-68(S)(A),
2007; Ord 07-35(A-2) ?, part, 2007).?
DISTRIBUTION
OF CODE OF ETHICS.
The
city clerk shall cause a copy of this chapter to be distributed to every city
official within thirty days after its enactment. Each city official elected or
appointed thereafter shall be furnished a copy before entering upon the duties
of his office. (Ord 06-68(S)(A),
2007).
APPLICATION
OF STATE STATUTES.
?a. Nothing
in this chapter is intended to curtail, modify, or otherwise circumvent the
application of the Alaska Statutes to any conduct involving bribery or other
offenses against public administration.
?b. All
municipal officers as defined by Alaska Statutes Chapter 39.50 shall be subject
to the provisions of AS 39.50 relating to conflicts of interest or financial
disclosures.?(Ord
06-68(S)(A), 2007; Ord
07-35(A-2) ?, part, 2007).
Updated
11/08