Ordinance 16-48(S)(A) Amend HCC 2.04 and 1.18 Campaign Contributions and Direction of Employees

CITY OF HOMER

HOMER, ALASKA

Smith

ORDINANCE 16-48(S)(A)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HCC 1.18.030 TO ADD HCC 1.18.030(q), WHICH INCORPORATES HCC 2.04.030, AND ITS PROHIBITION AGAINST COUNCIL MEMBER INFLUENCE AND DIRECTION OF CITY EMPLOYEES AND THE CITY MANAGER, INTO THE HOMER ETHICS CODE.

WHEREAS, The purpose of the Homer Ethics Code is, in part, to set reasonable standards of conduct for City of Homer (“City”) employees, officers, and officials and ensure that these employees, officers, and officials are aware of the standards of conduct demanded of them; and

WHEREAS,  HCC 2.04.030 prohibits certain acts and conduct by City officials, the City Manager, and City employees but is located in a section of the Code applying to the City Manager and thus easily missed by City officials and employees; and

WHEREAS, It is in the City’s best interest to incorporate HCC 2.04.030 by reference into the Homer Ethics Code, thereby increasing City official and employee awareness of the prohibitions imposed by HCC 2.04.030,

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1.  Homer City Code Chapter 1.18.030 is amended to add HCC 1.18.030(q) and to read as follows:

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 300-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.

a. This subsection does not prohibit a person from acquiring a substantial financial interest in the subject of the action after the longer of 12 months after the official action is approved, or 12 months after the person’s term or employment ends.

b. 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.

c. 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 300 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 (1) having authority to take official action on any pending matter or application in which that official has a substantial financial interest or (2) 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 themselves, an immediate family member or a business that they own or in which they hold an interest, or for the purpose of influencing any matter in which they have 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, Council members 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 Manager may disclose information they know 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 Manager 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 nonpecuniary gift insignificant in value;

6. Any gift which would have been offered or given to them if they 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 is the applicant; or

2. They fully and publicly disclose the nature of their interest in the subject of the action.

                              q. No City official may violate HCC 2.04.030.

Section 3.   This ordinance shall be of a permanent and general character and shall be included in the City code.

               ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 24th day of October, 2016.

                                                                                                         CITY OF HOMER

____________________________________

                                                                                                         BRYAN ZAK, MAYOR

ATTEST:

_____________________________

JO JOHNSON, MMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

Reviewed and approved as to form.

Mary K. Koester, City Manager                                                          Holly C. Wells, City Attorney

Date:                                                                                                             Date:                                                       

Fiscal Note: NA