Ordinance 17-17 Removing Prohibition for City Employees to make Campaign Contributions

CITY OF HOMER
HOMER, ALASKA

Smith

ORDINANCE 17-17

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA Amending Homer City Code 2.04.030 to remove the prohibition on the city manager and city employees from securing or contributing money towards the nomination or election of a candidate for a municipal office, and amending Homer City Code 4.10.050 to PROHIBIT candidates for municipal office FROM ACCEPTING OR SOLICITING CAMPAIGN CONTRIBUTIONS FROM CITY EMPLOYEES OR THE CITY MANAGER.

WHEREAS, It is in the best interest of the City of Homer’s (“City”) residents to ensure that the City administration and its staff is not subject or vulnerable to undue influence or financial expectations from candidates for local office or elected City officials; and

WHEREAS, It is in the best interests to permit City administration and its staff to participate freely in the local election and campaign process in a manner that does not compromise the integrity of local government or the relationship between the City administration and its staff and the governing body.

NOW THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1: Section 2.04.030, Interference in administration and elections, is amended to read as follows:

No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the Manager in the making of any appointment or removal of any officer or employee or in the purchase of supplies, or attempt to exact any promise relative to any appointment from any candidate for Manager; or discuss directly or indirectly with him the matter of any specific appointment to any City office or employment, or to give orders directly to any officer or employee or to deal with the Manager individually and not by the Council as a body. Nothing in this section shall be construed, however, as prohibiting the Council while in open session from fully and freely discussing with or suggesting to the Manager anything pertaining to City affairs or the interests of the City.

                Section 2: Section 4.10.050, Prohibitions, is amended to read as follows:

A person may not serve simultaneously as Mayor, Council member, Commissioner or member of the Library Advisory Board.

No elected municipal official may hold any other municipal office, or municipal employment or elected position in the State or Federal government while in office.

A person elected or appointed to the office of City Mayor or City Council member may not be a candidate for another elected City office or for another term for the same City office, except as follows:

A person holding such City office may be a candidate for election to the same or a different City office during the last year of the person’s term of office; and

A person who resigned from the office of City Mayor or City Council may be a candidate for the same City office only during or after the last year of the term from which the person resigned; and

At any time a person may be a candidate for the office of City Mayor while simultaneously serving as a City Council member, but if elected such person must resign the office of City Council prior to assuming the office of Mayor. 

A candidate for municipal office who has complied with HCC 4.10.010 may not solicit or accept a financial contribution from the City Manager or an employee of the City.

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

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER this 10th day of April, 2017.

CITY OF HOMER

                                                                                                                _____________________________

                                                                                                                BRYAN ZAK, MAYOR
 

ATTEST:

______________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

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

Date:                                                                                                                    Date:                                    _________