CITY OF HOMER



HOMER, ALASKA



Wythe

RESOLUTION 06-51





A RESOLUTION OF THE CITY COUNCIL REVISING THEIR OPERATING MANUAL TO ADD SECTION 9. ENTITLED CODE OF ETHICS.

WHEREAS, The proper functioning of democratic government requires ethical behavior by public officials; and

WHEREAS, The Homer City Council wishes to hold itself up to the highest, possible ethical standard.

NOW THEREFORE BE IT RESOLVED That the Homer City Council hereby revises their Operating Manual to add Section 9. Code of Ethics to read as follows:

SECTION 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[ chapter] section is to set reasonable standards of conduct for elected [and appointed ]city officials[ , and for city employees] 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 [and employees] themselves are aware of the standards of conduct demanded of persons in like office [and position].

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 [chapter] section to set unreasonable barriers that will serve only to deter aspirants from public service.

This [chapter] section is also intended to establish a process which will ensure that complaints or inquiries regarding the conduct of elected [and appointed] city officials and appointed advisory commissioners and boardmembers [employees] 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 [appointed]official, or [employee.] 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 [chapter ]section be interpreted to create



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a private cause of action against an elected official or appointed advisory commissioner or boardmember.,[ executive or employees of the city.]

DEFINITIONS.

As used in this [chapter]: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 employee] 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 [or city employment.] 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 [employee or]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 employee], 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 employee" or "employee" means any person employed or retained by the city, whether full-time or part-time, temporary or permanently, and includes, but is not limited to, all contract employees and volunteers.]





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"City official" or "official" means the Mayor, Councilmember, advisory Commissioner or Boardmember [a person who holds elective or appointive office ]under the ordinances of the city, or who is a member of a [city commission], committee, task force [or other agency ]of the city.

"Official act" or "action" means any legislative, administrative, appointive or discretionary act of any officer [or employee] of the city or any [agency], 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 [or employee] shall not participate in any official action in which he has a financial interest. An official [or employee] 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 [or employee] 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 [or employee] shall attempt to influence the city's selection of any bid or proposal, or the city's conduct of business, in which the official [or employee ]has a financial interest. Newly elected or appointed officials [and newly hired employees] 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 [or employee] 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

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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 [or employee] 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 [or employee] 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 [or employee] 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. During the term of employment, a city employee shall not be eligible for election to a city office. ]

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 [or employee] 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 [or employee] shall give a gratuity to another official [or employee] for the purpose of influencing that person's opinion, judgment, action, decision or exercise of discretion as a city official[ or employer.] This subsection does not prohibit accepting:

1. A meal;

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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[ or employee.]

Use of City Property. No official [or employee] 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 [and employees] 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 [or employees] from exercising there 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 city.

Before a city official [or employee,] or an organization or entity in which the official[ or employee] has a financial interest, engages in business with the city, the official [or employee] 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, [employee,] commission or other agency of the city upon the matter involved. If all other provisions of this [chapter] 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 [employee of ]official has violated any of the provisions of this [chapter] section, he shall be precluded from dealing with the city on that particular matter.

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Upon taking office, or upon subsequently acquiring the interest, and official [or employee] shall file with the city clerk a statement disclosing any financial interests of the official [or employee] in an organization engaging in business with the city.

ENFORCEMENT.

The city council shall have the primary responsibility for the enforcement of this [chapter] sectionand shall ensure that a determination of the validity of a complaint is made within thirty days after receipt of the complaint.

The city council may direct the city attorney to investigate or prosecute any apparent violation of this [chapter] section or it may employ or appoint any qualified attorney to investigate or prosecute any violation or series of violations by one or more persons of this [chapter] section .

Any person who believes that a violation of any portion of this [chapter] section has occurred may file a complaint with the city attorney, city manager or the city council. However, nothing in this [chapter] section shall be construed to prevent complainants from instituting direct legal actions through the appropriate judicial authority.

ADVISORY OPINIONS.

Where any official [or employee ]has a doubt as to the applicability of any provision of this[chapter] section 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 [or employee] shall have the opportunity to present his interpretation of the facts at issue and of the applicability of provisions of the [chapter] section before such advisory opinion is made.

Such opinion until amended or revoked shall be binding on the city in any subsequent actions concerning the public official [or employee] who sought the opinion and acted on 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.

[Any advisory opinion prepared by the city attorney may be made public. However, the name of the person requesting the opinion and the names of all persons or business entities mentions in the opinion and other such identifying criteria shall be deemed confidential information and shall not be disclosed by the city attorney unless the official or employee waives such confidentiality.]

PENALTIES - FORFEITED POSITION - EXEMPTIONS - INJUNCTION.

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Any official [or employee] who willfully and knowingly violates any of the provisions of this[chapter] section shall be guilty of a violation subject to punishment pursuant to HCC 1.16.

Upon conviction for any violation of this [chapter] section of any official [or employee], such official [or employee] shall immediately forfeit his office or position.

The city council may elect not to prosecute an employee or] official whose conduct is believed to constitute a violation of this[ chapter ] section if it is determined that prosecution of the[employee or ]official is not necessary in the public interest.

Any 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] section, or which involved the violation of a provision of this [chapter] section , shall be voidable at the option of the city.

[The city may, where a violation of the provisions of this chapter is threatened or has occurred, bring civil action or proceeding at law or in equity for a judgment enjoining any violation of the provisions of this chapter or requiring the relinquishment of any prohibited interest or the voiding of any such contract or transaction, taking into account the interests of the city and any third persons who may be injured thereby. Where it is determined that the public interest may best be served by not voiding a contract or transaction entered into in violation of this chapter, such contract or transaction may be enforced. An action or proceeding may be brought against any official or employee found in violation of provisions of this chapter for damages not to exceed twice the damages suffered by the city or twice the profit or gain realized by the official or employee, whichever is greater.]

DISTRIBUTION OF CODE OF ETHICS.

The city clerk shall cause a copy of this [chapter] section to be distributed to every official [and employee] of the city within thirty days after its enactment. Each official [and employee] elected, appointed or engaged thereafter shall be furnished a copy before entering upon the duties of his office or employment.

Application of state statutes.

Nothing in this [chapter] section 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.

City "officers" as defined by Alaska Statutes Chapter 39.50 are exempt from making the financial disclosures required by the statute.



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PASSED AND ADOPTED BY THE CITY COUNCIL this 24th day of April, 2006.

CITY OF HOMER

_____________________________

ATTEST: JAMES C. HORNADAY, MAYOR

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Cost of revising and printing.

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