Chapter 6.24
PENALTIES AND REMEDIES

Sections:

6.24.010    Penalties.

6.24.020    Remedies.

6.24.010 Penalties.

A. The borough clerk or deputy borough clerk who violates this division shall be disciplined by a majority vote of the assembly. In determining an appropriate penalty, the assembly may be guided by the provisions of the borough personnel code. Depending on the violation, disciplinary action may include termination.

B. A member of the assembly who violates this division shall be subject to one or more of the following:

1. Public censure.

2. A civil fine of not more than $1,000 for each violation of any of the subsections of FNSBC 6.12.010. If a public official has violated more than one subsection of FNSBC 6.12.010, the civil penalty may not exceed $10,000 in the aggregate.

3. Removal from office.

C. Removal from office may only be imposed if the violation occurred in the assembly member’s present term and by a vote of three-fourths of the assembly qualified to vote thereon.

D. An assembly member who voted after the presiding officer or assembly determined, after full and complete disclosure, that the assembly member did not have a financial interest in accordance with FNSBC 6.12.010(I) shall not be subject to such penalties.

E. A penalty imposed under this section is in addition to and not in lieu of any other penalty that may be imposed according to law. To the extent that violations under this code are punishable in a criminal action, that sanction is in addition to the civil remedies set out in this division. (Ord. 2006-69 § 2, 2006. 2004 Code § 2.10.310.)

6.24.020 Remedies.

A. The assembly may, upon notice of a violation by a public official, take any of the following actions:

1. Void any action of the assembly materially and substantially connected to a violation of this division unless the required majority would exist without the vote of the disqualified member.

2. In determining whether to void a grant, contract, or lease, the interest of third parties who may be damaged and the nature of the violation may be taken into account. The assembly shall give notice of intent to void a borough grant, contract, or lease under this section no later than 30 days after the board files its findings of facts and conclusions of law.

B. Require that any loan received from the borough in violation of this division shall be immediately due and payable.

C. Direct the borough attorney to pursue any other remedies available at law or in equity. (Ord. 2006-69 § 2, 2006. 2004 Code § 2.10.320.)