Chapter 2.10
BOROUGH ASSEMBLY CODE OF ETHICS
Sections:
Article I. Purpose and Applicability
2.10.010 Title.
2.10.020 Scope of chapter.
2.10.030 Purpose.
Article II. Assembly Board of Ethics
2.10.040 Assembly board of ethics.
2.10.050 Term of office.
2.10.060 Vacancy and removal.
2.10.070 Chair of the board.
2.10.080 Meetings.
2.10.090 Quorum.
2.10.100 Meetings of the board.
2.10.110 Conflicts of interest.
Article III. Violations
2.10.120 Violations.
Article IV. Gifts and Required Disclosure
2.10.130 Improper gifts and required disclosures.
2.10.140 Repealed.
Article V. Procedures
2.10.150 Filing of a verified complaint.
2.10.160 Form of verification.
2.10.170 Confidentiality.
2.10.180 Service of complaint.
2.10.190 Response.
2.10.200 Transmittal.
2.10.210 Board of ethics review and determination.
2.10.220 Pre-hearing conference.
2.10.230 Hearing notice.
2.10.240 Subpoenas.
2.10.250 Motions – Depositions.
2.10.260 Service by mail and filing.
2.10.270 Hearing.
2.10.280 Findings of fact and conclusions of law.
2.10.290 Appeal of findings of fact and conclusions of law and penalty.
2.10.300 Records retention.
Article VI. Penalties and Remedies
2.10.310 Penalties.
2.10.320 Remedies.
Article VII. Definitions
2.10.330 Definitions.
Article I. Purpose and Applicability
2.10.010 Title.
This chapter shall be known as and may be cited as the Fairbanks North Star Borough assembly code of ethics. (Ord. 2006-69 § 2, 2006)
2.10.020 Scope of chapter.
This chapter shall apply to the members of the borough assembly, the borough clerk, and the deputy clerk. The individuals covered by this chapter shall not also be subject to the separate code of ethics for mayor and borough employees. (Ord. 2006-69 § 2, 2006)
2.10.030 Purpose.
The purpose of this chapter is to assist members of the assembly, the borough clerk and the deputy borough clerk in carrying out their responsibilities under their oaths of office to support and defend the Constitution of the United States, the Constitution of the State of Alaska, and the laws of the Fairbanks North Star Borough, to specify conduct that violates public expectations that they will honestly, faithfully, and impartially perform their duties as members of the Fairbanks North Star Borough assembly, as borough clerk, and as deputy borough clerk, to the best of their ability. (Ord. 2006-69 § 2, 2006)
Article II. Assembly Board of Ethics
2.10.040 Assembly board of ethics.
There is established an assembly board of ethics consisting of five public members and one alternate public member, nominated by the presiding officer and confirmed by the assembly. The alternate member shall be a full voting member of the board with all the rights and responsibilities thereto, except as otherwise provided in FNSBC 2.10.270(G). (Ord. 2006-69 § 2, 2006)
2.10.050 Term of office.
A. Members of the board shall serve terms of office of three years, except that initial appointments shall be:
1. One regular member for a term of one year;
2. Two regular members for a term of two years;
3. Two regular members for a term of three years; and
4. The alternate member for a term of three years.
B. A member of the board shall remain in office until a successor is appointed and confirmed.
C. The board is not subject to sunset requirements under FNSBC 2.21.180(A). (Ord. 2006-69 § 2, 2006)
2.10.060 Vacancy and removal.
A. A seat on the board may become vacant by reason of resignation or death of a member of the board.
B. Members of the board may be removed without cause and the seats declared vacant by a majority vote of the assembly. (Ord. 2006-69 § 2, 2006)
2.10.070 Chair of the board.
A. Members of the board shall elect a chair at a meeting scheduled in January for a term of one year. The chair shall preside at all meetings of the board. The chair shall represent the board to the assembly and the general public.
B. The board may appoint a temporary chair in the event that the chair declines or is unable to attend such meetings. (Ord. 2006-69 § 2, 2006)
2.10.080 Meetings.
The clerk shall schedule all board meetings and hearings. The board may schedule meetings or special hearings by a majority vote. (Ord. 2006-69 § 2, 2006)
2.10.090 Quorum.
A. A quorum shall consist of three members of the board who may include the alternate member.
B. In the event a quorum cannot be met due to a member’s refusal to attend without excuse, the member may be removed and the seat declared vacant by a majority vote of the assembly. The successor shall be appointed and confirmed as provided in FNSBC 2.10.050(B) for the unexpired term of the removed member. (Ord. 2006-69 § 2, 2006)
2.10.100 Meetings of the board.
A. All meetings of the board with respect to a complaint shall be closed and confidential, except the respondent may request a public hearing.
B. Other meetings of the board shall be open and noticed appropriately. (Ord. 2006-69 § 2, 2006)
2.10.110 Conflicts of interest.
A member of the board who has a conflict of interest in any matter under investigation or consideration must disclose the conflict of interest and shall not participate in the matter. (Ord. 2006-69 § 2, 2006)
Article III. Violations
2.10.120 Violations.
Specific ethical violations are enumerated below for the guidance of public officials, but these do not necessarily encompass all the possible ethical considerations that might arise.
A. Special Consideration. A public official shall not grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
B. Authority. A public official shall not exceed his or her authority, or breach the law, or ask or coerce others to do so in the course of his/her official public duties.
C. Other Offices or Employment. A public official shall not hold or seek other office or employment which compromises the performance of his or her elected or appointed duties without disclosure of such office or employment. A public official shall disqualify himself or herself from any particular action which might be compromised by such office or employment.
D. Use of Confidential Information.
1. A public official shall not use or disclose confidential information without appropriate authorization.
2. A public official shall not use or disclose information gained as a public official that is not yet published in any form by the borough or is not generally made available to the public to gain, directly or indirectly, anything of value.
3. This provision shall not prevent any public official from reporting violations of this chapter or other illegal acts to the proper authorities.
E. Solicitation of or Receipt of Anything of Value. A public official shall not solicit or accept anything of value from any person or entity other than the borough, directly or indirectly, in consideration of some action to be taken or not to be taken in the performance of the public official’s duties. Gifts may be accepted as provided in Article IV, FNSBC 2.10.130.
F. Disclosure of Gift. A public official shall not fail to disclose a gift as set forth in FNSBC 2.10.130.
G. Holding Investments or Property. A public official shall not hold any investment that might compromise the performance of the public official’s duties without disclosure of the investment and self-disqualification from any particular action that might be compromised by the investment.
H. Representation of Others.
1. A public official shall not represent any person in dealings with the borough in consideration of anything of value except:
a. In a contested case which involves a party other than the borough, and the interests represented by the public official are the borough’s interests, are essentially the same as the borough’s interests, or are not adverse to the borough’s interests;
b. In a matter that involves only a ministerial action by a borough department, i.e., the performance of a duty that is normally done in the course of business in which the officer is left with no choice of his/her own;
c. When the representation is by a public official acting within the scope of his or her official public duties;
d. When the representation is merely for the purpose of obtaining information on behalf of a person or business and the public official receives no compensation for the representation beyond the salary and other compensation or reimbursement to which the public official is entitled for the performance of his or her official public duties;
2. A public official shall be disqualified from acting on any matter or proceeding coming before the assembly when the matter involves any person who is, or has been, a client, patient or other business associate of the public official within one year immediately preceding the date of the matter or proceeding and the matter or proceeding is directly related to the public official’s representation of that client, patient or other business associate of the public official; or
3. A public official shall not, within one year immediately following conclusion of service on the assembly, represent, advise or assist a person for compensation regarding a matter that was under consideration by the assembly and in which the public official participated personally and substantially through the exercise of official action. For the purposes of this subsection, “matter” means a case, proceeding, application, contract or determination, but does not include the proposal, consideration or enactment of legislation.
I. Financial Interest. A public official or a member of the public official’s immediate family shall not have a financial interest in any matter being considered by the public official. A public official shall disclose a financial interest, if known. The public official shall be disqualified from further participation in any matter in which the public official has a financial interest.
J. Borough Property. A public official shall not use borough-owned property, fiscal, or human resources for personal convenience, political purposes, or profit, except when such property is available to the public generally, or where such property is provided by specific borough policy in the conduct of official borough business.
K. Giving Anything of Value. A public official shall not give anything of value in return for votes, promises, or other consideration that is prohibited by state law.
L. Expenses. A public official shall provide required documentation to support requests for expense reimbursement or advancement. Expense reimbursement and advancements shall be made in accordance with borough policy.
M. Donations. Except as specifically authorized by law, a public official shall not take any official action which will benefit any person or entity because of a donation of anything of value to the borough by the person or entity.
N. Official Action. A public official shall not take any official public action that will benefit any person or entity when the public official would not have taken the action but for the public official’s family relationship, friendship, or business relationship with the person or entity.
O. Representation of Assembly Position.
1. A public official shall not represent himself or herself as being the official authorized spokesperson for the assembly on a given issue unless specially authorized by the assembly.
2. A public official when making a public statement or otherwise taking a public position shall state that he or she is expressing a personal opinion unless authorized to speak in behalf of the assembly.
P. Aiding a Violation. A public official shall not knowingly aid another public official in the violation of this chapter.
Q. Employment of Elected Public Official. An elected public official shall not accept employment with the Fairbanks North Star Borough while serving in office or within one year after conclusion of service.
R. Disclosure of Conflict of Interest. A public official shall not fail to disclose a conflict of interest.
S. Misrepresentation of a Material Fact. No person shall misrepresent a material fact in a response to a complaint filed under this chapter.
T. Disclosure of Confidential Information. No person shall disclose confidential information relating to a proceeding under this chapter. (Ord. 2006-69 § 2, 2006)
Article IV. Gifts and Required Disclosure
2.10.130 Improper gifts and required disclosures.
A. A public official may not solicit, accept, or receive, directly or indirectly, a gift, whether in the form of money, service, loan, travel, entertainment, hospitality, employment, promise, or in any other form, that is a benefit to his personal or financial interests, under circumstances in which it could reasonably be inferred that the gift is intended to influence the performance of official duties, actions, or judgment or confer a benefit for past performance of official duties, actions or judgment.
B. For purposes of this section an occasional, unsolicited gift of $50.00 or less is presumed not to be given under circumstances in which it could be reasonably inferred that the gift is intended to influence the performance of official duties, actions, or judgment. For purposes of the disclosure requirements set forth in subsection (C) of this section, “gift” includes a series of gifts from the same donor within a 12-month period.
C. Notice of the receipt by public official of a gift valued at more than $50.00, including the name of the giver and a description of the gift and its approximate value, must be provided to the clerk’s office for inclusion in the public record, within 30 days after the date of its receipt:
1. If the public official may take or withhold official action that affects the giver;
2. If the gift is connected to the public official’s governmental status; or
3. If reasonable doubt exists as to whether the gift is intended to influence the performance of official duties, actions, or judgment.
D. The restrictions relating to gifts imposed by this section do not apply to a campaign contribution to a candidate for elective office if the contribution complies with laws and regulations governing elections and campaign disclosure.
E. A public official who knows or reasonably ought to know that a family member has received a gift because of the family member’s connection with the public official shall report the receipt of the gift by the family member to the clerk’s office if the gift would have to be reported under this section had it been received by the public official or if receipt of the gift by the public official would be prohibited under this section. (Ord. 2009-21 § 2, 2009)
2.10.140 Required disclosure.
Repealed by Ord. 2009-21. (Ord. 2006-69 § 2, 2006)
Article V. Procedures
2.10.150 Filing of a verified complaint.
Any person may file a verified complaint with the clerk alleging that a public official has violated one or more provisions of FNSBC 2.10.120. The complaint must:
A. Be a written statement of the charge setting out in ordinary and precise language the acts or omissions with which the respondent is charged, so that the respondent is able to prepare a defense;
B. Specify the subsection(s) of FNSBC 2.10.120 that the respondent is alleged to have violated;
C. No action may be taken on any complaint which is filed later than two years after a violation of this chapter is alleged to have occurred, and a complaint alleging a violation must be filed within two years from the date the complainant(s) knew or should have known of the action alleged to be a violation; provided, that in no event shall a hearing be initiated more than five years after the alleged violation occurred. (Ord. 2006-69 § 2, 2006)
2.10.160 Form of verification.
A. The verification shall be substantially in the following form:
I, (complainant/respondent), have read the foregoing complaint/response, know the contents thereof, and the same are true to the best of my knowledge and belief.
B. The complaint/response and the verification must be signed by the complainant/respondent before a notary public. (Ord. 2006-69 § 2, 2006)
2.10.170 Confidentiality.
A. All proceedings in respect of a complaint filed under FNSBC 2.10.150 are confidential and may not be disclosed to any person except as required for the proper processing and handling of the complaint.
B. It is not a violation of this section for a person to contact or retain an attorney or to participate in a criminal investigation.
C. All proceedings and records shall remain confidential unless the respondent requests a public hearing or until the board of ethics files with the assembly its findings of fact and conclusions of law concerning the complaint. (Ord. 2006-69 § 2, 2006)
2.10.180 Service of complaint.
A. Upon receipt of a verified complaint, the clerk shall:
1. Stamp the complaint with the date and time received, number the complaint, establish a docket for further proceedings, and enter the complaint, including date and time received, on the docket.
2. Review the complaint to determine that it complies with FNSBC 2.10.150, that it alleges facts sufficient to constitute a violation, and that the board has jurisdiction over the matter.
B. If the clerk determines that the complaint complies with FNSBC 2.10.150 and that the board has jurisdiction, the clerk shall serve the complaint and notice on the respondent, personally, or by U.S. mail, certified return receipt requested.
C. The clerk shall notify both the respondent and the complainant that the complaint has been accepted.
D. The notice shall specify the following:
1. The respondent must file a response to the complaint within 30 days from the date of the clerk’s written notice;
2. The respondent may file a challenge to sufficiency of the complaint, if any, within 15 days;
3. The respondent has the right to submit affidavits or other written evidence in support of his or her response;
4. Failure to submit a timely response shall be deemed an admission of the allegations in the complaint;
5. The existence of the complaint shall be confidential until the board of ethics files its findings of fact and conclusions of law to the assembly concerning the complaint;
6. The complainant and the respondent have the right to be represented at any hearing throughout these proceedings.
E. If the clerk determines that the complaint fails to comply with FNSBC 2.10.150 or that the board does not have jurisdiction, the clerk shall dismiss the complaint, setting forth the grounds in a written decision. The clerk shall serve a copy of the decision on the complainant.
F. A complainant may appeal a dismissal of a complaint to the board by filing an appeal with the clerk within 15 days after the date of the notice of dismissal. The appeal must state all facts and legal grounds for the appeal. (Ord. 2006-69 § 2, 2006)
2.10.190 Response.
A. The respondent shall file a verified response within 30 days from the date of service of the complaint.
B. If the respondent fails to respond timely, the allegations of the complaint shall be deemed admitted. The clerk shall notify the complainant and respondent the allegations of the complaint are deemed admitted.
C. The respondent may appeal to the board any deemed admission of the allegations of the complaint, for good cause, by filing an appeal with the clerk within 15 days after the date on which the response was due. The appeal must state all facts and legal grounds for failure to respond timely. (Ord. 2006-69 § 2, 2006)
2.10.200 Transmittal.
The clerk will forthwith furnish to the board the complaint and response, if any, or any appeal and schedule a meeting of the board. (Ord. 2006-69 § 2, 2006)
2.10.210 Board of ethics review and determination.
A. The board shall review and consider all complaints accepted by the clerk, and timely responses, or any appeal of the dismissal of the complaint.
B. The board shall take any action or combination of actions which it deems appropriate and which it is lawfully empowered to take, including but not limited to the following:
1. Consider any timely appeals filed pursuant to FNSBC 2.10.180(F). Upon granting of the appeal, it shall notify the parties.
2. If the respondent has admitted the allegation or failed to respond, the board may issue findings of fact and conclusions of law based on the written record.
C. The board may, in its sole discretion, dismiss the complaint, or decide to proceed to resolution of the complaint if:
1. The complainant seeks to withdraw the complaint at any time before the board takes final action; or
2. The complainant, after notice, materially fails to cooperate in the board’s review and consideration of the complaint. (Ord. 2006-69 § 2, 2006)
2.10.220 Pre-hearing conference.
A. Upon receipt of the response, or the time has passed and the respondent has failed to answer the allegations of the complaint, the clerk shall furnish copies of the complaint and response, if any, to the complainant, the respondent and the members of the board of ethics, including the notice convening the board and setting the time and place for a pre-hearing conference.
B. The pre-hearing conference shall be held no later than 30 days after receipt of the response or the time for filing a response has run.
C. Both the complainant and the respondent may be represented by counsel at all proceedings after the filing of the complaint. An attorney representing a party shall file with the clerk an entry of appearance, furnishing the clerk with his or her name, mailing address, telephone and facsimile numbers and email addresses, if any.
D. At the pre-hearing conference, the following matters shall be considered:
1. Time and place for hearing on the complaint and response;
2. Any stipulations of fact;
3. Any motions to be filed;
4. Any simplifications of the issues;
5. Scheduling motions, discovery and any other relevant matters;
6. Exchange of evidence which shall not be later than 10 days before the hearing; and
7. Any other matters that the board determines will provide a fair and orderly hearing. (Ord. 2006-69 § 2, 2006)
2.10.230 Hearing notice.
A. If the board determines that a hearing on the complaint must be held, the clerk shall serve on the complainant and the respondent a notice of hearing setting out the time and place of hearing and the schedule for any preliminary matters. This notice shall include a statement of the right to provide written evidence and oral testimony. The complainant and the respondent shall also be informed of the right to be represented at the hearing.
B. If the respondent has failed to answer the allegations of the complaint or has admitted the allegations, the board shall prepare findings of fact and conclusions of law based on the written record. (Ord. 2006-69 § 2, 2006)
2.10.240 Subpoenas.
A. The board shall issue subpoenas and subpoenas duces tecum at the request of either the complainant or the respondent, and may issue subpoenas and subpoenas duces tecum to witnesses not called or named by either party but who are deemed by the board to have relevant information.
B. A subpoena issued under this section may be enforced in the superior court in the manner provided under the Alaska Rules of Civil Procedure. (Ord. 2006-69 § 2, 2006)
2.10.250 Motions – Depositions.
A. All motions shall be served in the manner set forth in the Alaska Rules of Civil Procedure and the answering party shall have 10 days from date of service to respond and moving party shall have five days to reply, unless another time has been agreed upon in the pre-hearing conference.
B. Either party or the board’s attorney may depose witnesses. Notices of deposition shall be served on the parties no less than three business days before the date scheduled for the deposition.
C. Motions and depositions may not be used to extend the time for hearing. For good cause shown, either party may apply to the board for an extension of the time for hearing. (Ord. 2006-69 § 2, 2006)
2.10.260 Service by mail and filing.
A. If service by mail is used, three days will be added for response time from the date of mailing. The party must certify the date mailed on the document.
B. All documents shall be filed with the clerk. (Ord. 2006-69 § 2, 2006)
2.10.270 Hearing.
A. All hearings shall be before the board of ethics. The chair of the board shall preside, unless another member of the board has been so designated by the board. The chair shall rule on admission and exclusion of evidence.
B. The board may administer oaths, hold hearings, and take testimony. Upon motion by the board or application by a party to the hearing, the board may issue subpoenas to require the presence of witnesses and the production of records, books and papers at the hearing.
C. The borough attorney, or designee, shall act as the attorney for the board and shall advise the board on matters of law.
D. The complainant and the respondent may each present opening statements setting out the matters they intend to prove. The complainant shall proceed first with his or her evidence and the respondent shall follow, setting forth his or her evidence. The complainant and the respondent may make closing arguments.
E. The board may obtain additional information by a request to the borough attorney or designee, to investigate the complaint and report all information to the board.
F. The Alaska Rules of Evidence do not apply to the admission of evidence in a hearing, but the board’s findings of fact must be based on reliable and relevant evidence.
G. At the conclusion of the presentation of evidence and closing arguments, the board shall consider the allegations, the evidence supporting them and the respondent’s evidence. If fewer than five members of the board are available for deliberation the alternate shall be seated as a voting member until conclusion of the matter, including any appeals; otherwise, the alternate is excused at the conclusion of the hearing.
H. The complainant, the respondent, and their counsel shall be excluded from all deliberations of the board. (Ord. 2006-69 § 2, 2006)
2.10.280 Findings of fact and conclusions of law.
A. The board shall enter its findings of fact and conclusions of law no later than 30 days after the conclusion of the hearing. The board shall notify the parties and their attorneys if an extension is required to permit the board to prepare its findings of fact and conclusion of law.
B. If the board finds that no violation has occurred, the board shall dismiss the complaint. The clerk shall serve the notice of dismissal on the complainant, the respondent and attorneys. The notice of dismissal remains confidential.
C. If the board finds that a violation of FNSBC 2.10.120 has been committed, it shall prepare and submit its findings of fact and conclusions of law to the assembly.
D. The findings of fact and conclusions of law are final and conclusive.
E. The assembly may not change, modify or otherwise alter the findings of fact and conclusions of law as submitted.
F. The assembly shall impose a penalty on the public official in accordance with FNSBC 2.10.310.
G. If the board determines that no violation has occurred, or otherwise dismisses the complaint for substantive reasons, the board may, in its discretion, award full or partial attorney fees to a public official who reasonably incurred those costs defending the complaint. This award may be made only to the extent that the assembly has appropriated funds for that purpose. (Ord. 2006-69 § 2, 2006)
2.10.290 Appeal of findings of fact and conclusions of law and penalty.
A. After the assembly has determined and imposed a penalty, appeal of the findings of fact and conclusions of law and the penalty may be taken to the superior court in accordance with the Alaska Rules of Appellate Procedure.
B. Notice of an appeal must be filed with the superior court within 30 days of the imposition of the penalty. (Ord. 2006-69 § 2, 2006)
2.10.300 Records retention.
The clerk shall provide for the storage or destruction of all records of the proceedings of the board in accordance with the approved borough retention schedule. (Ord. 2006-69 § 2, 2006)
Article VI. Penalties and Remedies
2.10.310 Penalties.
A. The borough clerk or deputy borough clerk who violates this chapter 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 chapter 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 2.10.120. If a public official has violated more than one subsection of FNSBC 2.10.120, 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 2.10.120(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 chapter. (Ord. 2006-69 § 2, 2006)
2.10.320 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 chapter 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 chapter 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)
Article VII. Definitions
2.10.330 Definitions.
“Anything of value” means:
1. Anything having a monetary value in excess of $100.00; or
2. Anything, regardless of its monetary value, perceived or intended by either the one who offers it or the one to whom it is offered to be sufficient in value to influence a public official in the performance or nonperformance of an official action; or
3. Anything, regardless of its monetary value, which, under the circumstances, a reasonably prudent person in the position of the public official to whom the thing is or may be offered, would recognize as being likely to be intended to influence the public official in the performance or nonperformance of an official action; and
4. The term “anything of value” includes, but is not limited to, a valuable act, advance, award, benefit, contract, compensation, contribution, deposit, emolument, employment, favor, fee, forbearance, gift, gratuity, honorarium, loan, offer, payment, perquisite, privilege, promise, reward, remuneration, service, subscription, or the promise that any of these things will be conferred in the future.
“Board” means the assembly board of ethics.
“Clerk” means the borough clerk, the deputy borough clerk, and any designee of the borough clerk or deputy borough clerk. In the event a complaint is filed against the borough clerk or the deputy borough clerk then “clerk,” as used in Article V, Procedures, shall mean the borough attorney’s office.
“Complainant” means a person filing a complaint with the board of ethics.
“Confidential information” means information gained by the borough in the course and scope of its business, including but not limited to personnel, financial and litigation information which is not generally made available to the public, or information concerning the acts of the assembly, including but not limited to executive sessions and ethics hearings not generally made available to the public.
“Conflict of interest” means a financial interest or an interest in any thing of value, as defined in this chapter, or a professional interest in a relevant matter. It may also include the filing of a complaint by a public official or a member of the board.
“Entity” means a group of persons organized for any purpose including but not limited to a corporation, company, partnership, firm, association, organization, joint venture, joint stock company, foundation, institution, government, union, trust, society, church or club.
“Financial interest” means:
1. An interest held by a person or entity subject to this chapter or an immediate family member, which includes an involvement or ownership of an interest in a business, including a 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 has received or expects to receive anything of value; or
2. Holding a position in an entity, as an officer, director, trustee, partner, or holding a position of management.
This definition, however, shall be interpreted and applied in a manner that distinguishes between minor and insubstantial conflicts that are unavoidable in a free society and those conflicts of interest that are substantial and material. Specifically, a public official shall not be disqualified from participation in matters in which the public official:
1. Has a financial interest which is insubstantial;
2. Has a financial interest that is possessed generally by the public or a large class of persons to which the public official belongs;
3. Merely performs some duty or has some influence which would have insubstantial or conjectural effect on the matter; or
4. Has an interest because it involves compensation and benefits for the performance of public official duties.
“Gift” means any benefit or thing or act of value which is conveyed to or performed for the benefit of a public official including any advance, award, contract contribution, deposit, employment, favor, forbearance gratuity, honorarium, loan, payment, service, subscription, or the promise that any of these things or acts of value will be conferred in the future, if such thing or act of value is conferred or performed without the lawful exchange of consideration which is at least equal in value to the thing or act conferred or performed.
“Human resources” means persons employed by the Fairbanks North Star Borough.
“Immediate family member” means a public official’s spouse, children, spouse’s children, spouses of children, grandchildren, parents, siblings, grandparents, or a regular member of the public official’s household.
“Investments” means the acquisition of property or other assets with the expectation of gain.
“Person” means and includes a corporation, company, firm, partnership, association, society, organization or business trust, joint venture, as well as a natural person.
“Public censure” means an official rebuke, which shall be part of the public records.
“Public official” means any person serving on the assembly, the borough clerk, or the deputy borough clerk and any individual serving in an acting capacity in either position.
“Respondent” means the person against whom a complaint is filed with the board of ethics.
“Subpoena” means a command to appear at a certain time and place to give testimony upon a certain matter. A subpoena duces tecum requires production of books, papers and other things. (Ord. 2006-69 § 2, 2006)