Chapter 2.12
CITY OFFICERS GENERALLY
Sections:
2.12.005 Definitions.
2.12.010 Conflict of interest.
2.12.015 Employment of city officers.
2.12.020 Financial disclosure.
2.12.030 Officers and employee bonds.
2.12.040 Use of city electronic communication and information processing facilities.
2.12.005 Definitions.
The following words or phrases, when used in this chapter, shall have the meanings set forth in this section:
“Appointed officer” means the city clerk and city attorney.
“Board or commission member” means a person appointed to a city board or commission under Section 2.44.030.
“City officer” means:
1. An appointed officer;
2. A board or commission member;
3. An elected officer; and
4. An employee.
“Elected officer” means the mayor and each council member, whether elected or appointed to the office.
“Employee” means a permanent, probationary, seasonal, or temporary employee of the city, whether in a confidential/managerial position or the classified service.
“Financial interest” means an interest in a matter that will cause the related person’s financial situation to vary depending on the outcome of the decision on the matter. The financial interest of a person includes the financial interest of any of the following:
1. A member of the person’s immediate family.
2 The person’s employer.
3. An organization, whether for profit or nonprofit, of which the person is an owner, shareholder, partner, director, officer or member.
“Immediate family” of a person means any of the following: a spouse, parent, uncle, aunt, sibling, spouse’s parent or sibling, child (including a stepchild or adopted child), and anyone who lives in the person’s household.
“Matter” means a case, proceeding, application, contract or determination, but does not include the proposal or consideration of an ordinance, resolution or other legislative measure; or the proposal, consideration or adoption of an administrative regulation.
“Substantial financial interest” means any financial interest except:
1. A financial interest of such limited magnitude that it would not influence an average, reasonable person.
2. A financial interest on which the outcome of a decision would have only an insignificant or conjectural effect.
3. A financial interest that is common to a large class of persons including the person whose financial interest is at issue. (Ord. 08-34(AM) § 2, 2008: Ord. 04-29 § 2, 2004)
2.12.010 Conflict of interest.
A. City Council.
1. A member of the city council shall declare a substantial financial interest the council member has in an official action and ask to be excused from a vote on the matter.
2. The mayor shall rule on a request by a council member to be excused from a vote.
3. The decision of the mayor on a request by a council member to be excused from a vote may be overridden by the majority vote of the council.
4. A council member who has been excused from a voting on a matter under this subsection also shall abstain from the discussion of the matter, except that the council member may speak on the matter as a member of the public.
B. Other City Employees and Officials. A city employee or official, other than a member of the city council, may not participate in an official action in which the employee or official has a substantial financial interest. (Ord. 04-29 § 3, 2004: prior code § 2.20.100)
2.12.015 Employment of city officers.
A. During the term for which elected or appointed, and for one year after leaving office, an elected officer shall not be eligible for city employment, except with the approval of the council.
B. A board or commission member is eligible for city employment, but must resign the board or commission appointment before commencing city employment.
C. A city officer may not represent or advise a person in any matter pending before the department in which the city officer serves.
D. Within one year after ceasing to be a city officer, a person may not represent or advise a person for compensation regarding the following:
1. A matter in which a city officer was directly involved or had direct influence over; or
2. A matter in which the city officer participated personally and substantially through the exercise of official action. (Ord. 08-34(AM) § 3, 2008)
2.12.020 Financial disclosure.
A. Elected officers of the city shall comply with Alaska Statute 39.50 which requires a public official to file a statement of his financial and business interests.
B. Appointed officers of the city shall comply with Alaska Statute 39.50 which requires a public official to file a statement of his or her financial and business interests.
C. Candidates for the elective offices of the city shall comply with Alaska Statute 39.50 which requires a candidate for public office to file a statement of his or her financial and business interests. (Prior code § 2.20.110)
2.12.030 Officers and employee bonds.
The administrator and other municipal officers or employees which the council may designate shall give bond in the amount and with the surety prescribed by the council. Premiums on bonds are paid by the municipality. (Prior code § 2.68.010)
2.12.040 Use of city electronic communication and information processing facilities.
A. This section governs elected city officials’ use of computers and computer software, telephones, voice mail, fax machines, photocopiers, and other electronic communication and information processing facilities owned or leased by the city (collectively, “electronic facilities”).
1. Elected city officials may use electronic facilities to conduct city business; provided, that reasonable occasional personal use of such items is not prohibited. The city at any time may restrict or prohibit personal use of electronic facilities.
2. Elected city officials shall not use electronic facilities to:
a. Communicate a message that might be construed as discrimination or harassment, or offensive to others based on race, color, marital or veteran status, sex, disability, age, religion, national origin, or other legally protected status;
b. Solicit for a private business enterprise or for other personal gain;
c. Conduct any illegal activity;
d. Promote religious or political beliefs;
e. Support or oppose any candidate for public office, or ballot proposition.
3. Specifically, and without limiting the generality of the preceding subsections, an elected city official may not use electronic facilities to:
a. Create or send abusive or inappropriate email;
b. Use the Internet to participate in chat rooms and similar activities not related to official duties; or
c. Print, display, download, send or forward any sexually explicit or otherwise inappropriate or abusive images, messages, cartoons, or jokes.
4. Regardless of any permission for reasonable occasional personal use of electronic facilities, no elected official has any privacy interest in their use. Email and Internet communications, and other computer files, can be retrieved and traced to the sender even after they have been “deleted.” In addition, in response to public records requests or in connection with legal proceedings, the city may be required to produce email messages, Internet communications, and other communications or files sent from, received by, or stored on electronic facilities. The city may at any time review, audit, and download email messages, Internet communications, and other communications or files that elected officials send from, receive by, or store on electronic facilities.
5. Elected officials must exercise special care in handling privileged, proprietary, confidential, or copyrighted information and communications. Any dissemination of such materials must be limited to persons with a legal right to access them. Almost all software is copyrighted.
6. Due to the city’s limited network and storage capacity, elected officials shall not download any programs, or graphic, video or audio files, to electronic facilities unless it is necessary for city business purposes and authorized by the city clerk and the management information systems division.
7. All traffic to and from the Internet must travel through the city’s approved Internet gateway in order to assure maximum security, virus protection, monitoring, and system management capabilities. Elected officials may be provided a city email account.
8. Any executable files, programs or utilities downloaded or received (by email, disk or other media) from the Internet or other external source must be scanned for viruses and licensed prior to launching. All files shall be scanned with anti-virus prevention software provided by the city. If the elected city official requires assistance in scanning for viruses or licensing software, please contact the city clerk and the management information systems division. Elected city officials are prohibited from using the city’s systems for transmission of destructive programs such as viruses or self-replicating code.
9. The city may assign passwords to elected officials for access to electronic facilities. Passwords are the property of the city, and elected city officials have no right of privacy in a password, or in the information to which the password gives access. For example, assigning an elected official a password to log on to a computer does not mean that the elected official’s use of that computer is in any way private; the city retains the right, at all times, to access data on the computer.
10. An elected city official shall promptly notify the city clerk of any loss or damage to electronic facilities for which the elected official is responsible, and pay the cost of repair or replacement of the lost or damaged electronic facilities.
11. The management information systems division will notify the city clerk of any misuse of electronic facilities by an elected city official. Upon a first report the city clerk will give the elected city official oral notice of the misuse. Upon a second report, the city clerk will give the elected official written notice of the misuse, and provide a copy of the notice to all other elected city officials. Upon a third report, the city clerk will ask for an executive session with the city council and mayor to discuss the matter and take action as needed. (Ord. 07-57 § 2, 2007)