Chapter 2.36 CODE OF ETHICS

It is essential that the public and citizens of the Northwest Arctic Borough have trust in the integrity, independence, and impartiality of their elected and appointed public officials.

The public entrusts its power and resources to its officials to use only in the public’s best interest and expects borough public officials to fulfill their public duties and responsibilities faithfully, honestly and ethically. Elected and appointed officials hold a position of public trust and the public has the right to expect that public officials will conduct themselves in a manner that will preserve public confidence, trust and respect for the government.

It is the responsibility of each public official to act in a manner that upholds public trust and governmental integrity by abiding by all applicable laws and avoiding lawful activities that may have even the appearance of impropriety. Such confidence depends not only on the lawful conduct of those who exercise official power, but on their personal ethical principles and conduct as well.

To promote confidence in the government of the Northwest Arctic Borough and its elected and appointed officials, and for enhancing the borough’s ability to function effectively, it is borough policy that all elected and appointed public officials govern their conduct by the following principles:

A. Public officials should perform public service as a public trust to serve others, not themselves.

B. Public officials should use the power of the borough for the well being of all borough citizens.

C. Public officials should create and maintain a professional environment of honesty, openness, integrity, equality and fairness.

D. Public officials should conduct themselves in a manner compatible with the borough’s best interests and governing principles and avoid even the appearance of impropriety. (Ord. 02-06 § 1, 2002)

2.36.020 Purpose.

A. The purpose of this chapter is:

1. To state and identify reasonable standards of ethical conduct for public officials;

2. To encourage public officials to pursue the highest ethical ideals which they can achieve;

3. To inform public officials and the public of the standards of ethical conduct to which public officials must adhere; and

4. To promote public trust in the integrity of public officials and government by establishing and enforcing standards of ethical conduct.

B. This chapter is also intended to establish a process to ensure that complaints or inquiries regarding the conduct of elected and appointed officials are resolved in the shortest practicable time in order to protect the rights of the public at large and the rights of the officials. Additionally, this chapter establishes penalties, as appropriate, for public officials who violate the public trust and the standards of this ethics code. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.010)

2.36.030 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Alcohol test” means any scientifically accepted and valid analytical method or test procedure performed under reasonable and sanitary conditions to determine the percent of alcohol in the blood.

“Borough” means the Northwest Arctic Borough and, where the context requires, the Northwest Arctic Borough school district.

“Breach of public trust” means, for the purpose of this chapter, a knowing violation of the ethical standards and policies as defined in this chapter which injures the reputation of the borough, interferes or hampers the work of the borough government or tends to erode public confidence in the integrity and trust of public officials or the government.

“Campaign activity” means any act for the purpose of influencing the nomination or election of a person to public office, or for the purpose of influencing a ballot proposition or question.

“Confidential information” means information that has been obtained in the course of holding public office or otherwise acting as a public servant, which, by law or regulation, is not available to the public, and which the public official is not authorized to disclose.

“Contribution” has the same definition as in 2 AAC 50.313 or any successor regulation to 2 AAC 50.313, and except as limited in this chapter, includes any payment, gift, subscription, loan, advance, transfer, deposit of money, services or anything of value made or given by a person or group for the purpose of influencing an election.

“Controlled substance” means any drug, substance, or immediate precursor as defined and regulated by state or federal laws, except that within the meaning of this chapter, the term does not include any drug or substance which has been lawfully prescribed by an authorized person for the use of a public official, and which is used in accordance with the prescription.

“Convicted” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of criminal statutes, including all drug, alcohol, and controlled substance laws, as defined herein and under federal, state or local laws.

“Criminal drug or alcohol statute” means a federal, state, municipal or tribal criminal statute or ordinance involving the illegal manufacture, distribution, importation, dispensing, possession, influence, or use of alcohol, any illegal drug or controlled substance, as defined in this chapter or under state or federal laws.

“Criminal statute” means any federal, state, municipal or tribal criminal statute or ordinance involving illegal activity, conduct or behavior, including all classes of felonies, involving theft, child abuse or other dishonest or immoral acts prohibited by law, and misdemeanors involving violations of alcohol, drugs, controlled substances or moral turpitude.

“Drug test” means testing for evidence of the use of a drug or controlled substances, such as a multiple-step urine test which involves an immunoassay screening method approved by the Food and Drug Administration, and confirmation by use of Gas Chromatography and Mass Spectroscopy (GC/MS) or other scientifically accepted and valid analytical method or test procedures.

“Drunken state” means the condition of a drunken person, as defined in AS 4.21.080(b)(8), or any successor statute, whose physical or mental conduct is substantially impaired as a result of the introduction of an alcoholic beverage into the person’s body and who either exhibits those plain and easily observed or discovered outward manifestations of behavior commonly known to be produced by the overconsumption of alcoholic beverages, or has a positive alcohol test.

“Engaging in business” means submitting a written or oral proposal to supply goods, services or other things of value or furnishing goods, services or other things of value, for consideration.

“Gratuity” means a thing having value given voluntarily or beyond lawful obligation, in return for, or in anticipation of, any service or consideration in connection with the recipient’s performance of duties.

“Illegal drugs” means “controlled substances,” as defined in 21 USC Section 802 and listed in 21 USC Section 812, or any subsequent amendments to these federal statutes and as defined in AS 11.71.900(4), or any successor statute under state law.

“Immediate family” means anyone who, by blood or adoption, is a child, spouse, sibling or parent of a public official.

“Knowingly” means acting with awareness or substantial certainty with respect to conduct or to circumstances surrounding such conduct.

“Moral turpitude” means conduct or behavior that gravely violates moral sentiments or accepted moral standards of the community.

“Nonprofit, service organization” means a corporation, committee, commission or similar organization formed to provide health, housing, resource management primarily as a not-for-profit public service.

“Notice” means written notice given through personal delivery, certified mail or other means reasonably calculated to notify a person of an action or event.

“Organization” means any entity, corporation, partnership, firm or association, whether organized for profit or nonprofit other than an individual or governmental agency.

“Personal interest” means the interest of a person or his or her immediate family from which a person receives a benefit, and which interest is not shared by the general public.

“Positive drug or alcohol test” means the presence of alcohol, an illegal drug or an illegal controlled substance in an individual’s system, as determined by appropriate testing of a bodily specimen, that indicates a violation of legal levels as prescribed by law. This is referred to as a positive test, positive level, prohibitive level, or positive screen.

“Public official” means a person occupying a borough public office as the mayor, an assembly member, a commission member, or a board member, including any member of the Northwest Arctic Borough school board, the school district superintendent, school district attorney or any office required by law to be appointed by the mayor and confirmed by the assembly.

“Substantial financial interest” means a direct or indirect monetary or material benefit, privilege, interest, or contractual relationship accruing as a result of the borough’s consideration of a matter.

1. A financial interest includes:

a. Any monetary interest of a public official’s immediate family or employer.

b. Any monetary interest in an entity in which a public official or member of the public official’s immediate family has an ownership interest, or is a director, officer, or employee.

2. A determination that a public official has a substantial financial interest in a matter must be considered on a case-by-case basis evaluating these factors:

a. The scope and nature of the conflict or potential conflict;

b. The potential for the appearance of impropriety;

c. The scope of the discretion vested in the public official;

d. Whether the financial interest which is obtained through an open competitive process;

e. Whether the financial interest is limited in nature and magnitude such that it would not tend to influence an average, reasonable person; and

f. The harm caused to the public interest by removal of the public official from participation in the action or matter. (Ord. 21-09 § 1, 2021; Ord. 02-06 § 1, 2002; Ord. 96-01, 1996; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.030)

2.36.040 Findings.

A. It is not the intent of this chapter to set unreasonable barriers that will deter qualified persons from entering or remaining in public service, but rather it is recognized that the Northwest Arctic Borough is a sparsely populated, isolated community with a limited population from which to draw its leaders. Many of the borough’s leaders are also shareholders of corporations formed under the Alaska Native Claims Settlement Act or officials of such corporations or of nonprofit service organizations providing public services to borough residents. Therefore, the following factors are to be considered in the construction and application of this chapter:

B. The assembly finds that:

1. Traditional communities of the borough are isolated, rural and small in population;

2. The majority of the public in the borough hold unmarketable shares in village or regional corporations established under the Alaska Native Claims Settlement Act (ANCSA);

3. A native shareholder in an ANCSA village or regional corporation generally cannot market or otherwise insulate himself or herself from his or her shares;

4. Most public officials of the borough, either directly or through their family members, hold shares in a village or an ANCSA regional corporation doing business in the borough and active in the cash economies of traditional communities of the borough;

5. Some borough public officials are employed by or officials of ANCSA corporations or of nonprofit service organizations located within the borough or elsewhere.

6. To require public officials to abstain from voting on a public issue that might, or will benefit, an ANCSA regional or village corporation or nonprofit, public service organization would oftentimes undermine the assembly’s and borough boards’ and commissions’ ability to function because a majority and sometimes all members would be prohibited from voting; and

7. To require the mayor to abstain from deciding a public issue that might or will benefit an ANCSA regional or village corporation or nonprofit service organization would oftentimes undermine the mayor’s ability to function, because historically the mayor has owned ANCSA regional and village corporation shares and those qualified to act as mayor work at the pleasure of the mayor and will likely own shares in an ANCSA regional and village corporation or have ties to a nonprofit service organization. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.020)

2.36.050 Application of provisions.

A. Unless otherwise specified, the provisions of this chapter apply to any borough public official. They do not apply to other borough or school district employees who are not “public officials” as defined in NABC 2.36.030.

B. It is the intent of this chapter that separate but substantially uniform procedures for investigation, enforcement or other response to ethics issues shall be employed by the Northwest Arctic Borough and the Northwest Arctic Borough school district.

C. Except as otherwise specified, in ethics matters involving the Northwest Arctic Borough school district, this chapter shall be implemented by and apply to the school board instead of the assembly, to the superintendent instead of the mayor, and the school district attorney instead of the borough attorney. The borough clerk shall perform the same functions for the school district as for the borough as prescribed in this chapter.

D. The provisions of this chapter supersede any provision of the common law relating to conflict of interest for public officials. (Ord. 02-06 § 1, 2002; Ord. 97-04 § 1, 1997; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.040)

2.36.060 General standards of ethical conduct.

A. Public officials shall conduct themselves in a manner which does not injure the reputation of the borough or which does not hamper the work and official business of the assembly or school board.

B. Public officials shall meet the standards of ethical conduct and policies as established in this chapter.

C. Public officials shall abide by all general laws of the borough, state and federal government. In addition to being a violation of other laws, it is also a violation of this chapter for any public official to:

1. Be convicted of any felony or misdemeanor involving moral turpitude, such as child abuse or neglect or crimes involving dishonesty, whether or not the crime relates directly to the duties of the public official as a public servant; or

2. Be found guilty of violating any laws prohibiting discrimination against any protected class or violating any laws prohibiting sexual harassment; or

3. Be found guilty of violating any laws prohibiting retaliation against public servants who assert a lawful claim of any nature or otherwise engage in lawfully protected activity; or

4. Be found guilty of violating any local, borough, state or federal law prohibiting the illegal possession, transportation, importation or consumption of alcohol, drugs or other controlled substances; or

5. Be convicted of chronic violation of other general federal, state, borough or local laws.

D. Public officials shall not divulge to any unauthorized person confidential information acquired in the course of holding his or her public office in advance of the time or manner prescribed by the provisions of this code or by any other applicable confidentiality laws.

E. Public officials have a general duty to report any ethical violations of this chapter. Any person may report an ethical violation to any official, who shall forward the report to the mayor, an ethics committee member, or the assembly or school board presiding officer for further processing of such report in accordance with this chapter.

F. All public officials shall respond fully and truthfully to any inquiries by the borough attorney, ethics committee or otherwise authorized persons in connection with an investigation of an alleged or potential violation of this chapter. Officials shall cooperate fully in any investigation, and shall provide required information as may be requested, unless such information is exempt from disclosure under other applicable law.

G. A public official shall not knowingly, recklessly or maliciously file a false complaint or give false information or false testimony in a proceeding or investigation connected with an alleged violation of the standards contained in this chapter.

H. A public official shall not aid another public official of the borough in a violation of the standards contained in this chapter. (Ord. 02-06 § 1, 2002)

2.36.070 Conflict of interest – Commercial activity.

Public officials may not:

A. Request, use or permit the use of borough property or equipment, or of a public official’s or employee’s borough-compensated time for nonborough purposes, unless that use is available to the general public on the same terms or is approved by the mayor;

B. Request, use or permit the use of borough property or equipment, or of a public official’s or employee’s borough-compensated time to conduct campaign activity unless that use is available to the general public on the same terms;

C. Use information peculiarly within the public official’s knowledge or purview concerning the property, government or affairs of the borough to advance the personal interest of the public official or the official’s immediate family;

D. Accept any form of gift, loan or gratuity in exchange for the performance of the public official’s duties other than the compensation and benefits provided by the borough, except as provided in NABC 2.36.080(B);

E. Engage in business with the borough, or be a party to the purchase of goods or services for the use of the borough from any person or organization in which the public official or a member of the official’s immediate family has a substantial financial interest, unless the financial interest is first disclosed, and the transaction or purchase is approved in advance by the assembly or school board or secured through competitive bidding;

F. Take any action to influence the borough’s solicitation of any bid or proposal from a person or organization in which the public official or a member of the official’s immediate family has a substantial financial interest;

G. Take any action in his/her capacity as a public official in regard to any contract with the borough in which the public official or a member of the official’s immediate family has a substantial financial interest, or in regard to any sale of land, material, supplies or services to the borough or to a contractor supplying the borough, if the public official or a member of the official’s immediate family has a substantial financial interest in such sale, unless the financial interest is first disclosed, and the sale or contract is secured through competitive bidding or is approved in advance by the assembly or school board;

H. Represent, advise or assist a person or organization for pay or other benefit to the public official in any matter involving the public official’s public duty. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.170), 1995)

2.36.080 Conflict of interest – Gifts, loans and travel.

A. Public officials of the borough shall not request or receive a gift, loan or trip, personally or for the official’s immediate family members, if:

1. That gift, loan or trip would tend to influence the public official in the discharge of his or her official duties; or

2. The public official may in the foreseeable future be involved in any official action directly affecting the donor or lender.

B. Exceptions. This section shall not apply in the case of:

1. Occasional nonmonetary gifts, not to exceed a total value of $250.00 from any single donor in a single calendar year;

2. An award publicly presented in recognition of public service;

3. A commercially reasonable loan made in the ordinary course of business by an institution authorized to engage in the making of such loans, or a Northwest Arctic Borough loan available to the public official on the same terms as to the general public;

4. A political campaign contribution; provided, that the contribution is reported and used in the manner required by the applicable federal, state and local law;

5. Discounts that are generally available to the public or to a large class of persons to which the public official belongs;

6. Food, wildlife products and materials that are generally given or shared locally as a part of traditional cultural activities;

7. Ordinary hospitality in a private home; or

8. Travel, subject to the following restrictions:

a. All travel accepted must be for furtherance of a valid public purpose, and

b. All travel accepted must be approved in advance by the mayor or superintendent in consultation respectively with the assembly or school board presiding officer. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.180)

2.36.090 Conflict of interest – Voting.

A. A potential conflict of interest exists where a public official has a financial interest in an official action or matter. Any such potential conflict must be addressed under the provisions of this chapter. If the financial interest is determined to be substantial, it constitutes a conflict of interest prohibiting a public official from participating in any action relating to the official action or matter pursuant to the procedures in subsection (F) of this section.

B. The mayor shall declare to the assembly any substantial financial interest the mayor has in an official action. The superintendent shall declare such interest to the school board.

C. A public official shall declare any substantial financial interest in an official action and ask for a determination on whether the public official is required to be excused from consideration of the matter.

D. The presiding officer shall determine whether a public official has a substantial financial interest in an official action or matter that requires the official’s excusal from consideration and voting on that matter.

E. The presiding officer’s determination on whether a public official has a substantial financial interest that requires their excusal from voting on an official action or matter may be overridden by a majority vote of the body’s membership.

F. A public official who has been excused from consideration of a matter under this section shall also abstain from deliberation and discussion of the matter, except that the public official may speak on the matter as a member of the public if public comments are being heard on the action or matter. The excused public official shall not sit with the borough body during its consideration of the matter in which the public official has a conflict after a conflict of interest has been determined to exist. (Ord. 21-09 § 1, 2021; Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.190)

2.36.100 Drugs and alcohol – Prohibited acts.

Public officials of the borough may not:

A. Be in a drunken state while conducting borough business; or

B. Be in a drunken state during a period in which the borough body, of which the official is a member, is conducting a meeting, regardless of whether the official attends the meeting; or

C. Manufacture, distribute, dispense, sell, possess, use or have a positive test for an illegal drug while conducting borough business; or

D. Manufacture, distribute, dispense, sell, possess, use or have a positive test for an illegal drug during a period in which the borough body of which the official is a member is conducting a meeting, regardless of whether the official attends the meeting; or

E. Be convicted of violating a criminal drug or alcohol statute as defined herein or by law. (Ord. 02-06 § 1, 2002; Ord. 96-01, 1996; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.200)

2.36.110 Assembly general authorities.

A. Notwithstanding the provisions of this chapter, the assembly retains the authority to reprimand its members for conduct tending to injure the reputation of the borough or which hampers the work of the assembly, including the authority to order its members to take such actions as may be deemed necessary to correct such conduct. The assembly shall exercise this authority pursuant to procedures prescribed by this chapter or otherwise provided by Robert’s Rules of Order or such other rules as may be prescribed by the assembly.

B. If the assembly, by majority vote, believes that a violation of a standard contained in this chapter by an elected official may be grounds for removal from office, the assembly may initiate proceedings for removal by filing a complaint in accordance with provisions of this chapter or such other means as permitted by law. (Ord. 02-06 § 1, 2002)

2.36.120 Ethics committee.

A. As required or necessary to implement the provisions of this chapter, the assembly shall establish and appoint an ethics committee, as prescribed under NABC 2.04.070. Membership shall be composed of three assembly members appointed by the president, for a period of one year. The assembly or the ethics committee may provide procedures for operation of the committee. The borough attorney or independent counsel shall serve as the legal advisor for the ethics committee.

B. The ethics committee shall meet as frequently as it deems necessary to conduct committee business, complaint inquiries, investigations or hearings, but no less than once a year to monitor or review the provisions of this chapter.

C. The ethics committee shall:

1. Conduct inquiries into reports of alleged or potential ethical violations, whether the allegation arises from an attorney advisory opinion, a formal complaint or investigation, or is brought to the ethics committee on its own motion, by request of the mayor or by report of the public as provided for in this chapter.

2. Develop specific recommendations for necessary further action for full assembly approval as appropriate and in accordance with this chapter.

3. Review formal ethical violation complaints and conduct investigative hearings as needed to hear and decide specific recommendations or actions, including the filing of a formal accusation and requesting the appointment of a hearing officer.

4. When appropriate, and with the assistance of the borough attorney or independent counsel, assist the hearing officer in compelling, by subpoena, attendance and testimony of witnesses and the production of information necessary for the formal investigation and hearing of alleged ethics code violations.

5. Implement and enforce the provisions of this chapter including developing recommended corrective actions, sanctions, or other penalties and disciplinary actions, including recommendation of possible removal from office, for assembly consideration, as provided in this chapter or by law.

6. Recommend or adopt rules, procedures, and policies to accomplish the purposes of this chapter, and other duties as requested by the assembly and necessary to implement this chapter. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.20.080), 1995)

2.36.130 Request for advisory opinions.

A. Upon approval of the mayor or assembly president, the ethics committee, a public official or any other person may request a written opinion from the borough attorney relating to any situation involving a public official which may give rise to the possibility of a violation of the standards contained in this chapter.

B. Requests for advisory opinions shall be in writing, shall set forth the pertinent facts and shall be signed by the person making the request. The request shall be held in confidence and no disclosure of it shall be made except as necessary for the borough attorney to obtain sufficient facts upon which to make a ruling.

C. A public official is not liable under this chapter for any action carried out in accordance with the determination made under this section if the public official fully disclosed all relevant facts reasonably necessary to the determination.

D. The borough attorney may, because of changes in factual information or changes in the law, reconsider, revoke or modify an advisory opinion. Prior to revoking or modifying an opinion, the borough attorney shall give the subject of the opinion notice and an opportunity to respond.

E. A public official, ethics committee or hearing officer may rely upon an advisory opinion that is currently in effect concerning that public official. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.050)

2.36.140 Ethics violation proceedings.

The following general provisions shall apply to all alleged ethical violation inquiries, complaint administration and investigations:

A. Unless the subject of the complaint, in writing, waives confidentiality, complaints and investigations prior to formal hearings before the hearing officer are confidential, except to the extent disclosure is necessary for the borough attorney or independent counsel, ethics committee or hearing officer to obtain sufficient facts upon which to make a finding, recommendation or conclusion.

B. No member of the assembly, ethics committee or persons responsible for administering the provisions in this chapter shall receive or otherwise engage in ex parte communications with the subject of the complaint, investigation, or accusation proceeding during the period of time the matter is subject to inquiry or investigation. Insofar as practicable, communications between borough staff, the ethics committee and assembly members should avoid discussion of the merits, evidence or other nonprocedural matters related to a specific complaint, investigation, accusation or hearing.

C. Lack of cooperation or premature public disclosure by the complainant in an investigation, the withdrawal of a complaint, or restitution by the subject of the complaint may, but does not automatically, justify the termination of an investigation or proceeding. (Ord. 02-06 § 1, 2002)

2.36.150 Procedures for filing an ethics complaint.

A. Any person may file a written complaint with the mayor, borough clerk or borough attorney alleging a violation of this chapter by any public official. All complaints will be forwarded to the borough clerk for administrative processing.

B. The complaint must be written, verified under oath and contain a clear statement of the factual allegations upon which the alleged violation is based.

C. The borough clerk shall acknowledge receipt to the complainant, and forward the complaint simultaneously to the ethics committee chair, or if appropriate, to the assembly or school board presiding officer to form an ethics committee as prescribed in NABC 2.36.120.

D. Complaints that allege a violation by the mayor or borough attorney may be referred for review to independent counsel appointed by the assembly. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.060), 1995)

2.36.160 Complaint review – Dismissal – Complaint notice and response.

A. The borough attorney or independent counsel shall review each complaint to analyze whether it contains allegations which, if true, would constitute a violation of the standards contained in this chapter and to forward his or her findings to the ethics committee and recommend whether the complaint warrants further enforcement proceedings under this chapter.

B. The ethics committee shall review the complaint together with the attorney’s analysis and recommendations to determine if the complaint warrants further investigation.

C. If it is determined that a complaint does not warrant investigation, the complaint shall be dismissed and the public official shall be notified in writing of the dismissal. The assembly retains the authority to take other actions it deems appropriate to enforce the ethical principles and policies of this chapter as prescribed in NABC 2.36.110.

D. If the ethics committee determines that a complaint warrants further investigation, the borough attorney or independent counsel shall serve a copy of the complaint on all parties named in the complaint and give full and fair disclosure in writing of all factual allegations and circumstances relevant to the alleged violation, a complete statement of potential charges and notify the parties of their opportunity to respond.

E. Failure to respond within 20 days after receipt, or within an additional time period granted in writing by the ethics committee or the borough attorney or independent counsel, may be considered an admission of the allegations in the complaint. A public official may request an extension of time to respond of up to an additional 40 days, and the first such request shall be granted. Misrepresentation of a material fact in response to the ethics committee or to the borough attorney or independent counsel is a violation of the standards contained in this chapter. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.070), 1995)

2.36.170 Complaint investigation and findings.

A. The ethics committee is empowered to investigate allegations of violations of the provisions of this chapter, and, in furtherance of any investigations, the committee shall review the complaint response and any other oral or written permitted information or evidence, and may request the production of further evidence and interview witnesses.

B. After investigation, the ethics committee may dismiss a complaint for lack of probable cause to believe that a violation occurred. The complainant and the public official shall be notified in writing of the dismissal. The assembly retains the authority to take other actions it deems appropriate to enforce the ethical principles and policies of this chapter as prescribed in NABC 2.36.110.

C. If the ethics committee determines that the conduct of the subject of a complaint does not warrant additional formal procedures under this chapter, it shall recommend action to the assembly to correct or prevent a violation of the standards contained in this chapter and upon approval of the assembly provide the recommendations in writing to the subject of the complaint and to the complainant.

D. If the ethics committee determines that there is probable cause to believe that a violation of the standards contained in this chapter occurred, and that the violation has occurred that cannot be corrected under subsection (C) of this section, or that the subject of a complaint failed to comply with the recommendation for corrective or preventive action, the committee shall file a formal statement of charges and an accusation alleging a violation of the standards contained in this chapter with the mayor and assembly president, and request the appointment of a hearing officer. The accusation shall be served on the subject of the accusation and shall become a public document. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.060, 2.22.080), 1995)

2.36.180 Accusation and hearing.

A. Upon request of the ethics committee under NABC 2.36.170(D), an independent hearing officer shall be appointed by the mayor, subject to assembly approval, unless the subject of the proceedings is the mayor, in which case the assembly shall appoint a hearing officer.

B. The borough attorney or independent counsel shall serve notice of the accusation and the appointment of the hearing officer upon the subject of the accusation. The notice shall provide a clear statement of the charges and specify the time and date of the public hearing to be conducted by the hearing officer.

C. The subject of the accusation shall file an answer with the hearing officer within 20 days after notice of the accusation, or at a later time specified by the hearing officer. Failure to respond to the accusation may result in the allegations being deemed admitted. A public official may request an extension of time to answer of up to an additional 40 days, and the first such request shall be granted.

D. If the subject of the accusation denies that a violation of the standards contained in this chapter has occurred, the hearing officer shall schedule a hearing pursuant to the administrative procedures provided in this chapter and such other procedures consistent with this chapter as the assembly may provide. The hearing officer may reschedule any hearing as necessary due to weather or other appropriate circumstances.

E. Hearings under this chapter shall be conducted as administrative hearings by the hearing officer. In its discretion, the assembly may direct that the hearing conducted by the hearing officer be in the presence of the ethics committee or full assembly. The formal rules of evidence need not apply to hearings under this chapter, but the hearings shall be recorded, and the hearing officer shall render a final decision in writing with supporting findings and conclusions. All hearings shall be open to the public.

F. The hearing officer shall have the power to administer oaths, subpoena witnesses and compel production of books and papers pertinent to a hearing authorized by these rules. Subpoenas shall be issued by the borough clerk and served by a peace officer or process server. The borough attorney or independent counsel shall present the evidence supporting the accusation of violation. The subject of the accusation may appear in person or through counsel.

G. Telephonic hearings are generally discouraged, but may be allowed if special circumstances exist which make it impossible or otherwise very burdensome. Telephonic appearances require approval of the hearing officer. All requests for telephonic appearance shall be in writing, clearly state the circumstances creating the difficulty, and should be submitted to the hearing officer no later than 30 days before the scheduled hearing date.

H. If the subject of the accusation fails to appear before the hearing officer, the subject of the accusation will proceed as scheduled, and any documents or evidence submitted by the subject of the accusation will be presented to the hearing officer at the time of the hearing.

I. If the subject of the accusation admits to the violation of the standards contained in this chapter, the hearing officer shall determine the appropriate penalties, including the possibility of removal of office, to recommend to the ethics committee or for assembly action.

J. No later than 60 days following the hearing conducted under this chapter, the hearing officer shall issue a written decision based on findings and conclusions of the hearing. Such findings must be in writing and must be reasonably specific so as to provide interested persons, and where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the hearing officer’s decision. The decision, findings of fact, and conclusion of law shall be forwarded to all parties to the hearing.

K. The final decision by the hearing officer shall be advisory only. If the hearing officer concludes that an elected official has violated a standard contained in this chapter, he or she shall report his or her findings and recommend corrective action or penalties to the ethics committee and the assembly as appropriate. The assembly may decide all matters pertaining to the accusation, may exercise independent judgment as to the weight of evidence supporting or refuting the accusation, and may exercise independent judgment on legal issues raised by the parties.

L. A decision of the hearing officer reached at the conclusion of a hearing may be reconsidered or reheard only if there was substantial procedural error in the original proceedings or the original decision was based on fraud or misrepresentation. Any person seeking reconsideration or rehearing must file a request with the borough clerk together with the materials supporting one or more of the grounds stated above within five business days after the date of the final decision for which reconsideration or rehearing is requested. A rehearing shall be conducted in the same manner as the original proceeding.

M. Any aggrieved party may seek an appeal before the Superior Court of the state of Alaska only after final exhaustion of all administrative remedies as described in this chapter. All such judicial appeals are appeals on the record, and no new evidence or issues may be presented. Both parties are limited to the record on appeal, except to the extent that the Alaska Rules of Civil Procedure requires otherwise. The venue for any appeal to the Superior Court will be the Second Judicial District at Kotzebue. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.100, 2.22.090), 1995)

2.36.190 Penalties for violations.

A. In addition to the actions permitted in NABC 2.36.110 and 2.36.170(C) or any other provision of this chapter, if the assembly determines, upon recommendation of the ethics committee or hearing officer, that a public official of the borough has violated a standard contained in this chapter, it shall order the public official to stop engaging in any official action related to the violation; may order divestiture, establishment of a blind trust, restitution, forfeiture, private or public censure.

B. If the assembly determines that a member of a board or commission has violated a standard contained in this chapter, it shall, in addition to the penalties listed in subsection (A) of this section, order the member to refrain from voting, deliberating or participating in the matter.

C. If the assembly determines that a former public official violated a standard contained in this chapter, it may issue a public statement of its findings, conclusions and recommendations and may recommend the borough attorney seek whatever legal and equitable remedies are available to the borough. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.110), 1995)

2.36.200 Removal of public official.

A. A violation of a standard contained in this chapter is a breach of public trust and is grounds for removal of a public official as prescribed in this chapter or by any means not prohibited by law.

B. Upon the recommendation of a public hearing officer, an elected public official may be removed by a two-thirds majority vote by the assembly in accordance with Charter Section 2.05(2)(J) or 8.02(5), unless otherwise prohibited by law.

C. An aggrieved public official may seek an appeal of his or her removal as provided in NABC 2.36.180(M). (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.120), 1995)

2.36.210 False complaints – Penalties.

The borough may:

A. Seek legal or equitable recourse in a court of law against any person who knowingly, maliciously or recklessly files a false complaint, or gives false information or false testimony in a proceeding or investigation connected with an alleged violation of the standards contained in this chapter; or

B. Take disciplinary action, up to and including discharge, against a borough employee in addition to the remedies set forth in subsection (A) of this section, if that employee knowingly, maliciously or recklessly files a false complaint or gives false information or false testimony in a proceeding or investigation connected with an alleged violation of the standards contained in this chapter. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.140), 1995)

2.36.220 Reasonable costs and attorney’s fee.

If a public official successfully defends a complaint or an accusation, after a public hearing, and the assembly, upon advice from the hearing officer, finds that the accusation lacks substantial merit, then the public official shall be entitled to reasonable costs and attorney’s fees from the borough. It is the intent of this chapter that the borough shall not be liable for such costs and fees levied by the school board, nor that the Northwest Arctic Borough school district shall be liable for such costs and fees levied by the assembly. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.150), 1995)

2.36.230 Voidable contracts.

Any contract entered into in violation of the standards contained in this chapter is voidable. The mayor or the assembly may void any such borough contract at any time within one year of the discovery of the violation. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.160), 1995)

2.36.240 Civil penalties and payment of benefit.

The assembly may recommend that the borough initiate a civil action to impose civil penalties not to exceed $300.00 for a violation of the standards contained in this chapter. The penalty imposed under this section is in addition to and not instead of any other penalty that may be imposed according to law. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.130), 1995)