Chapter 2.05
GENERAL PROVISIONS
Sections:
2.05.010 Vesting of municipal power.
2.05.030 Documents and warrants.
2.05.060 Salaries of elected officials.
2.05.070 Conflicts of interest.
2.05.010 Vesting of municipal power.
Pursuant to this code and subject only to the limitations imposed by the Constitution and laws of the United States and the Constitution and laws of the state of Alaska, all powers of the city shall be vested in a city council consisting of six council members and one mayor. (Ord. O-93-6-6 § 1 (part), 1994)
2.05.020 City seal.
(a) The description of the seal of the city shall be a circle upon which shall be printed the words “City of Nome, State of Alaska” and “Inc. April 9th, 1901" and in the center of the circle there shall be a gold miner facing forward looking to the right and holding a shovel in his right hand and a gold pan in his left arm with the words “AVRO SVB” to the miner’s right and “NIVE-DITESCO” to the miner’s left.
(b) The seal described in the preceding subsection is hereby adopted and declared the corporate seal of the city, and the same shall be used to authenticate all acts of this municipal corporation.
(c) The seal of the city shall be kept by the city clerk and affixed by the city clerk to all acts requiring authentication. (Ord. O-94-6-1, 1994; Ord. O-93-6-6 § 1 (part), 1994)
2.05.030 Documents and warrants.
(a) All legal documents requiring the assent of the city shall be approved by the city council, signed by the mayor, attested by the city clerk and approved as to form by the city attorney.
(b) All warrants drawn against the city in payment of claims against the city shall not be valid unless signed by any two of the following three officers: the city manager, the city treasurer or the deputy treasurer. (Ord. O-93-6-6 § 1 (part), 1994)
2.05.040 Franchises.
The city may grant, renew or extend exclusive or nonexclusive franchises by ordinance in accordance with state law. (Ord. O-93-6-6 § 1 (part), 1994)
2.05.050 Oath of office.
(a) Before taking office, every elected official and officer of the city shall affirm in writing that the duties of the office will be honestly, faithfully and impartially performed by that official. The oath shall be filed with the city clerk.
(b) In addition to the above oath, school board members shall take and shall sign the following oath or affirmation before taking office: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alaska and that I will honestly, faithfully, and impartially discharge my duties as a school board member to the best of my ability.” (Ord. O-93-6-6 § 1 (part), 1994)
2.05.060 Salaries of elected officials.
The salary of the mayor, council members and other elected officials shall be fixed by ordinance. Per diem payments or reimbursements for expenses are not compensation under this section. (Ord. O-93-6-6 § 1 (part), 1994)
2.05.070 Conflicts of interest.
(a) A municipal employee or official shall make a written declaration as provided in subsection (b) of this section when the municipal employee or official is or may become involved in an official action which:
(1) May involve significant financial gain for the municipal employee or official or for a member of his or her family to the third degree of consanguinity by birth or marriage; or
(2) May involve a breach of a public trust obligation or the appearance of such a breach; and:
(A) May involve an entity in which the municipal employee or official has a controlling interest,
(B) May involve an entity in which the municipal employee or official is a director, officer, manager or holder of any other position with significant ability to influence policies of that entity, or
(C) May involve a person or entity which the municipal employee or official represents or has represented in any capacity for remuneration with the immediately preceding one year, or
(D) May involve an entity of which the municipal employee or official is an employee, member, or representative.
(b) The declaration required by this section shall be filed with the presiding officer as described in subsection (c) of this section and shall describe with particularity:
(1) The official action, including the scope of the discretion vested in the municipal employee or official;
(2) The identity of the person or entity involved in the official action;
(3) The relationship of the municipal employee or official to the person or entity involved in the official action;
(4) The potential benefit or detriment to the municipal employee or official or to a member of his or her family as identified in subsection (a)(1) of this section or to the person or entity described in subsection (a)(2) of this section arising from or potentially arising from the official action;
(5) A description or explanation of the potential breach of a public trust obligation or the potential appearance of such a breach.
(c) A ruling on whether an employee or official may participate in an official action shall be issued promptly by the presiding officer:
(1) Of the Nome joint utility board in the case of an employee or official of a public utility managed or administered primarily by the Nome joint utility board, provided however that the decision of the presiding officer may be overridden by a majority vote of the Nome joint utility board;
(2) Of the Nome city school board in the case of an employee or official of the Nome city school district, provided however that the decision of the presiding officer may be overridden by a majority vote of the Nome city school board; and
(3) Of the Nome city council in the case of all other municipal employees or officials, provided however that the decision of the presiding officer may be overridden by a majority vote of the city council.
(d) The following factors shall be considered in making a ruling on a declaration filed pursuant to this section:
(1) The potential for an appearance of impropriety;
(2) The scope of the discretion vested in the municipal employee or official;
(3) The harm caused to the public interest by removal of the municipal employee or official from participation in the official action;
(4) Whether the participation in the official action of the municipal employee or official would create a violation of AS 39.50.
(e) Notwithstanding any other provision of this section, a municipal employee or official shall not participate in any official action in which that employee or official has a substantial financial interest, provided however that a city council member may participate in a matter if the ruling on the declaration filed pursuant to subsections (a) and (b) of this section determines that the city council member shall vote on the matter.
(f) “Municipal employee or official” as used in this section shall include all classified and exempt personnel and all elected and appointed officials of all branches and dimensions of the city. (Ord. O-93-6-6 § 1 (part), 1994)
2.05.080 Open records.
(a) All records and files of the city shall be open to inspection by the public at the city hall during reasonable business hours, except personnel records, sales tax records, restricted police and public safety records, records pertaining to pending litigation, and other records required by law to remain confidential or restricted.
(b) Any employee who violates this section shall reimburse the city for any loss it suffers as a result of the violation. (Ord. O-93-6-6 § 1 (part), 1994)