Chapter 2.25
OFFICERS AND EMPLOYEES
Sections:
2.25.050 Conflict of interest.
2.25.010 Conduct in office.
The Council or the Mayor shall have power to inquire into the conduct of any office, department, officer, or employee of the City, make investigations into City affairs, and compel the production of books, papers, and other evidence. Failure to obey such orders to produce books or evidence shall constitute grounds for the immediate discharge of any officer or employee of the City. [Ord. 01-77 Ch. 10 § 1].
2.25.020 Oath of office.
Every officer of the City shall, before entering upon the duties of office, take an oath in writing to honestly, faithfully, and impartially perform and discharge the duties of his or her office. This oath is provided in SMC 2.05.040. [Ord. 01-77 Ch. 10 § 2].
2.25.030 Records open.
All records and account of every office and department of the City shall be open to inspection by any person, except that records and documents the disclosure of which would tend to defeat the lawful purpose for which they were intended may be withheld from inspection. Such records as are required by State law or ordinance to be kept confidential are not open to inspection. Each department head shall be held responsible for the safe-keeping of all public records under his or her responsibility. No public records, reports, correspondence, or other data relative to the business of any department shall be destroyed or removed permanently from the files without the knowledge and approval of the Clerk. [Ord. 01-77 Ch. 10 § 3].
2.25.040 Indemnification.
(a) It is the intent of the City of Saxman to encourage qualified public service by protecting certain elected and appointed officials from personal risk from some liabilities which may be incurred as a result of such service.
(b) The City of Saxman may defend and indemnify a current or former member of the Port Commission or City Council, including the Mayor, other appointed officials and employees of the City, against costs, expenses, judgments and liabilities, including attorneys’ fees, incurred by or imposed upon that person in connection with a civil or criminal action brought as a result of any act or omission by that person while he or she was acting on behalf of the City, in good faith and within the scope of official duties or powers.
(c) The indemnification provided under this section shall not exceed $750,000.
(d) The indemnification provided under this section shall not extend to punitive damages, or to any other liability which is incurred as a result of an act or omission which is intentionally wrongful, reckless, grossly negligent, willful or malicious.
(e) In defending a person covered by this section, the City may pay costs and attorneys’ fees as they become due, subject to a determination by the Council that such costs and attorneys’ fees are reasonable. [Ord. 03-86-008].
2.25.050 Conflict of interest.
(a) Conflict of Interest. The intent of this section is to establish that no person shall serve concurrently as an employee of the City of Saxman or Seaport and as a City Councilmember in any permanent employee status or as a temporary, part-time employee for a period to exceed six months in a calendar year.
(1) Pursuant to AS 29.20, Article 1, Conflict of Interest and Public Meetings, and AS 29.20.010, Conflict of interest:
(a) Each municipality shall adopt a conflict of interest ordinance that provides that:
(1) a member of the governing body shall declare a substantial financial interest the member has in an official action and ask to be excused from a vote on the matter;
(2) the presiding officer shall rule on a request by a member of the governing body to be excused from a vote;
(3) the decision of the presiding officer on a request by a member of the governing body to be excused from a vote may be overridden by the majority vote of the governing body; and
(4) a municipal employee or official, other than a member of the governing body, may not participate in an official action in which the employee or official has a substantial financial interest.
(b) If a municipality fails to adopt a conflict of interest ordinance by June 30, 1986, the provisions of this section are automatically applicable to and binding upon that municipality.
(c) This section applies to home rule and general law municipalities.
(b) Eligibility. Candidates for election shall have no outstanding debt with the City of Saxman or its subsidiaries. If there is outstanding debt the candidate will be immediately ineligible and will be removed as a potential candidate.
(c) Scope of Code.
(1) The City affirms that each municipal officer holds office as a public trust, and any effort to benefit a substantial personal interest or financial interest through official action is a violation of that trust. The public trust and this chapter do not prohibit an officer from following independent pursuits, so long as those pursuits do not interfere with the full and faithful discharge of an officer’s public duties. The City further recognizes that:
(A) Personal or financial interest in the matter is insignificant, or of a type that is possessed generally by the public or a large class of persons to which the municipal officer belongs;
(B) Action or influence would have an insignificant or conjectural effect on the matter; or
(C) Action consists of voting in favor of introduction of an ordinance.
(2) The City officers shall be guided by this section when issuing opinions and reaching decisions.
(d) Misuse of Office Position.
(1) A municipal officer may not use, or attempt to use, an official position to gain benefit, and may not intentionally secure for, or grant to, any person unwarranted benefits, treatment, or advantage.
(2) A municipal officer may not:
(A) Seek other employment or contracts through the use or attempted use of the powers of official position;
(B) Accept, receive, or solicit compensation for the performance of official duties or responsibilities from a person other than the municipality;
(C) Use municipal time, property, equipment, or other facilities with intent to secure a benefit;
(D) Attempt to affect a personal or financial interest through coercion of a subordinate; or
(E) Restrict or threaten to restrict a contractor’s eligibility or opportunity to contract with the City solely in order to secure an unwarranted advantage for the City or the officer.
(e) Gifts.
(1) No municipal officer shall directly or indirectly solicit or accept any gift to the officer’s benefit, whether in the form of money, service, loan, travel, entertainment, hospitality, promise, or otherwise, under circumstances in which it could reasonably be inferred that the gift is intended to influence the officer in the performance of the officer’s duties or constitutes a reward for any official action by the officer.
(2) Travel, even if intended to influence an officer, shall not be regarded as a gift to the officer’s benefit if:
(A) The benefits to the public resulting from the travel clearly outweigh the detriment caused by the absence of the officer;
(B) The nature and extent of the transportation and hospitality provided to the officer are economical, businesslike, and necessary;
(C) The officer is not eligible to take personal leave during the travel; and
(D) The officer submits a pre-travel request and post-travel report for approval by the body of which he or she is a member or, in the case of employees, the City Administrator.
(3) Any officer who accepts a gift having a value in excess of $50.00 shall report such gift to the City Council.
(f) Improper Use or Disclosure of Information. A municipal officer may not disclose or use information gained in the course of, or by reason of, the officer’s official duties for the purpose of affecting a personal or financial interest of the officer or the officer’s immediate family. This section does not apply to information concerning programs or services available to the public or to municipal employees generally.
(g) Improper Representation.
(1) A municipal officer may not represent, advise, or assist another person in any matter pending before the agency that the officer serves, if the representation, advice, or assistance is:
(A) For compensation, unless the representation, advice, assistance and compensation are required by statute, regulation, or court rule; or
(B) Without compensation, but rendered to affect a personal or financial interest of the municipal officer.
(2) This section does not prohibit activities related to collective bargaining. [Ord. 06-2010-34].
State law reference: Conflict of interest, AS 29.20.010; misuse of official position, AS 39.52.120.