As used in this chapter, the following terms shall have the following meanings unless the context requires otherwise:
A. 
"Household member"
means any person whose primary residence is in the same home, apartment unit, condominium, mobile home, or other living unit as the primary residence of the office holder.
B. 
"Immediate family"
means a husband or wife, any dependant natural or adoptive parents, any dependent children, whether natural or adopted, and any dependent stepchildren.
C. 
"Substantial financial interest"
means:
1. 
Any interest from which the owner received or will receive more than two thousand five hundred dollars per year;
2. 
Any interest received directly or indirectly where the affected office holder possesses or will acquire an ownership interest of two percent or more of a corporation, partnership, firm, enterprise, franchise, organization, holding company, joint stock company, receivership, trust, or any legal entity operated for profit.
Provided, however, that a "substantial financial interest" does not include:
1.
Any ownership interest purchased at fair market value or received by inheritance or less than two percent of the shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the value of or dividends of such shares, if such shares are registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended;
2.
The authorized compensation paid to an office holder for performance of official audits;
3.
Any economic benefit provided equally to all or a substantial number of residence of the Borough;
4.
A time or demand deposit in a financial institution; and
5.
An endowment or insurance policy or annuity contract purchased from an insurance company.
(Ord. 93-14 § 1, 1993)
A. 
An assemblyman, school board member or mayor may not participate in any official action in which he, a household member, or a member of his immediate family has a substantial financial interest unless after disclosure of the interest his participation is approved by a majority of the body which is taking the official action. This prohibition shall be implemented in the manner provided by law, including provision for public disclosure of substantial financial interests of assemblymen, mayor, school board members and members of regulatory, appellate and quasi-judicial boards and commissions.
B. 
The assembly by ordinance shall adopt procedures dealing with conflict of interest on the part of municipal employees.
(Ord. 78-11 § 1 (part), 1978; Ord. 93-14 § 2, 1993)
This chapter may be cited as the "Code of Ethics" and for purposes of this chapter as the "Code." The Code applies to all elected officials of the Bristol Bay Borough, all employees and appointed officers of the Bristol Bay Borough, and all paid or unpaid members of boards and commissions of the Bristol Bay Borough.
(Ord. 78-11 § 1 (part), 1978)
A. 
There is created a board of ethics with a total membership of five persons designated by seats numbered one through five, who shall serve staggered terms of three years each, and who shall be appointed by the mayor with the concurrence of a majority of the entire borough assembly. All members shall be residents of the Bristol Bay Borough.
Once appointed and confirmed, each member shall continue to serve until his or her successor has been appointed and confirmed, or until he or she has resigned or otherwise been removed from the board. The term of office for each member shall begin and end on January 1st, or as soon thereafter as action can be taken on the renewal or replacement of the member. Any vacancies shall be filled by appointment by the mayor, with the concurrence of a majority of the entire borough assembly. To establish the initial staggering of the terms of office, the mayor shall specify which appointee is to serve a two year term, and which appointee is to serve a three year term. The board shall choose its own chair by a majority vote.
For any matter to be set for Preliminary Investigation to come before the board for a full hearing or for any matter involving an advisory opinion, the board will be called.
B. 
A paid municipal official may not be a member of the board.
(Ord. 78-11 § 1(part), 1978; Ord. 93-14 § 3, 1993; Ord. 2025-02, 2/3/2025)
The powers and duties of the board of ethics are:
A. 
To establish administration rules and procedures for the conduct of its business, to conduct preliminary investigations, to make reports to the assembly, and to conduct such further hearings as provided for in Section 2.15.050;
B. 
To consider questions as to ethical conduct, conflicts of interest and the application of ethical standards set forth in this code, and upon the written request of any municipal officer or employee, or without such request if in the public interest, to issue its advisory opinion in writing as to any such question;
C. 
To make recommendations to the assembly for amendments to this Code and for such other legislation affecting the subject matter of this Code as the board may deem necessary or desirable; and
D. 
To provide a continuing program of education, assistance and information to municipal officers and employees with regard to ethical conduct.
All officers, employees, departments and agencies of the Bristol Bay Borough shall make available to the board of ethics all books, papers, documents, information and assistance requested by the board and pertinent or material to any inquiry or investigation being conducted by the board in the performance of its duties under this Code.
(Ord. 78-11 § 1 (part), 1978)
Whenever a preliminary investigation has been made by the board of ethics in response to a written complaint, instructions from the administration or assembly, or on its own initiative, and a report of such investigation has been rendered to the assembly, then the assembly may authorize the board of ethics to conduct a formal hearing on the matter. In such event the board of ethics shall have the power to administer oaths and affirmations, examine witnesses and compel attendance of persons, and production of documents, papers, books, accounts, letters and records by subpoena. Any person summoned to appear before such board and give evidence shall have the right to be represented by counsel. Any person against whom a complaint of violation of ethical standards has been made or whose conduct is the subject of investigations by the board may demand and shall be entitled to a hearing which is open to the public.
(Ord. 78-11 § 1(part), 1978)
Whenever the board of ethics receives a complaint or a request for an investigation which includes allegations of unethical conduct against one or more persons, it shall provide notice of that fact to the person or persons against whom the allegations are made. The person or persons against whom the allegations are made shall thereafter be entitled to have access to the information against him or her, and to present countervailing information in support of his or her own position in the investigation.
(Ord. 93-14 § 4, 1993)
If the board of ethics determines that any appointed municipal officer or employee has violated the ethical standards set forth in this Code, the board shall deliver a copy of its written decision to the manager and assembly and such municipal officer or employee who has violated the ethical standards together with the board's recommendation for disciplinary action. In addition to any other penalty herein or otherwise provided by law, violation of such ethical standards by a nonelected officer or employee shall be cause for suspension, discharge or removal from office, or such other disciplinary action as the manager or assembly may determine.
(Ord. 78-11 § l(part), 1978)
If the board of ethics determines that an elected official or paid or unpaid member of a board or commission has violated the ethical standards set forth in this Code, the board shall deliver a copy of its written recommendations to the assembly. The assembly may take such action as it is empowered to do by law, including but not limited to removal from office and censure actions.
(Ord. 78-11 § l(part), 1978)
No municipal officer or employee shall intentionally engage in any act in conflict with the performance of his official duties. Among the acts and circumstances which shall be deemed to be in conflict with the performance of the official duties of an officer or employee are that such officer or employee:
A. 
Fails to disclose that he possesses, directly or indirectly, a substantial or controlling interest in any corporation, firm, association or enterprise doing business with the Bristol Bay Borough or School District in accordance with this Code;
B. 
Has a financial or other private interest in any legislation or other matter coming before the assembly or school board, and if an assemblyman or school board member fails to disclose such interest on the records of the assembly or school board or disqualify himself from voting on such matter by stating the nature and extent of such interest, or if an officer or employee participates in discussion with or gives an official opinion to the assembly or school board as to any matter and fails to disclose such interest on the records of the assembly or school board or as mayor vetoes such legislation;
C. 
Receives or acquires any financial interest in any sale to the Bristol Bay Borough or School District of any service or property with knowledge at the time of receiving or acquiring such interest that the Bristol Bay Borough or School District intends to purchase such property or service;
D. 
Accepts any retainer, gift or favor from any person, firm, corporation, association or enterprise having dealings with the Bristol Bay Borough or School District, with the knowledge that such retainer, gift or favor is given with intent to obtain special consideration as to any action by such officer or employee in his official capacity; provided, however, that any such officer or employee who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
E. 
Has a financial interest, whether personally or through immediate family or close relatives, in a firm, corporation, association or enterprise doing business with the Bristol Bay Borough or School District and influences or attempts to influence the selection of, or conduct of business with, such firm, corporation, association or enterprise by the Bristol Bay Borough or School District;
F. 
Engages in or accepts private employment or renders service for private industry or other governmental entities which is incompatible with the proper discharge of his official duties or impairs his independence of judgment or action in the performance of such official duties;
G. 
Appears in behalf of a private interest in any action or proceeding party; provided, that this subsection shall not apply to:
1. 
Persons receiving no compensation from the Bristol Bay Borough,
2. 
Any member of the assembly or school board appearing before governmental agencies on behalf of or as a representative of constituents in the course of his official duties or performing public or civic obligations without additional compensation therefore, or
3. 
Any officer or employee appearing on his own behalf or representing himself as to any matter in which he has a proprietary interest;
H. 
Requests or permits the use of borough-owned vehicles, equipment, materials or property for personal use or profit, unless such is available to the public generally; provided, that this subsection shall not apply to the use of borough-owned vehicles, equipment, materials, or property provided such officer or employee in accordance with borough policy for the conduct of official borough business;
I. 
Takes an active part in political campaigns during duty hours;
J. 
Discloses confidential information concerning the property, government, or affairs of the governmental body by which he is employed without proper legal authorization, or uses such information to advance the financial or other private interest of himself or others.
(Ord. 78-11 § 1 (part), 1978)
Every member of the assembly, school board, all salaried officers and employees appointed by the assembly or school board shall file with the board of ethics, within thirty days after falling within the jurisdiction of this chapter or adoption of this chapter and by January 1st of each year thereafter, a written statement under oath containing information as follows:
A. 
The names of each person, firm, association or enterprise doing business with the Bristol Bay Borough and/or School District from or on behalf of which such officer or employee has received money or other thing of value in an amount in excess of five hundred dollars during the preceding calendar year including campaign contributions;
B. 
The names of any corporations, firms, associations or enterprises doing business with the Bristol Bay Borough and/or School District in which such officer or employee has a direct financial interest in excess of one thousand five hundred dollars; provided, that policies of insurance and amounts on deposit in accounts in banks, savings and loan associations or credit unions shall not be considered to be a financial interest within the meaning of this subsection;
C. 
The names of any corporations, firms, associations or enterprises doing business with the Bristol Bay Borough and/or School District, both profit and nonprofit, in which such officer or employee or spouse of such officer or employee holds a position of officer or member of board of directors, and the title of each such position held.
(Ord. 78-11 § l(part), 1978)
Every member of any appointed board, commission or committee shall, upon assuming his duties, file with the board of ethics a statement in writing disclosing any direct or indirect interest in any firm, corporation, association or enterprise which, by reason of such membership on municipal board, committee or commission, benefits him/her in a manner different from that available to the public generally, and shall thereafter upon acquiring or becoming aware of any such interest file a similar statement with the board of ethics.
(Ord. 78-11 § l(part), 1978)
It is unlawful:
A. 
For any officer or employee designated in Section 2.15.090 to wilfully fail or refuse to file the written statement required by said section or to knowingly make any false statement of a material fact in any written statement so filed;
B. 
For anyone to maliciously file with the board of ethics a false charge of violation by any municipal officer or employee of the standards of ethics set forth in this Code; or
C. 
For any person duly summoned to attend as a witness before the board of ethics to fail or refuse, without lawful excuse, to attend pursuant to such summons, or to wilfully refuse to be sworn or to affirm or to answer any material or proper question, or to produce, upon reasonable notice, any material or proper documents, papers, books, accounts, letters or records in his possession or under his control, or having been duly sworn to tell the truth, to knowingly give false testimony as to any material matter.
Any person convicted of a violation of this section is guilty of an infraction, and is punishable by a fine not to exceed three hundred dollars.
(Ord. 78-11 § l(part), 1978; Ord. 84-2 § 1 (part), 1984)
Any official or employee may request an opinion from the board relating to any situation involving such official or employee which may give rise to the possibility of conflict of interest under this chapter. Such requests shall be in writing, shall set forth the pertinent facts and shall be signed by the official or employee making the request and shall, if requested by the officer or employee, be held in confidence and no disclosure thereof shall be made except as provided in this chapter.
(Ord. 78-11 § 1 (part), 1978)
Any contract between the borough and/or school board and another party shall be voidable or rescindable at the option of the assembly at any time within a period of one year from the date of execution of such contract, if any officer or employee of the municipality has any interest in such contract and does not disclose such interest in accordance with Section 2.15.090.
(Ord. 78-11 § 1 (part), 1978)
This chapter shall be liberally construed in favor of protecting the public's interest in full disclosure of conflicts of interest and promoting ethical standards of conduct for municipal employees and officials.
(Ord. 78-11 § l(part), 1978)
The invalidity of any section, subsection, provision, clause or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances.
(Ord. 78-11 § 1 (part), 1978)