The borough assembly acting as a body, the mayor, or any person or committee authorized by either of them shall have the power to inquire into the conduct of any office, department, officer, or employee of the municipality and to make investigations in municipal affairs and compel the production of books, papers, and other evidence with reasonable notice at a time mutually agreed upon. Failure to obey such orders to produce books or evidence shall constitute grounds for the immediate discharge of any officer or employee according to the personnel policies of the borough. All employees shall be governed by the policies and procedures developed and adopted by the assembly.
(Code 1989 § 12-1)
All elected officials, appointed officials, and permanent employees of the municipality shall, before entering upon the duties of the office, individually take an oath orally and in writing to honestly, faithfully and impartially perform and discharge the duties of his or her office and trust, which oath shall be filed with the borough clerk. The oath is provided in DBC § 2.05.040.
(Code 1989 § 12-2; Ord. 18-12 § 2)
Whenever an officer, appointed official, or employee leaves municipal office or employment for any reason, he or she shall promptly deliver to his or her successor in the office or to the mayor or borough clerk all borough property, including books, working papers, records, money, equipment, and effects, which are in his or her custody, possession, or control.
(Code 1989 § 12-3; Ord. 18-12 § 2)
Every department head shall make a monthly report to the mayor of the activities of the department for the preceding month and of activities for the upcoming month. The mayor, department head, or someone familiar with the activities of the department shall make a monthly report of activities by department to the assembly.
(Code 1989 § 12-4; Ord. 18-12 § 2)
Resignations of borough officers and appointed officials shall be made in writing and filed with the clerk, who shall immediately notify the mayor and assembly. Appointed employees shall follow the procedures of the Denali Borough personnel policies for resignation.
(Code 1989 § 12-5; Ord. 18-12 § 2)
A. 
Prohibitions.
1. 
No elected official, appointed officer or employee shall use their office or official position for the purpose of obtaining financial gain for themselves or their spouse, child, mother, father or business with which they are associated or own stock.
2. 
No elected official (except in the case of an assembly member where the presiding officer or assembly rule otherwise as provided in subsection C of this section), appointed municipal officer, or municipal employee shall participate in any official action in which they have a substantial financial interest. Prohibited participation includes voting as an assembly member, taking part in assembly debate, soliciting the vote of an assembly member, or encouraging any municipal official or officer to act in a certain way in regard to a subject.
3. 
No elected official, appointed municipal officer, or municipal employee may accept from any other elected official, appointed municipal officer, or municipal employee, or any other person money, gifts, promises of future benefits, or any other thing of value for performing any function or service that is a normal part of their duties or in exchange for voting or acting in any particular way on any matter that comes before them in the course of their duties. This subsection does not preclude any person from accepting any award or bonus authorized by the borough assembly to be given for meritorious service.
4. 
No elected official, appointed municipal officer, or municipal employee, and no other person, shall give or offer to give to any elected official, appointed municipal officer, or municipal employee money, gifts, promises of future benefits, or any other thing of value for performing any function or service that is a normal part of their duties or in exchange for voting or acting in any particular way on any matter that comes before them in the course of their duties. This subsection does not preclude any person from voting for or participating in granting any award or bonus authorized by the assembly to be given for meritorious service.
B. 
Financial Interests Which May Be Conflicts of Interest. The following is a list of examples of financial interests substantial enough that any assembly member, appointed officer, or municipal employee who comes under any of the categories listed below should not vote or act on any matter so affected. The categories below are not meant to be a complete listing of all possible conflicts of interest. Any instances not covered below should come before the assembly for a vote as the individual matters arise. An assembly member, appointed officer, or municipal employee should abstain from voting or refrain from acting if:
1. 
They (or a member of their immediate family) individually, jointly, or in partnership with another have an interest in land or buildings, other than their residence, that will be affected by the vote or action.
2. 
They (or a member of their immediate family) are party to or beneficiary of a contract for a sum of $1,000 or more that will be affected by the vote or action.
3. 
They (or a member of their immediate family) are individually, jointly, or in partnership with another the owner of a business, or have an interest in a business, of $1,000 or more that will be affected by the vote or action.
4. 
They (or a member of their immediate family) are a member(s) of a board of directors or governing body, or an officer of or hold a management position with, an organization that has financial dealings of $1,000 or more with the municipality that will be affected by their vote or action.
C. 
Conflicts of Interest and Disclosure – Borough Assembly Members.
1. 
Each assembly member shall disclose any financial interest they may have in any matter that comes before the assembly for a vote. If the member believes that the financial interest is substantial, they shall ask to be excused from voting on the matter.
2. 
The presiding officer shall rule on the request of an assembly member to be excused from voting on a matter in which the member has or believes they have a substantial financial interest. If the presiding officer is the member making the request, or has the same or a similar or related financial interest in the same matter, the assembly shall designate another assembly member who has no financial interest in the matter to rule on the request.
3. 
The decision of the presiding officer (or designated assembly member) on the member's request to be excused from voting may be overridden by a majority vote of the assembly. Neither the assembly member making the request nor any other assembly member who has disclosed a similar or related interest in the same matter may rule on any member's request to be excused from voting on the matter or vote on the question of overriding such a ruling.
4. 
If any resident of the municipality believes that an assembly member may have an undisclosed conflict of interest, the resident may request a confidential meeting with the presiding officer (or, in the event that a claimed potential conflict of interest involves the presiding officer, any other assembly member chosen by the resident requesting the meeting) and the assembly member who may have a conflict of interest. If, as a result of the confidential meeting, the assembly member with the potential conflict or the presiding officer decided that the financial interest must be disclosed to the assembly, the assembly member shall disclose the interest to the assembly as provided in subsection (C)(1) of this section.
5. 
An assembly member who has a substantial financial interest in a matter before the assembly, and who has been excused from voting on that matter, may not participate as an assembly member in the debate on this matter, although he or she may participate in discussion to the same extent as a member of the general public. If the matter is discussed by the assembly in executive session, the member shall be excluded during the executive session.
6. 
If a conflict of interest is discovered after an official action has been undertaken or completed, the municipal assembly may, by a majority vote, excluding the vote of any affected member, resolve to rescind the official action or to take any other remedial steps necessary.
D. 
Conflicts of Interest and Disclosure – Borough Officers and Employees.
1. 
Each municipal officer and employee shall disclose to the mayor or the municipal assembly any financial interest they may have in any matter that has come before the officer or employee for action in the course of their duties. If either the officer or employee making the disclosure, the mayor, or a majority of the members of the assembly conclude that the financial interest in question is substantial, then the officer or employee shall not act or participate in taking action on the matter.
2. 
Any resident of the municipality who thinks that a municipal officer or employee may have an undisclosed conflict of interest may request a confidential meeting with the mayor (or, in the event that a claimed potential conflict of interest involves the mayor, any other assembly member chosen by the resident requesting the meeting) and the officer or employee who may have a conflict of interest. If, as a result of the confidential meeting, the officer or employee with the potential conflict concludes that they should refrain from acting on the matter, or the mayor (or other chosen assembly member) directs the officer or employee to refrain from acting on the matter, all proceedings of the meeting with the resident and the mayor (or other chosen assembly member) will remain confidential. If neither the officer or employee nor the mayor (or other chosen assembly member) decides that the officer or employee must refrain from acting, the resident may request the assembly to consider the matter at its next regular meeting.
E. 
Violations.
1. 
Any assembly member, municipal officer, or municipal employee who violates this chapter by knowingly refusing to disclose a financial interest as required by this section may be suspended from the assembly or from their municipal office or employment. Such suspensions shall be for a period of up to 90 days, and shall be made upon a two-thirds majority vote of the assembly. Any assembly member, officer, or employee who is suspended for this reason more than once in any 12-month period may be discharged from the assembly or from their office or job. Such discharge shall be made upon a two-thirds majority vote of the assembly.
2. 
Any person who willfully violates any provision of subsection A of this section shall be guilty of an infraction.
3. 
Any municipal assembly member or appointed municipal officer who willfully violates any provision of subsection A of this section shall be deemed to have violated their oath of office and shall be subject to immediate discharge from the assembly or from office by a two-thirds vote of the assembly. Any willful violation of any provision of subsection B of this section by any municipal employee shall be cause for immediate dismissal from employment.
4. 
No assembly member may vote on any question of their own suspension or discharge.
All employees shall be governed by the policies and procedures developed and adopted by the assembly.
(Code 1989 § 12-6; Ord. 14-01 § 2)