This chapter is the code of ethics for personnel of the Denali Borough. It applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not, including those of any separate board, commission, committee, authority, corporation, or other instrumentality appointed or created by the borough. The words "municipal" and "borough" include these separate entities.
All elected and appointed officials of the borough, as well as all employees of the borough, are expected to conduct their services on behalf of the borough in accordance with the provisions of law, including, without limitation, the Denali Borough code of ethics set forth in this chapter. Failure to adhere to this code of ethics in the performance of one's duty may result in a borough personnel action against the person which may include counseling, admonition and/or discipline including but not limited to termination of employment or service.
(Ord. 18-03 § 2)
A. 
For purposes of this chapter, "personal interest" means:
1. 
Any financial, ownership, or employment interest in the subject of a vote by a municipal board not otherwise regulated by state statutes on conflicts of interests; or
2. 
Any financial, ownership, or employment interest in a matter to be regulated or supervised; or
3. 
Any such financial, ownership, or employment interest of the official's or employee's spouse, parent(s), stepparent(s), grandparent(s), sibling(s), child(ren), or stepchild(ren).
B. 
The words "employment interest" include a situation in which an official or employee or a designated family member is negotiating possible employment with a person or organization that is the subject of the vote or that is to be regulated or supervised.
C. 
In any situation in which a personal interest is also a conflict of interest under state law, the provisions of the state law take precedence over the provisions of this chapter.
(Ord. 18-03 § 2)
An official with the responsibility to vote on a measure shall disclose during the meeting at which the vote takes place, before the vote so it appears in the minutes, any personal interest that affects or that would lead a reasonable person to infer that it affects the official's vote on the measure. In addition, the official may request to recuse himself/herself from voting on the measure.
The presiding officer shall rule on the request to recuse from voting. If the presiding officer is the member making the recusal request, or has the same or a similar personal interest in the same matter, the assembly shall designate another assembly member who has no personal interest in the matter to rule on the request.
The decision of the presiding officer (or designated assembly member) on the member's request to recuse 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 recused from voting on the matter or vote on the question of overriding such a ruling.
If any resident of the municipality believes that an assembly member may have an undisclosed personal interest, the resident may request a confidential meeting with the presiding officer, any other assembly member and the assembly member who may have a personal interest. If, as a result of the confidential meeting, the assembly member with the personal interest or the presiding officer decided that the personal interest must be disclosed to the assembly, the assembly member shall disclose the personal interest to the assembly.
An assembly member who has a personal interest in a matter before the assembly, and who has been recused from voting on that matter, may not participate in the assembly 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.
If a personal interest is discovered after an official action has been undertaken or completed, the assembly may, by a majority vote, excluding the vote of any affected member, resolve to rescind the official action or take any other remedial steps necessary.
(Ord. 18-03 § 2)
An official or employee who must exercise discretion relative to any matter, other than casting a vote, and who has a personal interest in the matter that affects or that would lead a reasonable person to infer that it affects the exercise of the discretion, shall disclose, before the exercise of the discretion when possible, the interest on a form provided by and filed with the mayor or borough clerk. In addition, the official or employee may, to the extent allowed by law, charter, ordinance, or policy, recuse himself/herself from the exercise of discretion in the matter.
Any resident of the municipality who thinks that a municipal officer or employee may have an undisclosed personal interest may request a confidential meeting with the mayor or assembly member and the officer or employee who may have the personal interest. If, as a result of the confidential meeting, the officer or employee with the personal interest concludes that they should refrain from acting on the matter, or the mayor or 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 assembly member will remain confidential. If neither the officer or employee nor the mayor or 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.
(Ord. 18-03 § 2)
An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or other consideration or favor of any kind from anyone other than the borough:
A. 
For the performance of an act, or refraining from performance of an act, that the official or employee would be expected to perform, or refrain from performing, in the regular course of his duties; or
B. 
That might reasonably be interpreted as an attempt to influence the official's or employee's action, or reward the official or employee for past action, in executing municipal business.
(Ord. 18-03 § 2)
A. 
An official or employee may not disclose any information obtained in their official capacity or position of employment that is made confidential under state or federal law except as authorized by law.
B. 
An official or employee may not use or disclose information obtained in their official capacity or position of employment with the intent to result in personal financial gain or financial gain for any other person or entity.
(Ord. 18-03 § 2)
A. 
An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage.
B. 
An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to any private person or entity, except as authorized by legitimate contract or lease that is determined by the mayor and assembly to be in the best interests of the borough.
(Ord. 18-03 § 2)
A. 
An official or employee may not make or attempt to make private purchases, for cash or otherwise, in the name of the borough.
B. 
An official or employee may not use or attempt to use their position to secure any privilege or exemption that is not authorized by the charter, general law, ordinance or policy of the borough.
(Ord. 18-03 § 2)
A. 
A borough employee may not render services to benefit a personal or financial interest or engage in or accept outside employment if the outside employment or service is incompatible or in conflict with the discharge of official duties.
B. 
A borough employee engaging in outside employment with a potential for a conflict of interest shall report the potential conflict to the mayor or borough clerk.
(Ord. 18-03 § 2)
A. 
The borough clerk is designated as the ethics officer of the borough. In the absence or unavailability of the borough clerk, the mayor can fulfill the function of ethics officer.
B. 
The assembly is designated as the ethics commission of the borough.
C. 
Any person on their own initiative, believing there has been a violation of this chapter, may file a sworn complaint on a Denali Borough citizen complaint form with the ethics officer. The complaint must:
1. 
Identify the person or persons who allegedly committed the violation and/or the subject matter;
2. 
Provide a statement of the facts on which the complaint is based;
3. 
Identify the ethics provision or provisions allegedly violated; and
4. 
Identify sources of evidence, if any, that the complainant recommends should be considered by the ethics commission.
5. 
Sign and file the complaint form within 90 days of learning of the identified violation.
D. 
Except as otherwise provided in this subsection, the ethics officer shall investigate and gather information pertaining to any complaint against an appointed official or employee charging any violation of this chapter, or may undertake an investigation on his or her own initiative when acquiring information indicating a possible violation. The ethics officer may seek the services of the Denali Borough attorney, or of an individual or entity, if the ethics officer believes the complaint will require specific or specialized knowledge and training to investigate. If the ethics officer has or may have a conflict of interest to investigate the complaint, they can refer the complaint to the other ethics officer or they can forward the complaint to the ethics commission. In the event that the complaint is forwarded to the commission, the ethics officer must declare the conflict to the commission.
E. 
The interpretation that a reasonable person in the circumstances would apply shall be used in interpreting and enforcing this code of ethics.
F. 
When a violation of this code of ethics also constitutes a violation of a personnel policy rule or regulation, the violation shall be dealt with as a violation of the personnel policy rather than as a violation of this code of ethics.
G. 
The termination of a borough official's or employee's duties does not affect the jurisdiction of the assembly regarding alleged violations occurring prior to the termination of the official's or employee's official duties.
H. 
Confidentiality. No borough official or employee shall reveal information relating to the filing or processing of a complaint, except as required for the performance of official duties. Ex parte communications by or to members of the commission are prohibited by this chapter. All attorney work product and attorney-client papers and related communication of a complaint are confidential to the extent allowed by law.
I. 
Notification. The ethics officer shall promptly forward a copy of the complaint to the chair of the commission and to the person charged in the complaint. The person charged shall have the opportunity to submit a sworn statement, together with such other information he or she feels is relevant.
J. 
False Accusations and Responses. The ethics officer shall, in writing, advise the person filing the complaint that falsely accusing someone of a violation of this chapter may result in criminal prosecution of anyone who knowingly makes a false accusation. The ethics officer shall, in writing, advise the person charged in the complaint that falsely responding to a complaint may result in criminal prosecution of anyone who knowingly makes a false response.
(Ord. 18-03 § 2)
A. 
Preliminary Hearing.
1. 
Within 30 days after receipt of the complaint the commission members will make a preliminary finding in an open hearing about whether or not the complaint states a claim under this chapter and is supported by just cause. "Just cause" means such cause found to exist upon a reasonable inquiry that would induce a reasonably prudent person to believe that a person has committed an act or acts constituting an ethical violation under this chapter.
2. 
If the preliminary finding is that the complaint does not state a claim covered under this chapter or does not have just cause, based upon the statements and evidence submitted, the complaint must be dismissed. A determination that a complaint be dismissed can only be made upon the affirmative vote of the commission. Written notice of the dismissal must be sent to both the person who made the complaint and the person about whom the complaint was made. The reason or reasons for dismissal will be identified.
3. 
The chairperson may participate in discussions and voting on a complaint when it is being considered by the commission as a whole. The commission must always have a minimum of three members.
B. 
Evidentiary Hearing.
1. 
If a complaint is not summarily dismissed, it will be pursued further at a hearing before the ethics commission. Not less than 14 days before the hearing, the commission shall, by certified mail or personal service, give written notice of the hearing to both the person who made the complaint and the person about whom the complaint was made. They each shall have 10 days to respond.
2. 
The notice must state the specific provision or provisions of this chapter alleged in the complaint to have been violated, as determined by the preliminary hearing.
(Ord. 18-03 § 2)
A. 
Hearing on Complaints. The rules contained in this section apply to hearings of the ethics commission on complaints not summarily dismissed.
B. 
General Rules. A determination that a violation of this chapter has occurred can be made only upon an affirmative vote of the commission members present and voting; otherwise the complaint must be dismissed. A finding that a violation occurred must be supported by a preponderance of the evidence. "Preponderance of the evidence" means that there is a greater than 50 percent likelihood that the ethical violation described in the complaint did occur.
C. 
Procedural Rules. A quorum of three commission members must be present for a hearing. Any member of the commission who is not present at a hearing on a complaint may not participate in any discussion, voting, or disposition regarding the complaint. All witnesses must be sworn, and the members of the ethics commission or its legal counsel shall conduct questioning of witnesses.
D. 
Rights of the Person Charged. The person charged in the complaint has the right to attend the hearing, the right to make a statement, the right to present and cross-examine witnesses, and the right to be represented by legal counsel or another advisor.
E. 
Ex Parte Communications. It is a violation of this chapter for:
1. 
The complainant, the person charged in the complaint, or any person acting on their behalf to engage or attempt to engage, directly or indirectly, in any ex parte communication about the subject matter of a complaint with a member of the ethics commission; or
2. 
A member of the ethics commission to:
a. 
Knowingly entertain an ex parte communication prohibited by subsection (E)(1) of this section; or
b. 
Knowingly communicate, directly or indirectly, with any person, other than a member of the commission, its staff, or its legal counsel, about any issue of fact or law relating to the complaint.
F. 
Duty to Cooperate. All borough officials and employees shall cooperate with the ethics commission and shall supply requested testimony or evidence to assist the commission in carrying out its charge. Failure to abide by the obligations imposed by this section is a violation of this chapter.
(Ord. 18-03 § 2)
A. 
Written Decision. The ethics commission shall make all reasonable efforts to issue a written decision within 90 days after the preliminary hearing has established there has been a violation of this chapter. The commission shall state its findings in the written decision. The written decision must either:
1. 
Dismiss the complaint, with the grounds for dismissal set forth in the decision; or
2. 
Find that there has been a violation of this chapter and identify in the decision the particular provision or provisions violated.
B. 
Notification. Copies of the findings and decision shall be forwarded to the complainant, the person charged in the complaint, the borough attorney, and any member of the ethics commission who did not participate in the disposition of the complaint. A copy of the findings and decision shall also be forwarded to the borough clerk, who shall make it available to the public as authorized by law.
C. 
Similar Charges Barred. If the complaint is dismissed because the evidence failed to establish a violation of this chapter, the ethics commission shall not entertain any other similar complaint based on substantially the same evidence.
(Ord. 18-03 § 2)
A. 
Referral. If the ethics commission determines that a violation of the borough code of ethics has occurred, it shall deliver copies of the findings to the complainant, the person named in the complaint, and the borough attorney. Along with the findings, the commission shall set forth recommendations for prosecution, or other requirements that, when in voluntary compliance, would lead to a final determination of the complaint.
B. 
Sanctions.
1. 
If the commission determines that a violation has occurred, it may impose or recommend the following sanctions:
a. 
A letter of notification shall be the appropriate sanction when:
i. 
The violation is clearly unintentional; or
ii. 
When the official or employee's conduct named in the complaint was made in reliance on public written opinion of the borough attorney.
A letter of notification shall advise the official or employee to whom it is directed of any steps to be taken to avoid future violations. The commission may direct a letter of notification to any official or employee covered by this chapter.
b. 
A letter of admonition shall be the appropriate sanction in those cases in which the commission finds that the violation is minor and/or may have been unintentional, but calls for a more substantial response than a letter of notification. The commission may admonish any official or employee covered by this chapter.
c. 
A reprimand shall be the appropriate sanction when the commission finds that a violation has been committed intentionally or through disregard of this chapter. The commission may reprimand any official or employee covered by this chapter. A reprimand directed to a borough official shall also be sent to the borough assembly. A reprimand directed to an employee shall be sent to the mayor and the employee's supervisor and included in said employee's personnel file.
d. 
A recommendation of removal from office, or a recommendation of suspension from office as well as a recommendation for length of suspension, shall be the appropriate sanction when the commission finds that serious or repeated violation of this chapter has been committed intentionally or through culpable disregard of this chapter by an unsalaried borough official.
e. 
A recommendation of suspension from office for an unsalaried official or for a salaried official appointed by the mayor and borough assembly shall be transmitted to the borough assembly. The final authority to carry out such recommendations to remove from office or suspend from office and the length of suspension shall be with the borough assembly.
A recommendation of suspension of borough employees shall be directed from the commission to the mayor and the employee's supervisor. In such cases the final authority to carry out such recommendations to suspend from employment and the length of suspension shall be with the mayor and the employee's supervisor.
f. 
A letter of recommendation of recall shall be the appropriate sanction when the commission finds that serious or repeated violation of this chapter has been committed intentionally or through culpable disregard of this chapter by an elected borough official.
A letter of recommendation of recall directed to an elected official shall be transmitted to the borough clerk and shall be sent to the borough attorney.
(Ord. 18-03 § 2)
If the ethics commission determines that a person has violated this chapter, it shall direct the borough attorney or independent counsel to initiate whatever legal action is necessary including, but not limited to, injunctive relief.
(Ord. 18-03 § 2)
Any person who knowingly files a false sworn statement under this chapter is subject to criminal prosecution for perjury under the laws of the state of Alaska.
(Ord. 18-03 § 2)
An elected official or appointed member of a separate municipal board, commission, committee, authority, corporation, or other instrumentality who violates any provision of this chapter is subject to punishment as provided by the municipality's charter or other applicable law, and in addition is subject to censure by the mayor and assembly. An appointed official or an employee who violates any provision of this chapter is subject to disciplinary action.
(Ord. 18-03 § 2)