Chapter 39.50. PUBLIC OFFICIAL FINANCIAL DIS CLOSURE

Sec. 39.50.0 10. Findings and purpose.

(a) It is declared by the people of the State of Alaska that the purposes of this chapter are

(I ) to discourage public officials from acting upon a private or business inte rest in theperformance of a public duty;

(2) to assure that public offic ials in their official acts are free of the influence of und isclosedprivate or business interests ;

(3) to deve lop public confiden ce in persons seeking or ho lding public offi ce, enh ance thedignity of the o ffices and make them attrac tive to citizens who are motivated to public service;and

(4) to develop accountability in government by permitting public access to info rmationnecessary to judge the credent ials and performance of those who seek and hold public office.

(b) The people of the State of Alaska declare that

( I) public office is a publi c trust tha t shou ld be free from the danger of conflict of interest ;

(2) the public has a right to know of the financial and business interests of perso ns who seekor hold public office ;

(3) 0 compe lling state interest requires that candidates for office and office holders disclosetheir personal and business financial interests;

(4) reasonable disclosure requirements do not violate an individual's right to pri vacy whenthe individual seeks or holds public office and a compelling state interest in the disclosure exists;and

(5) reason able disclosure requirements do not have the effect of chilling the exercise of theright of a qua lified person to seek or hold public office .

Cha pte r 29 .08

:vrUXI CII'AL OFFICIAL FI :\AXCIAL DI SCLOS URE REQUIRE:\1E XTS

29 .08.010 F indin gs and purpos e.

Th e City and Borough of J uneau declares that

(1) Public office is a pu blic tru st tha t shou ld be free from the danger of conflict

of int erest;

(2) The public has a right 1.0 know of the fina ncial and business interests of

persons who seek or hold pubh c office;

(3) A compelling s ta te in terest req uu-es t hat cand ida tes Cor office a nd office

holders dis close their personal a nd business finan cia l inter ests;

(4) Reasonable disclosur e requiremen ts do not violate an mdividnul's righ t to

privacy when the individual seeks or holds pu blic office and a compelling

interest in the disc losure exists; and

(5) Reasona ble disclosure requ irements do not have the effect of chilling the

exercise of the right ora quali fied pcrsun to seek or hold public office.

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Sec. 39.50.020. Report of financial and business interests .

(a) A public official other tha n the governor or the lieut enan t governor shall file a statementg iving income sources and business interests, under oath and on penalty of perj ury, wi thin 30days after taki ng office as a pub lic official. Cand idates for state elect ive office othe r than acandidate who is subject to AS 24 .60 shan file the statement with the director of elec tions at thetime of fil ing a declaration of can didacy or a nominating petition or becom ing a candidate by anyother means. Candidates for elective mun icipal office sha ll file the statement at the tim e of filing

a nominating petition, decl aration of candidacy, or other required filing for the electivemunicipal office. Refu sal or failure to file within the time prescrib ed sha ll require that thecandidate's filing fees, if any. and filing for office be refused or that a previously accept ed filingfee be returned and the candidate's name remov ed from the filing records. A statement shall alsobe filed by public offi cials no later than March 15 in each follow ing yea r. On or before the 90thday after leaving office, a former publ ic official shall file a final statement covering any perioddur ing the official's serv ice in that office for which the public official has not already file d astatement. Persons who are members of boards or commissions not named in AS 39.50.200 (b)are not required to file financial statements.

(b) A publi c offic ial or former publi c official other than an elected or appointed muni cipalofficer shall file the stat ement with the Alaska Public Offi ces Commission. Cand idates for theoffice of governor and lieutenant governor and, if the candidate is not subjec t to AS 24 .60. thelegislature shall file the s tatement under AS 15.25.030 or 15.25. 180. Muni cipal office rs, formermun icipal officers, and candidates for elective municipal office, shall file with the muni cipalclerk or other munici pal officia l designated to receive their fil ing for office. All statementsrequired to be filed und er this chapter are public records.

29.08.02.0 Re port o f finan cia l an d b u s in e ss interes ts.

I . , . .r suuii flil' r. ::> ~ .a \' l:llll. n t :oil ' I \ \ I ll :;tal .\ lllU11 1C l pal lJ nl C(~r , a::. n ui m c tt m I..IIJ;" ,.••;" !h L: . .

. d a th a nd on pe nalty of pe rjury.income sour ces and business in teres ts . un cr 0 .

. f li t' "Iomi nat ing putiuon .Can did ates shall file t he statement a t the u rne 0 J IIlg a 1

dcclarauon of candidacy, 01' oth er required film g for t he elect ive murucipal office.

Refusa l or fa ilure to file within t he tunc prescribed shall require tha t the ca ndlclnle's

h . , us lv accepted fihn"" feefili ng fees. iran)', a nd fili n g for o ffice he re fused or t a t n jJI C\ lO • to

d r th filing records '\ ppointcdhe returned and th e ca ndidate's na me remove rom C . ' .

municipa l officials sha ll file withiu Su day s of taking office as a mun icipal officer. An

.. I ill . . no later than March 15 inan nu al st.at~ment sha ll also be filed by muructp a 0 seers •

each year.

(h) Mun icipal officers and candida tes for elective mu nicipa l office shall file with

.. d to be filed under th is chapter a re pub lic record s.th e Clerk. All statements requu e .

e:

Sec . 39.50 .030. Contents of statements.

(a) Each stateme nt mus t be an accurate representation of the financial affairs of the publ icoffic ial or candidat e and must contain the same information for each member of the person'sfamily. as specified in (b) and (d) of this section. to the extent that it is ascertainable by thepublic official or cand idate.

(b) Each statement filed by a public official 01' cand idate under this chapter must include thefollowing:

(1) for all sources of income over $ 1,000 during the precedin g cale ndar year, includingtaxable capital gains. and for all gifts from a single source with a cumulative value exceeding$250 in a calendar year, received by the person, the person's spouse or domestic partner , or theperson's dependent child.

(A) each source ofthe income or gift;

(B) the recip ient of the income or gift ;

(C) the amount of the income or value of the gift;

(D) a brief statement describing whe ther the incom e was earned by commiss ion. by the job.by the hour, or by some other method;

(E) the app roximate number or hours worked to earn the income; and

(F) unless required by law to be kept confidential, a descrip tion su fficient to make clear to aperson of ordinary understanding the nature of each service performed and the da te the servicewas performed;

(2) the identity, by name and address, of each business in which the person, the per son'sspouse or domestic partner, or the person's dependent child has an interes t or was a s tockholder,owner, offi cer, director, partn er, proprietor, or emplo yee during the preceding ca lendar year,except that an interest of less than SI ,ODDin the stock of a publicly traded corporation need notbe included;

(3) the identi ty and natu re of each interest in real property, including an opt ion to buy.owned at any time during the preceding calendar year by the person, the person's spouse ordomestic partner, or the person's depe ndent child;

29.08.030 Co nte n ts of s tatements.

(tt ) Each statemen t must he a n accura te rep reso ntuu on of t he Ima nciu l a ffai rs uf

the mun icipa l office r (I t' ca nd ida te a nd must con ta in th e III fen-rna Lion specified 111 (h ) of

th is sect ion, to t he extent th a t it is a scertain abl e hy t he mu r ucrpul officer 01 ' ca ndi date

for the perso n, t he person 's spouse or domestic pa rtner , a nd the person's de pendant

chi ld.

(h) Eac h st .atcmc nt filed hy a municipal officer OJ' cnndidn te under t his chap ter

must includ e the following:

0) The sou rce of all income over ~ J ,non riuri ng t.hp preced ing cu lcud nr yeur

inuiuding ta xabl e u nri »o n ur xab h- cup nul gut ns . received by t he P (!!' SO Il . t he p r-rson's

spouse or domestic partne r , a nd the person 's dep endant child, except tha t a sou rce of

income that is a ~i[t must be included if t he va lue of the gift exceeds S2:')0:

(2) The ide nt ity , by na me a nd ad dr ess. of ea ch business in which th e person.

the person's spouse or domestic part ner, a nd t he person 's dependa nt ch ild had an

inte res t 01' was a stockholder , owner, officer, director, partner , proprietor. or e mployee

during the preceding ca lenda r year , except that a n in teres t of less t ha n 5 1,000 in the

stock of a pu blicly traded corporation need not be included ;

(3) The ide nt ity and nature of ea ch interest in rea l property, including a n

option to buy, ow ne d at a ny time dunng the preceding:ca lendar yea r by the pe rson, the

person's spou se or dome stic partner. a nd the person 's dependa nt ch ild;

3

(4) the identity of each trust or other fiduciary relationship in which the person, the person 'sspouse or domes tic partne r, or the person's dependen t child held a beneficial interest exceeding$1,000 during the preceding calendar year, a description and identifica tion of the properlycontained in each trust or relation, and the nature and extent of the bene ficial interest in it;

(5) an y loan or loan guarantee of more than $ 1,000 made to the person, the person's spou seor domestic partner, or the person's dependent ch ild, and the identity of the ma ker ofthe loan orloan guarantor and the identity of each creditor to whom the person, the perso n's spouse ordomestic partner, or the person's dependent child owed more than $1,000; this paragraph req uiresdisclosure of a loan, loan guarantee , or indebtedness only if the loan or guarantee was made, orthe inde btedness incurred. during the preced ing calendar year. or if the amo unt still owing on theloan. loan guarantee. or indebtedness was more than $1,000 at any time during the precedingcalendar year;

(6) a list of all contracts and offers to contract wi th the stat e or an ins trumentality of the sta tedur ing the preceding calendar year held, bid, or offered by the person , the person's spouse ordomestic partn er, or the person's dependent child, a partnership, limited liab ility compan y, orprofessiona l corporation ofwhich the person is a member, or a corpo ration in whic h the perso nor the person's spouse, domestic partn er, or dependent child, or a combination of them, hold acontro lling interest; and

(7) a list of all mine ra l, timb er, oil, or any other natural resource lease he ld, or lease offermade, durin g the preceding cal endar yea r by the person, the person's spouse or domesti c pa rtner,or the person's dependent child, a partnership, limited liabil ity company, or professionalco rporation of which the person is a member, or a corporation in which the person or the person'sspouse, domesti c partner, or dependent child, or a co mbinatio n of them, holds a contro llinginteres t.

('0 The ident ity of ea ch trust or othe r fid ucia ry re lation in which the person.

the pe rson 's spouse or domes tic pa rtner , a nd the person's dependant child held 3.

be neficia l interes t.exceeding Sl ,OOO durin g t he preceding ca lendar year. a descri ption

and ide ntifica tion of the proper ty contained in each trus t or relation, and t he nature

and extent of the beneficial interes t in it:

(5) Any Joa n or loa n gua ra ntee of more th an S l.OOO mad e to the person, t he

person's spouse or domest ic partner. and the person's depen dan t child , and the identity

of th e maker of the loan or loan guarantor unci the iden ti ty of' oach creditor to wh om the

pe r-sou, the person 's spou se or domest ic pa rtn e r. a nd th e person's de pe nda nt child owed

more tha n SLOOO: t his pa rag ra ph requires d isclosure of a loa n, loa n gu a ra ntee , 01'

indebtedness only if the loa n or guarantee was made, or the ind eb te dn ess incurred .

d urr ng LHe pre cerlm g cale nd ar yea r. or .1 iiu- u m o un t st il! vwm g on the iva n. lua u

guaran tee , or indebted ness was more th an SI,O OO a t any time dur ing- t he preced ing

ca lenda r year:

(G) i\ list of all con tra cts an d offe rs (.0 con tract with th e City a nd Borou gh

(includ ing the School Dist r ict , hospita l. or oth er CBJ entity ) duri ng the preceding

ca lenda r year held, bid. 01" offered by th e pers on, the person's sp ouse or do mestic

par tner. a nd t he person's dependant child, n pa rtnership 01' professional corporat ion of

wh ich th e per son is a member, or a corpora tio n in wh ich the person, the pe rs on's spouse

or dom estic partner, and the person's dependant chi ld , or a combination of t hem. hold

!1 cont rolling interest: a nd

(7) A lis t of all mi neral, t im ber, oil, or any other nat ura l resource lease held.

or lease offer ma de, during the preced ing cale ndar year by th e person, the person's

spouse or domestic pa rtner, and the person's dependa nt child, a partn ership or

professional corpora tion of which th e person is a member. or a ccrporu t ion in wh ich th e

I " l l" C 0 1' do mest.ic pa rtne r and th e pe rson's de penda nt chi ld. 0 ]'person, L Ie person s spa .:> • • •

a combina t ion of the m, holds a control ling in terest .

(d) In addition to the requirements of (b) of this section, each statement filed under thischapter by a public official in the exe cutive branch of stale gov ernment othe r than the chair or amemb er of a s tate co mmission or board must include a disclosure of the forma tion ormaintenance of a close economic ass ociation involving a substantial financia l matter as requiredby this subsec tion. The disclosure must be sufficiently detailed so that a reader can ascertain thenat ure of the association. A public official shall disclose a clo se economic associ ation with

( I) a legislator;

(2) a public official who is not an elected or appointed municipal officer;

(3) a lobbyi st; or

(4) a publ ic offi cer if the person required to ma ke the disclo sure is the gov ernor or thelieutenant governor.

(e) If a pub lic offic ial requ ired to d isclose a clo se economic association unde r (d) of thissec tion forms a close economic association after the date on which the pub lic offi cial files thefinanci al disclosur e statement required by (a) of this section, di sclosure of the association mus tbe made to the commission with in 60 days after the formation of the association .

(I) When making a disclosure under (d) of this section concerning a rela tionship with alobbyist to whom the public official is married or who is the pub lic offi cial's domestic partner,the public offic ial shall also disclose the name and address of each employer of the lobb yist andthe total monetary value received from the lobbyist's employer. The public official shall reportchanges in the empl oyers of the spouse or domestic partner within 48 hours after the change. Inthis subsection, "em ployer of the lobbyis t" means the person from whom the lobbyist rece ivedmoney. or goods or services having a monetary value , for engaging in lobby ing on behalf of theperson.

(g) The requirements in this sec tion for disclosures related to a person's domestic partner donot apply to an elected or appointed municipal officer.

(h) In thi s section,

( I) "close economic association" means a financi al relationship that ex ists between a publicofficia l requi red to disclose a close economic assoc iation unde r (d) of this section and some otherperson or en tity, inc luding a re lationship where the public offic ial serves as a co nsultant oradvisor to, is a me mber or representative of, or has a financial interest in an association,partnership, limited liability co mpany, business, or corporation;

(2) "lobbyis t" has the meaning given in AS 24.60.990 (a);

(3) "public officer" has the meaning giv en in AS 39.52.960 .

s

S 39.50.035. Exemptions.ec.

A person subject to this chapter is not exempt from any of its provisions except La the extent statecourts de termine tha t legally privileged professional re lationships preclude comp lete compliance.

Sec. 39.50. 040. Blind trusts.

(a) A public official may transfer all or a portion of the officia l's assets to a blind trust forthe duration of service in public office. The original assets placed in the blind trust shall be listedby the official in a statement filed under this sec tion, together with a description of the actua l orpotential conflicts of interest, or appearance of conflict, that the official seeks to avo id by the useof the trust. A copy of the instrum ent creating the blind trust must be included with thestatement.

(b) For a blind trust to qua lify under this section, the following conditions must be me t:

(l ) the trust may not contain investments or asse ts in which the ownership right or interest isrequired to be recorded in a publi c office other than with the Alaska Pub lic Offic es Commission,or contain asse ts wit h permanency that makes transfer by the trustee improbab le or impract ical,including real estate, securi ty interests in personal property, mortgages, and interests in closelyheld businesses;

(2) the trustee shall be a bank, trust company, or other institutiona l fidu ciary;

(3) the trustee shall have full authority to manage the trust, including the purcha se, sale, andexchange of its asse ts in accordance with fiduciary principle s and, without exception under anycircumstances, notwithstanding this section, the prudent inv estment rule set out in AS 13.36 .230- 13.36.290;

(4 ) the trust inst rument shall contain a clear statement that its purpose is to remove from thesettlor con trol and knowledge of investment of trust assets so that conflicts betw een the settlor'sresponsibil ities and duties as a public official and the settlor's personal or financial interests willbe eliminated;

(5) during the tern, of the trust, a settlor or o ther beneficiary oflhe trust may notcommunicate with the trustee except in writing and only regarding (A) a requ est for adistribution in cash or another unspecified asset of the trust, (B) the general financialrequirements regarding distr ibutions from the trust as a whole, (C) direction to the trustee that,because a law, executive orde r, or regulation prohibits the settlor from holding an asset, the assetmay not be held by the tru st, (D) direction to the trustee to sell all of an asset init ially plac ed inthe trust because the settlor has determined the sale is necessary to avoid a conflict of interest,the appearance of impropriety, or an ethical violation; quarterly the trus tee may provide to thesettlor a written report of the aggregate market value of the trust's assets and property but maynot disclose to the settlor or other beneficiary of the trust, or any other in terested party, anyinfonnation about the identity and nature of any of the assets in the trust, and the trustee sha ll berequ ired to report any know n breach of this confidentiality;

29.08.040 Exe m ptio ns.

A perso n subject to this cha pter is not exempt from any of its p rovis ions excep t to

t he extent state courts determine- tha t legally pr ivi leged profesaionnl rela ti onships

preclude comple te compliance.

29 .08.050 Blin d tru sts.

(n.l A municipal officer may t ra nsfer a ll or a port ion of t he officer 's assets to H blind

t rust for tho durn tton of scrvux- In pu blic office . The un gmul assets placed 111 th e hlmd

tru s t sha ll be lis ted by the officia l in t he sta teme nt re qu ired to be filed under t his

chapt er. Th e inst rumen t crea t ing the blind trust mu st be included with t he statement.

(b) For u tru st t o qu a lify under this section:

. (1) Assets t ran sfe rred to the trust sh all be ma rke tab le;

(2) The t rus tee shall be a bank or other inst itu t ional fiduciary;

(3) The trus tee shall have fu ll author ity to manage the t rust , incl ud ing t he

p urc hase , sale, a nd exch a nge of its asset s in accordance with fiduciary

principles;

(4) Informa tio n re garding t he ide nt i ty and t he natu re of its a sse ts shall he

confide nt ia l fro m t he trustor for t he dur a t ion of t he trus t : a nd

(5) The trustee shall be req uired to repor t any known breach of confldentla h ty

or the tc rrriin ution of th e u-ust to the office where the tru stor is requu'cd

to file s tatements under th is cha pter.

(6) the trust shall terminate only upon order of the commission, the death or incompetenceof the settlor, the termination of the settlor's status as a public officia l, or revocation approved inadvance by the commission; the trustee shall be required to promp tly report any terminat ion ofthe trust to the commission;

(7) the trustee shall prepare the income tax return of the trust and may participate in theaudit of the trust's returns with authority to compromise a tax liability of the trust, but may notdisclose the return or information related to the return, except, promptly after the close of eachtaxable year of the trust, the trustee shall provide the settlor with an annual report summarizinginformation concerning the trust, including net income or loss, expenses, capital gains, andcapital losses of the trust, as necessary to enable the settlor to prepare and file tax returnsrequired by law; however, the summary may not directly or indirectly identify a security or otherproperty that is an asset or former asset of the trust;

(8) the trustee shall be direct ed to avoid knowingly making any investment in a corpora tion.business, or venture over which the settlor is likely to take act ion by virtue of the settlor's officialposition;

(9) for the duration ofthe trust, a seltlor or other beneficiary may not pledge, mortgage, orotherwise encumb er a person's interests in an asset that is part of the trust, the settlor may notretain control over the trustee, and the settlor is not permitted to make any recommendations orsuggestions as to the trust property;

(10) the trust instrument agreement must provide that the trustee will give the attorneygeneral or personnel board access to any records or informa tion related to the trust tlla~ isnecessary when inves tigating or hearing an accusation alleging a violation ofAS 39.52 ;

( I I ) the trustee shall report to the commission the beginning and ending value of the trust.and, if the comm ission requests, the trustee shall prepare under sea l a detailed descripti on oftransactions and holdings of the trust; the document prepared by the trustee under seal is notpublic information unless an accusalion under AS 39.52 relev ant to the blind trust is filed by theattome y general or the personne l board; and

(12) the trust may not become effective until the trust instru ment is submitted and approvedby the commission.

(c) A quarterly report of aggregate market value under this section may include, in additionto the aggregate market value of the trust's assets and property. the percentage of that aggregatemarket value attributab le to the settlor and each beneficiary, by name. Within 30 days afterreceipt from the trustee of the quarterly report of aggregate market value, the sett lor may,notwithstanding the limitations on a communication's subj ect under (b) of this section, provide awritten instruction to the trustee that, with respect to the trust as a whole and not a part icula rasset or property of the trust, the settlor prefers that the trustee adopt an inves tment approach thatis conservative. moderate. or aggressive.

(d) A person initiating a written communication under this sec tion shall cause a copy ofthecommunication to be filed with the commission within five days after the date of thecommunication.

(e) The trustee shall maintain and make available for inspection by the commission at thecommi ssion's request the trust's tax returns, books of account, and other records and. on or beforeMay 15 of each year, shall file with the commis sion a notarized document certifying compliancewith this section for the prec eding calendar year.

(f) Except as permitt ed by this section, the trustee shall make no accounting to the settlorunti l the date the trust terminates, and. following the termination , the trustee shall promptly makea full accounting to the settlor and tum over to the settlor all assets remaining in the trust attermi nation.

(g) The trustee may not at any time be held liable for an act or omission of the trustee or forany loss or depreciation of the value of an asset or property of the trust unless the trustee fails toexercise good faith, due diligence. and the ordinary skill. care, and judgment a prudent fiduciarywould exercise.

Sec. 39.50 .050 . Administration and inspection.

(a) The Alaska Public Offices Commission created under AS 15.13.020(a) shall admin isterthe pro visions of this chapter. Th e commission shall prepare and keep available for distributions tanda rdized forms on which the reports required by this chapter shall be filed. Th e commissionsha ll print the forms provided under this sec tion so that the front and back of each page have thesa me orientation wh en the page is rota ted on the vertical axis of the page . The comm ission shallrequire that the informa tion requ ired under this chapter be subm itted elec tronically but may,when circumstances warrant an exce ption, accept any information req uired unde r this chapterthat is typed in clear and legible black typeface or hand-printed in dark ink on paper in a formatapproved by the commission or on forms provided by the commission and that is filed with theco mmission. A municipal o ffic er for a municipality with a population of less than 15,000 shallsubmit information req uired und er this chapter either elect ronically or typed or hand-printed inthe ma nner described in thi s subsection.

(b) The comm ission sh all adopt regulations to implement and in terpret the provisions of thischap ter. Regu lations or interp retation shall be within the inten t and purpose of th is chapter andare subjec t to j udicia l review under AS 44.62 (Ad ministrative Proced ure Act).

(c) Reports filed under this chap ter shall be kept on file for at least six years and are publicreco rds.

Sec. 39.50 .055. Administrat ive complaints.

29.08.060 Ad mi n is t r a t io n and ins pec ti o n .

(a) The Cler k sh all ad minister t he provisions of t his cha pte r. The Clerk shalt

pre pare and keep availa ble for disu-ibuuon s ta nda rdized form s on whi ch t he repor ts

re qun-ed by this cha pte r shall be filed . The Clerk may reques t that t he informat ion

i required under th is chapter be su bmitted electronica lly hu t shall a ccept a ny

i nforma uou required u nd er this cha pte r t ha t is typed in clcm-a nd legibl e bla ck typeface

or hnn d-prm tcrl in durk ink all pa per in a forma t approved by th e Clerk or on forms

electronica lly.

(b) The Clerk may adop t regulations u nd er Cll.J ()I .GO to imp lement ann m terp ret

t he previsions uf th is cha pter.

(c) Repor ts filed under t his chap te r sh a ll be kep t 0 11 fi le for at least.s ix years and

a re pub lic records.

(a) ': person may file a written co mplaint alleging a violation of this chapte r has occ urred orIS occurring.

(b) Compl aints filed under (a) of this section must be filed within five years after the date ofthe alleged viol ation .

(c) If a member ofthe Alaska Public Offices Comm ission files a compl aint , that member ofthe commission may not participate in any proceeding of the commission relating to theco mpla int.

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Sec . 39.50. 060. Penalty for wil ful violation of disclosure requiremen ts.

(a) A person required to file a repor t of financial or bus iness interests unde r this chapter whorefuses or know ingly fails to disclo se required information within the time required in thischapter, or who provide s false or misleading informat ion , knowing it to be false or misleading , isguil ty ofa m isdem eanor and upon conviction is punishable by a fine of not less than $ 100 normore than $1.000, or by impri sonment for a period of not more than six months, or by both .

(b) Any person failing or refusing to comp ly with the requirements of this chapter, inaddi tion to the penaltie s presc ribed, shall forfeit nominat ion to office and may not be seated orinstall ed in office if the person has no t complied. Nom inated. hired. or appointed officia ls,commissio ners. chairs, or members of commissions or boards specified in AS 39.50.200 (b) maynot be confirmed by the legislature if compliance has not been made. In the case ofe lec tedofficials, the lieuten ant governor, or o ther certifying authority, ma y not certify a person'snomina tion for office or the pe rson's election to office if compliance was not made within thetime required . The nomin atio n to office or election to offi ce sha ll be certified to the highest votegetter for thai nomination for that offi ce or election to that offi ce who has complied within thetimes required and who sha ll be decl ared nominated or elected . For purposes of this subsec tion, aperson is cons idered to have complied within the time required if the person complies within 30days after the due date established by this chapter.

29. 08 .070 Pe na lty for will ful vi ola t ion o f disclosure req uireme n ts.

(a) A person required to file a report of finnnc ra] or busines s int.erests under t his

ch a pte r who refuses or k nowmgly fails to disclose req uired mform at ion within th e tun e

req uired in rlus cha pter. or who provides fa lse or misle adin g informa tion. knowing it

to be fals e or mis leading, is guil ty of a viola tion and upon convic tion IS punishable by

a fine of not less tha n S 100 nor more tha n S 1,000, notwithst a nding CBJ 0 I A O.OIO(h)(3) .

(h) Any person fail ing or refusing to comply with t he roqui remen t.sof t h ts chapter.

in addi t ton to the pena lti es prescribed . shall forfeit nomi nation to office a nd may not

be seated or installe d in office if t he person has not complied. A nominated . hired. or

appointed mumc ipa l officer may not be a ppo inted or rea ppointed by t he asse mbly if

complia nce has not bee n made . In th e case of ele cte d officials , t he Cler k. or other

cer-tifyinp au thor ity . may not ce r-tify a perso n's nomina tion for office Or t he perso n' s

ele ct ion to office ifcom ph a nce W IiS not made w ithi n th e tim e req ui red. The nomina tion

to office or elect ion to office shall be cert ified to t he h ighe s t vo te ge tter for t ha t

nomin a tion [0 1"that office or elect ion to t ha t office wh o has complied wit hin th e times

requ ired ann who sha ll be declarer! nominn ted 01" elcc t.od For Plll-P0~C:' ~ of t bi s

subsecti on. a perso n is cons idered to ha ve comp lied WIthin the t im e require d If the

person complies within 30 day s afte r t he due date es t ablished by thi s chapter .

Sec. 39.50.070. Failure to report by certain public officia ls.

A public official in the execu tive branch of state government, othe r than the governor orlieutenant governor or a chair or member of a state board or commission, who refuses or fails tofile a report of finan cial interests required under this chapter when due may not hold offi ce, andthe person's name may not be submitted to the legislature for confirmation, unti l the personcomplies. The person may not be confirmed, hired, or appointed, and the person forfeits and maynot be paid any salary, per diem, or travel expenses, until the person complies. If, afterinstallation in office or beginning employment in the position. the person refuses or fai ls to filethe requ ired statement when due, the person is guilty of a misdemeanor and upon conviction ispunishable by a fine of not less than $100 nor more than $1,000 and sha ll be removed fromoffice if compliance is not made within 30 days after the due date of the report.

Sec. 39.50.080. Fail ure to repor t by a com mission or board chairman or member.

A person hired or appointed as a commissioner, chairman or membe r of a state co mmissio n orboard specified in AS 39.50 .200 (b) who fails to file a repor t of financia l interests required underth l ~ chapter w~ell due may not hold office, and the person's name may not be submitted to thelegislature until the person compl ies. The person may not be continued, and the person forfeitsan~ may not be paid a?y .salary, per diem or travel expenses until the person com plies. If, afterbeing seated.as commIssIOner,. chairman or member of such a commission or boa rd the personrefuses or fails to file the required statement whe n due, the person is guilty of a misdemean or andupon conviction is punishable by a fine of not less than S IOOnor more than $1,000 and shall beremoved from office if compliance is not made within 30 days after the due date .

29.08.080. Failure to re po rt by certa in municipal officers.

A municipal office r who refus es or fai ls to file a report of fina nci a l int eres ts

re quired un der t his cha pter wh en du e may not hold office, and th e pe rson's name may

not be subm it ted to the assembly for a ppointment or rea ppoint ment , un til t he pe rson

comp lies . The person m ay not be confirmed, hired, OJ' ap pointed. and the person forfeits

and may not be paid a ny salary, per diem, or tra vel expenses, un t il the person complies .

If, after installation in office or beginning empl oyment in the position, th e person

refuses or fails to file the requ ired statement wh en due, th e person is guil ty of a

violation a nd upon convict ion is pun isha ble hy a fine of not les s t han S100 nor more

than Sl,OOO, notwith standing 01. 40.010(0)(3), and shall be removed from office if

compha nce IS not ma de with in 30 da ys afte r the due da le of the re port.

10

Sec. 39.50.090. Prohibited acts.

(a) A public officia l may not use the offi cial position or office for the pr imary purpose ofobtaining personal financial gain or financial gain for a spouse, dep endent child, mother, father,or business with which the official is associated or in which the offi cial owns stock. A publicoffi cial other than an elected or appointed municipal officia l may not use the official's posit ion oroffi ce for the primary purpose of obtaining financial gain for the offi cial's domestic partner.

(b) A person may not offer or pay to a public official, and a pub lic official may not sol icit orrec eive money for legislative advice or assistance, or for advice or ass istance given in the courseof the official's public employment or relating to the public employment. However, thisprohib ition does not app ly to a chair or member of a state commiss ion or board or municipalofficer if the subject matter of the legislative advice or assistance is not related directly to thefu nction of the commission, board, or municipal body served by the muni cipal offi cer; thisex ception from the genera l prohibition does not apply to one whose service on a statecommission or board constitutes the person as a fuIl-time slate employee under this title .

(c) A public official may not represent a cl ient before a state age ncy for 3 fee. Howe ver, thrsprohibi tion does not apply to a municipal officer , or chairma n or me mber of a state commissionor board except with regard to representation before that commission or board; this exceptionfrom the general prohibition does not apply to one whose service on the commi ssion or boardconstitutes the person as a full-time state employee under this title.

(d) A municipal officer may not represent a client for a fee be fore the munic ipal body theofficer serves.

01.45.010 Misuse of official position.

(a) A municipal officer may not use, or attemptto use, an official position in order to gain abenefit , and may not intentionally secure for, orgrant to , any person unwarranted benefi ts , treat­ment or advantage.

(b) A municipal officer may not:

(1 ) Seek other employment or contractsthrough the use or attempt ed use of thepowers of official position;

(2) Accept, receive, or solicit compensationfor the performance of official duties orresponsibilities from a person other thanthe municipality;

(3) Us e municipal time, property, equipment,or other facilities with intent to secure abenefit;'

"

Take or withhold official action in ord er toaffect a matter in which the municipalofficer has a personal or fin ancial inter­est;

(5)

(4)

Attempt to affect a personal or financialinterest through coercion of a subordi­nate; or

(6) Restrict, or threaten to restrict acontractor's eligibility or opportunity t ocontract with the city solely in order tosecure an unwarranted advantage for thecity or the officer.

(c) An assemblymember, school board member,or member of any board or commission may notdeliberate or vote on any matter in which he orshe has a personal or financial interest.

(d) Violation of this section is a Class B misde­meanor.

(e) Violation ofthis section is a misdemeanor, punishable upon conviction by a fine of notless than $500 nor more than $2,000, by imprisonment up to one year, or by both .

(f) In this section, "public official" includes, in addition to the persons specified in AS39.50.200 (a). chairmen and members of all commissions and boards crea ted by statute orad ministra tive action as agencies of the state.

01.45.040 Improper influence in municipalgrants, con tracts, lea se s , 01" loans.

(a) A municipal officer, or an immediate familymember, may not attempt to acquire receiveapply .for,. be a party to, or have a pe~sonal 0;financial mter est in a municipal grant, contract,lease, or loan. If th e municipal officer or anypers on supervIsed by the municipal officer maytake or withhold official action that affects theawa rd, execution , or administra tion ofthe munic­ipal grant, contract , lease, or loan.

(b) The prohibit ion in subsection (a) of th issection does not apply to a municipal grantcontract , or lease which is c6mpetit ively solicited 'unless the officer : '

0 ) Is employed by the agency awarding th egrant, contract, or lease, or is employed bythe agency for which the grant , contract,or lea se is Jet ; or

(2) Takes official action with r espect to theaward, execution, or administration ofthegrant, contract, or lease.

(c) The prohibition in subsection (a) of thissection does not apply to a municipal loan h eld bythe officer or an inImediate family member if:

0 ) The municipal officer does not take orwithhold official action that affects theaward, execut ion, or administration of theloan;

(2) The loan is generally available to mem­bers of the public; and

(3) The loan is subject to fixed eligibilitystandards.

(d) Notwithstanding the provisions of subsec­tion (b)(l) or (c)(U, an assembly member, schoolboard member, or memb er of any board or com­mission may have a personal or financial interestin a municipal grant, contra ct, lea se, or loanwhich is subj ect to action by the body on whichthe member serves, provided that the memberdoes not take or attempt to influence officialaction with respect to the award, execution, oradministration of the grant, contract, lease, orloan. As used in this section, "attempt to influ­ence" does not include submission of a written bidor application conforming to standard r equire­ments and available for public inspection andcopying prior to award whether or not award is tothe member. _ .__ .. ..

(e) A municipal officer shall report in writingto the City and Borough attorney a personal orfin ancial interest held by the officer in a munici­pal grant , contract,lease, or loan that is awar ded,executed, or administered by the agency the of­ficer serves.

(f) Violation of this section is a Class B misde­meanor.

01.45.050 Improper representation .(a) A municipal officer may not represent, ad­

vise, or assist another pers on in any matterpending before the agency that the officer serves,if the representation, advice, or assistance is:

(1) For compensation, unless the representa­tion , advice, assistance, and compensa ­tion are required by statut e, regulation,or court rule; or

(2) Without compensation, but rendered toaffect a personal or financial interest ofthe municipal officer.

(b) This section does not prohibit activitiesrelated to collective bargaining.

(c) Violation of this section is a Class B misde­meanor.

f{~

\29,08.090

Sec. 39 .50.100. Enforcement by private citizens.

(a) A qualified Alaska voter may bring a civil action to enforce any of the sections of thischapter.

(b) An action brought under (a) of this section must be brought within five years after thedate of the alleged violation.

Sec. 39.50 . I 10. Report of financial interests ofj udicial officers.

Sec. 39.50.120. Report offinancial interests ofleglskuors. [Repealed, Sec. 42 ell 127 SLA 1992].

Repealed or Renumbered

Sec. 39.50. 130. Report of financial interests ofgovemorand lieutenant gove rnor,

Sec. 39.50.135. Civil penalty: Late filing of required reports.

A person who fails to file a properly completed and certified report within the time requ ired bythis chapter is subject to a civil pena lty of not more than SI Oa day for each day the deli nquencycontinues as the commission determin es subject to appeal to the superior court . An affidavitstating facts in mitigation may be submi tted to the commission by a person against whom a civilpenalty is assessed. However, the imposition ofthe penalties prescribed in this section or in AS3950.060 - 39 .50. 130 does not excuse that person from filing reports requi red by this chapter.

Enfo rcement by private c it i 'l.cns. fI· . > ' 1V orthe secllOnS o

bri nt; a CiVllllCtwll to en orce a t ~i\ qualified ch lllca u vote r may

\ th is chapte r .

NA

29.08.100 Civil p ena lty: Late filing of requ ired r e port s.

A perso n who fails to file a prope rly completed an d certified report withi n th e ti me

required hv t his ch apter is subject to a civil penalty of S ID a clay for each day th e

delinquency contin ues. The pena lty may be deducted from a ny paymen ts clue.

I~

Sec. 39.50.200. Definitions.

(a) In this chapter,

(I) "assistan t to the gov ernor or the lieutenant governor" includes any executive, legislat ive,special, administrative, or pre ss assistan t to the governor or lieutenant governor, and any personsimil arly employed in a poli cy-mak ing position ;

(2) "child" includ es a biological child, an adop tive child, and a stepchild;

(3) "commission " mean s the Alaska Public Offices Comm iss ion created under AS 15.13.020(a);

(4) "domestic partner" means a person who is cohabiting wi th another person in arelationship that is like a marri age but that is not a legal marriage;

(5) "instrumenta lity of the state" means a state department or agency, whe ther in thelegislative, judicial, or executive branch, including the University of Alaska;

(6 ) "judicial offic er" means a person appointed as a justice to the supreme court or as ajudge to the court of appeals. superior court, district court, or magis trate court;

(7) "mother or fa ther" inc ludes a biolog ical parent, an adoptive parent, and a step-parent ;

(8) "municipal officer" inc ludes a borough or city mayor, boro ugh assemblyman, citycouncilman, school board member, elected utility board member, city or boro ugh manager ,members of a city or borough planning or zoni ng commission w ithin a home rule or general lawcity or borough, or a unified municipality ;

(9) "public officia l" means

(A) a judicial officer;

(B) the governor or the lieutenant govern or;

(C) a person hired or appoi nted in a department in the exec utive branch as

(i) the head or depu ty head of the departme nt;

29.08.110 Defini tio ns.

(a) [11 t ill!' chapter:

(2) "Cler k" means the: City a nd Borou gh of J uneau Clerk's office:

(3) "Mu nicipa l officer" includes t he borough ma nager, boro ugh may or,

boro ugh asscmulv mcmber. school board memb er, member!'> of th e borough

pla nnin g commiss ion: a nd

(II) "Source of income" mea ns the entity [or which service IS performed 01' th a t

is otherwise t he origin of pay ment; if t he perso n whose income is being

reported is employed by a no t he r. the employer is the source of income : bu t

if the pe rson is self-employed by mea ns of a sole prop rie tors hip,

pa r tnersh ip, professional corporation, or a corpora t ion in which the

person . th e person's spouse or domes tic partner, and th e person's

dependa nt chil d , or a combination of t hem . hold a cont roll ing' interest, t he

"source" IS the clie nt or customer of t he proprietorship . pa r tn er s hip . or

corporation. hut. if t he entity tha t is t he oriu iu ofpnyrne nt IS not the sa me

ns the clie nt or cu stomer for whom th e ser vice is performed , both a re

cons ide red t he so urce.

IJ

(ii) the director or deputy director of a division;

(iii) a special assistant to the head of the departm ent;

(iv) a person serving as the legislative liaison [or the department;

(D) an assistant to the gove rnor or the lieutenan t governor;

(E) the chair or a member of a slate commission or board;

(F) state investment office rs and the state com ptroller in the Department of Revenue;

(G) the chief procurement officer appointed under AS 36.30.0 10 ;

(H) the exec utive director of the Alaska Workforce Investment Board;

(I) each appointed or elected municipal officer; and

(J) the members of the board of trustees, the executive director. and the investment officersof the Ala ska Perman ent Fund Corporation;

(10) "source of income" means the entity for wh ich service is performed or tha t is otherwisethe origin of paymen t; if the person whose income is being reported is employed by another. theemployer is the source of income; but if the person is self-employed by me ans or a sa lepropri etorship, partnership. limited liability compa ny. professional corporation. or a corporationin which the person, the person's spouse or dome stic part ner, or the person's depe ndent children,or a combination of them, hold a controlling interest, the "source" is the client or cus tomer of thepropri etorship, partnersh ip, limited liability company, or corporation, but , if the entity that is theorigin of pay ment is not the same as the client or customer for whom the service is performed ,both are considered the source.

IJI