2.06.035 Public financial disclosure.
A. The borough assembly members, mayor, school board members, planning commissioners, and borough manager must annually file a financial disclosure statement listing each source of income over $5,000, including business interests, real property interests, and interests in trusts exceeding $5,000, natural resources leases, government contracts and leases, and loans, loan guarantees, and debts over $5,000. The borough clerk shall provide the forms.
B. When to File. By March 15th of each year, the annual financial disclosure statements must be filed. A newly appointed official must file a financial disclosure statement within 30 days of taking office. Each candidate for elected borough office, except an incumbent seeking reelection with a current disclosure statement on file, must file a financial disclosure statement at the time the candidate files for office. Refusal or failure of a candidate to file the required financial disclosure statement before the end of the time period for filing a declaration of candidacy shall cause the candidate’s declaration of candidacy to be rejected and the candidate disqualified. A person who fails to file a properly completed and certified financial disclosure statement within the time required by this section is subject to a civil penalty of $10.00 a day for each day the delinquency continues.
C. Penalties. Disclosure must be true, correct and complete and shall be signed under oath or affirmation, or certified to be true under penalty of perjury. A person required to file a financial disclosure statement under this section who refuses or knowingly fails to disclose required information within the time required in this chapter, or who provides false or misleading information, knowing it to be false or misleading, commits a minor offense punishable by a fine of not less than $100.00 nor more than $500.00. A municipal official or candidate for an office who refuses or fails to file a financial disclosure statement required under this section when due shall not hold office, and the person’s name shall not be submitted to the assembly for appointment or reappointment, until the person complies. The person may not be confirmed, hired, or appointed, and the person forfeits and may not be paid any salary, per diem, or travel expenses, until the person complies. If, after installation in office or beginning employment in the position, the person refuses or fails to file the required financial disclosure statement when due, the person commits a minor offense punishable by a fine of not less than $100.00 nor more than $500.00. Any citizen eligible to vote in Alaska may bring a civil action to enforce any of the provisions of this section.
D. The disclosures shall be filed with the borough clerk and shall be open to public inspection pursuant to a public records request. The disclosures will not be sent to the Alaska Public Offices Commission and shall not be posted on the Haines Borough’s website.
E. Each statement must be an accurate representation of the financial affairs of the filer and must contain the information specified in subsections (E)(1) through (7) of this section for the filer, the filer’s spouse or domestic partner, and the filer’s dependent children.
1. The source of income over $5,000 during the preceding calendar year, including taxable and nontaxable capital gains, received by the filer, the filer’s spouse or domestic partner, or the filer’s dependent child, except that gifts received from sources other than immediate family members must be included if the value of the gift, or series of gifts from the same donor, exceeds $250.00 during the preceding calendar year.
a. A borough official or candidate required to file a disclosure statement may, for any reason set out in AS 39.50.035, request an exemption from the requirement to report the name of an individual who was a source of income on a form provided by the borough clerk. The person requesting any exemption has the burden of proving each fact necessary to show that an exemption available under AS 39.50.035 is applicable. A written request for exemption must be submitted before the due date of any report or filing to which it relates. No later than 30 days after the clerk receives a written exemption request, the clerk shall send to the person requesting the exemption, at the address listed in the request, a decision granting or denying the request. If the clerk issues a decision denying the request, the decision must state the reasons and notify the person requesting the exemption of the right to appeal the staff decision to the assembly. If the person that requested the exemption does not file an appeal to the assembly within 30 days after the date the clerk’s decision is mailed or delivered to the person, the decision is final, and may not be appealed to the assembly at a later date.
2. The identity, by name and address, of each business which operates in the borough and in which the filer, the filer’s spouse or domestic partner, or the filer’s dependent child was an owner, owner of more than 30 percent of the stock, or an officer, director, partner, proprietor, or employee of such business during the preceding calendar year.
3. The identity and nature of each interest in real property in the Haines Borough, including an option to buy, owned at any time during the preceding calendar year by the filer, the filer’s spouse or domestic partner, or the filer’s dependent child.
4. The identity of each trust or other fiduciary relation in which the filer, the filer’s spouse or domestic partner, or the filer’s dependent child held a beneficial interest exceeding $5,000 during the preceding calendar year, a description and identification of the property contained in each trust or relation, and the nature and extent (percentage) of the beneficial interest in it.
5. A list of all mineral, timber, oil, or other natural resource leases held, bid, or offered in the Haines Borough during the preceding calendar year by the filer, the filer’s spouse or domestic partner, or the filer’s dependent child, a partnership or professional corporation of which the filer is a member, or a corporation in which the filer, the filer’s spouse or domestic partner, or the filer’s dependent child, or a combination of them, holds a controlling interest. Controlling interest means the filer and/or family members hold more than 50 percent.
6. A list of all contracts and offers to contract with the state of Alaska or with the Haines Borough (including the school district or other Haines Borough entity) during the preceding calendar year held, bid, or offered by the filer, the filer’s spouse or domestic partner, or the filer’s dependent child, a partnership or professional corporation of which the filer is a member, or a corporation in which the filer, the filer’s spouse or domestic partner, or the filer’s dependent child, or a combination of them, hold a controlling interest.
7. Any loan or loan guarantee of more than $5,000 made to the filer, the filer’s spouse or domestic partner, or the filer’s dependent child, and the identity of the maker of the loan or loan guarantor and the identity of each creditor to whom the filer, the filer’s spouse or domestic partner, or the filer’s dependent child owed more than $5,000. This subsection requires disclosure of a loan, loan guarantee, or indebtedness only if the loan or guarantee of more than $5,000 was made during the preceding calendar year, or if the amount still owing on the loan, loan guarantee, or indebtedness was more than $5,000 at any time during the preceding calendar year. Credit cards and revolving charge accounts are exempt from disclosure. (Ord. 17-10-481 § 4)