TO: Mayor Collins and Town Council Members
FROM: Kevin Burke, Town Manager
Duncan Miller, Town Clerk
DATE: December 1, 2016
DEPARTMENT: Town Manager
Staff Contact Duncan Miller, 480-348-3610
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AGENDA TITLE:
Title
Discussion of Financial Disclosure Requirements for Elected Officials
Body
SUMMARY STATEMENT:
In 1974, the Arizona Legislature enacted A.R.S. §38-541-545; Standards for Financial Disclosure. Section 38-545 states:
Notwithstanding the provisions of any law, charter or ordinance to the contrary, every incorporated city or town or county shall by ordinance, rule, resolution or regulation adopt standards of financial disclosure consistent with the provisions of this chapter applicable to local public officers.
The Town of Paradise Valley adopted the disclosure requirement by Ordinance Number 89 in 1974 and amended the ordinance in 1977 and 1983.
During the 2016 legislative session, H.B. 2429 amended the financial disclosure statement requirement for all candidates and public officers. In consequence, the Town must amend Article 2-7 of the Town Code to remain in compliance with state law.
There are three noteworthy changes:
1. The law no longer requires the specific names of the public officer’s spouse or children. Rather they may be identified as “Spouse” and “Minor Child 1, Minor Child 2”. Moreover, public officers may list either a home address or work address on the report.
2. A category was added that requires reporting of certain official business-related travel expenses of $1,000 or more, which when reported, are exempt as a “gift” under the law. The law also clarifies that political campaign-related travel expenses are not considered “gifts” as they are publicly reported in candidate campaign finance reports.
3. The Secretary of State must provide the option for public officers to complete and file Financial Disclosure Statements electronically. In the short term, a pdf fillable form has been created for public officers to complete and sign electronically. Furthermore, the forms no longer have to be notarized and may be submitted by email.
The new law and the Town’s ordinance will go into effect on December 31, 2016. The report for calendar year 2016 is due January 31, 2017.
As stated, the Town previously adopted the requirements by ordinance. It is recommended that the Town Council delete the specific form requirements from the Town Code and instead adopt a general code provision requiring local public officers to file a financial disclosure statement consistent with the provisions of state law. The actual form requirements will be adopted and updated by resolution.
Attached is Ordinance 2016-16 repealing and replacing Article 2-7 of the Town Code, Resolution 2016-24 adopting the new financial disclosure language with the amendments pursuant to HB 2429 in bold, and a strikethrough version comparing the new law and Article 2-7. The strikethrough version shows additional deletions of words and phrases clarifying that disclosures are limited to Paradise Valley. The deletions are necessary so that the forms are uniform for all cities and towns and make the conversion to an online form on the Secretary of State’s website possible.
ATTACHMENT(S):
1. Ordinance Number 2016-16
2. Resolution Number 2016-24
3. House Bill 2429
4. Strikethrough version
5. Financial Disclosure Statement Report Form
6. PowerPoint Presentation