2.06.100 Penalties and remedies.
A. The board, upon a finding of a violation of Chapter 2.05 BMC, may singly or in combination:
1. Impose a civil fine of not more than five thousand dollars ($5,000);
2. Order divestiture, establishment of a blind trust, restitution or forfeiture;
3. Order the municipal employee or city official to stop engaging in any official action related to the violation;
4. Recommend that the supervisor take disciplinary action, including dismissal. In the event the ethics board recommends disciplinary action and the appointing authority disagrees with the recommendation, the appointing authority must provide a written explanation for the appointing authority’s action to the board within fourteen (14) days of the service of the board’s decision.
B. If the board determines that a former municipal employee or city official has violated Chapter 2.05 BMC, it shall issue a public statement of its findings, conclusions and recommendations. Additionally, it shall recommend the city seek all available recommended remedies.
C. Actions taken in violation of Chapter 2.05 BMC shall be treated as follows:
1. In addition to any other action provided by law, a city grant, contract, or lease entered into in violation of Chapter 2.05 BMC is voidable by the city. In determining whether to void a grant, contract or lease, the interest of third (3rd) parties who could be damaged may be taken into account. The city may give notice of intent to void a grant, contract or lease under this section no later than thirty (30) days after the board’s determination of a violation under this code.
2. Any city action taken in violation of Chapter 2.05 BMC is voidable, except that the interest of third (3rd) parties in the nature of the violation may be taken into account. The city may pursue any other available legal or equitable remedies.
D. Any municipal official that intentionally violates any provision of Chapter 2.05 BMC may be required to pay the city an additional civil penalty up to twice the amount that any person obtained as a result of the violation. This provision may be imposed in addition to any penalty imposed under subsection (A)(1) of this section.
E. A penalty imposed under this section is exclusive of and not instead of any other penalty that may be imposed according to law. To the extent that violations under this code are punishable in a criminal action, that section is in addition to the civil remedies in this code.
F. Any person that violates any provision of this code is liable in damages to the city for any losses or increased costs incurred by the city as a result of the violation.
G. A decision of the board is final. An appeal from a decision of the board may be appealed to the Superior Court per the Alaska Rules of Appellate Procedure. [Ord. 19-19 § 3, 2019.]