According to a notice sent out by the city clerk’s office, a new meeting has been scheduled for 10 a.m. Oct. 27 in the Homer City Hall Cowles Council Chambers.
Homer Mayor James Hornaday changed the meeting to accommodate the schedule of a new attorney hired by the city for the ethics investigation. Hornaday said city attorney Gordon Tans felt he had a conflict of interest because he works for the city council and in effect is an employee of Stark.
“Lawyers and judges are very tender on that issue,” said Hornaday, a retired judge and lawyer. “We’re supposed to avoid even the appearance of impropriety.”
Louisiana Cutler, a lawyer with the Anchorage law firm of Preston Gates and Ellis, is advising the council in the complaint of ethics violations by Stark. Cutler’s and the council’s schedules did not allow her to attend a Homer meeting until next Friday, Hornaday said. The extra week also would allow Cutler to research the issue further.
The clerk’s office sent out a notice Oct. 11 of the change in meeting time, but it was not received by the Homer News by press time for the Oct. 12 edition.
Stark signed his name “Doug Stark, Councilman” to a letter mailed to about 600 voters before the Oct. 3 city election. In that letter, Stark urged voters to support council candidates Val McLay and Bryan Zak. McLay and Zak lost the election to Francie Roberts and incumbent council member Dennis Novak.
Former city council member John Fenske filed an ethics complaint on Oct. 2. About 22 more people filed ethics complains or urged the council to investigate Stark. Fenske alleged Stark improperly used his title to influence voters, a violation of the Code of Ethics section of the council’s Operating Manual.
McLay, acting as mayor pro tempore, originally had requested a special meeting on Oct. 23. At its Oct. 9 meeting, the council set a meeting for 5:30 p.m. Oct. 16, which would have allowed McLay to remain on the council long enough to consider the complaint. Roberts and Novak will be sworn in at 7 p.m. Oct. 16. With the change of date for the special meeting, the new council will consider the ethics complaints.
“I’ve got mixed emotions,” McLay said. “It’s a tough deal. The whole thing is going to be tough. The only thing I can do is wish the council best.”
The meeting is open to the public, although the council may vote to go into executive session.
Michael Armstrong can be reached at michael.armstrong@homernews.com.
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