A certified letter sent to Stark and the 25 people who filed ethics complaints spells out the hearing process. Complainants can make an opening statement, followed by a statement from Stark. Speakers will be administered an oath by the city clerk. The complainants and Stark can then present evidence. The complainants can rebut Stark’s evidence, and he can respond to their rebuttals. Each side makes a closing statement. The city council then deliberates and issues a written statement, though the statement might not be released Friday.
The complainants and Stark can cross-examine and council members can ask questions of witnesses. Formal rules of evidence don’t apply, but Mayor James Hornaday can limit repetitious or irrelevant evidence. The council’s deliberations may be closed. Anchorage attorney Louisiana Cutler has been hired to provide legal advice to the council.
The alleged ethics violation came out of a letter Stark wrote to about 600 voters before the Oct. 3 city election. Stark signed his name “Doug Stark, Councilman” to that letter and 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. Novak and Roberts were sworn in last week.
Former city council member John Fenske filed an ethics complaint on Oct. 2. Another 24 people filed ethics complaints 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.
An agenda is posted on the city clerk’s Web page at clerk.ci.homer.ak.us/spec.htm. Before the hearing is an opportunity for the public to comment upon matters already on the agenda. The public, city attorney, city clerk, city manager, mayor and city council members can also comment at the end of the meeting.
Michael Armstrong can be reached at michael.armstrong@homernews.com.
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