According to the 11-page decision, Stark violated the inappropriate use of office title/position section of the code by signing a letter "Doug Stark, Councilman," that was sent to 600 voters and written to influence the city council elections.
Stark did not violate the political activities section of the code, however, as some complained at a special hearing dealing with this issue on Oct. 27, because that section only applies to appointed city officials, not elected ones, the decision reads.
The decision further reads that the council does not currently have the authority to remove Stark from office or to subject him to punishment because those penalties apply to violations of city code, not the Homer City Council Operating Manual where the Ethics Code resides.
The Ethics Code was adopted by resolution, and state statues require that any fine or penalty be imposed through ordinance. Therefore, the council cannot impose such penalties on Stark, the decision reads.
The resolution the council will consider Monday, condemns Stark for his actions, says he "failed to comply with (the ethics code's) spirit and intent," and encourages him to familiarize himself with the code and to "strictly adhere to the Code of Ethics in the future."
The special meeting is scheduled for 7 p.m. Monday at Cowles Council Chambers.
Ben Stuart can be reached at ben.stuart@homernews.com.
The council will consider a resolution Monday that would accept these findings and condemn Stark for his actions, but stop short of further punishment.
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