According to the 11-page decision released to the public last week, Stark violated the inappropriate use of office title/position section of the code by sending a letter to 600 voters in an attempt to influence the October city council elections, and signing it “Doug Stark, Councilman.”
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 Novak.
Former city council member John Fenske filed an ethics complaint on Oct. 2. About 22 more people filed ethics complaints or urged the council to investigate Stark.
The resolution 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.”
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 states 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, according to the decision.
Ben Stuart can be reached at ben.stuart@ homernews.com.
Since Stark wrote the letter, and council member Dennis Novak was named in it, neither could vote on the resolution because of a conflict of interest. Council member Matt Shadle was absent from the meeting Monday as well, leaving the council one vote short of the four needed for a quorum and forcing them to postpone the vote until the regularly scheduled city council meeting on Monday.
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