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1.85.050 Refusal or failure to disclose.
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(a) If a candidate fails or refuses to file the statement required by KMC 1.85.010, his or her filing shall be refused or, if previously accepted, shall be returned and his or her name shall be withheld or removed from the filing records of candidates.

(b) A newly appointed or elected municipal officer failing or refusing to comply with the requirements of this chapter shall forfeit his or her elected or appointed position and shall not be seated or sworn to the office for which he or she was elected or appointed.

(c) A seated municipal officer who refuses or fails to submit a required statement, or to make a required disclosure of information in that statement as required in that statement, as provided in this chapter, by April 15th of each year that the office is held, shall be subject to a civil penalty of ten dollars ($10.00) per day for each day the delinquency continues up to a maximum penalty of one thousand dollars ($1000.00); subject to appeal to the Superior Court. Within five (5) business days of notification of any omission, an affidavit stating mitigating facts may be submitted to the City Council by the affected municipal officer for consideration by Council of a partial or complete reduction of civil penalties. Council may request further information from the affected officer if needed to make a fair determination. A City Council Member subject to the penalties may not participate in any decision regarding reduction or removal of such penalties. Notification of an omission must be provided as soon as reasonably possible and in no case later than May 15th.

(d) Any candidate or municipal officer who files a statement containing false or misleading information knowing it to be false or misleading, shall be guilty of a violation and upon conviction is punishable by a fine as provided for violations in KMC 13.05.010.

(e) The City Clerk or Attorney shall notify the Council and candidate or municipal officer in writing of any known violation of this chapter. The Council shall direct the City Attorney or Clerk to proceed with enforcement as provided by this chapter.

(Ords. 359, 1240, 2781-2014)

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