FY2008-11 Administration & Personnel;Borough Assembly;Declaring & Filling Vacancies;Rules of the Assembly - FAILEDThis was reconsidered and then adopted on
December 20, 2007. Due to procedural
error, the action was invalidated. Ordinance
No. FY2008 -12 was introduced on
December 27 and adopted on January 10.
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -11
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND
PERSONNEL CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16060 DECLARING AND
FILLING VACANCIES, AND CHAPTER 2.17 RULES OF THE ASSEMBLY SECTION
2.17.070C ORDINANCES, RESOLUTIONS, AND MOTIONS
WHEREAS, since 1990 the Asse
member's seat to be vacant; and
WHEREAS, it has b`e
to require the Assem
whether or not absenc
member missed regular)
WHEREAS, KIBC 2.16.060 A. 4. presently reads ollows:
The Assembly shall declare an assembly member's seat vacant
when the assembly member misses more than four (4) unexcused
consecutive regularly scheduled asp b eetings, or misses one-
half (1/2) of all regular assembly me of the assembly in a
six (6) month period, and
WHEREAS, this section of the borough code was last amen
Introduced by:
Requested by:
Drafted by:
Introduced:
Public Hearing:
Failed:
Borough Assembly
Borough Assembly
Borough Attorney
November 15, 2007
December 6, 2007
December 6, 2007
ay 1990; and
pl has not used this code section to declare any assembly
ht to the attention of the Assembly that this section could be read
todeclare an asst bly member's seat to be vacant, regardless of
were excused by�t *Assembly, and whether or not the assembly
eduled but' anceled meetings; and
WHEREAS, it is in the bes int erests of the Kodiak Island Borough to clarify and amend this
section to reflect the practices of the Assembly since 1990; and
WHEREAS, according to KIBC 01.110 A, the Assembly may expressly provide that the
amendment to KIBC 2.16.060 A.L extinguishes any penalty, forfeiture, liability incurred, or right
accruing under KIBC 2.16.060 A.4, as it read before this amendment; and
WHEREAS, it is in the best interests of the Kodiak Island Borough to make the amendment to
KIBC 2.16.060 A.4. retroactive to when it was last amended in May1990; and
WHEREAS, according to KIBC 1.01.110 A, the assembly has the right to make amendments of
any ordinance retroactive, but KIBC 2.17.070 C could be read to restrict the retroactive affect of
amendments; and
WHEREAS, it is in the best interests of the Kodiak Island Borough to amend KIBC 2.17.070 C
to make it consistent with KIBC 1.01.110 A; and
Kodiak Island Borough Ordinance FY2008 -11
Page 1 of 2
NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of
the Kodiak Island Borough Code of Ordinances.
Section 2: Title 2 Administration and Personnel Chapter 2.16 Borough Assembly, Section
2.16.060 Declaring and Filling Vacancies is amended to read:
2.16.060 Declaring and filling vacancies.
A. The assembly shall declare an assembly member's seat vacant when the assembly
member:
1. resigns and the assembly accepts the resignation;
2. is convicted of a felony or an offense involving a violation of the oath of office;
3. no longer physically resides inhe borough; or
4. (a) misses more than four (4y unexcused consecutive regularly scheduled
and actually held assembly meetings, or (b) without excuse. misses one -half
(1/2) of all regular meetings of the assembly (which includes all
scheduled meetings whether t reset figs were held, adjourned recessed
or canceled) in a six (6) month pe
Section 3: Title 2 Administration and Personnel Chapter 2.17 Rules of the Assembly,
Section 2.17.070 C Ordinances, Resolutions, and Motions Kodiak Island Borough Code Section
2.17.070 C is amended to read:
2.17.070 C Rules of. the Assembly
Section =4: This ordinance is retroactive to the effective date of Ordinance 90 -18.
Section 5:
ATTEST:
C. An ordinan*.
or, the ordin
C 1.01.1
The amendment of:KIBC Code 2.16.060 A.4. is specifically intended to and shall
release or extinguish any penalty, forfeiture, liability incurred by any assembly
person for absences from assembly meetings during the period from May1990
until the date of its adoption in 2007 except to the extent they may have violated
the ordinance as amended and clarified herein.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2007
Nova M. Javier, CMC, Borough Clerk
Kodiak Island Borough
ect upon adoption or at a later date specified in the ordinance,
retroa e affect if it is adopted under and References
KODIAK ISLAND BOROUGH
Jerome M. Selby, Borough Mayor
Ordinance FY2008 -11
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