FY2008-12 Administration & Personnel;Borough Assy; Declaring & Filling VacanciesKODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -12
Introduced by: Assembly Member Branson
Requested by: Assembly Member Branson
Drafted by: Assembly Member Branson
Introduced: 01/03/2008
Public Hearing: 01/10/2008
Amended: 01/10/2008
Adopted: 01/10/2008
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 2.16.060 DECLARING AND FILLING VACANCIES
WHEREAS, KIBC 2.16.060 A. 4 presently reads as follows:
The Assembly shall declare an assembly member's seat vacant
when the assembly member misses more than four (4) unexcused
consecutive regularly scheduled assembly meetings, or misses one -
half (1/2) of all regular assembly meetings of the assembly in a
six (6) month period, and
WHEREAS, this section of the borough code was last amended in May 1990; and
WHEREAS, between 1990 and 2006, the Assembly had not used this code section to declare
any assembly member's seat to be vacant; and
WHEREAS, it has been brought to the attention of the Assembly that this section reads to
require the Assembly to declare an assembly member's seat to be vacant, regardless of
whether or not absences were excused by the Assembly, and whether or not the assembly
member missed regularly scheduled, but canceled meetings; and
WHEREAS, it is in the best interests of the Kodiak Island Borough to clarify and amend this
section to reflect Alaska Statutes 29.20.170; and
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 rc•idcc in the borough; or
Kodiak Island Borough Ordinance No. FY2008 -12
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ATTEST:
of the assembly in a six (6) month period.
(1) fails to qualify or take office within 30 days after election or appointment;
(2) is physically absent from the municipality for 90 consecutive days unless
excused by the governing body;
(3) resigns and the resignation is accepted;
(4) is physically or mentally unable to perform the duties of office as determined by
two - thirds vote of the governing body;
(5) is convicted of a felony or of an offense involving a violation of the oath of office;
(6) is convicted of a felony or misdemeanor described in AS 15.56 and two - thirds of
the members of the governing body concur in expelling the person elected;
(7) is convicted of a violation of AS 15.13;
(8) no longer physically resides in the municipality and the governing body by two -
thirds vote declares the seat vacant; this paragraph does not apply to a member
of the governing body who forfeits office under AS 29.20.140 (a); or
(9) if a member of the governing body, misses three consecutive held regular
meetings and is not excused.
B. If a member of the governing body misses one -half (1/2) of the meetings held in any
year of his or her term office, each year between November 1 and October 31, the
seat shall be automatically vacated.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TENTH DAY OF JANUARY, 2008
Nova M. Javier, CMC„ Borough Clerk
KODIAK ISLAND BOROUGH
Jer•' a M. Selby, Borough Ma or
Kodiak Island Borough Ordinance No. FY2008 -12
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