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FY2011-11 Mayor and Assembly Communication Introduced by: Assembly member Stutes Requested by: Assembly member Stutes Drafted by: Assembly member Stutes 1 Introduced: 01/20/2011 2 Public Hearing: 02/03/2011 3 Amended: 02/03/2011 Adopted: 02/03/2011 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2011 -11 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.20 BOROUGH 10 MAYOR SECTION 2.20.040 DUTIES AND CHAPTER 2.25 BOROUGH ASSEMBLY BY 11 INSTITUTING SECTION 2.25.040 REPRESENTATION OF ASSEMBLY POSITION TO 12 REQUIRE ASSEMBLY DISCUSSION OR APPROVAL BEFORE STATING OR 13 ANNOUNCING THE POSITION OF THE BOROUGH IN ANY WRITTEN OR ELECTRONIC 14 COMMUNICATION OR GIVING TESTIMONY BEFORE ANY LEGISLATIVE OR 15 REGULATORY BODY AS A REPRESENTATIVE OF THE KODIAK ISLAND BOROUGH 16 17 WHEREAS, the Mayor acts as a ceremonial head of the Borough and neither the Mayor 18 nor individual Assembly members has authority to determine or establish policy on issues of 19 interest to the Borough; and 20 21 WHEREAS, the Assembly is responsible for establishing Borough policy by ordinance, 22 resolution, or other actions; and 23 24 WHEREAS, communications initiated or signed by the Mayor which appear to announce 25 the Borough's policy or position on issues of public interest could be misleading or 26 prejudicial to the Borough's interest if the Assembly has not discussed the issues or 27 established a policy or position on the issue in question; and 28 29 WHEREAS, requiring the Mayor or Assembly members to obtain Assembly discussion or 30 approval before stating or announcing the position of the Borough on a given issue would 31 avoid or reduce the potential for confusion or misunderstanding; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 34 BOROUGH THAT: 35 36 Section 1: This ordinance is of a general and permanent nature and shall become a 37 part of the Kodiak Island Borough Code of Ordinances; 38 39 Section 3: Title 2 Administration and Personnel Chapter 2.20 Borough Mayor Section 40 2.20.040 Duties is hereby amended as follows: 41 42 2.20.040 Duties. 43 A. The mayor shall act as ceremonial head of the borough. The mayor shall preside at all 44 assembly meetings, and sign ordinances and other documents on the borough's behalf 45 upon assembly authorization. The failure of the mayor to sign an ordinance or resolution 46 does not invalidate them. 47 B. Before claiming to speak for the borough, borough assembly, and /or borough 48 residents or announcing the position of the borough in any written or electronic Kodiak Island Borough Ordinance No. FY2011 -11 Page 1 of 2 49 communication, the mayor must obtain authorization from the assembly or base such 50 communication on a good faith belief that the mayor is speaking on behalf of the 51 assembly. This subsection shall not be interpreted as restricting the mayor's right to 52 state his or her personal opinion on any issue. 53 BC. Members of boards, committees, and commissions, except for members of the board of 54 adjustment, members of the board of equalization, and elected service area board 55 members, are appointed by the mayor and confirmed by the assembly in accordance with 56 KIBC 2.100.030. 57 58 Section 3: Title 2 Administration and Personnel Chapter 2.25 Borough Assembly is 59 hereby amended by instituting Section 2.25.040 Representation of assembly 60 position as follows: 61 62 2.25.040 Representation of assembly position. 63 A. The official position of the assembly is that taken as a result of debate and vote, 64 with the prevailing majority forming the official position. 65 B. Views and opinions of individual members of the assembly are not the official 66 position of the assembly. 67 C. The assembly may authorize a member of the assembly to serve as the official 68 assembly spokesperson on a given issue. 69 D. Before claiming to speak for the borough, borough assembly, and /or borough 70 residents or announcing the position of the borough in any written or electronic 71 communication, any assembly member must obtain authorization from the assembly. 72 73 Section 3: This ordinance shall become effective upon adoption. 74 75 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 76 THIS THIRD DAY OF FEBRUARY, 2011 77 78 79 KODIAK ISLAND BOROUGH 80 81 82 83 1 Jerotne M. Selby, Borough Mayo 84 85 ATTEST: 86 87 41/113 88 89 Nova M. Javie ,jMMC, Borough Clerk 90 91 Kodiak Island Borough Ordinance No. FY2011 -11 Page 2 of 2