FY2012-04 Borough Employees on Boards, Commissions Introduced by: Borough Manager
Requested by: Borough Assembly
Drafted by: Borough Attorney
Introduced: 07/21/2011
Public Hearing: 08/04/2011
3 Adopted: 08/04/2011
4
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2012 -04
7
8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2
10 ADMINISTRATION AND PERSONNEL CHAPTER 2.105 PLANNING AND ZONING
11 COMMISSION SECTION 2.105.010 CREATED — MEMBERSHIP; TITLE 2
12 ADMINISTRATION AND PERSONNEL CHAPTER 2.145 SOLID WASTE ADVISORY
13 BOARD SECTION 2.145.010 CREATED — MEMBERSHIP; TITLE 3 REVENUE AND
14 FINANCE CHAPTER 3.35 REAL PROPERTY TAX SECTION 3.35.050 BOARD OF
15 EQUALIZATION; AND TITLE 7 ELECTIONS CHAPTER 7.20 QUALIFICATIONS OF
16 VOTERS AND CANDIDATES SECTION 7.20.020 CANDIDATE QUALIFICATIONS
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18 WHEREAS, a Borough employee should not be denied the opportunity to serve as a
19 member of a Borough board or commission solely by reason of being employed by the
20 Borough, and except as limited by the specific qualifications for board membership provided
21 by ordinance; and
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23 WHEREAS, the Planning and Zoning Commission and the Board of Equalization each
24 have the authority to make certain decisions binding on the Borough; and
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26 WHEREAS, the Solid Waste Advisory Board makes advisory recommendations to the
27 Assembly; and
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29 WHEREAS, decisions by these boards and commissions should be made on the prepared
30 record and evidence presented; and
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32 WHEREAS, Borough employees should not be denied the opportunity to serve on service
33 area boards.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
36 BOROUGH THAT:
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38 Section 1: This ordinance is of a general and permanent nature and shall become a part
39 of the Kodiak Island Borough Code of Ordinances.
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41 Section 2: The Kodiak Island Borough Code of Ordinances Title 2 Administration and
42 Personnel Chapter 105 Planning and Zoning Commission Section 2.105.010
43 Created — Membership shall be amended to read as follows:
44
45 2.105.010 Created — Membership.
46 There is created pursuant to AS 29.40.020 a planning and zoning commission, which
47 shall consist of seven members appointed by the mayor subject to confirmation by the
48 assembly, except that a member from a home rule or first class city shall be selected from a
49 list of recommendations submitted by the council. Commission membership shall be
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50 apportioned so that the number of members from home rule or first class cities within the
51 borough reflects the proportion of borough population residing within those cities.
52 Commission membership shall be reapportioned according to the fluctuation of population
53 within the borough and its home rule and first class cites by resolution of the assembly at
54 the expiration of the terms of commission members. Borough employees may be
55 appointed to serve on the planning and zoning commission unless they are employed
56 by the community development department. Nothing in this section prevents the mayor
57 from appointing additional persons to serve in an advisory or ex officio capacity without
58 regard to apportionment of borough population.
59
60 Section 3: The Kodiak Island Borough Code of Ordinances Title 2 Administration and
61 Personnel Chapter 145 Solid Waste Advisory Board Section 2.145.010
62 Created — Membership shall be amended to read as follows:
63
64 2.145.010 Created — Membership.
65 There is created a solid waste advisory board that shall consist of seven borough
66 residents, inclusive of the city of Kodiak, who represent a cross - section of the social and
67 economic structure of the community. Preferably, two out of the seven seats shall be
68 designated to representatives from the construction and retail business community. All
69 members are appointed in accordance with KIBC 2.100.030 and shall meet the
70 qualifications of KIBC 2.100.040. Borough employees may be appointed to serve on the
71 solid waste advisory board unless they are employed by the engineering and facilities
72 department. There will be four nonvoting ex officio members, one of which shall be an
73 assembly member appointed by the mayor; one shall be a KB staff member appointed by
74 the manager; one shall be representative from the United States Coast Guard appointed by
75 the ISC commanding officer; and one city of Kodiak staff member appointed by the city
76 manager. Each ex officio member may participate in all discussions.
77
78 Section 4: The Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance
79 Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization is
80 hereby amended as follows:
81
82 3.35.050 Board of equalization.
83 2. Qualifications. Members and alternate members should be appointed on the basis of
84 their expertise in real and personal property appraisal, the real estate market, the personal
85 property market, and other fields related to their functions as board members. Each member
86 shall be a qualified voter of the borough and shall remain a resident of the borough while in
87 office. Borough employees may be appointed to serve on the board of equalization
88 unless they are employed by the finance or assessing departments.
89
90 Section 5: The Kodiak Island Borough Code of Ordinances Title 7 Elections Chapter
91 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications is
92 hereby amended as follows:
93
94 7.20.020 Candidate qualifications.
95 A. Candidates for mayor, assembly, and school board must be qualified voters of the
96 borough and residents of the borough for one year at the time of filing.
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97 B. A person may not serve simultaneously as mayor and as a member of the assembly, as
98 mayor and a member of the school board, or as a member of the assembly and member of
99 the school board.
100 C. No elected official of the borough, except members of service areas boards, may hold
101 any other compensated borough office or borough employment, or elected position in the
102 state or federal government, while in office.
103 D. No person shall be a candidate for more than one assembly seat at any election.
104 E. Candidates for service area boards must be qualified voters of the borough and residents
105 of the service area for at least 30 days immediately preceding filing for office.
106 F. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the
107 election, to be recognized as a candidate for any election.
108 G. Write -in candidates for mayor, assembly, and school board shall file an Alaska Public
109 Offices Commission (APOC) official financial disclosure statement with the clerk as required
110 by the provisions of AS 39.50.
111
112 Section 6: This ordinance shall become effective upon adoption.
113
114 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
115 THIS FOURTH DAY OF AUGUST, 2011
116
117 KODIAK ISLAND BOROUGH
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120 `�,. L
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122 Jerome M. Selby, Borc2paMa.. r. -..._
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124 ATTEST:
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126 r
127 A_z•
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129 Nova M. Javier, MMC, Borough Clerk
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