2021-07-29 Special MeetingPage
Kodiak Island Borough
Assembly Special Meeting Agenda
Thursday, July 29, 2021, 5:30 p.m.
Assembly Chambers 710 Mill Bay Road
This meeting was called by the Mayor.
Streamed Live Online at www.kodiakak.us
1. Roll Call.
2. Citizens' comments. 1-907-486-3231 or Toll Free 1-855-492-9202.
(Limited To Three Minutes Per Speaker)
3. Consideration of matters in the call for the special meeting.
2 - 5 A. Formal Resignation Of Assembly Member Duane Dvorak
Letter of Resianation. Assemblv Member Duane Dvorak - Pdf
4. Adjournment.
Watch meetings live, online at www.kodiakak.us
Citizen Comment: 486-3231 or 855-492-9202 Page 1 of 5
AGENDA ITEM #3.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
J U LY 29, 2021
ASSEMBLY SPECIAL MEETING
SUBJECT: Formal Resignation Of Assembly Member Duane Dvorak
ORIGINATOR: Borough Clerk, Alise Rice
RECOMMENDATION:
Move to accept notice of resignation of Assembly Member Duane Dvorak.
This action, if passed by the assembly, will need an additional motion to instruct the Clerk to begin the
process of filling the vacant seat.
Move to instruct the Clerk to begin the process of filling the vacant seat per the procedure agreed upon
by the assembly.
DISCUSSION:
KIBC 2.25.060 Declaring and filling vacancies.
If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and
more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy
and, for 14 days after the first publication thereof, receive applications from persons interested in being
appointed to the vacant seat. The assembly shall review the applications and may interview applicants.
Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the
applicants a qualified person to fill the vacant seat.
Assembly member Dvorak stated in his resignation letter: "By leaving now, the assembly has time to
accept this resignation and thereby make my seat and remaining one year of the term available to be
filled on the October 2021 ballot."
Should the resignation be accepted by the assembly on July 29, 2021, the amount of days remaining in
Assembly member Dvorak's seat is 462. This date is calculated from July 30th 2021 to November 4,
2022. The first regular meeting in November has been the traditional date for certification and
administration of the oath of office. With the intent of the members' first official date of service being the
next day.
Title 7 Elections has multiple required deadlines for notices for upcoming election. One notice, the Notice
Of Offices To Be Filled, must be posted in the paper at least 75 days (July 22, 2021) prior to the election.
In order to ideally notice the potentially vacant, one year seat, a Supplemental Notice Of Borough Offices
To Be Filled was noticed in the paper. This notice was crafted by the borough attorney and printed in the
Kodiak Daily Mirror on July 23, 2021. The Supplemental Notice Of Borough Offices To Be Filled has yet
to be distributed to KIB villages for proper posting, but will be distributed Tuesday July 27, 2021.
ALTERNATIVES:
Not accept the resignation.
Kodiak Island Borough
Page 2 of 5
Formal Resignation Of Assembly Member Duane Dvorak
AGENDA ITEM #3.A.
M20]Q/_1:'sE•9W_1ZLl:161:10111c]:M
STAFF REPORT
J U LY 29, 2021
ASSEMBLY SPECIAL MEETING
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough Code Title 2 Administration and Personnel
Chapter 2.25 Borough Assembly, Sections 2.25.060 Declaring and filling vacancies
2.25.060 Declaring and filling vacancies.
A. The assembly shall declare an assembly member's seat vacant when the assembly member:
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 a 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 a two-thirds vote
declares the seat vacant; this subsection 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 consecutively held regular meetings and is
notexcused.
B. If a member of the governing body misses one-half of the meetings held in any year of his or her
term of office, each year between November 1st and October 31st, the seat shall be automatically
vacated.
C. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared
vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public
notice of the vacancy and, for 14 days after the first publication thereof, receive applications from
persons interested in being appointed to the vacant seat. The assembly shall review the applications
and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly
shall appoint from among the applicants a qualified person to fill the vacant seat.
D. In appointing a person from among the applicants, the assembly shall utilize the voting
procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer.
E. Notwithstanding subsection C of this section, if the membership of the assembly is reduced to
fewer than four assembly members, then the remaining assembly members shall appoint as many
qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly
shall utilize any procedure which is reasonable under the circumstances in making the appointments
required by this subsection and shall make said appointments not later than seven days after the
quorum was reduced to less than four assembly members.
F. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a
successor shall be elected to fulfill the remainder of the unexpired term of office.
Kodiak Island Borough Code Title 7 Elections
Kodiak Island Borough
Page 3 of 5
Formal Resignation Of Assembly Member Duane Dvorak
AGENDA ITEM #3.A.
M20]Q/_1:'s1:9W_1ZLl:161:10111c]:M
STAFF REPORT
.sr. J U LY 29, 2021
' ASSEMBLY SPECIAL MEETING
Chapter 7.20 Qualifications of Voters and Candidates
7.20.030 Declaration of candidacy.
A. At least 75 days before each regular election, the clerk shall publish in one or more newspapers
of general circulation in the borough a notice of offices to be filled at the election and the procedure
for filing a declaration of candidacy.
B. Packets containing declarations of candidacy shall be available from the clerk's office no later
than the day the filing period opens. Declarations of candidacy shall be submitted in original form
and may be submitted electronically; provided, that the original is received by the clerk before the
close of the filing period.
D. Filing for elective offices shall be made by filing a declaration of candidacy with the clerk from
August 1st through August 15th, 4:30 p.m. Should August 15th fall on a Saturday or Sunday,
candidates shall have until 4:30 p.m. on the first Monday following to file their declaration.
Kodiak Island Borough
Page 4 of 5
Formal Resignation Of Assembly Member Duane Dvorak
AGENDA ITEM #3.A.
Kodiak Island Borough
Mayor and Assembly
C/O Borough Clerk, Alise Rice
710 Mill Bay Road
Kodiak, AK 99615
July 15, 2021
Subject: Resignation from Kodiak Island Borough Assembly
Dear Mayor Roberts and Borough Assembly,
After giving the matter a great deal of thought, I have decided to resign from the Kodiak Island Borough
Assembly upon adjournment of the August 51' regular meeting. It is with great reluctance that I have
come to this decision, however I believe that it is the right thing to do under the circumstances.
For the past year I have been traveling to Washington State with increasing frequency in order to
support my aging parents. Up until now, I have been able to largely work around the assembly meeting
schedule, however it has still resulted in a substantial loss of focus on borough business which is not fair
to the people of the borough that I serve. That being said, my priority is to my family. I feel that it is
time to devote more of my time and energy, without reservation, towards helping them face their
current life challenges.
I have debated whether this resignation is premature, but in the end, I think the timing is right. My
parents need for support is increasing and it is inevitable that I would leave the assembly sometime in
the next several months. By leaving now, the assembly has time to accept this resignation and thereby
make my seat and remaining one year of term available to be filled on the October 2021 ballot.
It has been my privilege to serve the people of Kodiak on this assembly and I thank all those who have
supported and encouraged me along the way. For my colleagues remaining on the assembly, I wish you
all the best as you tackle the myriad challenges facing the borough now and in the future.
Best R gams,
Duane Dvorak
415 Cedar Street
Kodiak, AK 99615
Page 5 of 5
Formal Resignation Of Assembly Member Duane Dvorak
Kodiak Island Borough Assembly Special Meeting Agenda
Thursday July 29, 2021, 5:30 p.m., Assembly Chambers
This meeting was called by the Borough Mayor.
ROLL CALL
2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
This is for agenda Items not scheduled for public hearing & general comments
only.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. sign in
2. state their name for the record
3. turn on the microphone before speaking
4. address all remarks to the Assembly as a body and not
'k to any member thereof
3. Formal Resignation Of Assembly Member Duane Dvorak
Motion:
This action will require 2 motions Assembly discussion.
ROLL CALL VOTE ON
Move to accept the formal resignation of Assembly
member Dvorak effective August 5, 2021.
Move to instruction the Clerk to:
a. add one year term to ballot
-or-
b. begin the process to fill the vacated one year seat
Motion: 4. ADJOURNMENT
Move to VOICE VOTE ON MOTION.
adjourn
the
meeting
m CD o
0 0 0
< o
O O O
N O N
3 � a
�. 0 o
0
< O (a
N
O O
NCD
30.0
Coma)
CD0�
D N
N v
o NCD
o m
c �
0 O
C M CD3CD
2a
O N N
53.0
0 a rn
'I
0 X N
N
N (D M
C O CD
A CD c
CD
O (D y
N A
N
CD G U,
c m
N N
a m
c
m
T 'm
as
, C
m
N
A
A
m
(D
w
m
O
m
m
D
m �[
0
D
c
A
<O
! O' O
Li v
O
CD
CD
Ej
W
F
En
m
o�
m
(U
O
O<
W
o
C
�—
'o
o
O
r
v
m
y
0
N
N
0
D
Z
0
3
y
7
-.
7
7
3
y
7�
�
D
� l� m �
`f//
�
r
m
C
3
°
G O
z
o
O
0
r
m
N
c�D
3
�
Er
{\TC
N
0CD
N
CD
CD
m
.i
f/
°
V
�r
CD
m
2
D
N
4fi
z
N.
x
v
m
�CD0M
D
O
v
CD
O
Im
D
O
O
c
N
3
m<
J
N
/ O
3
O
`5 V
NCD
CD,
N
CDCD
J
0
O
C
N
N
c
f0
_ \
m
cn
m
v
D
z
CD
Z
0
0
a�i
CD
0
O
D
z m
3
D
m
47
i
�a
m
r�
r
_
c
3
3
3•
m
<
0
:3m
a
0
z
0
0
CD
CD
CD
1
m
3
CD
3
0
m
m
x
En
CD
m
3
C
O
D
z
y
y
M
T
m
m
o
N<
O<
0
7
7
7
w
m
o
C
o
D
r
Om
m
`�
-
�'<
3
3
3
-.
m
<
<O
o
3
a
O
z
o
v
CD
J
m
3
m
'
3
o
:•
W
mCD
d
O
N
N
N
(D
3
N
N
(CO
m
m
ca
0
o CCD
CD C_
7 N
CD
a
``. U)
V D
0
Eel
;o D
0 X
co N
m
CD
a 5 Y
Z
v
W
O
X
O
C
u
(D
O
O
7
CD
D
CD
a
KODIAK ISLAND BOROUGH
Meeting Type: S P� C, ck L V\. `' Date: /Z y
�.
Please PRINT your
name legibly Please PRINT your name legibly
View our website:
www.kodiakak.us
Visit our Facebook page:
www.facebook.com/KodiakIslandBorough
Follow us on
Twitter:
@KodiakBorough
Kodiak Island Borough
Assembly Newsletter
Vol. FY2022, No. 2 July 30, 2021
At Its Special Meeting Of July 29, 2021, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular
Meeting Of The Borough Assembly Is Scheduled On Thursday, August 5, At 6:30 p.m. In The Borough Assembly Chambers.
ACCEPTED Formal Resignation Of Assembly Member Duane Dvorak Effective After The Regular
Meeting Of August 5, 2021.
INSTRUCTED The Clerk To Begin The Process To Fill The Vacated One-Year Seat.