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FY2023-04 The Question To Retain The Existing Form Of Assembly Representationr 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Introduced by: Borough Mayor and Assembly Drafted by: Borough Attorney Introduced on: 06/09/2022 Adopted on: 06/16/2022 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2023-04 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH, DECLARING THAT THE EXISTING APPORTIONMENT OF THE KODIAK ISLAND BOROUGH ASSEMBLY MEETS THE STANDARDS OF AS 29.20.060 AND IS CONSISTENT WITH THE EQUAL REPRESENTATION STANDARDS OF THE CONSTITUTION OF THE UNITED STATES; PLACING ON THE BALLOT FOR THE OCTOBER 4, 2022, REGULAR BOROUGH ELECTION, THE QUESTION TO RETAIN THE EXISTING FORM OF ASSEMBLY REPRESENTATION WHEREAS, the Alaska Redistricting Board adopted the Final Proclamation of Redistricting on November 10, 2021; and on April 13, 2022, the Board adopted an Amended Proclamation Plan; and WHEREAS, Alaska Statute (AS) 29.20.070(b) provides that not later than the first regular election that occurs after adoption of a final state redistricting plan under art. VI, sec. 10, Constitution of the State of Alaska, the assembly shall propose and submit to the voters of the borough, at that regular election or at a special election called for the purpose, one or more forms of assembly representation; and WHEREAS, AS 29.20.080 (a) provides that not later than two months after adoption of a final state redistricting plan under art. VI, sec 10, Constitution of the State of Alaska, the assembly shall determine and declare by resolution whether the existing apportionment of the assembly meets the standards of AS 29.20.060; and WHEREAS, AS 29.20.060 provides that assembly composition and apportionment shall be consistent with the equal representation standards of the Constitution of the United States; an assembly may not provide for weighted voting; and a member of the assembly may not be elected or appointed by and from the council of a city in the borough; and WHEREAS, the Assembly of the Kodiak Island Borough has complied with state law regarding assembly composition and form of representation as follows: 1. On May 7, 1981, the Assembly adopted Resolution No. 81-28-R declaring the changes to be made in apportionment and composition of the Kodiak Island Borough Assembly met the standards of AS 29.23.021 [prior law]. 2. On October 6, 1981, the question of whether the existing apportionment whereby all members of the Assembly are elected at -large by all qualified voters of the borough should be retained was submitted to the duly qualified voters of the Kodiak Island Borough. 3. On October 6, 1981, the voters approved retention of the apportionment with seven at large assembly members with 1,227 yes votes and 279 no votes, and the results of the election were confirmed by Resolution 81-83-R approved October 15, 1981. 4. On December 3, 1981, through adoption of Ordinance 81-53-0, the Kodiak Island Borough Assembly approved retention of the Borough Assembly apportionment consisting of seven (7) members, with all seven (7) members being elected at large. Kodiak Island Borough, Alaska Resolution No. FY2023-04 Page 1 of 2 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 5. On July 18, 1991, the Assembly adopted Resolution No. 91-32 declaring the changes to be made in apportionment and composition of the Kodiak Island Borough Assembly met the standards of AS 29.20.060. 6. On October 1, 1991, the question of whether the existing apportionment whereby all members of the Assembly are elected at -large by all qualified voters of the borough should be retained was submitted to the duly qualified voters of the Kodiak Island Borough. 7. On October 1, 1991, the voters approved retention of the apportionment with seven at large assembly members with 1,535 yes votes and 228 no votes, and the results of the election were confirmed by Resolution 91-54 approved October 17, 1991. WHEREAS, the current method of assembly representation is by election of members of the assembly at large by the qualified voters of the borough. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1. Assembly Composition and Apportionment: The Assembly determines and declares that the existing apportionment of the Kodiak Island Borough Assembly meets the standards of AS 29.20.060 and is consistent with the equal representation standards of the constitution of the United States. Section 2. Proposition to be Submitted to the Voters: At the regular election to be held October 4, 2022, the following proposition shall be presented to the duly qualified voters of the Kodiak Island Borough: ASSEMBLY REPRESENTATION Shall the present form of assembly representation whereby the assembly consists of seven (7) members and all members of the assembly are elected at - large by the qualified voters of the borough be retained? YES _ NO " Section 3. Effective Date. This Resolution shall be effective upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF JUNE, 2022 KODIAK ISLAND BO GH ATTEST: William Roberts, Mayor Nova M. Javier, MMC, Interim Clerk VOTES: Ayes: Smiley, Turner, Williams, Arndt Absent: Delgado, Griffin, Smith Kodiak Island Borough, Alaska Resolution No. FY2023-04 Page 2 of 2 I