2023-02-27 Special MeetingKodiak Island Borough
Assembly Special Meeting Agenda
Monday, February 27, 2023, 6:30 p.m.
Assembly Chambers
This meeting was called by the Mayor.
This meeting is a continuation of the February 23, 2023, special meeting.
ROLL CALL
2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
Please call 1(907) 486-3231 or toll free 1(855) 492-9201
3. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL
MEETING
A. Consideration Of The Appointment Or The Process For
Appointing A Borough Manager.
Agenda Item Report - Pdf
4. ADJOURNMENT
This meeting is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available
online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call
(907) 486-3231 or (855) 492-9202.
Kodiak Island Borough
Assembly Special Meeting Guidelines
Monday, February 27, 2023, 6:30 p.m.
Assembly Chambers
This meeting was called by the Mayor.
This meeting is a continuation of the February 23, 2023, special meeting
1. ROLL CALL
K/BC 2.25.070... the chair shall cause the record to reflect the absence of the member,
the reason for the absence, and whether the absence is excused by the assembly
Mayor to announce that this meeting is a continuation of the
February 23, 2023, special meeting.
2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-
9202.
Please ask speakers to:
1. Sign in and state their name for the record
2. Turn on the microphone before speaking
3. Address all remarks to the assembly as a body and not to any
member thereof.
4. If calling in — turn off any listening devices to prevent
feedback
3. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL
MEETING
A. Consideration Of The Appointment Or The Process For Appointing A
Borough Manager.
No Action. As determined by the Assembly.
Assembly discussion.
If an executive session is desired, please state the purpose of the
executive session and why discussion qualifies for executive session.
Recommended motion: Move to convene into executive session to
a matter which qualifies for executive session per
KIBC 2.30.030 (F) (see reasons below).
a. Potential or pending litigation to which the borough may
become or is a party,
b. Any matter the immediate public knowledge of which would
tend to affect adversely the finances of the borough;
c. Any matter which would tend to defame or prejudice the
character or reputation of any person, except that the person
may request a public discussion;
d. Matters involving negotiations with labor organizations
representing borough employees,
e. matters which by law or ordinance are required to be
confidential,
f. Confidential attorney-client communications made for the
purpose of facilitating the rendition of professional legal
services to the borough;
g. Matters pertaining to personnel, and
h. Land acquisition or disposal.
Assembly Discussion.
ROLL CALL VOTE ON MOTION
Recommended motion: Move to invite the Mayor and Assembly into
executive session.
VOICE VOTE ON MOTION
After the vote, Mayor Williams recesses the special meeting and
convenes the executive session.
Upon returning from the executive session, Mayor Williams
reconvenes the special meeting and announces
• No action is to be taken as a result of the executive session.
-or-
The Assembly may make a motion if necessary. The Assembly
must state the motion and vote outside of executive session.
Example below if you are appointing the Mayor or a sitting assembly
member as borough manager.
Recommended motion: Move to appoint as the
Borough Manager and direct Assembly members and
to negotiate the Borough Manager Contract with the
appointee.
ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE RESULTED
FROM THE EXECUTIVE SESSION.
KIBC 2.45.020 An assembly member may not be appointed manager
of the borough sooner than one year after leaving office, except that,
by a vote of three-fourths of its authorized membership, the
assembly may at any time appoint one of its members as manager."
AS 29.20.490. Appointment of manager. (a) The governing body shall
appoint a manager by a majority vote of its membership. A manager
is chosen on the basis of administrative qualifications and receives
the compensation set by the governing body. A member of the
governing body may not be appointed manager of the municipality
sooner than one year after leaving office, except by a vote of three-
fourths of the authorized membership of the oovernina body. (b)
Subject to the contract of employment, the manager holds office at
the pleasure of the governing body.
Three-fourths of the authorized membership of the governing body is
5.25 (rounded to 6).
4, ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
VOICE VOTE ON MOTION.
KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by
a majority of the votes to which the assembly is entitled. No meeting shall be extended
beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the
meeting shall be extended to set the time and place for resumption of the meeting.
AGENDA ITEM #3.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
FEBRUARY 27, 2023
ASSEMBLY SPECIAL MEETING
ac
SUBJECT: Consideration Of The Appointment Or The Process For Appointing A Borough
Manager.
ORIGINATOR: Irene Arellano, Assistant Clerk
RECOMMENDATION:
As determined by the Assembly.
DISCUSSION:
The Assembly fixed the time to adjourn the February 23, 2023, special meeting to this meeting
of February 27, 2023. The only remaining item for discussion on the agenda is this item.
The Assembly has been soliciting applications for persons interested in the position of Borough Manager.
The process followed has been to hold the position open until filled, with a preliminary consideration of
applications received before July 13, 2022. Several applications have been received and the Assembly
has interviewed a number of candidates. At this point the Assembly has several alternatives. KIBC
2.45.020 provides that the Assembly has the power to appoint a manager by majority vote. It does not
require a particular process. Neither the code, nor other laws, require a particular process for the
Assembly to determine who it chooses to appoint as Borough manager.
If the Assembly desires to seek another round of applicants, the Assembly can provide direction to staff
as to whether and how that should be done. If instead the Assembly wants to appoint a manager from
among the applicants or other persons who may not be applicants but whom the Assembly desires as a
Borough manager, it may do so by motion and vote. A majority (four votes) is required for selection of a
manager unless the Assembly seeks to appoint one of its members, in which case six votes in favor of
such a motion are required for passage.
If the Assembly wants to discuss qualifications of a particular candidate including matters which might
tend to prejudice their reputation or character in executive session, then that person should be given
notice and may require the discussion to take place in open session.
ALTERNATIVES:
The Assembly has a number of options. These include:
1. Selection of a Borough Manager from among the applications received to date by majority
vote;
2. Readvertisement either with or without a change in the contemplated process, and selection of
an applicant from the re -advertised process by majority vote;
3. Engagement of a recruiting firm to identify a pool of candidates to consider, and selection of an
applicant from the re -advertised process by majority vote;
4. Appointment of a specific individual by majority vote, such as the acting manager for example,
who has not been an applicant but who is desired by the Assembly and willing to serve; or
5. Appointment of the mayor or a sitting member of the assembly as the Borough Manager by a
3/4 vote.
FISCAL IMPACT:
Kodiak Island Borough
Page 2 of 3
Consideration Of The Appointment Or The Process For Appointing A Borough...
AGENDA ITEM O.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
FEBRUARY 27, 2023
, AA�, ASSEMBLY SPECIAL MEETING
Readvertisement will add additional cost, but the extent of that cost is dependent upon the process
selected.
OTHER INFORMATION:
KIB Code Title 2 Administration and Personnel Chapter 2.45.020 Appointment
"The assembly has, and shall hereafter have, whenever pertinent, the power to appoint a manager by a
majority vote of its membership. The assembly shall choose a manager solely on the basis of his
executive and administrative qualifications, and he shall receive the compensation set by the assembly.
An assembly member may not be appointed manager of the borough sooner than one year after leaving
office, except that, by a vote of three-fourths of its authorized membership, the assembly may at any time
appoint one of its members as manager."
Kodiak Island Borough
Page 3 of 3
Consideration Of The Appointment Or The Process For Appointing A Borough...
Regular Speci((a``l��
Convened: "yy✓l/ Oylu
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Recessed:
Reconvened:
Date: V ��
Adjourned: �---
BY:
SECOND:
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BY:
SECOND:
BY:
SECOND:
BY:
SECOND:
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YES
NO
YES
NO
YES
NO
YES
-
YES NO
Mr. Arndt
V.
Mr. Arndt at
Mr. Arndt
Mr. Arndt
Mr. Arndt
Mr. Delgado
Mr. Delgado
V
Mr. Delgado
Mr. Delgado
Mr. Delgado
Mr. Griffin
Mr. Griffin
V
Mr. Griffin
Mr. Griffin
Mr. Griffin
Mr. LeDoux
V
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. LeDoux
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smith
V
Mr. Smith
Mr. Smith
Mr. Smith
Mr. Smith
Mr. Turner
V=Mr.
Turner
Mr. Turner
Mr. Turner
Mr. Turner
WOULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE
LIKE TO CHANGE THEIR
VOTE
TOTAL:
TOTAL:
TOTAL;
TOTAL:
TOTAL:
The mayor may of
vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly.
Mayor Williams
IV
I
I Mayor Williams
Mayor Williams
Mayor Williams
-F--Mayor
Williams
• Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3
Reconsideration on the same day, suspension of rules, limit of extend debate, previous question
• Majority vote is majority of the membership (quorum). Point of Order and Recess.
KODIAK ISLAND BOROUGH
Meeting Type:s�'Ie.CIG�I /ee�i�� oace:d2-21-2623
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. FY2023, No. 29 February 28, 2023
At Its Special Meeting Of February 27, 2023 (As A Continuation Of The February 23, 2023, Special
Meeting). The Kodiak Island Borough Assembly Took The Following Action. The Next Regular Meeting
Of The Borough Assembly Is Scheduled On Thursday, March 16, 2023, At 6:30 P.M. In The Borough
Assembly Chambers.
APPOINTED Aimee Williams As The Borough Manager And Directed Assembly Members Scott Smiley
And Scott Arndt To Negotiate The Borough Manager Contract With The Appointee
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. FY2023, No. 29 February 28, 2023
At Its Special Meeting Of February 27, 2023 (As A Continuation Of The February 23, 2023, Special
Meeting). The Kodiak Island Borough Assembly Took The Following Action. The Next Regular Meeting
Of The Borough Assembly Is Scheduled On Thursday, March 16, 2023, At 6:30 P.M. In The Borough
Assembly Chambers.
APPOINTED Aimee Williams As The Borough Manager And Directed Assembly Members Scott Smiley
And Scott Arndt To Negotiate The Borough Manager Contract With The Appointee