2023-09-14 Work SessionKodiak Island Borough
Assembly Special Meeting Agenda
Thursday, September 14, 2023, 6:30 p.m.
Assembly Chambers
This meeting was called by the Mayor.
Page
1. ROLL CALL
2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
Please call 1(907) 486-3231 or toll free 1(855) 492-9202
3. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL
MEETING
A.
EXECUTIVE SESSION
Discussion Of Litigation Strategy Regarding Kodiak Area Native
Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI
Agenda Item Report - Pdf
2
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.
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KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 14, 2023
ASSEMBLY SPECIAL MEETING
Kodiak Island Borough
SUBJECT: EXECUTIVE SESSION
Discussion Of Litigation Strategy Regarding Kodiak Area Native Association v.
Kodiak Island Borough, Case No. 3 KO-21-57CI
ORIGINATOR: Scott A Brandt-Erichsen, Borough Attorney
RECOMMENDATION:
Move to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to
discuss pending litigation to which the Borough is a party and to provide direction to the Borough
Attorney Borough regarding that litigation.
Move to invite the Mayor and Assembly into Executive Session as well as the Borough Attorney,
the Borough Manager, the Borough Finance Director, the Borough Assessor, and the Borough
Clerk.
DISCUSSION:
This executive session has been scheduled to permit the Assembly to receive information
concerning the present litigation strategy regarding the pending appeal of the denial of a
charitable purpose exemption application as to several parcels of real property owned by the
Kodiak Area Native Association (KANA), and to provide the Attorney with direction concerning
the case and possible actions or strategy relating to a similar case involving the City of Nome.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
KIB Code Title 2 Administration and Personnel Chapter 2.30 Rules of the Assembly
“F. Executive Sessions. The assembly may meet in executive session, at the call of the mayor, deputy
presiding officer, or any four members of the assembly, only during a regular or special meeting, to
privately discuss matters of confidential concern to the well-being of the borough government.
1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed
session may discuss:
a. Potential or pending litigation to which the borough may become or is a party;…”
AGENDA ITEM #3.A.
EXECUTIVE SESSION Discussion Of Litigation Strategy Regarding Kodiak Are...
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Kodiak Island Borough
Assembly Newsletter
Vol. FY2024, No. 5 September 15, 2023
At Its Special Meeting Of September 14, 2023, The Kodiak Island Borough Assembly Took The Following
Action. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, September 21,
2023, At 6:30 p.m. In The Borough Assembly Chambers.
CONVENED Into Executive Session Under The Authority Of KIBC. 2.30.030 (F)(1)(A) To Discuss
Pending Litigation To Which The Borough Is A Party And To Provide Direction To The Borough Attorney
Regarding That Litigation. INVITED The Mayor And Assembly Into Executive Session As Well As The
Borough Attorney, The Borough Manager, The Borough Finance Director, The Borough Assessor, And
The Borough Clerk. ANNOUNCED That Direction Was Given To The Borough Manager and Borough
Attorney On How To Proceed With This Case.