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2023-09-14 Special MeetingKodiak 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 2 Discussion Of Litigation Strategy Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI 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. Page 1 of 2 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 14, 2023 ASSEMBLY SPECIAL MEETING SUBJECT: EXECUTIVE AGENDA ITEM #3.A. 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;..." Kodiak Island Borough Page 2 of 2 EXECUTIVE SESSION Discussion Of Litigation Strategy Regarding Kodiak Are... Kodiak Island Borough Assembly Special Meeting Guidelines Thursday, September 14, 2023, 6:30 p.m. Assembly Chambers This meeting was called by the Mayor and Assembly. 1. ROLL CALL KIBC 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. Recommended motion: Move to excuse Assembly Member Geoff Smith who is absent due to personal leave. ROLL CALL VOTE ON THE MOTION 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. EXECUTIVE SESSION Discussion Of Litigation Strategy Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI Recommended motion: 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. Assembly discussion. ROLL CALL VOTE ON THE MOTION Recommended motion: 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. Page 1 of 2 VOICE VOTE ON MOTION After the vote, Mayor Arndt recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Arndt reconvenes the regular meeting and announces • No action is to be taken as a result of the executive session. Direction may be given to the Borough Attorney on how to proceed. -or- The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION K/BC 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. 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. Page 2 of 2 Regular Special V Convened: .. �1 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: .4d Reconvened: Date: I O Adjourned: O �i BY: BY:SS SECOND: SECOND:n ��.lJ e0o ES NO YE O BY: SECOND: • QUI V BY: SECOND: G1 FBY I SECOND: YES YES NO: Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux Mr. LeDoux ✓ Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Smil Mr. Smiley Mr. Smiley Mr. Smith Mr. Turner Mr. Turner r. Turner Mr. Turner Mr. Turner WOULD_ ANYONE LIKE TO CHA_ N_GE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE TOTAL: TOTAL: -7TOTAL: TOTAL: TOTAL: The mayor may not 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 Arndt Mayor Arndti -T ! Mayor Arndt Mayor Arndt Mayor Arndt ASSEMBLY'S PREROGATIVE IN JUDGING VOTING PROCEDURE Unless the bylaws provide otherwise, the Assembly itself is the judge of all questions arising that are incidental to the voting or the counting of the votes. In an election by ballot, for example, the tellers (p.401, I. 16-21) should refer to the Assembly for decision on all questions on which there is any uncertainty. REQUIRED VOTES FOR MOTIONS (Motions reauirina 2/3 vote to carry (7 Dresent reauires 5 ✓ Reconsideration on the same day ✓ Suspension of rules ✓ Limit of extend debate ✓ Declaring vacancy on the Assembly and Office of the Mayor ✓ Budget Adoption Veto — Override ✓ Extending the adjournment time beyond 11 p.m. Attorney's opinion dated April 6, 2023 Absences do not reduce the vote requirement. Otherwise, if there were only four (4) present, it might mean that 3 votes would approve a motion. The court is more likely to treat it as the number of votes of the fully constituted body, and would only reduce the number of persons were disqualified not just absent. He expected a court to read the voting requirement to include 2/3 of the FULL membership not just those who are in attendance. Majority vote is majority of the membership (quorum) ✓ Point of Order (KIBC 2.30.080) ✓ Previous Question ✓ Recess — not to exceed 20 minutes ✓ Appealing the decision of the chair when it comes to conflict of interest ✓ Extending the adjournment time beyond 10:30 p.m. ✓ Appointing the DPO requires majority ✓ Appointing a Manager (no sooner than one year after leaving Mayor/Assembly office) ✓ Calling a special meeting ✓ The same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so. KODIAK ISLAND BOROUGH Meeting Type: (a9 Date: Please PRINT your name legibly Phone number )CV 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. View our website: Visit our Facebook page: � Follow us on www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter: @KodiakBorough 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. 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.