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2023-09-26 Special MeetingKodiak Island Borough
Assembly Special Meeting Agenda
Tuesday, September 26, 2023, 6:30 p.m.
Assembly Chambers
This meeting was called by the Mayor and Assembly.
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
AGENDA ITEM #3.A.
KODIAK ISLAND BOROUGH
STAFF REPORT
SEPTEMBER 26, 2023
=' ASSEMBLY SPECIAL MEETING
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SUBJECT: 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
Tuesday, September 26, 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 LeDoux and
Sharratt who are absent due to personal leave.
ROLL CALL VOTE ON MOTION
2. CITIZENS' COMMENTS
Agenda items not scheduled for public hearing and general comments.
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 to discuss
litigation strategy regarding Kodiak Area Native Association v. Kodiak
Island Borough, Case No. 3 KO-21-57CI Under The Authority Of KIBC.
2.30.030 (F)(1)(A) To Which The Borough Is A Party And To Provide
Direction Regarding That Litigation.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION
Page 1 of 2
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.
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
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.
Page 2 of 2
Regular Special /.
Convened:
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
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Recessed: econvened: "[�J
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Date:
Adjourned: q
BY:
SECOND:
BY: `-2
SECOND:
BY: CI �
SECOND:
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SECOND• ,
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BY:
SECOND: (42
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YES
NO
YES NO
YES NO
YES N
Y
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. Sharratt
VMf
att
. Sharratt
traffa
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smiley
Mr. Smith
Mr. Smith
Mr. Smith ✓
Mr. Smith
Mr. Smith
Mr. Turner
Mr. Turner
Mr. Turner
Mr. Turner
Mr. Turner
WOULD
ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR
VOTE.
TOTAL:
I TOTAL:
TOTAL:
TOTAL:
TOTAL:
The mayor may n
t 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
I V
I
I Mayor Arndt
I
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 present 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.
• Maiority 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: GOWA MCfb.
V1 Date: q
Please PRINT your name legibly Phone number
4/y�e. ��S
Kodiak Island Borough
Assembly Newsletter
Vol. FY2024, No. 07 September 27, 2023
At Its Special Meeting Of September 26, 2023, The Kodiak Island Borough Assembly Took The Following
Action. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, October 5,
2023 At 6:30 p.m. In The Borough Assembly Chambers.
CONVENED Into Executive Session To Discuss Litigation Strategy Regarding Kodiak Area Native
Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI Under The Authority Of KIBC. 2.30.030
(F)(1)(A) To Which The Borough Is A Party And To Provide Direction Regarding That Litigation. INVITED
The Mayor And Assembly Into Executive Session As Well As The Borough Manager, And The Borough
Clerk. ANNOUNCED That Direction Was Given To The Borough Manager On How To Proceed With This
Litigation.
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. 07 September 27, 2023
At Its Special Meeting Of September 26, 2023, The Kodiak Island Borough Assembly Took The Following
Action. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, October 5,
2023 At 6:30 p.m. In The Borough Assembly Chambers.
CONVENED Into Executive Session To Discuss Litigation Strategy Regarding Kodiak Area Native
Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI Under The Authority Of KIBC. 2.30.030
(F)(1)(A) To Which The Borough Is A Party And To Provide Direction Regarding That Litigation. INVITED
The Mayor And Assembly Into Executive Session As Well As The Borough Manager, And The Borough
Clerk. ANNOUNCED That Direction Was Given To The Borough Manager On How To Proceed With This
Litigation.