FY2024-17 Update To Processes For Agenda Setting And Submission Of Itemsf
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2024-17
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.20 BOROUGH MAYOR,
SECTION 2.20.070 MISCELLANEOUS, CHAPTER 2.30 RULES OF THE ASSEMBLY,
SECTIONS 2.30.030 TYPES OF MEETINGS, 2.30.060 ORDER OF BUSINESS AND AGENDA,
2.30.070 ORDINANCES, RESOLUTIONS, AND MOTIONS, AND SECTION 2.30.100
MISCELLANEOUS, TO UPDATE PROCESSES FOR AGENDA SETTING AND SUBMISSION
OF ITEMS
WHEREAS, this ordinance is submitted in order to update processes for agenda setting and
submission of items.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Section 2.20.070 of the Kodiak Island Borough Code of Ordinances is amended
to include a new subsection (C) to read as follows:
2.20.070(C). Requests for Staff Assistance or Legal Opinions.
1. During a work session or a meeting, or by submitting a request for services on a
form provided by the borough clerk's office, the mayor may request that the
manager, clerk, or attorney prepare a proposed ordinance or resolution to be
submitted to the clerk for placement on the agenda in accordance with section
2.30.060(C)(4).
2. During a work session or a meeting, or by submitting a request for services on a
form provided by the borough clerk's office, the mayor and an assembly
member may request written legal opinions, relating to borough business, from the
attorney through the manager's or the clerk's office. Upon receipt of the legal
opinion, the clerk's office shall distribute it to all assembly members.
Section 3: That Section 2.30.030 of the Kodiak Island Borough Code of Ordinances is amended
to read as follows:
2.30.030 Types of Meetings
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A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the
borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30
p.m. on the first and third Thursdays of each month, or such other time and place as may
be designated in the notice of the meeting. If the regular meeting day falls on a holiday or
holiday eve, then the assembly may advance, postpone, or cancel the meeting as
necessary. When the lack of a quorum of the assembly necessary for holding a meeting
occurs, or when there is little or no business to be considered at a scheduled regular
meeting, the assembly may cancel such meeting and hear its business at the next regular
meeting. Public notice of changed meetings shall be made in at least one newspaper of
general circulation in the borough. 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.
B. Special Meetings. Special meetings may be called by the mayor, deputy presiding
officer, or by three members of the assembly and, except in an emergency, upon no less
than 24 hours' effective notice to each member. Effective notice shall be written or oral.
The notice shall indicate time, location, and the purpose of the special meeting and by
whom called. The calendar for a special meeting shall be as follows:
60 11. Roll call.
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2. Citizens' comments.
3. Consideration of matters in the call for the special meeting.
4. Adjournment.
Matters not included in the call for the special meeting may not be considered. Special
meetings shall commence and adjourn as provided in subsection A of this section unless
specifically amended.
C. Adjourned or Recessed Meetings. If the assembly has not concluded the agenda, the
time and place of the resumption of the meeting shall be announced or the items shall be
carried over to the following regular meeting or taken up at a special meeting called for
that purpose.
D. Work Sessions. The assembly may meet informally in work sessions, at the call of the
mayor, deputy presiding officer, or by three members of the assembly, to review
forthcoming programs of the borough, receive progress reports on current programs or
projects or receive other similar information from the manager; provided, that all
discussions and conclusions thereon shall be informal. Work sessions are public
meetings during which no formal action shall be taken by the assembly; however, the
assembly may, by consensus of at least four members, provide direction to the
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manager, clerk, or attorney to prepare a report or agenda item to be considered by
the assembly at a later meeting. Regularly scheduled work sessions are to commence
at 6:30 p.m. and shall adjourn at 10:30 p.m. unless the time is extended by majority
members of the assembly.
E. Other Public Meetings or Work Sessions. The assembly may hold other meetings or
work sessions at such other time and place as it deems appropriate as long as reasonable
public notice is given.
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. An executive session may be listed on the agenda
or may be convened where appropriate concerning an item which appears on the
published agenda.
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;
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.
G. This section does not apply to quasi-judicial boards when holding a meeting solely to
make a decision in an adjudicatory proceeding.
Section 4: That Section 2.30.060 of the Kodiak Island Borough Code of Ordinances is amended
to read as follows:
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2.30.060 Order of business and agenda.
A. Order of Business. The order of business for each regular meeting of the assembly shall be
as follows:
1. Invocation.
2. Pledge of Allegiance.
3. Statement of land acknowledgment.
4. Roll call.
5. Approval of agenda and consent agenda. (Approval of consent agenda passes all items
indicated. Consent agenda items are not considered separately unless an assembly member
so requests. In the event of such request, the item is returned to the general agenda.)
6. Approval of minutes.
7. Citizens' comments.
a. Agenda items not scheduled for public hearing and general comments.
8. Awards and presentations.
9. Committee reports.
10. Public hearing.
11. Borough manager's report.
12. Messages from the borough mayor.
13. Consideration of calendar — unfinished business.
14. Consideration of calendar — new business.
a. Contracts.
b. Resolutions.
c. Ordinances for introduction.
d. Other items.
15. Citizens' comments.
16. Assembly members' comments.
17. Adjournment.
B. Preparation of Agenda Items. Ordinances, resolutions, or other proposed
agenda items may be submitted to the clerk by an assembly member, a committee
of the assembly, the mayor, or the manager for placement on the agenda. An
assembly member may request an item placed on the assembly agenda by
completing an agenda request form provided by the borough clerk's office and
providing a copy of the proposed item in a format that is ready to be placed on the
agenda. Upon receipt of an agenda item request, the borough clerk shall
immediately provide a copy to the borough manager. The borough manager may
provide information or make recommendations, if applicable, and submit such
information to the borough clerk for inclusion with the agenda item.
If an assembly member or the mayor desires assistance of staff in the preparation
of an agenda item, staff assistance may be requested and provided in accordance
with section 2.20.070(C) or 2.30.100(G).
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Agenda items submitted to the clerk shall be scheduled on the agenda in
accordance with subsection C of this section.
8C. Agenda. The mayor shall determine items for the agenda of the assembly, subject
to assembly approval, and in accordance with this section. P ..,ember of the assembly,
delegate to the
the
nla Ged nn then endo assembly, '
1. Agenda items which have been scheduled for a specific meeting or date by law
or by a maiority vote of the assembly shall be placed on the agenda for that
meeting.
2. Agenda items which require consideration prior to a certain date to satisfy
statutory requirements, to avoid prejudice to the borough, or to avoid the item
becoming moot, shall be scheduled prior to that date where possible.
3. Agenda items submitted by an assembly member or the mayor without staff
assistance, or submitted by the manager, shall be included on the agenda within
60 days.
4. Agenda items prepared by staff at the request of the mayor or by two or more
assembly members under section 2.20.070(C) or 2.30.100(G) shall be scheduled on
an agenda within 60 days of the agenda item request being submitted to the clerk,
unless the assembly directs that the item appear on a particular meeting agenda.
5. Subject to provisions of subsection GD of this section, no business may be transacted
nor any measure considered that is not on the agenda.
The clerk shall prepare an agenda for each regular meeting after consulting with the
mayor, deputy presiding officer, and manager. The agenda shall be distributed to
assembly members, along with the meeting packet, and made available to the public
onp wpek at least three (3) days prior to the regular meeting. Agendas will be available
CD. Agenda Additions
_.._......__-
--- ..._..., .... .... ... ...
_ ....._ ._... _ .._.__._.._.. _....__, ..._ _.._.. _.._..._, ..
h^fom th^ ^c;,;^^ h' An item may be added to the agenda less than sixteen (16)
days prior to a meeting, but before the meeting packet has been distributed, if the
request to add the item is submitted by the mayor, by two or more assembly
members, or by the manager, and is approved for addition by the mayor. After
distribution of a meeting packet, the agenda may be amended to add or delete items
only if the assembly, by a majority vote, approves a "motion to amend the agenda,"
to add or delete items from the published agenda during the course of a meeting
subiect to the limitations in this section. Provided. however. that no action item
may be added in this manner
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(1) An action item is an item which:
a. Introduces an ordinance;
b. Requires an ordinance;
c. Requires a resolution;
d. Is a resolution;
e. Awards a contract (except as provided in subsection D(2)(c) of this section);
C Expends budgeted funds or authorizes expenditure of budgeted funds in excess
of an amount the manager could expend without assembly approval; or
g. Is a matter which, due to its significant or complex nature, requires more
extensive public notice.
(2) This provision is intended to allow addition of items which are in the nature of:
a. Requests or directives that the borough manager, borough clerk, or borough
attorney investigate and report on an issue, or prepare item for future
consideration by the assembly ;
b. Internal borough administrative matters including matters relating to the
employment and supervision of assembly employees;
c. Naming of mayoral appointees selected when the fact of the appointment has
appeared on the published agenda and the name(s) of the appointee(s) have been
made available at the start of the meeting;
d. Naming of the recipient for award of a contract when the consideration of the
contract award has appeared on the published agenda and the recommended
awardee is made available at the start of the meeting;
e. Is for purposes of receiving information only without making a decision; or
f. Other minor matters of the same nature as those listed in subsections D(2)(a)
through D(2)(e) of this section.
E. Reading of Minutes. Unless a reading of the minutes of an assembly meeting is
requested by the assembly, minutes may be approved without reading if the clerk
previously furnished each member with a copy thereof.
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F. Staff Request for Input. If the manager, clerk, or other staff request assembly
comment or input on an issue during the meeting, but a decision by the assembly
is not required, or the request is for placing the topic on a future agenda, the topic
identified by staff need not be added to the agenda, but no vote may be taken and
no decision may be made.
Section 5: That Section 2.30.070 Ordinances, resolutions, and motions of the Kodiak Island
Borough Code of Ordinances is amended to read as follows:
2.30.070 Ordinances, Feselutions, and ^n^'°^
A. A^ ^.,d...^^^^ +.^ d.. ^ .a..,,. iR the f,,..., . .^,d by the assembly` B—The following
procedure governs the enactment of all ordinances, except emergency ordinances which are
specified in KIBC 2.30.075.
1. An ^r.d R RtFGd G^,d by a ernl;^r A Aernmittpie of the assembly, r by the RzlayeF 9F
MaaageF An ordinance shall be set by the assembly for a public hearing by the affirmative vote
of a majority four of the votes authorized on the que6tea motion;
2. At least five days before the public hearing, a summary of the ordinance shall be published
together with a notice of the date, time, and place for the hearing. At least six days shall lapse
between introduction and final passage;
3. Copies of the ordinance of resolution shall be made available to all ^^F^^^^ ^•^ at the
hearing, or the ordinance shall be read in full;
5. During the hearing, the assembly shall hear all interested persons wishing to be heard;
6. After the public hearing, the assembly shall consider the ordinance and may adopt it with or
without amendment;
7. The assembly clerk shall print a
copy of the ordinance for permanent retention.
B. An ordinance takes effect upon adoption or at a later date specified in the ordinance.
C. This section does not apply to an ordinance proposed under AS 04.11.507(d) relating to
procedure for local option elections.
D. Voting.
1. All assembly members present shall vote unless the assembly for special reason permits a
member to abstain, except no assembly member may vote on a questiea motion in which he
has a substantial financial interest. All motions to excuse a member shall be made before the call
of "ayes" and "noes" is commenced, and any member requesting to be excused from voting may
make a brief statement of the reasons for making such a request, and the vote shall be taken
without further debate.
2. If a member refuses to vote, the clerk shall record a vote for the prevailing side. The "prevailing
side" is the side that carried the motion and is described as follows:
a. If the gae6tiefl motion passed, having received the affirmative votes of the quorum, that is the
prevailing side; or
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b. If the question motion failed, having not received the affirmative votes of the quorum, that is
the prevailing side.
3. No member shall be allowed to explain his vote or discuss the question motion while the
"ayes" and "noes" are being called. A member may change his vote between the time of calling
for the vote by the clerk and the announcement of the result by the chair or the clerk. The chair
or the clerk shall ask if anyone wishes to change their vote.
4. The vote upon any quesiien motion shall be "ayes" and "noes" and shall be recorded in the
journal minutes of the assembly. In the case where only six members of the assembly are present
and there is a three/three tie vote of the assembly, the mayor may vote. No resolution, ordinance
or motion before the assembly shall be valid unless affirmed by a majority
the a66eFnbly is entitled en the que6 figUd vote of the assembly.
E. Numbering Ordinances and Resolutions. A number shall be assigned to each ordinance or
resolution by the clerk prior to introduction.
F. Ordinance and Resolution Passage Procedures. When passed by the assembly, an
ordinance or resolution shall be signed by the mayor and attested by the clerk; and it shall be
immediately filed and thereafter preserved in the office of the clerk.
G. Motions. When a motion is made and seconded, it shall be stated by the chair or, being in
writing, it shall be presented to the chair and read aloud before debate. The mover shall state his
motion in concise language and shall not discuss it nor his reason for making it until the motion is
seconded.
K. Privileged Motions. When a question is under debate, no motion shall be made except for the
following privileged motions which shall have precedence:
296 1. To adjourn;* n
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2. To recess;*
3. To raise a question of privilege;*
4. To call for the order of the day, or the regular order;`
5. To lay on the table;*
6. For the previous question;*
7. To limit or extend limits of debate;*
8. To postpone to a certain time;
9. To refer;
10. To amend;
11. To postpone indefinitely.
* Note: Not debatable.
When one of the above motions has been made, none of the others inferior to it in the order in
which they stand above shall be made and, in proceeding to vote, motions pending shall be put
in the order of their rank as above arranged. The first seven are not subject to debate.
A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended.
The motion to postpone to a certain time is the motion by which action on a pending question or
agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until
after a certain event.
The previous question may be demanded before an amendment, which motion shall be decided
without debate. A motion to adjourn shall always be in order; provided, that business of a nature
to be recorded in the journal has been defeated. No motion or proposition of a subject different to
that under consideration shall be admitted under cover of an amendment. When a matter has
been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such
matter shall, at the appointed time, or at any time subsequent thereto, be in order upon the call of
any member and take precedence over all other business.
L. Previous Question. The previous question may be ordered by a majority vote of the members
present upon all recognized motions which are debatable and shall have the effect to cut off all
debate and bring the assembly to a direct vote upon the motion before the assembly. The question
shall be put in this form: `The previous question has been moved and seconded; all those in favor
of calling the previous question say "aye"; all those opposed say "no."" The results of the motion
are as follows: If determined in the negative, the consideration goes on as if the motion had never
been made; if it is decided in the affirmative, the chair at once and without debate proceeds to put
the main motion as ordered. If an adjournment is after the previous question is ordered, the
subject comes up in its regular order at the next meeting and the previous question still operates.
M. Division of Question. The chair may divide the question or an assembly member may request
a division of a question.
N. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another
ordinance.
O. 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.
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P. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly
and has precedence over all motions except the motion to adjourn. An assembly member may
make a motion to reconsider only if:
1. The assembly member voted with the prevailing side on the question to be reconsidered. If an
ordinance, resolution, or other action which is the subject of a motion to reconsider was not
adopted on initial consideration because it did not receive the required number of "yes" votes,
then those assembly members voting "no" shall constitute the prevailing side regardless of the
relative number of "yes" and "no" votes cast on the question. An assembly member who changes
his vote in accordance with these rules shall be a member of the side on which his vote is finally
recorded by the clerk; and
2. The assembly member makes the motion to reconsider on the same day and at the same
meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration
requires a two-thirds vote to carry; or
3. Two assembly members file with the clerk, not later than 5 p.m. on the first borough business
day following the day on which the vote was taken, a notice of intent to reconsider and then makes
the motion to reconsider at the next regular assembly meeting. The assembly member can file by
telephone; provided, that the notice of intent to reconsider is signed before the motion is
considered. Such a motion for reconsideration requires a majority vote to carry. An assembly
meeting which is recessed and reconvened on a different day shall constitute one meeting. The
reconvened session of such a meeting shall not constitute the "next regular assembly meeting"
as that term is used in this section.
Only one motion to reconsider shall be entertained on any ordinance, resolution or other action
even if the assembly overturns the original action. If a motion to reconsider a particular ordinance,
resolution, or other action fails, a second motion to reconsider the same action shall not be in
order.
Q. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action
of the assembly except:
1. When the question could be reached by a motion to reconsider;
2. When something has been done, as a result of the vote on the main motion, that is impossible
to undo or persons have otherwise reasonably relied on the vote to their detriment (the
unexecuted part of an action, however, can be rescinded);
3. When the matter is in the nature of a contract, and the other party has been informed of the
vote; or
4. When a resignation has been acted upon, or a person has been elected to or expelled from
membership or office, and the person was present or has been officially notified of the action.
A motion to rescind may be made at any subsequent assembly meeting and there is no time limit
on when the motion can be made. A motion to rescind shall not be renewed during the same
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meeting at which it was made, but it may be reconsidered in the same manner as any other main
motion.
A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the
same vote as that required to pass the previously adopted action. There shall be no more than
one motion to rescind on a question. If the motion to rescind passes, the question on the main
motion is automatically before the assembly for further action, including amendment.
Section 6: That Section 2.30.100 Miscellaneous of the Kodiak Island Borough Code of
Ordinances is amended to include a new subsection G to read as follows:
2.30.100(G). Requests for Staff Assistance or Legal Opinions.
1. During a work session or a meeting, or by submitting a request for services on a
form provided by the borough clerk's office, any two or more members of the
assembly may request that the manager, clerk, or attorney prepare a proposed
ordinance or resolution to be submitted to the clerk for placement on the agenda in
accordance with section 2.30.060(C)(4).
2. During a work session or a meeting, or by submitting a request for services on a
form provided by the borough clerk's office, any two or more members of the
assembly, may request written legal opinions, relating to borough business, from
the attorney through the manager's or the clerk's office. Upon receipt of the legal
opinion, the clerk shall distribute it to all assembly members.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH DAY OF MAY. 2024
KODIAK ISLAND BOROUGH
!�-Cort n
Scott Arndt, Borough Mayor
Introduced by: Assembly Members LeDoux and Sharratt
First reading: 05/02/2024
Second reading/public hearing: 05/16/2024
AT EST:
VIA
�71 oil
Nova M. Javier, MMC, borough Clerk
VOTES:
Ayes: Sharratt, Smiley, Turner, Whiteside, Griffin, and LeDoux
Absent: Ames
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