FY2025-06 Title 2 Administration And Personnel And Title 3 Revenue And Finance In Order To Clarify The Interpretation Of The Two-Thirds Vote Of The Governing Body8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-06
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
VARIOUS SECTIONS IN TITLE 2 ADMINISTRATION AND PERSONNEL AND TITLE 3
REVENUE AND FINANCE IN ORDER TO CLARIFY THE INTERPRETATION OF THE TWO -
THIRDS VOTE OF THE GOVERNING BODY
WHEREAS, the code exhibits language inconsistencies and vague definitions when it pertains
to interpreting the "two-thirds vote" of the assembly; and
WHEREAS, it is crucial to address the inconsistencies and clarify vague language to prevent
misinterpretations when implementing these rules in legislation and actions approved by the
assembly; and
WHEREAS, according to KIBC 2.25.010, the assembly is composed of seven members elected
at large, representing the authorized membership. Therefore, a two-thirds of the authorized
membership equates to five votes and three -fourths vote equates to six votes.
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 2.20.090 of the Kodiak Island Borough Code of Ordinances is amended
to read as follows:
2.20.090 Vacancy in the office of the Mayor.
The assembly shall, by two-thirds concurring vote of the authorized membership of the
assembly, declare the office of mayor vacant only when the person elected:
A. Fails to qualify or take office within 30 days after election or appointment;
B. Unless excused by the assembly, is physically absent for 90 consecutive days;
C. Resigns and the resignation is accepted;
D. Is physically or mentally unable to perform the duties of office;
E. Is convicted of an offense involving a violation of the oath of office;
F. Is convicted of a felony or misdemeanor described in Alaska Statutes;
G. Is convicted of a violation of Alaska State Election Campaign laws; or
H. No longer physically resides in the borough.
Section 3: That Section 2.25.060 of the Kodiak Island Borough Code of Ordinances is amended
to read as follows:
2.25.060 Declaring and filling vacancies.
A. The assembly shall declare an assembly member's seat vacant when the assembly member:
1. Fails to qualify or take office within 30 days after election or appointment;
2. Is physically absent from the municipality for 90 consecutive days unless excused by
the governing body;
3. Resigns and the resignation is accepted;
Ordinance No. FY2025-06
Page 1 of 5
51 4. Is physically or mentally unable to perform the duties of office as determined by a two- a
52 thirds vote of the gaveming body authorized membership of the assembly;
53 5. Is convicted of a felony or of an offense involving a violation of the oath of office;
54 6. Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the
55 members of the geverAiag bed y authorized membership of the assembly concur in
56 expelling the person elected;
57 7. Is convicted of a violation of AS 15.13;
58 8. No longer physically resides in the municipality and the governing body authorized
59 membership of the assembly by a two-thirds vote declares the seat vacant; this
60 subsection does not apply to a member of the governing body who forfeits office under
61 AS 29.20.140(a); or
62 9. If a member of the governing body misses three consecutively held regular meetings
63 and is not excused.
64 B. If a member of the governing body misses one-half of the meetings held in any year of his or
65 her term of office, each year between November 1st and October 31st, the seat shall be
66 automatically vacated.
67 C. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared
68 vacant and more than 90 days remain in the term, then the clerk shall publish reasonable
69 public notice of the vacancy and, for 14 days after the first publication thereof, receive
70 applications from persons interested in being appointed to the vacant seat. The assembly
71 shall review the applications and may interview applicants. Not later than 30 days after the
72 seat is declared vacant, the assembly shall appoint from among the applicants a qualified
73 person to fill the vacant seat.
74 D. In appointing a person from among the applicants, the assembly shall utilize the voting a
75 procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer.
76 E. Notwithstanding subsection C of this section, if the membership of the assembly is reduced
77 to fewer than four assembly members, then the remaining assembly members shall appoint
78 as many qualified persons to the assembly as is necessary to once again constitute a quorum.
79 The assembly shall utilize any procedure which is reasonable under the circumstances in
80 making the appointments required by this subsection and shall make said appointments not
81 later than seven days after the quorum was reduced to less than four assembly members.
82 F. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a
83 successor shall be elected to fulfill the remainder of the unexpired term of office.
84
85 Section 4: That Section 2.25.180 of the Kodiak Island Borough Code of Ordinances is amended
86 to read as follows:
87
88 2.25.180 Resolution — Adoption.
89 Resolutions 6hall -be read aloud before any vote as taken unless aFnPIG GOPies are available, and
90
91 an eppeFtunity to behea,rd OR the re6GILitiens. Before any vote is taken, resolutions must be
92 read aloud unless there are sufficient printed copies of the resolutions provided during
93 the meeting.
94 After the heariag,4The assembly may pass or reject the resolutions, with or without amendments,
95 and no further hearirgor action is required.
96
97 Section 5: That Section 2.30.030 of the Kodiak Island Borough Code of Ordinances is amended
98 to read as follows:
99
100 2.30.030 Types of Meetings.
Ordinance No. FY2025-06 Page 2 of 5
101 A. Regular Meeting.
102 ...Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to
103 which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended
104 by a two-thirds vote of the authorized membership of the assembly, except the meeting shall
105 be extended to set the time and place for resumption of the meeting.
106 ...
107
108 Section 6: That subsections H, I, and M in Section 2.30.070 of the Kodiak Island Borough Code
109 of Ordinances is amended to read as follows:
110
111 2.30.070 Ordinances.
112 ..
113 D. Voting.
114
115 1. All assembly members present shall vote unless the assembly for special reason
116 permits a member to abstain, except no assembly member may vote on a motion
117 in which he has a substantial financial interest. All motions to excuse a member
118 shall be made before the call of "ayes" and "noes" is commenced, and any
119 member requesting to be excused from voting may make a brief statement of the
120 reasons for making such a request, and the vote shall be taken without further
121 debate.
122
123 2. If a member refuses to vote, the clerk shall record a vote for the prevailing side.
124 The "prevailing side" is the side that carried the question and is described as
125 follows:
126
127 a. If the motion passed, having received the affirmative votes of the quorum, that
128 is the prevailing side; or
129
130 b. If the motion failed, having not received the affirmative votes of the quorum,
131 that is the prevailing side.
132
133 3. No member shall be allowed to explain his vote or discuss the motion while the
134 "ayes" and "noes" are being called. A member may change his vote between the
135 time of calling for the vote by the clerk and the announcement of the result by the
136 chair or the clerk. The chair or the clerk shall ask if anyone wishes to change their
137 vote.
138
139 4. The vote upon any motion shall be "ayes" and "noes' and shall be recorded in the
140 minutes of the assembly. In the case where only six members of the assembly
141 are present and there is a three/three tie vote of the assembly, the mayor may
142 vote. No resolution, ordinance or motion before the assembly shall be valid unless
143 affirmed or denied by a majority (four) vote of the assembly.
144
145 ..
146
147 H. Privileged Motions. When a question is under debate, no motion shall be made except for the
148 following privileged motions which shall have precedence:
149 1. To adjourn;*
150 2. To recess;*
Ordinance No. FY2025-06 Page 3 of 5
151 3. To raise a question of privilege;*
152 4. To call for the order of the day, or the regular order;*
153 5. To lay on the table;*
154 6. For the previous question;*
155 7. To limit or extend limits of debate;*
156 8. To postpone to a certain time;
157 9. To refer;
158 10. To amend;
159 11. To postpone indefinitely.
160
161 * Note: Not debatable.
162
163 When one of the above motions has been made, none of the others inferior to it in the order in
164 which they stand above shall be made and, in proceeding to vote, motions pending shall be put
165 in the order of their rank as above arranged. The first seven are not subject to debate.
166
167 A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended.
168 The motion to postpone to a certain time is the motion by which action on a pending question or
169 agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until
170 after a certain event.
171 The previous question may be demanded before an amendment, which motion shall be decided
172 without debate. A motion to adjourn shall always be in order; provided, that business of a nature
173 to be recorded in the journal has been defeated. No motion or proposition of a subject different to
174 that under consideration shall be admitted under cover of an amendment. When a matter has
175 been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such
176 matter shall, at the appointed time, or at any time subsequent thereto, be in order upon the call of
177 any member and take precedence over all other business.
178 I. Previous Question. The previous question may be ordered by a majeFity vote of the MeMbArs
179 present two-thirds vote of the authorized membership of the assembly upon all recognized
180 motions which are debatable and shall have the effect to cut off all debate and bring the assembly
181 to a direct vote upon the motion before the assembly. The question shall be put in this f, rm. "The
182 pFeyieur, que6tie.n. has heen moved and seGended; all these in fw-rer of Galling the previous
183 question say 'ay ;ed say 'no."' The res, 0,; r)f thp motion are as follows: 1
184 d-etprmoned in the negative, the GOnsideFation goes on as- if the metion had ReveF been Fnade;
185
186
187
188 ..
189
190 M. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly
191 and has precedence over all motions except the motion to adjourn. An assembly member may
192 make a motion to reconsider only if:
193
194 1. The assembly member voted with the prevailing side on the question to be reconsidered. If an
195 ordinance, resolution, or other action which is the subject of a motion to reconsider was not
196 adopted on initial consideration because it did not receive the required number of "yes" votes,
197 then those assembly members voting "no" shall constitute the prevailing side regardless of the
198 relative number of "yes" and "no" votes cast on the question. An assembly member who changes
199 his vote in accordance with these rules shall be a member of the side on which his vote is finally
200 recorded by the clerk; and
Ordinance No. FY2025-06 Page 4 of 5
i
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
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 of the authorized membership of the assembly to carry; or
Section 7: That Section 2.30.100 of the Kodiak Island Borough Code of Ordinances is amended
to read as follows:
2.30.100 Miscellaneous.
A. Suspension of Rules. The standing rules or the order of business established by the assembly
may be suspended by a two-thirds vote of the authorized membership of the assemblytG Whieh
the assembly isentitled
Section 8: That Section 3.15.050 of the Kodiak Island Borough Code of Ordinances is amended
to read as follows:
3.15.050 Adoption — Vote required — Veto.
The budget shall be adopted by the favorable votes of at least a majority of all the authorized
membership of the assembly not later than the tenth of June through the adoption of an ordinance
setting forth the appropriation levels and the millage rate. The mayor may veto the ordinance,, but
his veto may be overridden by two-thirds vote of the authorized membership of a"'"Q.,-..e-vetes4e
wh sh the assembly ' .
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF SEPTEMBER, 2024
KODIAK ISLAND BOROUGH
WIN o / /�
FOR :.. . i.
Introduced by: Mayor Arndt and Assembly member Sharratt
First reading: 08/15/2024
Second reading/public hearing: 09/05/2024
VOTES:
Ayes: Griffin, Sharratt, Smiley, Turner, and Whiteside
Noes: None
M. Javier,
Clerk
Ordinance No. FY2025-06
Page 5 of 5