FY2025-07 Amending KIB Code Section Definitions And Executive Absence To Clarify The Role, Responsibilities, And Pay Incentives Of The Administrative Official1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-07
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE SECTION 1.10.030 DEFINITIONS AND SECTION
2.20.080 EXECUTIVE ABSENCE TO CLARIFY THE ROLE, RESPONSIBILITIES, AND PAY
INCENTIVES OF THE ADMINISTRATIVE OFFICIAL
WHEREAS, a clear procedure for administration needs to be in place in the event of an
emergency or other pressing issue during the absence of the Borough Manager; and
WHEREAS, AS 29.20.260 provides that for a manager form of government the assembly shall
designate, by resolution, an administrative official to act as manager during the manger's
absence; and
WHEREAS, the Assembly finds that coordination between the manager and the administrative
official is more consistent and effective if the manager nominates a person for designation as
administrative official by the Assembly by resolution confirming the selection.
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 1.10.030 of the Kodiak Island Borough Code of Ordinances is
amended to read as follows:
1.10.030 Definitions.
As used in the ordinances and resolutions of the Kodiak Island Borough, unless the context
otherwise requires:
"Administrative official" means the individual nominated by the manager and designated by
assembly resolution confirming the nomination to act as manager during the manager's
absence or disability, or selected and designated by the assembly by resolution if the
manager's position is vacant;
"Assembly" means the elected governing body of the Kodiak Island Borough;
"Attorney" means the legal advisor of the governing body and other officials of the borough;
"Borough" means the Kodiak Island Borough;
"Clerk" means the borough clerk duly appointed by the assembly;
"Code" means the code of ordinances of the borough;
"Deputy presiding officer" means the deputy presiding officer of the assembly appointed by the
assembly;
Ordinance No. FY2025-07 Page 1 of 5
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"Law" includes ordinances of the borough;
"Manager" means the chief administrator of the borough;
"Mayor" means the elected mayor of the borough and presiding officer to the assembly;
"Oath" means an oath or an affirmation in all cases whereby law an affirmation may be submitted
for an oath and in such case the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed";
"Owner," as applied to building or land, means an owner, part owner, tenant in common, or tenant
by the entirety of the whole or part of the land or building;
"Person" means a corporation, partnership, firm, association, organization, business, trust, or
society as well as a natural person;
"Registered mail" means registered or certified mail;
"School board" means those persons elected to the Kodiak Island Borough School Board of
Education; and
"Seal" means the corporate seal of the borough.
Section 3: That Section 2.20.010 of the Kodiak Island Borough Code of Ordinances is
amended to read as follows:
2.10.010 Appointment of officers.
The manager, Jerk, and attorney shall be appointed by the assembly. All
other officers and employees will be appointed by the manager except that the director of finance
and the administrative official shall also be confirmed by the assembly as provided in KIBC
2.70.010 and KIBC 2.45.0301B1. Officers serve at the pleasure of the appointing authority.
Section 4: That Section 2.20.080 of the Kodiak Island Borough Code of Ordinances is
amended to read as follows:
2.20.080 Executive absence.
A— In the mayor's absence, the deputy presiding officer shall preside at all regular and special
meetings and perform the duties assigned by the mayor or assembly.
the mayGF's teR;pGFaFy abGeRGe GF disability. if a manager plan has beeR adepted, the assembly
maRagep's absence or disability.
Section 5: That Chapter 2.45 of the Kodiak Island Borough Code of Ordinances is hereby
amended as follows:
Chapter 2.45
BOROUGH MANAGER
Sections:
2.45.010 Borough manager.
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2.45.020 Appointment.
2.45.025 Term of office.
2.45.030
Powers and duties.
2.45.040
General provisions.
2.45.050
Oath of office.
2.45.060
Bonding.
2.45.070
Repealed.
2.45.080
Administrative Official — Appointment.
2.45.090
Administrative Official — Qualifications.
2.45.100
Administrative Official — Duties.
2.45.110
Administrative Official — Compensation.
The administrative power of the borough is vested in the borough manager. The manager is and
shall be the chief administrative officer of the borough. The manager has and shall have all of the
powers and duties set forth in the Alaska Statute presently numbered AS 29.20.500, other powers
and duties elsewhere prescribed by law, and as set forth in this code. The manager has the
supervision and control, directly and indirectly, over all administrative departments, agencies,
directors, and all other employees of the borough except the borough clerk, borough clerk's office
employees, and the borough attorney.
2.45.020 Appointment.
The assembly has, and shall hereafter have, whenever pertinent, the power to appoint a manager
by a majority vote of its membership. The assembly shall choose a manager solely on the basis
of his executive and administrative qualifications, and he shall receive the compensation set by
the assembly. An assembly member may not be appointed manager of the borough sooner than
one year after leaving office, except that, by a vote of three -fourths of its authorized membership,
the assembly may at any time appoint one of its members as manager.
2.45.025 Term of office.
Subject to the contract of employment, the manager holds office at the pleasure of the assembly.
2.45.030 Powers and duties.
The manager, as the chief administrative officer, is responsible for the proper administration of all
borough affairs. The manager shall:
A. Appoint borough employees and department directors, except as otherwise provided by this
code; 4e-may hire necessary administrative assistants, as authorized by budget, and appoint,
suspend, or remove subordinates;
B. Nominate an administrative official, subject to designation by assembly resolution
confirming the nomination, to act as manager during the manager's absence or disability:
C. Suspend or remove by written order borough employees or department directors except as
provided otherwise in this code;
SD. Supervise enforcement of the borough laws and carry out the directives of the assembly;
DE. Prepare and submit the annual budget and capital improvement programs for the assembly;
€F. Execute the budget and capital improvement program as adopted;
F-G. Make monthly reports to the assembly on borough finances and operations;
GH. Report to the assembly at the end of each fiscal year on the finances and administrative
activity of the borough;
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141. Prepare and make available for public distribution an annual report on borough affairs,
11. Serve as personnel officer unless the assembly authorizes appointment of a personnel officer,
dK. Direct and supervise the administration of:
1. The function of all department directors and employees except as provided otherwise in this
title;
2. The care and custody of all borough buildings and of all real and personal property of the
borough, except as provided otherwise by AS 29.35.160;
3. The construction, maintenance and operation of all borough roads, bridges, drains, buildings,
and other public works; and
KL. Execute other powers and duties specified by Alaska law or lawfully prescribed by the
assembly.
2.45.040 General provisions.
A. The activities under the direction and supervision of the manager shall be distributed among
the departments established by ordinance.
B. Each department shall be administered by a director appointed by and subject to the direction
and supervision of the manager unless provided otherwise by law. With the consent of the
assembly, the manager may serve as the director of one or more departments. With the consent
of the assembly, the manager may appoint one person as the director of two or more departments.
C. Any department director appointed by the manager maybe suspended or removed by written
order of the manager.
2.45.050 Oath of office.
Before taking the office of manager, the manager shall affirm in writing that the duties of the
manager will honestly, faithfully, and impartially be performed. The oath shall be filed with the
clerk.
2.45.060 Bonding.
The manager, and other municipal department directors or employees which the assembly shall
designate, shall give bond in the amount and with the surety prescribed by the assembly with
premiums to be paid by the borough.
2.45.070 Repealed.
2.45.080 Administrative Official - Nomination and Designation.
The administrative official is nominated by the borough manager and designated by
assembly resolution confirming the nomination to act as manager during the manager's
absence or disability.
2.45.090 Administrative Official - Preferred Qualifications.
1. A full-time employee of the Kodiak Island Borough for a minimum of two years;
2. Meets the qualifications by education and experience of the office to which the
employee holds;
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3. Physically located in Kodiak during the appointment and throughout the duration of
4.
2.45.100 Administrative Official — Duties.
The designated administrative official shall oversee the management of the borough's
administrative affairs, ensuring the continuity of policies and procedures enacted by the
borough manager. The administrative official shall have only those powers necessary to
deal with borough administrative affairs until the manager's return. The administrative
2.45.110 Administrative Official — Compensation.
nfficiaPs dufiac_ /Framnipr sins nnn hasp rate * 1n"/ o sin SnnlgnRn hnurs in a wnrk vpar o
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS NINETEENTH DAY OF SEPTEMBER, 2024
KODIAK ISLAND BOROUGH
l
Scott Arndt, Borough Mayor _
M. Javier, MMC, Bo
Introduced by: Assemblymember Ryan Sharratt
First reading: 09/05/2024
Second reading/public hearing: 09/19/2024
VOTES:
Ayes: LeDoux, Sharratt, Smiley, Turner, Whiteside, Ames, and Griffin
Noes: None
h Clerk
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