FY2025-10 FAILED TO INTRODUCE - Amending Title 2 Administration And Personnel, Chapter 2.30 Rules Of The Assembly, Section 2.30.070 Ordinances To Require Substantive Information Is Provided At The Time Of Filing For A Reconsideration1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-10
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.30 RULES OF THE ASSEMBLY,
SECTION 2.30.070 ORDINANCES TO REQUIRE SUBSTANTIVE INFORMATION IS
PROVIDED AT THE TIME OF FILING FOR A RECONSIDERATION AND CLARIFY THE
PROCEDURES IN THE EVENT OF A MAYORAL VETO
WHEREAS, the Borough Code currently allows for a reconsideration of any ordinance,
resolution, or action of the assembly during a meeting or if two assembly members file with the
clerk no later than 5 p.m. on the first borough business day follow the day on which the vote was
taken; and
WHEREAS, the Assembly desires to add a requirement in KIBC 2.30.070 that both members
filing a motion to reconsider by this method must have voted on the prevailing side; and requires
that the members filing a motion to reconsider by this method include a statement as to the reason
for requesting reconsideration at the time of filing in order to promote transparency; and
WHEREAS, this ordinance intends to clarify the procedures that the Assembly must adhere to
when a mayoral veto is submitted regarding an item that has been subject to a notice for
reconsideration.
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 2.30.070 of the Kodiak Island Borough Code of Ordinances is amended
to read as follows:
2.30.070 Ordinances.
M. A motion to reconsider maybe 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
Ordinance No. FY2025-10, Version 2
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41 member who changes his vote in accordance with these rules shall be a member of the side
42 on which his vote is finally recorded by the clerk; and
43 2. The assembly member makes the motion to reconsider on the same day and at the same
44 meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration
45 requires a two-thirds vote of the authorized membership of the assembly to carry; or
46 3. Two assembly members who have voted on the prevailing side file with the clerk, not
47 later than 5 p.m. on the first borough business day following the day on which the vote was
48 taken, a notice of intent to reconsider and then makes the motion to reconsider at the next
49 regular assembly meeting. When submitting the notice to reconsider, the filers are
50 required to provide a substantive statement as to the reason for filing the notice to
51 reconsider. If the notice does not contain a substantive statement, the assembly may,
52 by majority vote, deem the notice to reconsider out of order and refect it for not
53 meeting the substantive statement requirement. The assembly member can file by
54 telephone; provided, that the notice Ofo��t to reconsider is signed before the motion is
55 considered. Such a motion for reconsideration requires a majority vote to carry. An assembly
56 meeting which is recessed and reconvened on a different day shall constitute one meeting.
57 The reconvened session of such a meeting shall not constitute the "next regular assembly
58 meeting" as that term is used in this section.
59 4. A notice for reconsideration submitted to the clerk suspends the effectiveness of
60 the affected ordinance, resolution, or other action taken by the Assembly. When the
61 effectiveness of the assembly action has been suspended by reconsideration, the time
62 for exercise of the mayoral veto will begin to run end of the meeting at which a vote on
63 the motion to reconsider is completed and must be exercised at the following regular
64 meeting.
65 Only one motion to reconsider shall be entertained on any ordinance, resolution, or other action
66 even if the assembly overturns the original action. If a motion to reconsider a particular ordinance,
67 resolution, or other action fails, a second motion to reconsider the same action shall not be in
68 order.
69 Effective Date: This ordinance takes effect upon adoption.
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71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
72 THIS DAY OF , 2024
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74 KODIAK ISLAND BOROUGH
75
76 ATTEST:
Ordinance No. FY2025-10, Version 2 Page 2 of 3
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Scott Arndt, Borough Mayor
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Nova M. Javier, MMC, Borough Clerk
Introduced by: Assembly member Whiteside and Sharratt
First reading/Failed: 11/21/2024
VOTES:
Noes: Ames, Griffin, LeDoux, and Smiley
Ayes: Sharratt
Absent: Johnson and Whiteside
Ordinance No. FY2025-10, Version 2
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