FY2025-15 Amending Title 2 Administration And Personnel Chapter 30 General Rules Section 2.30.020 To Allow Electronic Participation Of Mayor And Assembly Members To MeetingsI
KODIAK ISLAND BOROUGH
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ORDINANCE NO. FY2025-15
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AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
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TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.30 RULES OF THE ASSEMBLY
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TO PERMIT ELECTRONIC PARTICIPATION BY THE MAYOR AND ASSEMBLY MEMBERS
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IN ASSEMBLY MEETINGS
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WHEREAS, the Kodiak Island Borough Assembly desires to permit the Mayor and Assembly
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members to participate electronically during meetings; and
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WHEREAS, it is necessary to amend the Borough code to provide for such participation.
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
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BOROUGH that:
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Section 1: This ordinance is of a general and permanent nature and shall become a part of the
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Kodiak Island Borough Code of Ordinances.
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Section 2: That Section 2.30.020 General Rules of the Kodiak Island Borough Code of
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Ordinances is amended to read as follows:
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2.30.020 General rules.
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A. Public Meetings. All official meetings of the assembly shall be open to the public. The journal
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of proceedings shall be open to public inspection. I.^1hp^ a. d aster has h^^^ deAlaFe
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,
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bFeadGaSti be limited.
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B. Quorum. Four members of the assembly shall constitute a quorum. Attendance of assembly
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be be � `e!eGGRfe..,.. 8, er. for. eFk s...,...ons and
members shall „ , sen and ^ et 8X pt
^ pe w, .,�
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^ eetiRgs by electronic participation is permittedaslong as four assembly
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members are present in person at the meeting. If four assembly members are not present in
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person at the meeting, the meeting shall be adjourned and rescheduled. In the event of an
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emergency meeting, the provisions set in AS 44.62.310 shall be followed.
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C. Absences. Ne r rune. of the . tie + himself from . regular OF speGlal
assembly
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for that abt abse Assembly members are required to attend all meetings unless there is a valid
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reason for their absence. If an assembly member cannot attend a meeting, they must inform
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the clerk of their intended absence provide the reason for it, and indicate whether they plan
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to participate electronically. During the course of the meeting from which the member is
absent, the chairperson shall cause the record to reflect the absence of the member, the
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reason for the absence and whether the absence is excused by the assembly.
Ordinance No. FY2025-15 Page 1 of 4
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D. Rules of Order. "Robert's Rules of Order Current Edition" shall govern the proceedings of the
assembly in all cases, unless they are in conflict with these rules. When such a conflict exists,
this chapter prevails.
E. If A dPGIAF9tiQR of a disasteF GF emergenGy has been issued by the President of the United
States, the GE)VeFRer ef Alaska, GF the - BG 2.110.030)
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the deGlarat on is in effect, and assembly meFnbeFS Fnay paFtlGipate by telenenferenne. AR
GeURted as paFt ef a queFum even Of they are not phys Gaily present for i.A.fork- qPminns. The
eM8FgeRGY feF a peFied ef 30 days a#eF WhiGh the assembly shall vete OR a FagylaF Meeting to
assembly shall revisit the declaration every 30 days until Such time as the rierlaration is set
Section 2: That Section 2.30.025 Electronic participation in meetings is added in the Kodiak
Island Borough Code to read as follows:
2.30.025 Electronic participation in meetings.
A. The mayor and assembly members are permitted to participate in all types of assembly
meetings electronically, with the exception of executive sessions. This option is provided for
the convenience of the mayor and assembly members who are unable to be present in person
due to the following circumstances:
1. Illness or injury of the mayor or assembly member or their family member.
2. The passing of a family member.
3. Obligations related to their employment.
4. Responsibilities pertaining to borough business.
5. Out-of-town commitment that prevents the mayor or assembly member from attending
in person.
B. Those who participate electronically will be considered present for all intents and purposes
while they are actively engaged, and they should strive to participate in the entire meeting.
C. If the mayor participates electronically in a meeting, the deputy presiding officer who is
physically present will function as the chair to conduct the meeting and see that the rules are
observed. If the deputy presiding officer is not physically present or disqualifies himself, the
most senior assembly member who is physically present shall function as the chair.
D. Prior to the meeting, reasonable efforts will be made to ensure that those participating
electronically are provided with the meeting agenda and other pertinent documents to be
discussed and/or acted upon; access to the agenda and documents from the borough website
will be considered sufficient access.
Ordinance No. FY2025-15 Page 2 of 4
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88 E. "Electronic participation" under this section shall include any means through which the mayor
89 or an assembly member may participate remotely, to include being able hear and engage in
90 discussion, and being audible to all persons participating in the meeting. The electronic
91 participation method used must enable those who attend remotely, for the duration of the
92 meeting, to clearly hear and to be clearly heard by those present. For regular meetings, it is
93 essential that participation occurs via video conferencing, and each participant must have a
94 functioning video camera in order to participate.
95 F. The Mayor and assembly members are allowed to attend a maximum of four regular meetings
96 electronically each year, spanning from November 1 to October 31. There are no limitations
97 on the number of electronic participations for work sessions and special meetings.
98 G. Electronic participation procedures. Unless precluded by technical difficulties or waived by
99 assembly members in attendance, the following procedures apply to electronic participation.
100 1. Notification to the borough clerk shall occur 24 hours prior to the meeting of the request
101 to participate electronically. If notice is not provided 24 hours prior to the meeting,
102 electronic participation shall not be allowed, unless approved by the mayor prior to 5
103 p.m. the day of the meeting.
104 2. The mayor and up to the first three assembly members who notify the borough clerk
105 24 hours prior to the meeting may participate by electronic participation as long as four
106 assembly members will be present in person at the meeting. If four assembly members
107 are not present in person at the meeting, the meeting shall be adjourned and
108 rescheduled.
109 3. The borough clerk shall open the electronic connection at least fifteen minutes prior to
110 the start of the meeting. After a connection is established and it is time for the meeting
111 to commence, the mayor, or person presiding over the meeting, shall call the meeting
112 to order.
113 4. The Kodiak Island Borough shall incur any communication charges for electronic
114 participation.
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116 Section 3: That Section 2.30.030 Types of Meetings of the Kodiak Island Borough Code of
117 Ordinances is amended to read as follows:
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119 2.30.030 Types of meetings.
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121 F. Executive Sessions. The assembly may meet in executive session, at the call of the mayor,
122 deputy presiding officer, or any four members of the assembly, only during a regular or special
123 meeting, to privately discuss matters of confidential concern to the well-being of the borough
124 government. An executive session may be listed on the agenda or may be convened where
125 appropriate concerning an item which appears on the published agenda. Electronic
126 participation is not allowed during executive sessions.
127 1. Upon adoption of a motion stating the purpose for an executive session, the assembly
128 in closed session may discuss:
129 a. Potential or pending litigation to which the borough may become, or is, a party;
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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.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTEENTH DAY OF APRIL, 2025
KODIAK ISLAND BOROUGH
S, oott�'2 ,
Scott Arndt, Mayor
Introduced by: Assembly member Johnson
First reading: 04/03/2024
Amended: 04/03/2024
Second reading/public hearing: 04/17/202E
VOTES:
Ayes: Griffin, Johnson, Sharratt, Whiteside, and Ames
Noes: Smiley
Absent: LeDoux
ATT T:
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Nova M. Javier, MMC, orough Clerk
Ordinance No. FY2025-15
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