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FY2017-26 Amending KIBC Title 2 Administration And Personnel, Chapter 2.30 Rules of The Assembly, Section 2.30.040 Organization And Deputy Presiding Officer To Clarify The Role Of The Mayor In Appointing A Deputy Presiding Officer Or A New Assembly Member1 2 3 4 5 6 7 8 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 Introduced by: Mayor Rohrer Drafted by: Borough Clerk Introduced on: 02/02/2017 Public Hearing Date: 02/16/2016 Adopted on: 02/16/2016 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-26 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.30 RULES OF THE ASSEMBLY, SECTION 2.30.040 ORGANIZATION AND DEPUTY PRESIDING OFFICER TO CLARIFY THE ROLE OF THE MAYOR IN APPOINTING A DEPUTY PRESIDING OFFICER OR A NEW ASSEMBLY MEMBER IN CASE OF A TIE WHEREAS, KIBC 2.30.040 lays out the procedure for the election of a deputy presiding officer and the same provision is used for appointing an Assembly member to a vacated seat; and WHEREAS, an amendment to this section is necessary to provide for a mechanism to resolve a tie and to avoid an impasse; and WHEREAS, KIBC 2.30.070 (F)(4) provides that the Mayor may vote in case of a three/three tie vote and Alaska Statute 29.20.250 provides further guidance which states 'The mayor may not vote, except that the mayor of a first class city or a mayor of a borough with a manager form of government may vote in the case of a tie'; and 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 2.30.040 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.30.040 Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly's pleasure. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-26 Page 1 of 2 Version 1 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF FEBRUARY, 2017. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, VOTES: Ayes: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, VanDaele Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-26 Page 2 of 2 Version 1