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2017-11-09 Work SessionPage 2-40 Kodiak Island Borough Assembly Work Session Thursday, November 9, 2017, 6:30 p.m. School District Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting. 1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS a. Assembly Policy Manual Output Document (AS - 0716) - Pdf b. Review of the Alaska Municipal League Priorities and Resolutions Output Document (AS - 0499) - Pdf C. Strategic Planning Process 4. CLERK'S COMMENTS 5. ASSEMBLY MEMBERS COMMENTS 6. MAYOR'S COMMENTS Visit our website at www.facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 1 of 85 AGENDA ITEM #2. a. KODIAK ISLAND BOROUGH STAFF REPORT rdo NOVEMBER 9. 2017 .4 ASSEMBLY WORK SESSION e SUBJECT: Assembly Policy Manual e❑3MI:L'tiL7-.AiZGPf- 17mr--I'i RECOMMENDATION: Adopt the Assembly Policy Manual by Resolution. Future amendments to the Policy Manual will be done by resolutions also. DISCUSSION: The attached DRAFT Assembly Policy Manual (APM) is presented at the request of the Assembly. The Assembly directed that policy directives be drafted and assembled in a form of an Assembly Policy Manual (APM) to promote routine handling of various categorical business practices. The APM will guide the Assembly and Administration In carrying out the public process. Establishment of the assembly policy manual and amendments will be carried out by a resolution of the Assembly. The goal of this document is to formalize and consolidate the standard operating policies and procedures of the Assembly. In reviewing the document, the Blue Italicized Text are directives that were derived from KIB code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions. They are generally followed by a citation in brackets indicating the particular section of the code, resolution, or statutes. Revisions of the Blue Italicized Text cited from the Borough Code will require an ordinance. Aside from the directives cited above, the APM also incorporates the following resolutions that were adopted by the Assembly in the past. Resolution No. FY2017-33, Communication with the School Board Resolution No. FY2014-25, Travel to rural communities Resolution No. FY1998-22, Alaska Public Records Act ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Research and backup information provided in the paper copies includes Policy Manuals of other communities. Also included was the entire Title 2BIue Italicized Text are the provisions that were incorporated in the APM. Kodiak Island Borough Page 2 of 85 Assembly Policy Manual AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 9, 2017 "' ASSEMBLY WORK SESSION �r Kodiak Island Borough Page 3 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 4 of 85 Assembly Policy Manual KODIAK ISLAND BOROUGH KODIAK, ALASKA Y I dwa rv�' ALASKA ASSEMBLY POLICY MANUAL (APM) Latest Revision Date: Draft 3 — October 11, 2017 Resolution No. FY2018-XX Page 4 of 85 Assembly Policy Manual AGENDA ITEM #2.a. FOREWORD In 2017, the Assembly directed that policy directives be drafted and assembled In a form of an Assembly Policy Manual (APM) to promote routine handling of various categorical business practices. The APM will guide the Assembly and Administration in carrying out the public process. Establishment of the assembly policy manual and amendments will be carried out by a resolution of the Assembly. Blue Italicized Text — these are directives that were derived from KIB code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions. They are generally followed by a citation In brackets Indicating the particular section of the code, resolution, or statutes. Black, bottled, underlined text Is NEW language. Below is a legislative history of the Assembly Policy Manual and Its amendments: r . I fd i '6Y w �} M y Date Resolution No. Brief Description FY2018•XX Establishment of the rules of procedure FY2017.33 Communication with the Board of Education Policy No. X.X FY2014-25 Travel to rural communities Policy No. 5.3 FY1998-22 Alaska Public Records Act Policy No. 4.9 Clark's note for future reference: Changing blue Italicized text would require an ordinance. When changing the code, it is a good Idea to Include broad general statements and refer to the APM for details. Page 2 of 37 DRAFT #3 (Revised 1 110112 0 1 7) Blue Italicized test derived ft. KIB code, Alaska Statutes, Robed's Rules or Order, or Assembly resolutions Black. bolded. underlined text Is NEW lanouaoa Page 5 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 3 of 37 DRAFT #3 (Revised 11/01/2017) Blue itallclzed tezf denved from KIB code, Alaska Slatules, RobeH's Rules of Order, or Assembly resolutions Black. bolded, underlined from is NEIN lannuane Page 6 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 7 of 85 Assembly Policy Manual Table of Contents SECTION 1 — GENERAL PROVISIONS................................................................................................7 Policy No. 1.10 -Assembly Meetings — Location And Time............................................................7 Policy No. 1.20—Executive Sessions.................................................................................................7 Policy No. 1.30 - Assembly Agenda....................................................................................................8 PolicyNo. 1.40 — Parliamentarian.......................................................................................................9 Policy No. 1.50 — Assembly Minutes...................................................................................................9 Policy No. 1.60 - Deputy Presiding Officer.........................................................................................9 Policy No. 1.70 -Attendance And Absences .......... -:...................................................................... 10 SECTION 2—APPOINTED AND CONFIRMED OFFICIALS.....—................................................... 31 Policy No. 2.10 -Appointed Officials................................................................................................. 11 Policy No. 2.20 — Confirmed Officials................................................................................................ 12 SECTION 3—DUTIES, PRIVILEGES, AND BENEFITS OF MEMBERS ....................................... 13 Policy No. 3.10 - Forms Of Address.................................................................................................. 13 Policy No. 3.20 - Seating Arrangement ....... ............... .-......................... .......................................... 13 Policy No. 3.30 — Compensation....................................................................................................... 13 Policy No. 3.40 — Members Representation Of Assembly Position ............................................ 13 Policy No. 3.50 - Mayor's Representation Of Assembly Position ................................................. 13 Policy No. 3.60—Official written Communications......................................................................... 14 SECTION 4 —ASSEMBLY PROCEDURES........................................................................................ 15 PolicyNo. 4.10 - Rules Of Order....................................................................................................... 15 Policy No. 4.20—Assembly Debate.................................................................................................. 15 PollcyNo. 4.30 — Motions................................................................................................................... 1s Policy No. 4.40 - Order Of Business.................................................................................................1s PolicyNo. 4.50 - Citizens Rights ... ........................................................... _..... ».............. ................... 16 PolicyNo. 4.60 —Voting ...................................................................................................................... 17 Policy No. 4.70 - Enacted Ordinances, Resolutions, And Motions ............................................... 17 PolicyNo. 4.80 - Resolutions............................................................................................................ 18 PolicyNo. 4.90 — Ordinances............................................................................................................. 18 Policy No. 4.100 - Request For Legal Opinions.............................................................................. 1s Policy No. 4.110 — Reconsideration.................................................................................................. 19 Page 4 of 37 DRAFT #3 (Revised 1 110 112 0 1 7) Blue Italicized text derived from KIB code, Alaska Statutes, Robert's Rules or Order, cr Assembly resolutions Black, battled, underlined text Is NEW lanuuaoe Page 7 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 8 of 85 Assembly Policy Manual PolicyNo. 4.120 — Mayoral Veto....................................................................................................... 20 Policy No. 4.130—Teleconference Procedures.............................................................................. 20 Policy No. 4.140 - Giving Direction To Appointed Officials ............................................................ 20 SECTION 5 - ASSEMBLY TRAVEL...................................................................................................... 22 PolicyNo. 5.10 - Mayor's Travel........................................................................................................ 22 Policy No. 5.20 — Assembly Travel.................................................................................................... 22 Policy No. 5.30 - Assembly Travel To Rural Communities........................................................... 23 Policy No. 5.40—Travel For Lobbying Efforts................................................................................. 23 SECTION 6 — SPECIAL CONSIDERATIONS FOR ASSEMBLY MEMBERS ................................ 24 Policy No, 6.10 — Reserved (Code of Ethics).................................................................................. 24 Policy No. 6.20—Conflict Of Interest................................................................................................ 24 Policy No. 6.30 - Simultaneous Employment Or Personal Service Contracts By Mayor And Assembly Members Prohibited.......................................................................................................... 24 Policy 6.40 - Communications With Staff ......................................................................................... 25 SECTION 7 - SOCIAL MEDIA, COMPUTER RESOURCES, EMAIL COMMUNICATION, AND CELLPHONE USE.............................................................................................................................. 26 PolicyNo. 7.10 — Social Media .......................................................................................................... 26 Policy No. 7.20 — Computer Resources............................................................................................ 26 Policy No. 7.30 - E-mail Communication.......................................................................................... 27 Policy No. 7.40 — Cell phone use during meetings......................................................................... 27 Section 8 — Boards, Committees, and Commissions......................................................................... 28 Policy No. 8.10 — Mayoral Appointments.......................................................................................... 28 Policy No. 8.20 — Assembly Appointments...................................................................................... 28 Policy No. 8.30 — Elected Service Area Board Members............................................................... 28 Policy No. 8.40 — Other Appointments.............................................................................................. 29 Policy No. 8.50 — Filling vacancies.................................................................................................... 29 EXHIBITS...... ................. .................. . .................................................................................................... 31 Exhibit A— KIB Social Media Policy.................................................................................................. 32 Exhibit B — KIB Computer Resources Policy................................................................................... 36 Page 5 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized ter( derived from KIB code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black, bolded. underlined test Is NEW lanouaae Page 8 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 6 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized'm" derived Imm KIS catla, Alaska Statutes, Robert's Rules a/Order, or Assembly resolutions Black bolded. untlerlinad text Is NEW lanauaee Page 9 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 10 of 85 Assembly Policy Manual SECTION 1 — GENERAL PROVISIONS Policy No. 1.10 - Assembly Meetings — Location And Time A. Regular meetings. The Assembly meets in the Borough Assembly chambers and the meetings commence at 6:30 p.m. on the first and third Thursdays of each month. Meetings shall adjourn at 10.30 p.m. unless the time is extended by the majority of the Assembly. No meeting shall be extended beyond 11 p.m. (KIBC 2.30.030A.) B. Special meetings. The mayor, Deputy Presiding Officer, or three Assembly members may call a special meeting. The calendar for a special meeting shall be as follows: roll call, citizens' comments, consideration of matters in the call for the special meeting, and adjournment. Matters not Included In the call for the special meeting may not be considered (KIBC 2.30.0308.) C. Work Sessions. The Assembly may meet in work sessions to review forthcoming programs, receive progress reports, and other information from the Manager. No formal actions are taken by the Assembly during work sessions. Regular work sessions commence at 6:30 p.m. and adjourn at 10:30 p.m. (KIBC 2.30.030D.) D. Executive Sessions. The Assembly may meet in executive session, at the call of the mayor, Deputy Presiding Officer, or any. four Assembly members only during a regular or special meetings (KIBC 2.30.030F). Policy No. 1.20 — Executive Sessions A. KIBC 2.30.030(F), Executive Sessions. The Assembly may meet in executive session, at the call of the mayor, Deputy Presiding Officer, or any four members of the Assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well-being of the Borough government. 1. Upon adoption of a motion stating the purpose for an executive session the Assembly in closed session may discuss: a. ,Potential or pending litigation to which the Borough may become oris a party; b. Any matter the immediate public knowledge of which would tend to affect adversely the finances of the Borough; a 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. 2. This section does not apply to quasi-judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. B. AS 44.62.310(b), If permitted subjects are to be discussed at a meeting in executive session, the meeting must first be convened as a public meeting and the question of holding an executive session to discuss matters that are listed in (c) of this section shall be determined by a majority vote of the governmental body. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private. Page 7 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized text derived Irem KIB code, Alaska Statutes, Robert's Rules o/ Order, or Assembly resolutions Black, bolded. underlined text Is NEW lanauaae Page 10 of 85 Assembly Policy Manual AGENDA ITEM #2. a. Page 11 of 85 Assembly Policy Manual Subjects may not be considered at the executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations. 1. The following subjects may be considered in an executive session: a. matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity; b. subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion; c. matters which by law, municipal charter, or ordinance are required to be confidential; d. matters involving consideration of government records that by law are not subject to public disclosure. C. Multiple executive sessions on the agenda must be dealt with separately for the following reasons, 1. The motion callino for an executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the sublect in private. 2. A well stated motion needs to Identify the legal grounds being relied upon. Each session may have different legal grounds being relied upon, different notice requirements and different actions taken. 3. If an executive session is challenged, the court will need to know what the subiect was and why it qualified for executive session treatment. 4. It is important to property describe the subiect matter to be discussed In the motion because anvthino not mentioned in the motion cannot be discussed In the executive session. 5. Subiects may not be considered at the executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question. 6. Keeping the subiecls separate keep the discussion on track and protects the governing body from allegations of inappropriate discussions 7. There may be Assembly members and staff members that could be disqualified from Participating in the executive sessions. Invitations to Participate should be done as a separate motion for each session. Policy No. 1.30 • Assembly Agenda A. Agenda. The mayor shall determine items for the agenda of the Assembly, subject to Assembly approval. A member of the Assembly, delegate to the Assembly, the Manager, or the mayor may submit items to the Clerk to be placed on the agenda. No business may be transacted nor any measure considered that Is not on the agenda. The Clerk shall prepare an agenda for each regular meeting after consulting with the mayor, and Manager. The agenda shall be distributed to Assembly members, along with the meeting packet, one week prior to the regular meeting. Agendas will be available for the public not less than 24 hours prior to the meeting (KIBC 2.30.060B). B. Agenda Additions. A subject not on the agenda may be considered only by unanimous consent, and when the time for its consideration arrives, the chair shall lay it before the Assembly (KIBC 2.30.060C). Page 6 of 37 DRAFT #3 (Revised 11101/2017) Blue Italicized (ext derived from KIB code, Alaska statutes. Robert's Rules of Order, or Assembly resolutions Black, bolded, underlined text la NEW Wrinuage Page 11 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 12 of 85 Assembly Policy Manual Policy No. 1.40 — Parliamentarian The Clerk serves as the parliamentarian of the Assembly and provides assistance and advice on appropriate procedures to aide in the conduct of meetings. The parliamentarian does not rule. The parliamentarian is an advisor and therefore makes no final decisions. The rulings are the sole responsibility of the presiding officer. The Clerk, as an impartial advisor, does not call a point of order. The mayor and Assembly members may rise to point of order per KIBC 2.30.O8OC. Policy No. 1.50 — Assembly Minutes Governed by Robert's Rules of Order, the official minutes should contain mainly a record of what was done at the meeting, not what was said by the members. The minutes should never reflect the secretary's opinion, favorable or otherwise, on anything said and done. The minutes should be kept in a substantial book or binder (RRO Section 46). Reading of Minutes. Unless a reading of the minutes of an Assembly meeting is requested by the Assembly, minutes may be approved without reading if the Clerk previously furnished each member with a copy thereof (KIBC 2.30.060D). Minutes of the proceedings shall be kept, and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Clerk and shall be a public record, open to inspection by any person (KIBC 2.100.16). Individual comments of the Assembly are summarized. Statements for the record are Prefaced with a directive that the comment "be entered in the minutes or for the record." Policy No. 1.60 - Deputy Presiding Officer A. The Assembly annually, at the November meeting, elects a Deputy Presiding Officer (DPD) to serve at the assembly's pleasure. The DPO presides as the chair at assembly meetings in the absence of the mayor (KIBC 2.30.040C). B. Election of the deputy presiding officer of the assembly shall be in the following manner.' 1. As the fret order of new business, nominations for deputy presiding officer shall be opened. 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. In the mayor's absence, the Deputy Presiding Officer presides at all regular and special meetings and performs the duties assigned by the mayor or Assembly (KIBC 2.20.060A). Page 9 of 37 DRAFT #3 (Revised 1 110 112 0 1 7) Blue italicized text cleaved from KIS code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black, bolded. underlined text is NEW lanauaae Page 12 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 13 of 85 Assembly Policy Manual Policy No. 1.70 - Attendance And Absences A. Assembly members shall advise the Clerk or the mayor of their absences and the reason for the absence. During the meeting, the chair shall cause the record to reflect the absence, the reason for the absence, and whether the absence is excused by the Assembly (KIBC 2.25.070 and KIBC 2.30.020C). B. Declaration of vacancies for the Assembly due to absences are as follows: The Assembly shall declare an Assembly member's seat vacant when the Assembly member.., 1. Falls 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; 4. Is physically or mentally unable to perform the duties of office as determined by a two- thirds vote of the governing body; 5. Is convicted of a felony or of an offense involving a violation of the oath of office; 6. Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the members of the governing body concur in expelling the person elected; 7. Is convicted of a violation of AS 15.13; 8. No longer physically resides in the municipality and the governing body by a Iwo -thirds vote declares the seat vacant; this subsection does not apply to a member of the governing body who forfeits office under AS 29.20.140(a); or 9. If a member of the governing body misses three consecutively held regular meetings and is not excused. C. If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated (KIBC 2.25.060A&B). Page 10 of 37 DRAFT #3 (Revised 1 110 112 01 7) Blue italicized test derived from KIB code, Alaska Statutes, Robert's Rules of Order. or Assembly resolutions Black, bolded. underllned text Is NEW lanouaae Page 13 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 14 of 85 Assembly Policy Manual SECTION 2—APPOINTED AND CONFIRMED OFFICIALS Policy No. 2.10 • Appointed Officials The following three officials are appointed by and report directly to the Borough Assembly: The Borough Manager and Borough Clerk are employed under an employment contract and the Borough Attorney is appointed by Borough Resolution. A. Borough Manager The administrative power of the Borough is vested in the Borough Manager. The Manager is the chief administrative officer of the Borough. The Manager has 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 (KIBC 2.45.010). AS 29.20.500. Powers and Duties of a Manager. The manager may hire necessary administrative assistants and may authorize an administrative official to appoint, suspend, or remove subordinates. As chief administrator the manager shall 1. appoint, suspend, or remove municipal employees and administrative officials, except as provided otherwise in this title and AS 14.14.065; 2. supervise the enforcement of municipal law and carry out the directives of the governing body; 3. prepare and submit an annual budget and capital improvement program for consideration by the governing body, and execute the budget and capital improvement program adopted: 4. make monthly financial reports and other reports on municipal finances and operations as required by the governing body; 5. exercise custody over all real and personal property of the municipality, except property of the school district; 6. perform other duties required by law or by the governing body; and 7. serve as personnel officer, unless the governing body authorizes the manager to appoint a personnel officer. B. Borough Clerk. The Clerk Is appointed by the Assembly and serves at its pleasure. The duties performed by the Clerk according to this chapter and AS 29.20.380: 1. Give notice of the time and place of meetings; 2. Attend regular and special meetings of the Assembly and record and maintain the minutes of these meetings; 3. Arrange publication of notices and all other items in accordance with this code and state statutes: 4. Ensure proper management of municipal records as provided in Chapter 2.40 KIBC; 5. Attest deeds, the mayor's signature, and the Manager's signature on all contracts to which the Borough is a party, and other documents as needed. For purposes of this Page 11 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized fest derived them KIB code, Alaska Statutes, Robert's Rules or Order, or Assembly resolutions Black, bolded. underlined text Is NEW language Page 14 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 15 of 85 Assembly Policy Manual section, 'contract" shall mean any contract, agreement, memorandum of understanding, or letter of intent which sets out the rights, duties, and obligations of the parties thereto; 6. Administer Borough elections and have full responsibility for all phases of Borough elections up to and including preparation of the final results to be submitted to the Assembly for election certification; and 7. Perform other duties as specified in other sections of this code and AS Title 29 or as prescribed by the Assembly. C. Borough Attorney. Because the Borough may sue and be sued and may enter into legal agreements, the Assembly may retain legal counsel to act on the Borough's behalf and to be recognized as the Attorney. The Assembly appoints the Attorney by resolution. The Attorney serves at the pleasure of the Assembly and may be removed by order of the Assembly (KIBC 2.65). AS 29.20.370. Municipal Attorney. The municipal attorney is the legal advisor of the governing body, the school board, and the other officials of the municipality. The municipal attorney represents the municipality as attorney in civil and criminal proceedings. The school board may hire independent counsel when in its judgment independent counsel is needed. Policy No. 2.20 — Confirmed Officials A. If a Manager plan has been adopted, the Assembly shall designate by resolution a Borough Administrative Official to act as Manager during the Manager's absence or disability (KIBC 2.20.000). B. The Director of finance is appointed by the Manager and confirmed by the Assembly (KIBC 2.10.010). C. There is established the position of Deputy Clerk in the legislative service. The Clerk is authorized to appoint the Deputy Clerk who shall be confirmed by the Assembly (KIBC 2.50.030). Page 12 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized test derived from KIB code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black. bolded. underlined test is NEW lanouaae Page 15 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 16 of 85 Assembly Policy Manual SECTION 3 — DUTIES, PRIVILEGES, AND BENEFITS OF MEMBERS Policy No. 3.10 - Forms Of Address During regular meetings, the Mayor shall be addressed as "Mayor (surname)" or "Mr./Madam Mayor". The Deputy Presiding Officer shall be addressed as "Deputy Presiding Officer (surname)" or Mr. Chair. Members of the Assembly shall be addressed as "Assembly member (surname)". AS 29.20.160. Procedures of Governing Bodies. (a) The Assembly shall elect from among its members a presiding officer and a Deputy Presiding Officer to serve at the pleasure of the members, except that in a Borough that has adopted a Manager form of government under AS 29.20.460 - 29.20.5f0 the mayor serves as presiding officer. In a city the mayor serves as presiding officer. If the presiding officer is not present or if the presiding officer is personally disqualified, the Deputy Presiding Officer shall preside. Policy No. 3.20 - Seating Arrangement Seating Arrangement. Assembly members shall occupy the respective seats in the Assembly chambers assigned them by file mayor (KIBC 2.30.100D). Policy No. 3.30 — Compensation Compensation is paid quarterly in January, April, July, and October. The mayor's compensation is $500 per month and he/she may be included in the Borough health and life insurance plan (KIBC 2.20.070A). Assembly members compensation is $300 per month and they may be included in the Borough health and life insurance plan (KIBC 2.30.100E). Policy No. 3.40 - Member's Representation Of Assembly Position. A. The official position of the Assembly is that taken as a result of debate and vote, with the prevailing majority forming the official position. B. Views and opinions of individual members of the Assembly are not the official position of the Assembly. C. The Assembly may authorize a member of the Assembly to serve as the official Assembly spokesperson on a given issue. D. Before claiming to speak for the Borough, Borough Assembly, and/or Borough residents or announcing the position of the Borough in any written or electronic communication, any Assembly member must obtain authorization from the Assembly (KIBC 2.25.0408). Policy No. 3.50 - Mayor's Representation Of Assembly Position. Before claiming to speak for the Borough, Borough Assembly, and/or Borough residents or announcing the position of the Borough in any written or electronic communication, the mayor must obtain authorization from the Assembly or base such communication on a good faith belief that the mayor is speaking on behalf of the Assembly. This subsection shall not be interpreted as restricting the mayor's right to state his or her personal opinion on any issue (KIBC 2.20.0408). Page 13 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized text derived from KIB code, Alaska Statutes, Roberl's Rules of Order or Assembly resolutions Black. bolded. underlined text Is NEW lanauaae Page 16 of 85 Assembly Policy Manual AGENDA ITEM #2. a. Page 17 of 85 Assembly Policy Manual Policy No. 3.60 — Official written Communications All official written communications by the Assembly and the Mayor will be routed through the Clerk. The Clerk will provide a copy to the Mayor and Assembly and keep a copy an file in the Clerk's records. Page 14 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized test derived from KIB code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black, bolded, underlined text Is NEW language Page 17 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 18 of 85 Assembly Policy Manual SECTION 4 — ASSEMBLY PROCEDURES Policy No. 4.10 • Rules Of Order Procedural rules and order of business shall be established, except as otherwise provided by law, subject to approval by the Assembly. An appeal, or quasi-judicial board, committee, or commission shall establish rules governing proceedings before the board or commission, subject to approval by the Assembly. In all matters of procedure not covered by rules adopted by the board, committee, or commission, Robert's Rules of Order, as revised, shall be applicable and shall govern (KIBC 2.100.150). Policy No. 4.20 — Assembly Debate A. Decorum in Debate. When any assembly member is about to speak in debate or deliver any matter to the assembly, he shall address himself to the chair and, being recognized, confine himself to the question under debate. No Assembly member shall impugn the motive of any Assembly member's vote or argument and shall avoid personalities. An Assembly member who is speaking may not be interrupted to make a motion, even one with high priority like the motion to adjourn. B. Order of Speaking. 1. The Manager, a delegate to the Assembly, or any Assembly member, when desiring to speak at an Assembly meeting, shall respectfully address the chair and shall refrain from speaking until recognized. 2. When two or more persons request recognition at the same time, the chair shall determine which one shall speak first. C. Point of Order. If any Assembly member, in speaking or otherwise, transgresses the rules of the Assembly, the chair shall call him to order, or any other Assembly member may rise to a point of order. The Assembly member called to order shall immediately cease speaking and cease the action to which he was called to order. The chair or Assembly member rising to point of order shall state the offense committed and the Assembly member called to order shall then be heard in explanation or justification The chair shall then rule on the point of order. Any assembly member may challenge a ruling of the chair and, if duly seconded, the chair's rating shall not stand unless affirmed by a majority vote of the Assembly. D. Private Conversations. When an Assembly member is speaking, the Assembly shall be in order and no private conversations shall be carried on. E. Recognition to Speak. No Assembly member shall be recognized to speak on the same question a second time until every Assembly member choosing to speak has spoken except the mover of the question, who may open and close the debate. The chair may take part in the discussion of any matter before the Assembly. F. The chair may recognize a citizen to address the Assembly upon request of an Assembly member, unless objected to by two or more Assembly members. Remarks by a citizen so recognized may relate only to a question before the body (KIBC 2.30.080). G. No member can speak more than twice to the same question on the same day... Merely asking a question or making a brief suggestion is not counted as speaking debate. Unless the group has adopted special rules of order, members come to every meeting entitled to speak twice with a limit of ten minutes per speech. That's 20 minutes per person, per motion, per meeting- Members can't transfer time to another member and they cannot reserve any portion of their time for a later time. If a member yields the floor before speaking his full ten minutes, he is presumed to have waived his right to the remaining time. It is important for members to organize their thoughts to debate effectively (RRO X11. Section 43). Page 15 of 37 DRAFT#3 (Revised 11/01/2017) Blue italicized text derived from KIB code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black, bolded. underlined text Is NEW lanttuaae Page 18 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 19 of 85 Assembly Policy Manual Policy No. 4.30 — Motions All ordinances resolutions contracts and other items of business that require Assemblv approval shall be in the form of an affirmative motion The affirmative vote of four members of the Assembly is required for the passage of any motion of Assembly unless otherwise noted in the Borough Code or in this Policy Manual Policy No. 4.40 - Order Of Business A. The order of business for each regular meeting of the Assembly is stated in KIBC 2.30.060A. (Michael: You previously commented that you would like to propose some changes. KIBC 2,30.060A could be amended to reflect this text: "The order of business for each regular meeting agenda shall be as follows unless determined differently during agenda setting and upon approval of the Assembly?) Note: Current procedure in KIBC 2.100.050 stales that procedural rules and order of business except as otherwise provided by law are subject to approval by the Assembly T (Nova, this text isn't on 2.100.050) (is this approval during the agenda and consent agenda approval?). The same section also notes that KIB shall follow Robert's Rules of Order (RRO). RRO recommends the following order of business: 1. Reading and approval of minutes. 2. Reports of officers, boards, and standing committees. 3. Reports of special committees. 4. Special orders. 5. Unfinished business and general orders. 6. New business. KIBC 2.30.010 states: AS 29.20.160(/) provides that the Assembly determines its own rules and order of business. The following rules shall be in effect upon their adoption by the Assembly and until such time as they are amended or new rules adopted, in the manner provided herein. Policy No. 4.50 - Citizens Rights A. Addressing the Assembly. Any person desiring to address the Assembly shall first secure the permission of the chair, However, under the following headings of business, unless the chair rules otherwise, any qualified person may address the Assembly without securing such prior permission: citizens'comments, public hearing. B. Written Communications. Interested parties or their authorized representatives may address the Assembly by written communication in regard to matters then under discussion. Written items bearing a request that they be read into the record shall be read aloud by the Clerk or designated Assembly person. C. Addressing the Assembly After Motion Made. Aker a motion is made by the Assembly, no person shall address the Assembly without first securing the permission of the Assembly to do so. D. Manner of Addressing the Assembly — Time Limit. Each person addressing the Assembly shall step up to the microphone, give his name in an audible tone of voice for the record Page 16 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized text derived from KIB code, Alaska Statutes, Robert's Rules of Order, or Assambly resolutions Black, bolded, underlined text is NEW lanauaae Page 19 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 20 of 85 Assembly Policy Manual and, unless further time is granted by the Assembly, shall limit his address to three minutes. All remarks shall be addressed to the Assembly as a body and not to any member thereof. No person, other than the Assembly and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Assembly, without the permission of the chair. No questions shall be asked of the Assembly except through the chair (KIBC 2.30.090). E. Public members may call in during citizens comments or under public hearing by calling a toll free number and a local number as Published on the agenda. Policy No. 4.60 — Voting A majority of the authorized members shall be a quorum for the transaction of business. The affirmative votes or the majority of the authorized members shall be required to carry a question. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time or date (KIBC 2.100-120). A. All Assembly members present shall vote unless the Assembly for special reason permits a member to abstain, except no Assembly member may vote on a question in which he has a substantial financial interest. All motions to excuse a member shall be made before the call of "ayes"and "noes"is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons for making such a request, and the vote shall be taken without further debate. B. If a member refuses to vote, the Clerk shall record a vote for the prevailing side. The 'prevailing side"is the side that tamed the question and is described as follows: a. If the question passed, having received the affirmative votes of the quorum, that is the prevailing side: or b. If the question failed, having not received the affirmative votes of the quorum, that is the prevailing side. C. No member shall be allowed to explain his vote or discuss the question while the "ayes"and "noes" are being called but may change his vote between the time of calling for the vote by the Clerk and the announcement of the result by the chair or the Clerk. The chair or the clerk shall ask if anyone wishes to change their vote. D. The vote upon any question shall be "ayes" and "noes" and shall be recorded in the journal of the Assembly. In the case where only six members of the Assembly are present and there is a three/three fie. vote of the Assembly, the mayor may vote. No resolution, ordinance or motion before the Assembly shall be valid unless affirmed or denied by a majority of the votes to which the Assembly is entitled on the question. E. Approval of each ordinance shall require the affirmative vote of a majority of the elected members of the Assembly, except as otherwise specified by Borough ordinance or the statutes of the state of Alaska (KIBC 2.30.070F). Policy No. 4.70 - Enacted Ordinances, Resolutions, And Motions Ordinance. An enacted ordinance is a legislative act Prescribing general, uniform, and permanent nules of conduct relating to the corporate ff f the municipality. A sembl action shall be taken by ordinance when required by law, or to Prescribe Permanent rules of conduct which continue in force until repealed, or where such conduct is enforced by penalty. Page 17 of 37 DRAFT #3 (Revised 11/01/2017) Blue Italicized said derived from KIS rode, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black. bolded. underlined teat Is NEW lanouaae Page 20 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 21 of 85 Assembly Policy Manual Resolution. An enacted resolution is an internal legislative act which is a formal statement of policy concerning matters of special or temporary character. Assembly action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Motion. An enacted motion is a torte of action taken by the Assembly to direct that a specific action be taken on behalf of the municipality or an action be taken giving direction to individuals. A motion, once approved and entered into the record, is the equivalent of a resolution in those Instances where a resolution is not required by law. Examples: AML Resolutions. SWAMC, lobbying related issues. etc. Policy No. 4.80 - Resolutions Resolutions shall be read aloud before any vote is taken unless ample copies are available, and the reading is waived by a two-thirds vote of the Assembly. Persons in attendance may be given an opportunity to be heard on the resolutions. After the hearing, the Assembly may pass or reject the resolutions, with or without amendments, and no further hearing or action is required (KIBC 2.25.180). Policy No. 4.90 — Ordinances A. An ordinance is introduced in writing in the form required by the Assembly. B. The fallowing procedure governs the enactment of all ordinances, except emergency ordinances which are specified in KIBC 2.30.075. 1. An ordinance is introduced by a member or committee of the Assembly, or by the mayor or Manager, 2. An ordinance shall be set by the Assembly for a public hearing by the affirmative vote of a majority of the votes authorized on the question; 3. At least five days before the public hearing, a summary of the ordinance shall be published together with a notice of the date, time and place for the hearing. At least six days shall lapse between introduction and final passage; 4. Copies of the ordinance shall be available to all persons present at the hearing, or the ordinance shall be read in full: 5. During the hearing, the Assembly shall hear all interested persons wishing to be heard. This includes those who are Physically present or those who may want to call in. The three minute Bme limit for public hearing comments applies. 6. After the public heating, the Assembly shall consider the ordinance and may adopt it with or without amendment, 7. The Assembly shall print and make available copies of an ordinance that is adopted. C. An ordinance takes effect upon adoption or at a later date specified in the ordinance. D. This section does not apply to an ordinance proposed under AS 04.11.507(d) relating to procedure for local option elections. E. Recording of Votes. The "ayes" and "noes" shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Assembly (KIBC 2.30.070). Policy No. 4.100 - Request For Legal Opinions During a work session ora meeting, the mayor and any two or more members of the Assembly may request written legal opinions, relating to Borough business, from the Attorney through the Manager's or the Clerk's office. Upon receipt of Assembly -requested proposed ordinance or Page 18 of 37 DRAFT #3 (Revised 11/01/2017) afire Italicized test denved from Kra code, Alaska Statutes, Robert's Rules of Order, or Assembly raselut/ens Black. bolded. underlined text Is NEW lanauaae Page 21 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 22 of 85 Assembly Policy Manual written legal opinion, the Clerk shall forthwith cause to have distributed the subject ordinance or written legal opinion to all Assembly members so that all members may be fully informed of the status of Bomugh affairs (KIBC 2.30.0701). Communications between any Borough department, Assembly, board, commission, or committee, and an Attorney concerning pending or actual litigation, or any document prepared In provision of legal services or legal advice to the Borough or the Assembly, or any of its departments, boards, commissions, subdivisions, officers, or employees by the Borough Attorney's once are not to be disclosed (Resolution No. 1998-22). Legal opinions are distributed on oink confidential paper and are to be returned to the Clerk's Office for destruction or safe keeping. The alternative distribution is through the agenda management program. Attorney-client Privileged documents that are intended to be confidential in nature shall not be released in any form without authorization from the Kodiak Island Borough Assembly. Waiver of confidentiality and authorization to release documents comes as a result of an official action of the Assembly. Inquiry: Do we need to require Assembly members to fill out a legal request form? Policy No. 4.110 — Reconsideration A. A motion to reconsider may be applied to any ordinance, resolution, or action of the Assembly and has precedence over all motions except Me 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 member who changes his vote in accordance with these rules shall be a member of the side on which his vote Is finally recorded by the Clerk; and 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-fhirds vote to carry; or 3. Two Assembly members file with the Clerk, not later than 5 p.m. on the first Borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular Assembly meeting The Assembly member can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An Assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular Assembly meeting" as that term is used in this section. B. Only one motion to reconsider shall be entertained an any ordinance, resolution or other action even if the Assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action falls, a second motion to reconsider the same action shall not be in order (KIBC 2.30.070P). Page 19 of 37 DRAFT #3 (Revised 11/01/2017) Blue Itallc4ed test denied from KIS code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black. bolded. underlined text Is NEW lanouaae Page 22 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 23 of 85 Assembly Policy Manual Policy No. 4,120 — Mayoral Veto A. KIBC 2.20.060 B. Veto. Except as provided in subsection C of this section, the mayor may veto an ordinance, resolution, motion, or other action of the assembly and may strike or reduce appropriation items except for school budget items. A veto must be exercised before the next regular meeting of the assembly and must be accompanied by a written explanation of the reasons for the veto. A veto may be overridden by a vote of two-thirds of the authorized membership of the assembly within 21 days following exercise of the veto, or at the next regular meeting, whichever is later. The veto does not extend to: 1. Appropriation items in a school budget resolution/ordinance; 2. Actions of the assembly sitting as the board of adjustment; or 3. Adoption or repeal of a manager plan of government. Policy No. 4.130 — Teleconference Procedures Attendance of Assembly members shall be in person and may not be by teleconference, except for work sessions and emergency meetings. In the event of an emergency meeting, the previsions set in AS 44.62.310 shall be followed (KIBC 2.30.0208). PENDING CHANGE. Policy No. 4.140 - Giving Direction To Appointed Officials A. Governance of the Borough relies on the cooperative efforts of the Assembly members who set policy. and Borough staff members. who implement and administer the Assembles policies. With Proper communication and administration of policies the operations of the Borough will benefit the community as a whole. The Assembly oversees three employees: the Manager. the Attorney, and the Clerk. 1. Communicate Through the Borough Manager Questions of Borough staff and/or requests for additional information should be directed only to the Borough Manager or designee. The Borough Manager should be copied on any request. Materials supplied to an Assembly member in response to a request may be made available to all members of the Assembly so that all have equal access to Information. 2. Requests for Research Request for research or drafting of ordinances, resolutions, or other documents should be made at a meeting or work session to give dissenting members of the Assembly an opportunity to object to the request and to assure the appointed official that the direction given is supported by a majority of the Assembly. 3. The Assembly acts as awhole, not as individuals, when interacting with employees regarding Borough business. 4. Employee Concerns Assembly members should never express concerns about the performance of a Borough employee in public or to the employee directly. Comments about staff performance should only be made to the Borough Manager through private correspondence or conversation. Comments regarding Clerk's staff should be made to the Borough Clerk. 5. Administrative Functions Page 20 of 37 DRAFT#3 (Revised 11101/2017) Blue italicized text derived from KIS code, Alaska Slafufas, Robert's Rules or Order, or Assembly resolutions Black, bolded. undarilned text is NEW lanauaae Page 23 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 24 of 85 Assembly Policy Manual Assembly members must not attempt to influence Borough staff on the making of a000intments, awarding of contracts, selecting of consultants, or other such administrative functions. 6. Staff Meetings Assembly members should only attend meetings with staff if invited. Even if the Assembly member does not say anything, the Assembly member's presence implies support. or may show partiality, intimidate staff, and hamper staffs ability to be objective. Page 21 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized text derived from KIB code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black. bolded. underlined text Is NEW lanauaae Page 24 of 85 Assembly Policy Manual AGENDA ITEM #2. a. Page 25 of 85 Assembly Policy Manual SECTION 5 - ASSEMBLY TRAVEL Policy No. 5.10 - Mayor's Travel A. The mayor while traveling overnight on oRGal business will be advanced or reimbursed per diem at the rate and under such conditions as are prescribed for other appointed officers and employees of the Borough. B. Travel shall be at the most economical fare possible. C. Travel requests to the Clerk shall be submitted timely to avoid unnecessary staff overtime. O. Once travel arrangements are accepted and confirmed by the mayor, and tickets aro purchased, any changes and additional fees shall be the mayor's responsibility except., 1. When travel arrangements are changed for Borough business; or 2. When travel arrangements are changed for a family -related emergency. 3. Interim financial assistance may be provided by the Borough; however, reimbursement of the assistance shall be subject to Assembly approval. 4. If travel arrangements aro changed for personal reasons, other than a family -related emergency, additional fees shall not be reimbursed. E. The mayor while traveling on Borough business, if stranded from Kodiak due to inclement weather or other adverse conditions, will be reimbursed the appropriate per them and any reasonable necessary expenses incurred. 1. If the mayor shortens or extends the originally scheduled travel time in any way for Borough business and becomes stranded, reimbursement of the appropriate per them and any reasonable necessary expenses incurred shall be subject to Assembly approval. 2. If the mayor shortens or extends the originally scheduled travel time /n any way for personal reasons and becomes stranded. expenses will not be reimbursed. F. For travel other than annual routinely scheduled conferences or meetings, the mayor shall bring any travel requests, prior to travel, to a regular Assembly meeting or work session for concurrence of the Assembly, stating the date, place, length of travel, projected cost, and purpose of the trip. If there is no regular Assembly meeting or work session before the planned trip, the mayor shall request the Cleric to poll the entire Assembly for approval by a majority of the Assembly. 1. Following completion of travel, the mayor shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip (KIBC 2.20.0708). Policy No. 5.20 — Assembly Travel Assembly members while traveling overnight on oRclal business will be advanced or reimbursed per them at the rate and under such conditions as are prescribed for other appointed officers and employees of the Borough. A. Travel shall beat the most economical fare possible. B. Travel requests to the Clerk shall be submitted timely to avoid unnecessary staff overtime. C. Once travel arrangements are accepted and confirmed by the Assembly member, and tickets are purchased, any changes and additional fees shall be the Assembly member's responsibility except; 1. When travel arrangements are changed for Borough business; or 2. When travel arrangements are changed fora family -related emergency. a. Interim financlal assistance may be provided by the Borough; however, reimbursement of the assistance shall be subject to Assembly approval. Page 22 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized text derived Imm KIB code, Alaska Statutes, Robert's Rules of order, or Assembly resolutions Black, bolded. underlined text is NEIN lanauaae Page 25 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 26 of 85 Assembly Policy Manual 3. If travel arrangements are changed for personal reasons, other than a family -related emergency, additional fees shall not be reimbursed. D, An Assembly member traveling on Borough business who is stranded from Kodiak due to inclement weather or other adverse conditions will be reimbursed the appropriate per diem and any reasonable necessary expenses incurred. 1. If an Assembly member shortens or extends their originally scheduled travel time in any way for Borough business and becomes stranded, reimbursement of the appropriate per diem and any reasonable necessary expenses incurred shall be subject to Assembly approval. 2. If an Assembly member shortens or extends their originally scheduled travel time in any way for personal reasons and becomes stranded, expenses will not be reimbursed. E. For travel other than annual routinely scheduled conferences or meetings, Assembly members shall bring any travel requests, prior to travel, to a regular Assembly meeting or work session for concurrence of the Assembly, stating the date, place, length of (ravel, projected cost, and purpose of the trip. If there is no regular Assembly meeting or work session before the planned trip. the Assembly member shall request the Clerk to poll the entire Assembly for approval by a majority of the Assembly. 1. Following completion of travel, the Assembly member shall submit a written report to the Assembly and give an- am! -repeq a verbal update during a public meeting stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip (KIBC 2.30.1OOF). Policy No. 5.30 - Assembly Travel To Rural Communities A. Assembly members, serving as liaisons to the rural communities, shall have travel permissions to their respective rural community assignments at least twice once per year. B. All travel expenses including airfare, lodging accommodations for overnight visits, and per diem shall be paid by the Borough or shall be reimbursable to the Assembly upon submission of applicable receipts. C. Upon return, oral reports shall be provided to the Assembly at the next scheduled work session or regular meeting. 0. The Assembly may amend its travel budget from year to year in order to accommodate travel to the rural communities to meet the purposes of this resolution (Resolution No. FY2O14-25). Policy No. 5.40 —Travel For Lobbying Efforts When necessary to further the Borough's lobbying efforts in Juneau or elsewhere. the Mayor shall_ represent the Assembly unless, in the opinion of the Assembly, another member(s) of the Assembly or one of its appointed boards or commissions would better represent the position of the Barough with respect to a particular issue. When necessary, the Assembly may develop formal, written positions on issues that are important to the Borough in addition to the Capital Improvement Project (CIP) lists. Anyone participating in any lobbying efforts must represent the official position of the Borough on any given issue. Page 23 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized text denved fmn, KIB code, Alaska Statutes, Robert's Rules of Order, or Assombly resolutions Black, bolded, underlined text is NEW language Page 26 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 27 of 85 Assembly Policy Manual Upon completion of the lobbying activities, the participant shall submit a written report to the Assembly and give a verbal update during a public meeting SECTION 6— SPECIAL CONSIDERATIONS FOR ASSEMBLY MEMBERS Policy No. 6.10 — Reserved (Code of Ethics). Policy No. 6.20 — Conflict Of Interest Every member shall vote on all questions unless he has a direct or substantial indirect financial interest in the matter being discussed. No member shall represent any person before the board, committee, or commission of which he is a member (KIBC 2.100.140). 2.35.010 Conflicts of Interest prohibited. A. A municipal officer, appointed official, or employee may not solicit or receive money for advice or assistance given in the course of the officer's or employee's employment or relating to his employment. 8. A municipal officer, appointed official, or employee may not represent a client before the Assembly or the planning and zoning commission for a fee. C. A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or other valuable consideration, or a premise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision or judgment in the particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his official capacity, act in a particular manner to produce or prevent a particular result. D. No municipal officer, appointed official, or employee may vote or participate in any official action in which he has a substantial direct or indirect financial interest. Direct or indirect financial interest shall be disclosed to the chair prior to a vote on the question, and if there are not at least four Assembly members in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four Assembly members qualified to vote on the matter are in attendance. E. A municipal officer. appointed official, or employee may not use his official position for the primary purpose of obtaining financial gain for himself, or his spouse, child, mother, father, or business with which he is associated or owns stock (KIBC 2.35.010). Policy No. 6.30 - Simultaneous Employment Or Personal Service Contracts By Mayor And Assembly Members Prohibited. A. Notwithstanding any other provisions of this title, neither the Borough mayor nor any member of the Borough Assembly shall, at any time during their terms of office, be employed by the Borough in any other capacity, including but not limited to part-time or temporary employment, nor may they be a party to a personal services contract with the Borough. B. For purposes of this section: 1. A "personal services contract" shall be defined as any contract or other agreement a primary purpose of which involves the rendition or performance of services or tasks; and Page 24 of 37 DRAFT #3 (Revised 1 110 112 0 1 7) Blue Italicized text derived from KIB code, Alaska Statutes. Robert's Rules of Order, cr Assembly resolutions Black, bolded. underlined text Is NEW lannuaae Page 27 of 85 Assembly Policy Manual AGENDA ITEM #2. a. Page 28 of 85 Assembly Policy Manual 2. A person shall be considered a party to any contract which is held by a partnership, corporation, limited liability company, or other business entity which is at least 50 percent owned by that person and/or that person's spouse. C. A violation of this section shall be grounds for termination of the violator's term of office as well as termination of any contract of employment or personal services contract between the violator and the Borough. Added by initiative petition Ord. FY2014-01-1 §2, 2013. passed by voters 10101/131. Alaska Statutes, Sec. 29.20.010. Conflict of interest. A. Each municipality shall adopt a conflict of interest ordinance that provides that a member of the governing body shall declare a substantial financial interest the member has in an official action and ask to be excused from a vote on the matter; 1. The presiding officer shall rule on a request by a member of the governing body to be excused from a vote; 2. The decision of the presiding officer on a request by a member of the governing body to be excused from a vote may be overridden by the majority vote of the governing body; and 3. A municipal employee or official, other than a member of the governing body, may not participate in an official action in which the employee or official has a substantial financial interest. B. If a municipality fails to adopt a conflict of interest ordinance by June 30, 1986, the provisions of this section are automatically applicable to and binding upon that municipality. C. This section applies to home rule and general law municipalities (AS 29.20.010). In addition to statutory prohibitions on conflicts of interest, AS 01.10.010 provides that the common law, to the extent it is not consistent with the constitution or any adopted laws, is also a rule in Alaska. Under the common law, the focus is on "the relationship between the public official's financial interest and the possible result of the official's actions, regardless of the official's intent. Policy 6.40 - Communications With Staff. Except for purposes of inquiry, the mayor and assembly members shall deal with the administrative service solely through the borough manager. Neither the mayor or assembly member(s) shall give orders to any subordinate of the borough manager either publicly or Privately. The Assembly acts as a whole, not as Individuals. Questions of borough staff and/or requests for additional information should be directed to the Borough Manager, Administrative official, or the Borough Clerk. Assembly members must not attempt to influence Borough staff on the making of appointments awarding of contracts, selecting of consultants, or other such administrative functions and should only attend meetings with staff If invited. Even if the Assembly member does not say anything, the Assembly member's presence implies support. or may show partiality. Intimidate staff, and hamper staffs ability to be oblective. Page 25 of 37 DRAFT #3 (Revised 11101/2017) Blue italicized test derived from KIB code, Alaska Statutes, Roben's Rules of Order, or Assembly resolutions Black, bolded. underlined text Is NEW Nnauaae Page 28 of 85 Assembly Policy Manual AGENDA ITEM #2. a. Page 29 of 85 Assembly Policy Manual SECTION 7 - SOCIAL MEDIA, COMPUTER RESOURCES, EMAIL COMMUNICATION, AND CELL PHONE USE All content and communication related to Borough business is considered a public record and as such, is subiect to Public disclosure. For this reason, use of personal computers email accounts, or other information technology not issued and maintained by the Kodiak Island Borough is highly discouraged. Policy No. 7.10 — Social Media It is important for elected and appointed officials to be aware that posts to any of the Borough's social media platforms by a quorum (majority) of members that address public business may constitute a "meeting" under the Alaska's Open Meetings Act (Alaska Statutes 44.62.310) and may present situations in which Open Meetings Act laws may be violated. Considering this matter, elected and appointed officials should refrain from making posts that address public business using their own or Borough -operated sites. Elected and appointed officials have the personal responsibility to conduct themselves thoughtfully and ethically when posting to social media sites and should consider ramifications when making personal comments. Wherever possible public officials who post from their personal computers or sites shall consider the following issues. A. Public officials who identify themselves as such on a social networking site, wherever appropriate, shall include a disclaimer (e.g. "While working for or representing the Kodiak Island Borough, anything 1 publish is my personal opinion and not necessarily the opinions or position of the Borough government.) B. Public officials' use of personal social -networking sites should remain personal in nature and should not be used for purposes related to their position in office. Public officials should not use their Borough email account in conjunction with any personal online accounts (social media, shopping, etc.) C. All Borough ethical obligations most be followed at all times, even when elected officials engage in social media use in their personal capacities. For example, officials must not disclose confidential information acquired by reason of the elected official's position. This restriction applies regardless of whether the information is disclosed on a personal or Borough social media site (KIB Social Media Policy, Exhibit A). Policy No. 7.20 — Computer Resources A. Upon certification of Election results. the IT department will Issue each Incoming Mayor or Assembly Member, through the Borough Clerk's Office, a current device and related accessories to conduct Borough business with. These devices are the property of the Kodiak Island Borough and members have no ownership. Interest, or right to title of the devices. B. The Mayor and each member of the Assembly is responsible for the security and care of the assigned device and accessories, regardless of where they are used. Page 26 of 37 DRAFT #3 (Revised 11/01/2017) Blue Italicized text denved fmm KIB code, Alaska Statutes, Robert's Rules or Order, or Assembly resolutions Black bolded. underlined text Is NEW lanauaaa Page 29 of 85 Assembly Policy Manual AGENDA ITEM #2. a. Page 30 of 85 Assembly Policy Manual C. Upon departure from the elected seat due to the conclusion of the term of office or resignation. the assigned device and accessories will be returned to the IT Deoartment through the Borough Clerk's Office. D. All data stored on a borough purchased devices are subiect to disclosure under the Open Meetings Act. E. Loss and Damage. The Mayor and Assembly members are personally responsible for the security and safety of their Borough assigned devices and will be held fully liable if stolen, lost destroyed or not returned. Members will be required to reimburse the borough for the replacement value established by the IT Department. Damage occurring in the ordinary course of use will be repaired at the expense of the Borough. F. Loss of, or damage to a Borough supplied device must be reported immediately to the borough Clerk. G. Elected officials shalll abide by the Kodiak Island Borough Computer Resources Policy (Exhibit B). Policy No. 7.30 - E-mail Communication A. Forethought should be given to all correspondence, whether written. verbal, or electronic. As a public official, all electronic communications regarding Borough business, or carried out on any computer where Borough business is conducted, are subiect to Public disclosure laws. B. The Borouah's email system may not be used to support other activities that are not related to the direct conduct of borough business. C. The retention of records stored in electronic records systems, including email, is governed by the Borough's retention schedule. All emails that are sent and received are subiect to discovery. Policy No. 7.40 — Cell phone use during meetings All communication devices must be turned off or muted during all public meetings by all those in attendance as to not disrupt or distract from the meeting. Elected officials cannot leave the meeting room to answer a call unless a recess has been called. Page 27 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized rest derived from KIB code, Alaska Statutes, Robert's Rules or Order, or Assembly resolutions Black, bolded, underlined text Is NEW lanauaae Page 30 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 31 of 85 Assembly Policy Manual Section 8 — Boards, Committees, and Commissions Policy No. 8.10 — Mayoral Appointments A. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the Assembly shall not become effective (KIBC 2.100.030). The following are mayoral appointments confirmed by the assembly. 1. Architectural/Engineering Review Board 2. Borough Lands Committee 3. Emergency Services Council 4. Joint Building Code Review Committee 5. Kodiak Economic Development Commission 6. Kodiak Fisheries Advisory Committee 7, Kodiak Fisheries Development Association 8. Kodiak Fisheries Work Group 9. Kodiak Workforce Regional Advisory Council 10. Marijuana Task Force 11. Mission Lake Tidegale Service Area Board (appointed not elected) 12. Parks and Recreation Committee 13. Personnel Advisory Board 14. Solid Waste Advisory Board Policy No. 8.20 — Assembly Appointments A. Members for the following are assembly appointments: 1. Board of Adjustment (The Assembly sits as the Board of Adjustment.) 2. Board of Equalization Policy No. 8.30 — Elected Service Area Board Members A. Members of the service area boards below are elected by the qualified voters within the service area at a regular election. Vacancies are filled by the candidates) receiving the highest number of votes cast for each seat. 1. Bayview Road Service Area Board 2. Fire Protection Area No. 1 Board 3. Monashka Bay Road Service Area Board 4. Service Area No. 1 Board 5. Womens Bay Service Area Board B. The service area boards notify the Clerk of a vacancy on the board. The clerk advertise vacancies at least twice in a newspaper, provides a standard application, and forward applications to the service area board. C. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The Assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term Page 28 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized text derived from KIB code, Alaska Statutes, Robed's Rules of Order ar Assembly resolutions Black, bolded. underlined text is NEW language Page 31 of 85 Assembly Policy Manual AGENDA ITEM #2. a. Page 32 of 85 Assembly Policy Manual Policy No. 8.40 —Other Appointments A. Appointments To Different Assembly Boards And Committees. Each year following the regular municipal election, all Assembly members will be given an opportunity to Indicate in writing which of the boards or committees they request to serve on. The Mayor shall determine appointments of Assembly members to the different Boards and Committees and the appointments must be confined by the Assembly. In making appointments. the Mayo shall strive to ensure. to the extent reasonably Possible, that there is a balance and diversity of opinion, viewpoints, and perspective among the Assembly members being appointed to a board or committee. B. Appointments to the different Cifies and Villages. Each year following the regular municipal election the Mayor shall determine his appointments of Assembly members who will serve as liaisons to the different cities and villages in the Kodiak Island Borough. The Mayor's appolntments are subiect to confirmation of the Assembly. C. Appointments to the AML Board of Directors and SWAMC. Due to the financial commitment involved from the municipality when serving on the AML and SWAMC Board of Directors, it Is necessary for the elected official to obtain Assembly authorization. Requests must be in writing and shall be submitted to the Mayor or the Clerk. D. Per Contract No. FY2018-02, Section 29, Providence Kodiak Island Community Advisory Board. An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence to provide input to the hospital staff, the medical staff, and Providence Alaska Community Ministry Board about the concerns of the community regarding the operation of the hospital and to undertake the responsibilities set out at 7AAC 13.030(6) and (c). One KIB Assembly member shall be appointed by Providence as a full voting member of the PKICAS, and Providence shall give KIS the opportunity for review and comment before appointments to the advisory board are made. Policy No. 8.50 — Filling vacancies A. Per KIBC 2.100.070, In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a farm of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. B. Per KIBC 2.100.080 Notice of impending vacancy. At least 60 days prior to the expiration of the tern of an incumbent board, committee, or commission member, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies, any qualifications of members, and an application deadline date. The clerk shall also mail to each incumbent an application and letter stating that their tern is expiring. Page 29 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized text derived from KIS code, Alaska Statutes, Robert's Rules of Order, or Assemblyresolutions Black, bolded. underlined text Is NEW lanauace Page 32 of 85 Assembly Policy Manual AGENDA ITEM #2. a. Page 33 of 85 Assembly Policy Manual C. 2.100.090 Applications. The clerk provides a standard Information and application form for Interested persons to complete. The form, letters or other expressions of interest are sent to the clerk. O. For service area vacancies, the clerk provides a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall (award copies to the service area board. s Page 30 of 37 DRAFT #3 (Revised 11/01/2017) Blue ihllclzed text dedved Item KIS code, Alaska Sfafulas, Robert's Rules o/ Order, or Assembly resolutions Black. boltlatl. untlarlinetl text le NEW lanuuaae Page 33 of 85 Assembly Policy Manual AGENDA ITEM #2.a. EXHIBITS Page 31 of 37 DRAFT #3 (Revised 11/0112017) Slue italiclzetl text denvetl from KIS code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black. bolded. underllnad text Is NEW lanouace Page 34 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 35 of 85 Assembly Policy Manual Exhibit A —KIB Social Media Policy lfl. '"Qty 1 0 Kodiak Island Borough Social Media Use Policy Establishing the Borough's Engagement and Use of Social Media The Kodiak Island Borough (Borough) may engage in the use of social media for the purpose of providing or disseminating information to the general pubic Social networking an improve inleradivily between government agencies and the public, and often reaches new and different populations than those who rely on traditional media. 1. Borough Manager Approves Social Medio Use and Engagement The Borough Manager shalt. • Approve Borough participation on social media platorms. • Delegate the responsibility of providing content and information regarding each department's public activities. 2. Compliance of Using Social Media Social media platforms include, but are not limited to. Facebook. YouTube, and Twitter, or any other sites recommended and approved by the social media work group and approved by the Borough Manager. All Borough participation in social media shall comply with applicable Borough polices, standards, and code, federal and stale laws, regulations, and policies, including adherence to established laws and policies regarding copyright, records retention, Freedom of nhurnalion Ad, First Amendment Rights, privacy lava, and information securely policies. 3. Social Media Subject to the Alaska Public Records Act All content and communication related to Borough business is considered a public record and, as such, is subject to public disclosure. • Wherever possible, sties shall clearly indicate that any content posted or submited is subject b public disclosure. • Content shall be maintained in an accessible format that can be produced in response to a public records request • Any public records request for records or content an social media shall be directed to the Clerk's Office and shall be addressed through the Borough's records request process. • Borough records retention schedules appy to social media formals and content Content that needs to be retained as a record and cannot be retrieved from social media sales via the Application Programming Interface (API) or similar interface, must be printed and maintained according to the Borough records retention policy. Social Media Policy October 2, 2014 Page 1 of 4 Page 32 of 37 DRAFT #3 (Revised 11/01/2017) Blue Italicized text denved from KIB code, Alaska Statutes, Robed's Rules of Order, or Assembly resolutions Black. bolded. underlined test Is NEW lanauaaa Page 35 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 36 of 85 Assembly Policy Manual 4. Borough Website as Primary Conduit for Information The Borough's website wil remain the Borough's primary and predominant internal presence and wherever possible, major content posted to social media sites will also be available on the Borough's website; and wherever possible, content posted to social media sites will provide links directing users to the Borough's webshe for lin depth information, fors, documents or other online services necessary to conduct business with the Borough. • Social media users/v'silors shall be notified that the intended purpose of the social media site is to serve as a communication method between the Borough and the public. • The Borough will approach the use of social media tools as consistently as possible. 5. Information and Content Approval The Borough reserves the night to restrict or remove any content deemed to be in violation of this social media use policy or any applicable law. Borough social media site content containing any of the following shall not be allowed' • Comments not topically related to the particular article being commented upon, • Comments lin support of or opposition to political campaigns or ballot measures; • Profane language or content; • Content that promotes, fosters, a perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation, • Sexual content or links to sexual content • Solicitations of commerce; • Conduct or encouragement of illegal activity; • Information that may tend to compromise the safety or security of the public or public systems, • Contend intended to attack or defame any person or groups; • Content that violates a legal ownership interest of any other party, or • Content that is confidential or proprietary in nature. When applicable, social media participation shall include a fink to a Preamble/Comment Polity that includes a disclaimer, such as, This is the official fFacebcok page) of the Kodiak Island Borough. The Borough reserves the right to remove lnapprepriate comments including those that have obscene language w sexual cadent threaten or defame any person or organization, violate the legal ownership interest of another party, support or oppose political candidates or ballot propositions, promote illegal activity, Promote commercial services or products, or are not topically related to a panccularposting. Social Media Policy October 2, 2014 Page 2 of 4 Page 33 of 37 DRAFT #3 (Revised 1 110 112 0 1 7) Blue italicized text denved /rem K/B code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black, bolded. underlined text la NEIN lanauaae Page 36 of 85 Assembly Policy Manual AGENDA ITEM #2. a. Page 37 of 85 Assembly Policy Manual The Borough does not intend, roc give a guarantee to respond to public comments on this site. It may, however, at times, provide a response if it is felt if is in the best interest of the public at large. A link to the Borough's website will be included on the Information page or section of any social media site, 4 available. The Information Technology (IT) department *0 be responsible for establishing the Borough's presence on social media plattorms. Any Borough related social media pages will be established using a Borough e-mail address assigned by the IT department. 6. Borough Employee Use and Conduct Employees representing the Borough on social media sites are requked to conduct themselves in a courteous, thoughtful, and professional manner and in accordance with Borough Personnel Policies, and any applicable laws and regulations- Failure to observe established rules and practices win lead to disciplinary action up to and including termination. Borough employees shall follow the best practices below. • Review and update content on a regular basis, by employees designated within each department; • Speak on behalf of the Borough only when authorized to do so; • Plan ahead to ensure that a post is relevant and accurate with proper grammar and spelling; • Avoid the use of jargon and abbreviations, • Condoler your audience; • Post facts, not speculation or opinions; • Protect confidential information; • Respect copyrights; • Acknowledge and correct any mistakes; • Non -routine postings shall be reviewed by a member(s) of the social media work group prior to posting; and • Avoid personal social media participation during business hours Applications available via social media sites will not be used unless it serves a business purpose, adds to the user experience, comes from a tasted source, and will nol provide a security risk to the Borough. An application may be removed at any time if there is reason to believe it is posing a security risk or spreading viruses. 7. Open Meetings Act Considerations for Elected and Appointed Officials It is important for elected and appointed officials to be aware that posts to one of the Borough's official social media platforms by a quorum (majority) of members that address pubic business may constNte a'meeting' under the Alaska's Open Meetings Act (Alaska Statutes 44.62.310) and may present situations in which Open Meetings Act laws may be violated. Considering this matter, elected and Social Media Policy October 2, 2014 Page 3 of 4 Page 34 of 37 DRAFT #3 (Revised 1110112017) Blue italicized text derived from KIB code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black. bolded. underlined text Is NEW lamauaae Page 37 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 38 of 85 Assembly Policy Manual appointed officials should refrain from making posts that address public business using their own or Borough -operated sites. 8. Personal Versus Official Communications Borough employees and elected and appointed officials have the personal responsibility to conduct themselves thoughtfully and ethically when posting to social media sites and should consider ramifications when making personal comments. Wherever possible employees/public officials who post from their personal computers or sites shall consider the following issues: • Borough employees/public officials who identify themselves as such on a social networking site, wherever appropriate, shall include a disclaimer (e.g. While working for or representing the Kodiak Island Borough, anything I publish is my personal opinion and not necessarily the opinions or position of the Borough government.') • Employees/public officials' use of personal social -networking sites should remain personal in nature and should not be used for work-related purposes. Employeesfpublic officials should not use their Borough email account in conjunction with a personal social networking account. • Same Borough ethical obligations must be followed at all times, even when employees engage in social media use in their personal capacities For example, employees must not disclose confidential information acquired by reason of the employee's official position. This restriction applies regardless of whether the information is disclosed an a personal or Borough social media site. • Although incidental and occasional personal use of social networking sites may occur during normal business hours, were automatically waive any claims to privacy. If a communication is intended to be 'personal and confidentiar, an alternative means of transmission should be used. • If employees discuss their Borough work on personal social networking accounts or websites, their accounts can be subject to public disclosure laws, even if produced on personal time and equipment- • For further information see the Borough's Computer Resources Policy, Social Media Policy October 2, 2014 Page '4of 4 Page 35 of 37 DRAFT #3 (Revised 11/0112017) Blue italicized text derived (mm KIB code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Black, bolded, underlined teat Is NEW lanauaas Page 38 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 39 of 85 Assembly Policy Manual Exhibit B — KIB Computer Resources Policy �" KODIAK ISLAND BOROUGH wtura f0\IPL7ER RESOURCES POLICY OVERVIEW It is the policy of the Kodiak Island Borough to protide employees with appropriate, up- to-date computer technology and managanem inf=2tion systems to do their Jobs in an efficient and cog<1Rcttve mummer to accomplish the goals established by the Kodiak Island Borough Assembly- Due to We complex nature of this technology and is fm - reaching effects, Borough employees ate seemed to adhere to the following roles regarding computes resources. Computer and telco mmumcations equipment, computer files, software, ASA00, IAN, E-mail mud Internet systems hunisbed 10 employees art the property of the Kodiak Island Borough and are intended for business use. Although incidental and occasional personal use of the Borough's E-mail and Internet systems may occur, users automatically waive my claims to prrt'aey If a emnmumCatron is Intended t0 be -personal and confidentud an alternative--- of transmission should be used. MIS M UN-ITNANCE AND OPERATIONS The hUmgemrot Information Systems Department has exclusive authority to operate and maintain the Borough's nanagenror information systems, including the responsibility to purchase all hmdwme, software, and peripheral equipment' in compliance with Kodiak Island Borough purchasing policies. Specifically, MIS department employees have the exclusive authority for maintenance of the AS.1400, IAN. Internet, loading and Iroubleshomng software. and mepaumg and reporting equipment Employees ate prohibited £rout purchasing or loading software, attempting computer repairs, or allowing any n6Nthnnaed person 10 do so. ACCESS AND DtsC LOSL7tE The Kodiak Isornd Borough Manager or his designee reserves the right to access and disclose the controls of an employee's electronic and telephone communications at cavy time if Were is a legitimate business reason to do so. Business reasons to access and disclose these communications may include, but me net limited t0: the need t0 solve lethmocd problems, the unestigatum of a theft or other crime; the prevention of unauthorized disclosure of confidential or proprietary information, suspicion of personal abuse of the Borough's cummusucaliom systems, and We review of commusicatiom upon the extended absence, departure or death of an employee. CompuerP xurres Pobcy Page 36 of 37 DRAFT #3 (Revised 11/0112017) Blue italicized mxf derived from Kill code, Alaska Statutes, Robert's Rules of Order, or Assembly resolutions Blackbolded, underlined text Is NEW Ianuurem Page 39 of 85 Assembly Policy Manual AGENDA ITEM #2.a. Page 40 of 85 Assembly Policy Manual PASSWORD SECURrrV The security and protection of individual passwords is the responsibility of the individual awaer of the password. Therefore, if access is gained to a password -protected system, the presumption is that the owner of the password authorized the access. COPIIUGHTED IINFORILATION Use of the Kodiak Island Borough computer resources to copy or transmit documents, software, information cr other materials protected by copyright laws, without authorization, is prof bited. If you are unsure if material is copyright protected. request authorization for a legal opinion before proceeding. OTHER PROHIMED USES Employees are prohibited from using E-mail, FAX systems, and the Iuternet in any way that may be disruptive, offensive to others, or harmful to morale. The display or transmission of scanully explicit images, messages, and cartoom is prohibited. Display or transmission of off-color jokes, ethnic slurs, racial comments or anything that can be construed as harassment or disrespect for others is prohibited. Kodiak Island Borough communications systems may not be used to send forward, redistribute or reply to "chain letters." Use of the systems to solicit or conduct personal business transactions or to advocate for issues, causes or organizations of a personal nature not related to Borough business is prohibited. Personal use of the Borough's E- mail and Internet systems is limited to use outside of normal working hours for work- related classes or seminars, or for other use specifically preauthorized by the Manager. DISCIPLINE FOR VIOLATIONS I iolatiom of the Kodiak Island Borough computer Resources Policy could subject a Borough employee to disciplinary action including termination. This policy does not constitute a coutract and the Kodiak &lead Borough reserves the right to modify it at any time. I have read and understand this policy. Employee Date Campirter P.e:ovrce: Pofa} Page 37 of 37 DRAFT #3 (Revised 11/01/2017) Blue italicized text denied from KIS code, Alaska Statutes, Robert's Rules or Order, or Assembly resolutions Black, bolder. underlined text is NEW lanmure Page 40 of 85 Assembly Policy Manual AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 9, 2017 ASSEMBLY WORK SESSION c SUBJECT: Review of the Alaska Municipal League Priorities and Resolutions ORIGINATOR: Nova Javier RECOMMENDATION: Assembly to determine official position on the different information provided. Assembly to discuss who will serve as the voting delegate on behalf of the Borough during the AML annual business meeting. DISCUSSION: The Kodiak Island Borough is a member of the Alaska Municipal League and sends delegates to attend the annual conference each year. An important part of the Annual Local Government Conference is to discuss and approve the AML Legislative Priorities, Position Statements and adopt Resolutions on key legislative issues. The process Is completed at the 67th Annual Business Meeting on Friday, November 17th at 9:00 a.m. where the membership will review and adopt the 201 documents. Although multiple delegates are sent and could be in attendance during the annual business meeting, the Kodiak Island Borough Is entitled to only one vote. In the past, the Mayor served as the voting delegate for the Borough. If he is unable to attend the business meeting, discussion is important so that the person who will be voting on behalf of the Borough knows the official position of the majority of the Assembly. The Mayor, during the work session will ask the Assembly to express any concerns to any of the items in the packet. This will be the opportunity for the members to express their thoughts. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Page 41 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 42 of 85 Review of the Alaska Municipal League Priorities and Resolutions Alaska Municipal League 6711 Annual Local Government Conference Legislative Strategy Packet Resolution Procedures & Guidelines Draft 2018 State & Federal Priorities Draft 2018 AML Resolutions Position Statement Guidelines Draft 2018 Position Statements Resolutions Supporting Changes to Position Statements Page 42 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 43 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2. b. Page 44 of 85 Review of the Alaska Municipal League Priorities and Resolutions ALASKA MUNICIPAL LEAGUE AML RESOLUTIONS PROCEDURE A resolution is a statement of the Alaska Municipal League's intent to support a specific action on a significant issue affecting municipalities. Resolutions are Introduced, debated, and adopted by the AML members each year at the Annual Local Government Conference. To be considered during the conference, resolutions must conform to the following policy, procedural and format guidelines which were adopted by the AML Board in August, 2007. Resolutions should be received in the AML office electronically, by mail, or fax no later than October 6, 2017. RESOLUTION GUIDELINES 1. Resolutions shall concern shared policy and program needs, issues, or problems of Alaska municipalities and shall state the problem and action sought. A. Resolutions may not conflict with any adopted AML positions. B. Resolutions that allow conflict between one community against another will be eliminated. C. Resolutions will be revised to make a general application instead of one seeking to benefit a specific community only; especially if the benefit to that one community would be at the expense of another community (i.e. support relocating a state office from city to city). D. Resolutions with the same topic will be combined. 2. Resolutions shall be restricted to action -specific issues and issues of some immediacy and shall be sent to the Governor, Legislature, State Agency, President and/or the Congress. 3. Resolutions differ from priorities in that: A. Resolutions shall address specific Issues rather than general policy. B. Resolutions may address regional Issues as well as statewide concerns. C. Resolutions shall be in effect for only one year. They are intended to address timely issues such as current legislative proposals. HOW TO SUBMIT A RESOLUTION 1. Only councils and assemblies of member municipalities, affiliated municipal associations, affiliated regional municipal organizations (comprised of municipal officials), the AML Board and the Alaska Conference of Mayors are eligible to submit resolutions for consideration. Each resolution submitted must have been approved by a formal action of the sponsoring body and by at least one member municipality. 2. Resolutions should be mailed, faxed or emailed to the AML office by October 6, 2017 (or 5 weeks In advance of the Annual meeting) to be presented to the Resolution Committee for consideration. Resolutions must follow format guidelines. Copies of the resolutions will be made available to the delegates in their registration packets. 3. Resolutions not submitted by October 6 may be offered to the Resolution Committee on November 15th at 5:00 p.m., for consideration during the conference. However, the sponsor of any resolution presented directly to the Resolution Committee must have the support of representatives of five (5) member municipalities in attendance at the conference and be in proper formal. In addition, if the Resolution Committee accepts the late resolution, the sponsor must make copies available for the business meeting on Friday, November 17, 2017. 4. Resolutions will be reviewed, debated and acted upon by the AML Membership at the Annual 1 Page 44 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2. b. Page 45 of 85 Review of the Alaska Municipal League Priorities and Resolutions Conference Business Meeting. Sponsors of properly submitted resolutions will be given an opportunity to discuss and support their resolutions at the meeting. 5. The First Vice -President shall serve as Chair of the Resolutions Committee and shall appoint eight (8) additional elected and appointed municipal officials from the AML Board. 6. The Resolutions Committee shall, based on the above guidelines, review and act upon each resolution forfinal recommendation to the membership. The Resolutions Committee shall approve, amend, or reject each resolution submitted, note Its action, and, If the resolution is approved, send it to the business meeting for consideration. If a resolution Is rejected, the committee shall prepare a brief written justification of Its action and forward that Information to the business meeting. 7. Aresolution rejected by the Resolution Committee may be brought to the floor of the business meeting at the appropriate time, only If It Is signed by representatives from twenty (20) member municipalities. No new resolutions may be submitted to the business meeting without first going to the Resolution Committee. RESOLUTIONS FORMAT The resolution must be in the proper format. The name of the sponsoring member municipality or association and the date of submission must be indicated on the bottom of the resolution. Each resolution must include the statement, "This resolution was approved for submission to the Alaska Municipal League membership by the governing body of (name of Municipality or association) on (date)" in the lower left-hand corner. Resolutions can be emailed to kalhieDakml.oro or submitted via data stick. Each resolution submitted must indicate that it is a "Resolution of the Alaska Municipal League, Resolution #2017-xx and have a title, beginning, "A Resolution ..." that describes the issue and intent of the resolution. Throughout the text, the resolution should indicate that the League Is taking the position advocated, not a given municipality or organization. At least one "Whereas" clause should Identify the policies in the AML Position Statement that the resolution addresses (i.e., expands or supplements), if applicable. 2 Page 45 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. ALASKA MUNICIPAL LEAGUE RESOLUTION #2017- A RESOLUTION WHEREAS, ;and WHEREAS, ;and WHEREAS, ;and WHEREAS, ;and ouhy NOW, THEREFORE BE IT RESOLVED THAT the Alaska Municipal League PASSED AND APPROVED BY THE ALASKA MUNICIPAL LEAGUE ON THE DAY OF , 2016. Signed: President, Alaska Municipal League Attest: Executive Director, Alaska Municipal League Submitted by: Date Submitted: Contact Name: Contact Phone #: Implementation Recommendation: Agencies to Contact: Funding Required: Staff/Board/Membership Action: a Page 46 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 47 of 65 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 48 of 85 Review of the Alaska Municipal League Priorities and Resolutions draft ALASKA MUNICIPAL LEAGUE FY 2018 STATEWIDE PRIORITIES • LEGISLATIVE ADOPTION OF A SUSTAINABLE AND BALANCED BUDGET The Alaska Municipal League has sent the Legislature our views on a sustainable and balanced budget plan for the last three years; a plan that relies on revenue generation; use of earnings of the permanent fund; and budget cuts. To date, except for deep cuts, the Legislature has not acted on the other two "legs." While piecemeal changes have been adopted, there is no sustainable plan in place, leaving municipalities unable to budget and plan, leaving schools unable to keep teachers in place and putting our State economy at great risk. Our infrastructure is failing; our public safety has decreased throughout the State. Small municipalities no longer have any state presence. During this upcoming FY 2019 budget session, our priority Is to commit ourselves to substantially increase our efforts to see that the Legislature does their job and provide the people of Alaska with a sustainable and balanced budget. • COMMUNITY ASSISTANCE While Community Assistance was scaled back to $30 million during last years' session, that amount remains a small part of the State's yearly budget. While we are appreciative of the $30 million, we will push the State to Increase that amount, as many State services have been transferred to local municipalities at the same time that our revenues from the Slate have decreased. The vast majority of Alaskans reside within a municipality and we must have the tools available to make our communities safe, provide for a great education, transportation modes for better access and most of the other services that most of our residents want and expect. We must not be in a position of watching the State make cuts in order to avoid taxation, causing us no choice but to raise our own taxes. • PERSITRS INCREASESITERMINATION STUDY FIX As the Stale continues to find ways to decrease their expenditures, one of the means discussed is often the past liability of the PERSITRS systems. The PERSIrRS system is the legal and moral responsibility of the State of Alaska. It is THEIR program. Municipalities do and will continue to pay 22% of salary on the past and current service costs. Municipalities, however, cannot afford to pay any more of this State controlled plan. Also, the Alaska Municipal League continues to work towards some sort of solution to the termination study costs which leave municipalities unable to manage their workforce, especially in this time of severe cuts to municipalities. 5 Page 48 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 49 of 85 Review of the Alaska Municipal League Priorities and Resolutions draft ALASKA MUNICIPAL LEAGUE 2018 FEDERAL PRIORITIES • SUPPORT THE PAYMENTS IN LIEU OF TAXES (PILT) AND SECURE RURAL SCHOOLS (SRS) PROGRAMS The Alaska Municipal League supports restoring full mandatory funding for the Payments in Lieu of Taxes (PILT) program which compensates cities and boroughs for tax-exempt federal land within their boundaries. The Alaska Municipal League also supports extending the Secure Rural Schools (SRS) program as a transitional funding mechanism until the federal government fully implements a long-term forest management program with adequate revenue sharing for forest cities, boroughs and schools. • PROMOTE FEDERAL TRANSPORTATION PRIORITIES The Alaska Municipal League will work to ensure that any transportation and infrastructure measures reflect Alaska's municipal priorities, including allocating more funding for locally owned infrastructure, increasing local decision making authority and prioritizing investments that advance economic development, mobility and safely. The Alaska Municipal League will also continue to urge Congress to resolve the long-term solvency of the Highway Trust Fund. • PROTECT MUNICIPAL BONDS The Alaska Municipal League supports preserving the tax-exempt status of municipal bonds that provide critical funding for public facilities, infrastructure and development. Provisions like the tax exemption for municipal bond interest have been part of the federal tax code for over 100 years, helping to efficiently and safely finance trillions of dollars in public works projects throughout the U.S. 6 Page 49 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 50 of 85 Review of the Alaska Municipal League Priorities and Resolutions 1 2 3 4 5 ALASKA MUNICIPAL LEAGUE 6 7 RESOLUTION #2018-01 e 9 A RESOLUTION BY THE ALASKA MUNICIPAL LEAGUE SUPPORTING, 10 AGREEING AND BACKING THE ALASKA CONFERENCE OF MAYORS' STRONG 11 ENTREATY TO PROVIDE A SUSTAINABLE AND BALANCED BUDGET FOR THE 12 CITIZENS OF ALASKA 13 14 WHEREAS, in both 2015 and 2016, the Alaska Municipal League and the Alaska 15 Conference of Mayors passed position statements that "strongly encouraged the Alaska 16 State Legislature to adopt a long-term fiscal plan that includes elements of revenue 17 generation, budget cuts and the use of earnings from the permanent fund;' and 18 19 WHEREAS, the lack of a comprehensive solution that includes all three components of a 20 sustainable budget has put the State's economy at risk and harmed the well-being of 21 Alaskans; and 22 23 WHEREAS, given the sharp decline in the price of oil, we understand that cuts have been 24 necessary and accordingly, spending has been reduced 44%; and 25 26 WHEREAS, deep cuts, however, that adversely impact public safely, transportation, 27 education and other key services have started to erode the reasons that so many of us 28 live in this great stale; and 29 30 WHEREAS, these deep cuts limit municipalities' ability to recruit and retain the workers 31 that make our economy strong; and 32 33 WHEREAS, many smaller Alaskan municipalities, already in financial distress, are feeling 34 the most recent budget cuts very acutely; and 35 36 WHEREAS, due to the above, the Alaska Conference of Mayors started a campaign to 37 strongly urge the Legislature to take this Special Session opportunity to solve the deficit 38 that is crippling the economy of the State of Alaska, by drawing from the Permanent Fund 39 earnings, and generating revenue with some combination of one or more broad-based 40 tax that balances the diverse economic conditions throughout our vast state. 41 42 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League supports, 43 agrees and 100% backs the Alaska Conference of Mayors' strong entreaty to provide a 44 sustainable and balanced budget for the citizens of Alaska. 45 7 Page 50 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 51 of 85 Review of the Alaska Municipal League Priorities and Resolutions 46 PASSED AND APPROVED by the Alaska Municipal League on this 17th day of 47 November, 2017. 48 49 50 51 Signed: 52 Mayor Pat Branson, President, Alaska Municipal League 53 54 55 56 Attest: 57 Kathie Wasserman, Executive Director, Alaska Munlcipal League 58 59 60 61 Submitted by Alaska Conference or Mayors e Page 51 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 52 of 85 Review of the Alaska Municipal League Priorities and Resolutions 1 2 3 4 5 ALASKA MUNICIPAL LEAGUE 6 7 RESOLUTION #2017-02 a 9 A RESOLUTION OF THE ALASKA MUNICIPAL LEAGUE OPPOSING ANY 10 LEGISLATION WHICH COULD INCREASE THE BURDEN ON PERSITRS 11 EMPLOYERS BEYOND THE CURRENT EMPLOYER CONTRIBUTION LIMITS OF 12 22% FOR PERS AND 12.56% FOR TRS. 13 14 WHEREAS, the State of Alaska established the Public Employee Retirement System 15 (PERS) in 1961 and since that time has: 16 1. Had sole administrative control of the plan; and 17 2. Selected, contracted with, and been the sole contact with PERS actuaries; and 1a 3. Had sole access to oversight for, and responsibility for actuarial methods and 19 assumptions for PERS; and 20 4. Had sole control over the investment of all PERS assets; and 21 5. Set the rates for, billed for, and collected on all PERS contributions; and 22 23 WHEREAS, the state has managed the investment income since 1969; and 24 25 WHEREAS, the state administratively created the Retirement Reserve Account (RRA) in 26 1971, although it was not authorized by statute until 1974; and 27 28 WHEREAS, the state began paying retiree benefits with "blended" employer dollars in 29 1971 and absorbed the RRA shortfall balance in 1972; and 30 31 WHEREAS, although member employers were told, and believed, from 1961 until 32 approximately 2006, that individual employer retirement accounts and activity were kept 33 and tracked separately by the state since 1971, the state has actually blended, 34 reallocated and comingled employer contributions such that no single employer's 35 contributions can be accounted for accurately; and 36 37 WHEREAS, the comingled nature of the funds creates a statewide system such that one 38 employer's actions affect other employer's liabilities; and 39 40 WHEREAS, the state did not administer PERS in accordance with its own laws; and 41 42 WHEREAS, the state established the "shared consolidated (blended) normal cost" rate 43 in 1977; and 44 45 WHEREAS, the state started allocating income to the RRA in 1984; and 46 9 Page 52 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 53 of 85 Review of the Alaska Municipal League Priorities and Resolutions 47 WHEREAS, in 1994, the stale stopped transferring employer contributions to the RRA as 48 employees retired; and 49 so WHEREAS, the state reallocated each employers' and employees' RRA contributed 51 assets, based upon RRA liabilities; and 52 53 WHEREAS, the state determined each employers' unfunded obligation after reallocating 54 the employer's assets; and 55 56 WHEREAS, the state, prior to 2006, set the employer's past service cost rales, based 57 upon reallocated asset results; and 58 s9 WHEREAS, the state, before 2006, set and paid prior normal cost rates that were lower 60 than they should have been; and 61 61 WHEREAS, the state, from July 1999 until as recently as 2006, paid refunds from 63 employee accounts, yet booked payments as If they were coming from the RRA; and 64 65 WHEREAS, the state, from July 1999 until as recently as 2006, sent direct employee 66 accounts, yet booked payments as if they were coming from the RRA and 67 68 WHEREAS, the slate has pervasive authority over public education In Alaska; a 69 responsibility which it shares with no other unit of government; and 70 71 WHEREAS, in the exercise of Its pervasive authority over public education, the state 72 established a Teachers' Retirement System (TRS) and statutorily requires that all 73 teachers in public schools be Included In that system; and 74 75 WHEREAS, the state has prescribed the terms of the TRS system and program since the 76 beginning and has exercised exclusive control over the operation, Investment and 77 administration of that system in much the same manner as It has the PERS system; and 78 79 WHEREAS, the state does not allow any local school district the discretion to decline to so have teachers employed in those districts participate in TRS; and 81 a1 WHEREAS, the state has, as with PERS, comingled each district's contributions to TRS 83 and set rates at inadequate levels such that there Is no method to accurately allocate the 84 unfunded liability for TRS pension or health benefits to any particular school district; and 85 86 WHEREAS, in recognition of the state's responsibility for the majority of the unfunded 87 pension and health benefit liability. In 2008, the state amended its statutes regarding as employer contributions to PERS and TRS, placing a cap on employer contributions to a9 PERS at 22% of payroll and on TRS contributions at 12.56% of payroll, with the state 90 accepting responsibility for any costs in excess of this amount. This action substantially 91 reduced the reported Individual liability of many communities, and Increased the allocation 92 of liability to others. The reallocation of responsibility was agreed to by PERS employers to Page 53 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 54 of 85 Review of the Alaska Municipal League Priorities and Resolutions 93 and the state, in recognition that it was in the best interests of all to settle the allocation 94 of liability and provide certainty of set rates for all employers; and 95 96 WHEREAS, In connection with the 2008 legislative change, the Legislature 97 acknowledged state responsibility for the unfunded liability in the TRS system and 98 accepted responsibility, subject to annual appropriation, for payments required to satisfy 99 the PERSITRS contribution rates required to amortize the unfunded pension liability over 100 25 years; and 101 102 WHEREAS, during the 2016 regular legislative session, the second regular session of 103 the 29th Legislature, bills were Introduced which would have Increased the employer 104 contribution rates for PERS and TRS employers from the rates set In 2008, In accordance 105 with the resolution of the problem the state had in accurately allocating liability to 106 Individual employers; and 107 los WHEREAS, the Alaska Municipal League believes that apart from being unfair, any 109 Increase from the employer contribution rates set In 2008 would risk unraveling the 110 resolution of the liability allocation reached in 2008, and could motivate PERS employers 111 to seek to enforce their rights to limit their individual employer liability. Such action would 112 likely cost the state and all employers more in the long run due to the overwhelming costs 113 of sorting out individual employer responsibilities. 114 115 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal league opposes any 116 legislation which would increase the burden on PERS(fRS employers beyond the current 117 employer contribution limits of 22% for PERS and 12.56% for TRS. 118 119 PASS AND APPROVED by the Alaska Municipal League on this 17� day of November, 120 2017. 121 122 123 124 Signed: 125 Pat Branson, President, Alaska Municipal League 125 127 128 129 Attest: 130 Kathie Wasserman, Executive Director, Alaska Municipal League 131 132 133 134 Submitted by Alaska Municipal League Board of Directors 11 Page 54 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. 12 Page 55 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 56 of 85 Review of the Alaska Municipal League Priorities and Resolutions 1 2 3 4 5 ALASKA MUNICIPAL LEAGUE 6 7 RESOLUTION #2018-03 8 9 A RESOLUTION BY THE ALASKA MUNICIPAL LEAGUE REQUESTING THAT THE ALASKA 10 STATE LEGISLATURE MAKE CONCERTED EFFORTS TO NO LONGER SUBMIT FUTURE 11 LEGISLATION THAT TRANSFERS UNFUNDED MANDATES TO MUNICIPALITIES AND/OR 12 ERODES CONSTITUTIONAL LOCAL GOVERNMENT POWERS 13 14 WHEREAS, before and especially since the deficit problem currently being experienced in the stale, 15 the Legislature has had a tendency to pass costs of state services to municipalities; and 16 17 WHEREAS, much of that time, there is no funding accompanying these services; and 18 19 WHEREAS, the only means possible for a municipality to raise revenues is through increased taxes, 20 increased fees and/or a decrease in services; and 21 2z WHEREAS, municipalities find themselves in the position of operating or maintaining a service or 23 infrastructure which was formerly a state provision; and 24 25 WHEREAS, while the Alaska State Legislature avoids imposing taxes, municipalities find themselves 26 needing to raise taxes to pay for these increased costs; and 27 28 WHEREAS, while this cost -shifting comes at a time of decreases in Community Assistance (Revenue 29 Sharing); and 30 31 WHEREAS, in times of decreasing financial revenues, municipalities have also experienced the erosion 32 of local government authority as provided under the Alaska Constitution and Alaska Statute 29. 33 34 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League requests that the Alaska 35 State Legislature make concerted efforts to no longer submit future legislation that transfers unfunded 36 mandates to municipalities and/or erodes constitutional local government powers. 37 38 PASSED AND APPROVED by the Alaska Municipal League on this 171" day of November, 2017. 39 40 41 42 Signed: 43 Pat Branson, President, Alaska Municipal League 44 45 46 47 Attest: 48 Kathie Wasserman, Executive Director, Alaska Municipal League 49 5o 51 52 Submitted by Alaska Municipal League Board of Directors 13 Page 56 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. ,4 Page 57 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2. b. Page 58 of 85 Review of the Alaska Municipal League Priorities and Resolutions 1 2 3 4 5 ALASKA MUNICIPAL LEAGUE 6 7 RESOLUTION #2018-04 8 9 A RESOLUTUION BY THE ALASKA MUNICIPAL LEAGUE SUPPORTING PUBLIC 10 EMPLOYEE RETIREMENT SYSTEM REFORM 11 12 WHEREAS, the Alaska Municipal League and other municipalities, contribute to the 13 Public Employee Retirement System (PERS); and 14 15 WHEREAS, Included in Senate Bill 125, In 2008, was language requiring municipalities 16 to pay termination costs and "below the floor" costs on the termination of a department, 17 group, or classification of employees; and 18 19 WHEREAS, those lay-offs that are made up of a department, group, or classification will 20 result In a charge to local governments for the actual study, followed by charges for each 21 of those employee's past service cost for approximately 30 years; and 22 23 WHEREAS, if the total base salary of any municipality falls below what it was in 2008 (the 24 year of Be 125), then charges will be assessed on that drop, as well; and 25 26 WHEREAS, these rules severely limit the ability of municipalities from being agile In the 27 workplace, including eliminating no longer needed departments, groups, or 28 classifications; and 29 30 WHEREAS, these rules severely limit the ability of municipalities from creating new 31 needed departments, groups, or classifications for fear of future termination studies and 32 termination costs extending up to 30 years in the future; and 33 34 WHEREAS, municipalities require agility and adaptability in the workforce to meet our 35 changing needs; and 36 37 WHEREAS, with our current fiscal crisis, municipalities may need to make reductions or 38 Increases in the workforce, including entire departments, groups of classification of 39 employees; and 40 41 WHEREAS, the State of Alaska is not subject to these rules as an employer and the Stale 42 of Alaska is making serious cuts in their workforce. 43 44 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League supports 45 reform in the Public Employee Retirement System. These reforms Include eliminating 46 termination studies and all costs for reducing or eliminating departments, groups, or 15 Page 58 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 59 of 85 Review of the Alaska Municipal League Priorities and Resolutions 47 classifications of employees, as well as not inhibiting future additions of departments, 48 groups, or classifications of employees. 49 so PASSED AND APPROVED by the Alaska Municipal League on this 17'" day of 51 November, 2017. 52 53 54 55 Signed: 56 Pat Branson, President, Alaska Municipal League 57 58 59 66 Attest: 61 Kathie Wasserman, Executive Director, Alaska Municipal League 62 63 64 65 Submitted by the City of Bethel 16 Page 59 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 60 of 85 Review of the Alaska Municipal League Priorities and Resolutions 1 2 3 4 5 ALASKA MUNICIPAL LEAGUE 6 7 RESOLUTION #2018-05 8 9 A RESOLUTION OF THE ALASKA MUNICIPAL LEAGUE REQUESTING THAT THE ALASKA 10 STATE LEGISLATURE REVISIT THE STANDARD FOR RECALLING MUNICIPAL OFFICIALS TO 11 DETERMINE THE SUFFICIENCY OF DEFINITIONS AND PROCESSES THEREIN 12 13 WHEREAS, recall elections concerning municipal elected officials have recently been held or 14 contemplated in the City of Homer, the Kenai Peninsula Borough, the Haines Borough, the City of 1s Cordova and the Petersburg Borough; and 16 17 WHEREAS, recall elections are an important part of the democratic process and therefore, the rules 1s governing recall must be clear and easily understood by voters, elected officials, and municipal 19 employees and 20 21 WHEREAS, Alaska Statutes 29.26.240 through A.S. 29,26.360 govern recall elections for municipal 22 officials; and 23 24 WHEREAS, the standards for what constitutes both an action that would justify recall and how a local 25 municipal official should evaluate the recall petition's sufficiency are not clearly defined in the Alaska 26 Statutes, leading to a wide range of interpretations; and 27 26 WHEREAS, in 1984, the Alaska Supreme Court suggested that the Legislature clarify the recall 29 statutes. The Court made the following statement in Meiners v. Bering Strait School District, 867 P.2d 30 287, 296 (Alaska 1984): 31 Each issue in this case arises because one or another of the provisions of Alaska's recall 32 statute is in some way ambiguous. The need for judicial participation in the recall process could be 33 decreased by more carefully drawn statutes. Article XI, Section 8, of the (Alaska) Constitution 34 commands the Legislature to prescribe both the procedures and the grounds for recall. The political 35 nature of the recall makes the legislative process, rather than judicial statutory interpretation, the 36 preferable means of striking the balances necessary to give effect to the Constitutional command that 37 elected officers shall be subject to recall .......... (W )e commend to the Legislature the suggestion that 38 these statutes be revised to clarify its intentions; and 39 40 WHEREAS, over the past 30 years, and despite the Alaska Supreme Court's request, the Alaska 41 Legislature still has not clarified the statutes related to recalling municipal officials; and 42 43 WHEREAS, "misconduct in office;' currently one of the grounds for recalling a municipal official, is 44 undefined in the Alaska Statutes and the level and type of misconduct required is not specified; and 45 46 WHEREAS, the Alaska Supreme Court has stated that it was not advisable to force municipal clerks 47 who are not attorneys to rely on in-depth legal analyses including reviews of case law to determine the 49 sufficiency of recall petitions; and 49 50 WHEREAS, the Alaska Legislature can look to at least 29 other states for examples of laws when 51 deciding how to clarify Alaska's recall statutes as recall of local officials is allowed in Alabama (Ala. 52 Code § 11-44-139), Arizona (Const. Art. 8), Arkansas (Ark. Code § 14-47-112), California (Const. Art. 17 Page 60 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 61 of 85 Review of the Alaska Municipal League Priorities and Resolutions 53 2, § 19 and Cal. Election Code § 11000), Colorado (Const. Art. 21, § 4 and Rev. Slat. § 31/4/501). 54 Florida (Fla. Stat. § 100.361), Georgia (Const. Art. 2, § 2.4 and Ga. Code § 211-1), Idaho (Const. Art. ss 6, § 6 and Id. Code § 34-1701), Kansas (Const. Art. 4, § 3 and Kan. Stat. § 25-4301), Louisiana (Const. 56 Art. 10, § 26 and La. Rev. Stat. § 18:1300), Michigan (Const. Art. 2, § 8 and Mich. Comp. Laws § 57 168.951), Minnesota (Minn. Stat. § 351.14), Missouri (Mo. Rev. Stat. § 77.650 and § 78, 260), Montana 58 (Mont. Code § 2-16-601), Nebraska (Neb. Rev. Stat. § 31-786 and § 32-1309), Nevada (Const. Art. 2, 59 § 9), New Hampshire (N.H. Rev. Stat.§ 49D:3(e)), New Jersey (Const. Art. 1, § 2(b)), New Mexico so (Const. Art. 10, § 9), North Dakota (Const. Art. 3, § 10), Ohio (Ohio Code § 705.92), Oregon (Const. 61 Art. 2, § 18 and ORS § 249.865), South Dakota (S.D. Codified Laws § 9-13-29), Tennessee (Tenn. 62 Code § 6-31-301), Washington (Const Art. 1, § 33-34 and Wash. Code § 29A.56.110), West Virginia 63 (W.Va. Code § 8-12-4(3)), Wisconsin (Const. Art. 13, § 12 and Wis. Stat. § 9.10), and Wyoming (Wyo. 64 Stat. § 154110; and 65 66 WHEREAS, Alaska can look to at least seven other stales that require a specific ground for recall to 67 be stated when a person or group attempts to recall an elected official: Georgia (Ga. Code § 21-4-3(7) 68 and 21.4-4(c)), Kansas (KS Stat. § 25-4301), Minnesota (Const. Art. VIII § 6), Montana (Mont. Code § 69 2-16-603), Rhode Island (Const. Art. IV § 1), Virginia (Va. Code § 24.2-233) and Washington (Const. 70 Art. I, § 33); and 71 72 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League requests that the Alaska 73 Legislature revisit the standards for recalling municipal officials to determine the sufficiency of the 74 definitions and processes therein. 75 76 PASSED AND APPROVED by the Alaska Municipal League on this 17' day of November, 2017. 77 78 79 eo Signed: 81 Pal Branson, President, Alaska Municipal League 82 83 84 85 Attest: 86 Kathie Wasserman, Executive Director, Alaska Municipal League 87 88 89 90 Submitfed by the Cky or Homer 91 18 Page 61 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 62 of 85 Review of the Alaska Municipal League Priorities and Resolutions 1 2 3 4 5 ALASKA MUNICIPAL LEAGUE 6 7 RESOLUTION #2018-06 8 9 A RESOLUTION OF THE ALASKA MUNICIPAL LEAGUE REQUESTING THAT THE 10 LEGISLATURE AMEND THE SENIOR CITIZENS/DISABLED VETERAN'S 11 PROPERTY TAX EXEMPTION (as 29.45.030(G)), BY REINSTITUTING THE MEANS 12 BASED PROVISION, AND EXCLUDE THE VALUE FROM THE DETERMINATION 13 UNDER as 14.17.510, TO ENSURE THE FAIR AND EQUITABLE TREATMENT OF 14 ALL PROPERTY OWNERS, WHILE ALSO PROVIDING EXEMPTIONS TO THOSE 15 WHO ARE ECONOMICALLY DISADVANTAGED 16 17 WHEREAS, in 1973, the State of Alaska mandated that all municipalities provide senior 18 citizens with a tax exemption on the total assessed value of their residential property, on 19 a needs basis. During that year, a total of nine -hundred and eleven (911) persons were 20 exempt from paying a total of $197,050 in property tax to municipalities, for which the 21 slate reimbursed municipalities; and 22 23 WHEREAS, the needs based provision was removed from this mandate in 1974; disabled 24 vets and surviving spouses were added in 1985; and the law was amended to limit the 25 exemption to the first $150,000 of the assessed property value in 1986; and 26 27 WHEREAS, the Stale of Alaska stopped reimbursing municipalities for this mandated 28 exemption in 1997; and 29 30 WHEREAS, by 2015, thirty-five thousand, five -hundred and sixty-one (35,561) persons 31 were exempt from paying a total of $66,223,849 in property taxes; and 32 33 WHEREAS, the exemption was given to these two groups because of perceived 34 economic disadvantages; and 35 36 WHEREAS, these exemptions are placing more and more of a financial burden on all 37 other property owners, some of whom are legitimately economically disadvantaged; and 38 39 WHEREAS, while some of the currently exempt population is economically 40 disadvantaged and should continue to receive this exemption, many who receive it are 41 not; and 42 43 WHEREAS, this mandatory exemption further burdens municipalities by barring revenues 44 needed to fund essential government services; and 45 46 WHEREAS, State and Federal funds to support municipal services are being reduced. 19 Page 62 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 63 of 65 Review of the Alaska Municipal League Priorities and Resolutions 47 48 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League strongly 49 requests that the Legislature amend the Senior Citizen's/Disabled Veteran's Property Tax 5o Exemption (AS 29.45.030(g)), excluding the value from the determination under AS si 14.17.510, by reinstituting and administering a means based determination to allow only 52 those senior citizens and disabled veterans and their spouses who are economically 53 disadvantaged to continue receiving this exemption. 54 55 PASSED AND APPROVED by the Alaska Municipal League on this 17th day of 56 November, 2017. 57 5s 59 60 Signed: 61 Pat Branson, President, Alaska Municipal League 62 63 64 65 Attest: 66 Kathie Wasserman, Executive Director, Alaska Municipal League 67 68 69 70 Submitted by the Kenai Peninsula Borough 20 Page 63 of 65 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 64 of 85 Review of the Alaska Municipal League Priorities and Resolutions 1 2 3 4 5 ALASKA MUNICIPAL LEAGUE 6 7 RESOLUTION #2018-07 e 9 A RESOLUTION IN SUPPORT OF FULL FUNDING ($9,820,141) FOR THE STATE 10 OF ALASKA MUNICIPAL HARBOR FACILITY GRANT PROGRAM IN THE FY 2019 11 STATE CAPITAL BUDGET 12 13 WHEREAS, the Alaska Municipal League recognizes the majority of the public boat 14 harbors in Alaska were constructed by the State during the 1960s and 1970s; and 15 1s WHEREAS, these harbor facilities represent critical transportation links and are the 17 transportation hubs for waterfront commerce and economic development In Alaskan 18 coastal communities; and 19 20 WHEREAS, these harbor facilities are ports of refuge and areas for protection for ocean - 21 going vessels and fishermen throughout the State of Alaska, especially In coastal Alaskan 22 communities; and 23 24 WHEREAS, the Stale of Alaska, over the past nearly 30 years, has transferred ownership 25 of most of these State-owned harbors, many of which were at or near the end of their 2s service life at the time of transfer to local municipalities; and 27 28 WHEREAS, the municipalities look over this important responsibility even though they 29 knew that these same harbor facilities were in poor condition at the time of transfer due 30 to the state's failure to keep up with deferred maintenance; and 31 32 WHEREAS, consequently, when local municipal harbormasters formulated their annual 33 harbor facility budgets, they inherited a major financial burden that their local municipal 34 governments could not afford; and 35 36 WHEREAS, In response to this financial burden, the Governor and the Alaska Legislature 37 passed legislation in 2006, supported by the Alaska Association of Harbormasters and 38 Port Administrators, to create the Municipal Harbor Facility Grant program, AS 29.60.800; 39 and 40 41 WHEREAS, the Alaska Municipal League is pleased with the Department of 42 Transportation and Public Facilities administrative process to review, score and rank 43 applicants to the Municipal Harbor Facility Grant program since state funds may be 44 limited; and 45 21 Page 64 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 65 of 85 Review of the Alaska Municipal League Priorities and Resolutions 46 WHEREAS, for each harbor facility grant application, these municipalities have 47 committed to Invest 100% of the design and permitting costs and 50% of the construction 48 cost; and 49 so WHEREAS, the municipalities of the Municipality of Anchorage, the City and Borough of 51 Juneau, the City of Ketchikan, the City and Borough of Sitka, the City of Whale Pass and 52 the City of Whittler have offered to contribute $9,820,141 In local match funding for FY 53 2019 towards eight harbor projects of significant Importance locally, as required In the 54 Harbor Facility Grant program; and 55 56 WHEREAS, completion of these harbor facility projects is all dependent on the 50% 57 match from the State of Alaska's Municipal Harbor Facility Grant program; and sa 59 WHEREAS, during the last ten years, the backlog of projects necessary to repair and 60 replace these former State-owned harbors has Increased to over $100,000,000. 61 61 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League urges full 63 funding by the Governor and the Alaska Legislature for the State of Alaska's Municipal 64 Harbor Facility Grant program in the FY 2019 State Capitol Budget, in order to ensure 65 enhanced safety and economic prosperity among Alaskan coastal communities. 66 67 PASSED AND APPROVED by the Alaska Municipal League on this 17th day of 68 November, 2017. 69 70 71 72 Signed: 73 Pat Branson, President, Alaska Municipal League 74 75 76 77 Attest: 78 Kathie Wasserman, Executive Director, Alaska Municipal League 79 80 81 82 Submitted by the Alaska Association of Harbormasters and Port Administrators 83 22 Page 65 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2. b. Page 66 of 85 Review of the Alaska Municipal League Priorities and Resolutions 1 2 3 4 5 ALASKA MUNICIPAL LEAGUE 6 7 RESOLUTION #2018.08 a 9 A RESOLUTION OF THE ALASKA MUNICIPAL LEAGUE IN SUPPORT OF SENATE 10 BILL 92; AN ACT RELATING TO ABANDONED AND DERELICT VESSELS 11 12 WHEREAS, hundreds of derelict vessels currently litter Alaska's coastline and harbors 13 and these numbers will Increase every year unless action is taken to address aging fleets 14 and changing commercial fisheries; and 15 16 WHEREAS, in the past two years alone, there have been numerous derelict vessel 17 situations that have cost the state, municipalities, and the federal government, 1s considerable expense, including two ex -Nary lugs in Adak, abandoned barges in 1s Steamboat Slough near Bethel, and the tug Challenger that sunk off Juneau; and 20 21 WHEREAS, the Alaska Municipal League recognizes the widespread costs and then 22 environmental and navigational risks for both municipalities and the slate, associated with 23 derelict vessels; and 24 25 WHEREAS, neighboring states have dramatically strengthened their derelict vessel 26 prevention laws In the past five years to better prevent, track and manage derelict vessels, 27 Including raising fees to support state management of derelict vessels and requiring 28 vessel insurance; and 29 30 WHEREAS, In 1990, the Alaska Legislature passed a resolution acknowledging the need 31 to better understand and address the existing and growing problem of derelict vessels 32 around the state; and 33 34 WHEREAS, the State of Alaska has outdated statutes regarding derelict vessels which 35 lack the ability to track vessel owners, agency enforcement authority, statewide 36 coordination of response, funding and vessel insurance requirements; and 37 38 WHEREAS, in 2013, the AAHPA supported the creation of the ad-hoc derelict vessel task 39 force which Includes representatives from state and federal agencies, as well as the 40 AAHPA, regional tribal representatives, federal and state legislative offices, and private 41 industry; and 42 43 WHEREAS, over nine full-day meetings, the task force developed thoughtful, robust and 44 meaningful proposed changes that will help all stakeholders around the state, including 45 harbor facilities, better address and prevent derelict vessels; and 46 23 Page 66 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 67 of 85 Review of the Alaska Municipal League Priorities and Resolutions 47 WHEREAS, this will help our members protect harbor infrastructure, keep valuable 48 moorage space In our harbors available, and will prevent unsustainable economic, 49 environmental and navigational hazards; and 50 51 WHEREAS, the proposed changes will improve communication and coordination 52 between Alaska's harbors and stale and federal agencies, directly leading to decreased 53 costs associated with managing derelict vessels. 54 55 NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League fully supports 56 the passage by the State Legislature of Senate Bill 92. 57 5s PASSED AND APPROVED by the Alaska Municipal League on this 17th day of 59 November, 2017. 60 61 62 63 Signed: 64 Pat Branson, President, Alaska Municipal League 65 66 67 68 Attest: 69 Kathie Wasserman, Executive Director, Alaska Municipal League 70 71 72 73 Submitted by the Alaska Association of Harbormasters and Port Administrators 74 24 Page 67 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 68 of 85 Review of the Alaska Municipal League Priorities and Resolutions Position Statement Guidelines The AML Position Statement was developed by an AML standing committee composed of the AML President and appointed or elected officials from member municipalities who have expertise in one or more of the following subject areas: • Economic Development • Education • Energy • Finance/Taxation • Public Safety • Resource Management • Transportation Other committee members Include: • One At -Large member • AML Executive Director • Sitting board President In order to assure that the position statements remain true to the goal of reflecting the will of our members and the League's philosophy and mission, changes to the position statements will be considered by both the committee and the membership only if endorsed by resolution, of a member's governing body. Changes begin during the AML Summer Conference in August. A copy of the current AML Position Statement was sent to all member municipalities for review (617/2017). For changes to be considered during the AML Summer Conference to the DRAFT 2018 Position Statement, resolutions must be received by email, mall or fax, no later than August 10, 2017. The DRAFT 2018 Position Statement is then sent to all member municipalities prior to the AML Annual Business meeting in November. For changes to be considered, resolutions supporting the change must be received in the AML office electronically by email, mail or fax, no later than October 6, 2017. Resolutions for changes to this document will not be accepted after this dale. The Position Committee shall debate and act upon each resolution for final recommendations to the membership during the Position Committee meeting on November 15, 2017. If the Position Committee does not accept the submitted resolution, the governing body may bring It to the floor at the General Session on November 16, 2017 for discussion. Those resolutions accepted by the Position Committee shall also be discussed during the General Session on November 16, 2017 for incorporation into the Position Statement. The amended Position Statement shall be voted on by the full membership at the AML Business Meeting to be held on the morning of November 17, 2017. Note: These resolutions are "separate" from the Action Resolutions that AML adopts to further a specific "Issue" during the Legislative or Congressional session. Please email your resolutions to: ksthieCa)akml,orc; fax to: (907) 463-5480; or mail to: AML, One Sealaska Plaza Suite 200, Juneau, AK 99801 25 Page 68 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. 26 Page 69 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2. b. Page 70 of 85 Review of the Alaska Municipal League Priorities and Resolutions DRAFT 2018 Position Statements One Sealaska Plaza, Suite 200 .Juneau, Alaska 99801 (907)586-1325 Fax (907) 463-54811 avvvvv.akml.orc Kathie Wasserman, Executive Director kathic@akml.org 27 Page 70 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2. b. 28 Page 71 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 72 of 85 Review of the Alaska Municipal League Priorities and Resolutions Local Control Article X of the Alaska State Constitution makes mention, throughout, of "maximum local self-government..." The Alaska Supreme Court has used this section to make close calls In favor of municipalities in many court proceedings. While Title 29 lays out the laws under which a municipal government must operate, liberal construction is given to municipalities under the State Constitution. Due to the large geographical land mass of Alaska; due to the different cultures that are in place in the many large areas of Alaska; due to the differing array of climates and environment experienced by each area of Alaska; and due to the differing Infrastructure, facilities and services provided within each area, It is common knowledge that most "one size fits all' legislation that might attempt to envelop the entire State does not usually work well In Alaska. Therefore, It Is imperative that, unless prohibited by law, municipalities closest to the electorate be able to provide their constituents with the laws, services, benefits, and taxation that the local populations, through their local elected officials, feel is appropriate. The Alaska Municipal League has always based their positions upon two guiding principles: Does it allow for maximum local control, and/or does It create an unfunded mandate. 29 Page 72 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 73 of 85 Review of the Alaska Municipal League Priorities and Resolutions Rpyp� Sha.^ ��^r s Community Assistance The State's Constitution entrusts state government with managing the state's resources to the maximum benefit of all Alaskans. The Constitution also promotes maximum self - governance at the local level. It is therefore incumbent upon the Governor and Legislature to manage and distribute the wealth of Alaska's resources to local governments each and every year. Predictable, dependable, and direct Revenue -Sharing Community Assistance is therefore required for the State to meet its Constitutional obligations. To that end, the to should designate a specific long-term funding source that would perpetually sustain the Revenue -Shariag Community Assistance program. 30 Page 73 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 74 of 85 Review of the Alaska Municipal League Priorities and Resolutions PERS/TRS Unfunded Liability Management of Alaska's public retirement system has always been the responsibility of State government. Participating municipalities have had no choice but to rely on information provided by the State when making decisions regarding their own contributions to the system. Decades of improper accounting and inaccurate actuarial data provided by the State to municipalities, has now created a huge unfunded pension liability that can no longer be accurately apportioned among all participating employers. The League recognizes that there is municipal responsibility to participate in solving this fiscal problem. However, as the primary responsible party and the only entity with the long-term resources to effectively deal with the magnitude of the issue, the State should incorporate into its long-term fiscal planning strategy a leading position that ensures this ongoing obligation is met, while maintaining close coordination with participating employers to avoid the potential of shifting too great a burden to local governments. The Alaska Municipal League strongly supports reforms that would allow flexibility with regards to the management of the local government workforce (i.e., termination study costs, below -the - floor penalties). 31 Page 74 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 75 of 85 Review of the Alaska Municipal League Priorities and Resolutions Fiscal Policy It is critical for the State to establish long-term financial policy as opposed to short-term reactive approaches that primarily focus on annual revenue/expenditure fluctuations or fiscal austerity. Accumulation of reserves during good years should continue as part of that policy, however draws from reserves during lean years should be more process driven and not as subject to political bartering. When necessary, Stale budget cuts in one department's program area must be coordinated with complimentary programs in other departments. The same needs to occur between Slate and local municipal programs. To do otherwise will sacrifice critical service delivery and the health of the economy statewide. The League calls upon the Governor to provide Cabinet level leadership during budget formulation to balance these Interrelated effects. Al the legislative level the League asks that the Director of Management and Budget works closely with the Director of the Legislative Finance Division to assure that programs remain balanced during the Legislature's budget deliberations. The Legislature must also ensure that Stale initiatives always Include the necessary Slate resources required for implementation. Unfunded mandates to local governments are tantamount to unilaterally usurping critical local income and priorities. State funding reductions to municipalities, when necessary, should occur over a number of years to provide those municipalities with the reaction time to make adjustments. New revenue sources, if considered, must always consider impacts to existing local government revenue sources first. Local municipal sources already in place must always take primacy over new Stale revenue schemes. 32 Page 75 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2. b. Page 76 of 85 Review of the Alaska Municipal League Priorities and Resolutions Education Funding of Public School Districts:—The Alaska Constitution provides that the State shall "establish and maintain a system of public schools." The State established school districts to be the basic unit for the administration of schools. The funding of these school districts Is complex and segmented with Federal, State, and local sources. Additionally, Stale and Federal categorical funds are available to meet special circumstances, which adds to the complexity. • Sudden alterations In funding and dramatic shifts In funding levels cause havoc as the districts try to Implement programs. Thus, stability of funding Is required for the adequate management of school districts. Funding levels will change; but predictable,hp ased Increases (or reductions if necessary) are essential. " Additionally, billions of State and local dollars have been expended on educational Infrastructure, sudden reductions in funding Inevitably cause the deferral In maintenance of this massive investment. Such deferral of maintenance Increases the eventual price tag when minor maintenance Issues become critical failures. Local Control: One of the League's guiding principles is local control. AML recognizes that ultimate control of education rests with the State Legislature by constitutional dictate; but also recognizes that every educational mandate by the Legislature can impact other Important locally developed programs. Every School District is unique with widely different populations, cultures, lifestyles, educational backgrounds, and expectations. AML therefore challenges the Legislature to maximize local control over education and to provide flexibility for local circumstance wherever possible. Evaluation of School Performance: Evaluation of schools is a process of assessing and reporting a set of key indicators, such as student standardized test results, proficiency rates, graduation rales, drop-out rates, etc. This evaluation process should provide the community with the data on how well the students and district are performing, and to provide the school district with the benchmarks for programmatic improvement The goal is to continuously improve local educational programs. Almost every new Administration brings a new performance or accountability program, with a different twist, tool, or plan requiring school district action or adaptation. Each alteration has the potential of interfering with the longitudinal evaluation data stream. Thus It Is essential that each change be tailored to avoid that disruption. In Alaska, the evaluation process needs to be local, positive, and focused on continually enhancing the local educational performance. Education Programs for Workforce Development: The primary task for Alaska's University System and the vocational technical centers In Alaska Is to prepare Alaskans with the skills needed by Alaskan industries and employers. There are, of course, other tasks performed by these educational Institutions, but preparing the populace to meet the economic and workforce needs in Alaska needs to be kept as the principal priority. 33 Page 76 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Energy Enerav Policy. Alaska's economy depends heavily on Increasingly expensive gasoline and diesel fuel for healing, transportation, and electric power. Energy costs In rural areas are generally significantly higher, but vary widely depending on transportation costs, seasonal usage peaks, nearby petroleum development infrastructure, and many other factors. Wind and hydroelectric power are abundant and underdeveloped. Processing and distribution facilities to use some of the oil and gas produced in Alaska are virtually non-existent. There are extensive gas reserves, but no current way to get It to the lower 48 or other markets. Production, transportation, storage, and distribution systems to take advantage of these resources in Alaska must be developed Immediately. Alaska's current oil and gas energy policy Is complicated and to some extent, driven by the Industry and national political decisions which are outside AlaskaR4 �Alaska's control. Support, other than financial, should be provided to encourage new exploration and development of oil and gas resources. Alaska policy needs to emphasize the production, distribution, use and sale of our all and gas resources to benefit all Alaskans. Alaska's energy policy therefore requires a thorough review with emphasis on the needs of Alaska residents. Permitting and future development of energy resources need to emphasize "Alaska First." Processing facilities and distribution for Alaskans must be a very high priority. Other opportunities, akheugh expensive, bound for the use of alternative energy, r•^^ the suR, wateF wind and tidy SUFges. The technology to build and operate facilities utilizing some of Alaska's natural resources to provide biomass far heat and fuel also needs more emphasis. Revenues from a new natural gas pipeline must be made available for local communities and rural residents to draw upon for energy related grants or for low Interest rate loans to help diversify sources and reduce energy costs. Enemy Plannlno. Alaska Is one of the most energy rich states In the union, yet the cost of energy throughout the State Is far above the national average. Most local governments have Identified the cost of energy as a primary detrimental Influence affecting quality of life and economic expansion within their communities. As the Stale moves forward with plans to develop a North Slope LNG pipeline to tidewater, it is critical that strategic planning he staFted immedialel continue at the State level to Identify local energy needs statewide, and to develop a comprehensive plan to use either the natural gas itself, or the revenue from the sale of natural gas, to mitigate the high cost of energy throughout the Stale. This planning must occur In time to Influence the design of any LNG pipeline and/or associated processing/shipping facilities, as to maximize the ability of those facilities to meet the strategic energy needs of the State. PCE Program. The PCE program was created in 1984 as part of a larger legislative effort to reduce the cost of electricity for Alaskans all across the state. Today, the PCE program provides price relief for electricity to approximately 83,000 people in 190 communities. Approximately $31 million in price relief was paid to these communities in FY16. However. the PCE program did not envision that a number of communities would eventually work to significantly reduce their reliance on diesel fuel by Investing In renewable/clean energy generation. Now. the PCE rules and regulations should be revised to provide a source of investment for renewable/clean energy protects that could be leveraged for additional Public or private Investment by de -coupling the PCE Payment from diesel fuel consumption and Instead, use PCE as a guaranteed energy -revenue stream to all eligible communities. 34 Page 77 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 78 of 85 Review of the Alaska Municipal League Priorities and Resolutions Transportation Transportation Infrastructure In Alaska Includes much more than roads. When we say transportation we mean surface, air, trail, rail and water. All of these modes work together to move people, goods and services throughout our great state. Transportation investment has been studied and proven to be a critical economic driver over and over again. Alaska's transportation Infrastructure Is pivotal to the state's economy and facilitates access to markets, supplies, and most of all, resources. Improving and Investing in Alaska's transportation system will enhance the global competitiveness of Alaska business and economic opportunities for its people. Alaska needs new transportation infrastructure development to provide access to resources, reduce barriers for communities to participate In the economy, allow for safe and efficient transportation for all Alaskans, and to dramatically Improve Alaskan's quality of life statewide. It Is equally Important to ensure the maintenance of our existing infrastructure. Historically, the federal government has been funding 85%-90% of Alaska's transportation Infrastructure budget. The Federal Highway Trust Fund is experiencing significant shortfalls, contributing to a decrease in federal funds for Alaska, which is not likely to rebound. The League therefore supports a State Transportation Fund with predictable funding that will provide continuity between Administrations and be applicable to all our modes of transportation. 35 Page 78 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2. b. Page 79 of 85 Review of the Alaska Municipal League Priorities and Resolutions Fishing Alaska has over 34,000 miles of coastline on three different seas: Arctic Ocean, Pacific Ocean, and the Bering Sea. Over half of the nation's commercially harvested fish, crab and shrimp come from Alaska, nearly four times more than the next largest seafood producing stale. A rich variety of other species, such as sea cucumbers, abalone, sea urchins, herring, etc. also come from Alaskan waters and provides unique export markets. More than eight of Alaska's ports consistently rate In the top 30 U.S. ports in terms of volume or value of seafood delivered. Seafood has been and remains one of Alaska's top export commodities. The vast fishery resources of Alaska are of significant importance to the economies of the state and the nation. Local benefits from these resources are not uniformly spread throughout Alaska, but heavily concentrated in communities along the coast of Alaska. The economies of many Alaskan coastal communities are largely dependent on the fishing industry. Throughout most of the state, there is also a subsistence and recreational need and lifestyle associated with fish resources. These are critically Important sectors of our culture and economy that must also be considered in any resource management plan for the Industry. Revenues to local communities from fishing vary considerably and are dependent on a number of factors including the overall health and strength of various fisheries, quota allocations, changing management schemes, as well as the location of processors and the public and private docks or ports to which the catches are delivered. As state funding declines many of the coastal communities face major challenges to maintain community services provided, In part, to the large seasonal influx of fisherman. It will therefore be almost impossible to maintain these current ports and harbor facilities without some other sources of revenue, including consideration of recreational demand on these facilities. As the fishing Industry adjusts to change, the stale needs to review Its current laws and regulations regarding the collection and distribution of revenues from fishery resources and ensure they are equitably allocated to Alaska's fishing communities. 36 Page 79 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 80 of 85 Review of the Alaska Municipal League Priorities and Resolutions Public Safety The State provides needed public safety services to areas not covered by local law enforcement agencies (per AS 44.41.020) and assistance to municipal police departments with the enforcement of criminal laws (AS 18.65.090). It Is also critical for the State to maintain all necessary training for Village Public Safety Officers (VPSOs) as they provide essential public safety services to communities that otherwise would not have law enforcement. Municipalities often depend on the State, which has the responsibility for search and rescue operations (AS 18.60.120), to conduct search and rescues within their municipalities. The State provides a criminal justice Information system that Is utilized by State and local law enforcement agencies (AS 44.41.020(b)) and Is vital to municipal law enforcement, as it provides Information unavailable through any other sources. Further, the Stale Crime Lab provides basic forensic services to law enforcement agencies free of charge. State and local law enforcement rely on these services for aiding in the investigation and prosecution of crimes and in solving other non -criminal cases. The State has Implemented and maintains an Interoperable communication system that is used by an Increasing number of public safety personnel In the state. This system allows for an increased range of operation and the ability to communicate with other local and state agencies. As long as the cost of these systems continues to be bome by the State, municipalities will continue to find them to be very useful tools. The Slate operates the Public Safety Academy which trains many law enforcement officers and provides consistency with public safety services statewide. The training for municipal police officers at the academy Is generally funded, upon request through the Alaska Police Standards Council (APSC). APSC Is also responsible for setting the standards for police officers and for certifying police officers. Some municipalities operate contract holding facilities for in -custody persons. These municipalities rely on funding from the State to operate these facilities. In Ileu of this, the Department of Corrections or law enforcement would be required to transport prisoners at an increase in both time and state expense. Emergency Medical Technician certifications and Paramedic licensing (required by AS 18.08.84 and 12 AAC 40.300-390 respectively) represent essential life safety functions of the state that must be continued. The required Division of Forestry training for response to wild land fires is also critically important to ensure the protection of all slate lands and threatened nearby Infrastructure. Funding for this program should be maintained. 37 Page 80 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2. b. Page 81 of 85 Review of the Alaska Municipal League Priorities and Resolutions Economic Development Economic development permeates all AML position statements. Effective communication between the Governor, the Legislature, and local governments Is critical to the success of any strategic long range state or local economic development strategy. Even though government cannot affect all the factors important to economic development, It can have a significant Impact through both Its traditional role as a public service provider and regulator, and Its entrepreneurial role as a dealmaker and business recruiter. Of these two roles, the former is essential — government must provide quality basic services and an efficient regulatory environment if it wishes to create economic development. Providing further Incentives to businesses are optional; whether it makes sense depends on what government can reasonably offer, the extent to which such offerings are necessary to attract or retain firms, and that the cost of such offerings can be fully funded by the State be entirely a local option. Public policy can affect factors that are Important to businesses, primarily through regulations, taxes, and incentives. It Is therefore Incumbent upon the Governor and Legislature to maintain a long -tens commitment to Alaska's future by considering local stability and growth, as well as local community plans to develop and implement a comprehensive Slate vision for economic growth and diversification. Such a vision then needs to guide all future State policy and budgetary decisions. 38 Page 81 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 82 of 85 Review of the Alaska Municipal League Priorities and Resolutions Minerals Alaska's size and complex geology provide Immense opportunity for a wide variety of minerals to occur, Including coal, gold, copper, silver, molybdenum, zinc, and rare earth minerals. Before statehood, the mineral industry made up about 30% of the economy as compared to about 5% today. Vast untapped mineral reserves still exist. Some of the disadvantages in Alaska are the distances from markets, lack of road systems to move the material, and in some cases, the lack of technology to develop and process the mineral. All these factors raise the cost of production and make It harder for the industry to compete with other parts of the U.S. and the world. Alaska enjoys a unique position in that there are vast untapped minerals for the future. These minerals are available to be developed when needed. Such development should occur while incorporating the best environmental practices to protect the environment. Bonds need to be required to protect the resources and people In case of default. AML supports and encourages research efforts, whether public or private, Into new and improved methods to overcome Alaska's disadvantages, to negate potential adverse Impacts, and to Improve mineral recovery. Special emphasis should be aimed at improving discharge quality from mine operations and to reduce the risk of dam failures. The Governor and Legislature need to be active advocates in the responsible development of our mineral resources. 39 Page 82 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 83 of 85 Review of the Alaska Municipal League Priorities and Resolutions Clean Water Alaska's abundance of rivers, lakes, wetlands, snowfields, and glaciers comprise an estimated 40% of the Nation's surface water. There are more than 12,000 rivers In Alaska, and three of those rivers, the Yukon, the Kuskokwlm, and the Copper, are among the ten largest rivers in the United States. Alaska has more than 3 million takes ranging from pond size to 1,000 square miles. Despite Alaska's wealth of water, its water resources are not uniformly distributed geographically or seasonally. Water is highly important to Alaskans, not only for domestic use, but also for the fishing and tourism industries. Alaska needs to assure that policies are in place to protect the quality of its waters, while not Inhibiting responsible development, and that those policies are reviewed and updated periodically to assure they Include the most up to date and proven science, and are applicable to the unique characteristics of our state. Alaska also needs to take an active role In the trans -boundary protection of rivers and streams. Treaties with Canada on the protection of rivers need to be reviewed to assure they Include new technologies and practices. All types of development need to account for the costs of putting the best mitigation practices in effect. 40 Page 83 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 84 of 85 Review of the Alaska Municipal League Priorities and Resolutions CITY OF KING COVE Resolution 16-01 A Resolution Endorsing a Proposed Change to AML's 2017 Position Statement Regarding Energy with Consideration for Including a Statement Regarding the State's PCE Program WHEREAS, the City is a member of the Alaska Municipal League (AML) and regularly participates in AML's annual and meetings, including active engagement in the organization's legislative and political debates and actions; WHEREAS, the City has actively participated in the preparation and adoption of AML's 2017 Position Statements, which covers twelve key topical areas of interests to local governments around the State; and, WHEREAS, the topical area of "Energy" is of particular interest to the City, and more specifically, including an AML position regarding the State's Power Cost Equalization (PCE) program as part of this topical area. NOW THEREFORE BE IT RESOLVED, the City Council hereby recommends and "Energy" position statement be amended to Include the following position: The PCE program was created in 1984 as part of a larger legislative effort to reduce the cost of electricity for Alaskans all across the state. Today, the PCE program provides price relief for electricity to approximately 83,000 people in 190 communities. Approximately $31 million in price relief was paid to these communities in FY16. However, the PCE program did not envision that a number of communities would eventually work to significantly reduce their reliance on diesel fuel by investing in renewable/clean energy generation. Now the PCE rules and regulations should be revised to provide a source of investment for renewable%lean energy projects that could be leveraged for additional public or private investment by decoupling the PCE payment from diesel fuel consumption and instead use PCE as a guaranteed energy -revenue stream to all eligible communities. PASSED AND APPROVED on theme of July 3, 2017 by a duly constituted quorum of the City of King Cove City Council. Henry Macy , Mayor ATTEST: �( Cn�Q I ✓`-" Cheryl Bemtsen, City Clerk Ayes Abstained -6 Nays Absent 41 Page 84 of 85 Review of the Alaska Municipal League Priorities and Resolutions AGENDA ITEM #2.b. Page 85 of 85 Review of the Alaska Municipal League Priorities and Resolutions 5 BOROUGH ASSEMBLY OPERATING MANUAL Table of Contents Policies of the Kodiak Island Borough Assembly GeneralStatements...................................................................................................2 PolicyDirectives................................................................................................2-4 Procedures and General Information Absences...................................................................................................4 Executive Session...................................................................................................5 Conflictof Interest...................................................................................................5 Standard Operating Procedure....................................................................................6 Operating Procedures — General..............................................................................6-7 Service Area Board Members.....................................................................................8 SchoolDistrict...................................................................................................8 Borough Assembly Agenda.............................................................................................9-11 DebateRules......................................................................................................................12 Sample Assembly Agenda............................................................................................13-14 Assembly Members Code of Conduct ConductWith One Another........................................................................................15 In Private Encounters.................................................................................................15 Conduct With the Clerk's Office............................................................................15-16 Conduct With the Borough Staff.................................................................................16 ConductWith the Public.............................................................................................17 InPublic Meetings.................................................................................................17 InUnofficial Meetings.................................................................................................18 OverallTips to Live By...............................................................................................19 Helpful. Hints — Meetings............................................................................................19 Yearat a Glance.................................................................................................20 KIB Assembly Operating Manual Page 1 of 20 Rev. 10/2017 (nj) POLICIES OF THE KODIAK ISLAND BOROUGH ASSEMBLY These policy directives have been written to promote routine handling of various categorical business practices. Text in blue and italicized are codified, the rest are directives that were discussed and agreed upon by previous Assembly. Other information was taken from Alaska Statutes. General Statements The Kodiak Island Borough is a second class general law borough incorporated September 1963. • There are two classes -first and second class, both of which have mandatory powers of education, land use planning, and tax assessment and collection. • Both classes have separately elected borough assemblies and school boards. • The major difference between the first and second-class boroughs is in how they may acquire other powers. The executive duties of the borough are vested in the mayor whom shall act as ceremonial head of the Borough. The Mayor presides at all Assembly meetings, and signs ordinances and other documents on the Borough's behalf upon Assembly authorization. The failure of the Mayor to sign an ordinance or resolution does not invalidate them. The Mayor has the power to veto actions of the Assembly but may be overridden with a 213 vote of the Assembly. The Assembly consists of seven members elected at large. An Assembly member may not hold a position as borough mayor or borough employee, except as provided by statutes. The legislative power of the borough is vested in the assembly. The Assembly is otherwise known as the governing body. The Assembly formally establishes borough policy by ordinance or resolution. Policy Directives 1. Assembly Relations with Employees and Department Heads. The manager, administrative official, clerk, and attorney are appointed by the assembly. The Assembly acts as a whole, not as individuals. Questions of borough staff and/or requests for additional information should be directed to the Borough Manager, Administrative Official, or the Borough Clerk. 2. Assembly Relation with Borough Attorney. Because the Borough may sue and be sued and may enter into legal agreements, the Assembly may retain legal counsel to act on the Borough's behalf and to be recognized as the attorney. The Assembly appoints the attorney by resolution. The Attorney serves at the pleasure of the Borough Assembly and may be removed by order of the Assembly. Any member of the Assembly may request the Manager or Clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting. During a work session or a meeting, any two or more members of the Assembly may request written legal opinions, relating to borough business, from the Attorney through the Manager's or the Clerk's office. KIB Assembly Operating Manual Page 2 of 20 Rev. 10/2017 (nj) 3. Assembly Conduct — Statement of Assembly on Behalf of the Kodiak Island Borough Legislative powers are vested in the Assembly. Statements of the Assembly and correspondence on behalf of the Borough are based on consensus and resolve of the Assembly body and substantiated by official record. Assembly members should check with the Borough Manager or the Borough Clerk to see if an official Borough response from Staff has already been sent or is in progress. 4. Staff Meetings Assembly members should only attend meetings with staff if invited. Even if the Assembly member does not say anything, the Assembly member's presence implies support, or may show partiality, intimidate staff, and hamper staffs ability to be objective. 5. Assembly Official Travel. Travel: • Shall be at the most economical fare possible. • Requests shall be submitted timely. • Once accepted, confirmed, and tickets are purchased, any changes and additional fees shall be the assembly member's responsibility. • For other than annual routine conferences or meetings, Assembly members shall ask for concurrence of the Assembly. Following completion of travel, the Assembly member shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip. 6. Borough Assembly Minutes. Robert's Rules of Order states: Minutes should contain mainly a record of what was done at the meeting, not what was said by the members. The minutes of the Borough Assembly and Board and Commission meetings, are in "action format" which states clearly the subject considered and the action. Individual comments of the Assembly are summarized. Statements for the record are prefaced with a directive that the comment "be entered in the minutes." 7. Borough Assembly Meetings The Assembly regular meetings are held in the Borough Assembly Chambers at 6:30 p.m. on the first and third Thursday of each month. Work sessions are normally held Thursdays the week before the regular meeting. Meetings and work sessions shall adjourn by 10:30 p. M. 8. Appointments to Boards and Commissions. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the Mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in the code. An appointment not confirmed by the Assembly shall not become effective. KIB Assembly Operating Manual Page 3 of 20 Rev. 10/2017 (nj) 9. Orientation of New Assembly Members A general orientation to municipal government, Assembly conduct and expectation will take place in close proximity to being sworn into office. The Clerk is responsible for providing the orientation program. 10. Release of Telephone, Mailing Address, and Location of Assembly, Board, and Commission Members It is the policy of the Kodiak Island Borough to release all available information on any official unless otherwise directed by the individual official. PROCEDURES GENERAL INFORMATION Introduction: Alaska Statutes (AS), Kodiak Island Borough Code (KIBC), and Robert's Rules of Order govern powers and operations of the Assembly. AS Title 29 specifically deals with municipalities; however, other State statutes can affect specific subjects of consideration. The following is a quick reference for Assembly members confronted with their first exposure as an elected official. ABSENCES — Be excused from a meeting No member of the Assembly may absent himself from any regular or special meeting of the assembly except for good cause. An Assembly member who is unable to attend a meeting shall advise the Clerk or the Mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the Chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the Assembly. Declaring vacancies. A. The Assembly shall declare a 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; 4. is physically or mentally unable to perform the duties of office as determined by two- thirds vote of the governing body; 5. is convicted of a felony or of an offense involving a violation of the oath of office; 6. is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the members of the governing body concur in expelling the person elected; 7. is convicted of a violation of AS 15.13; 8. no longer physically resides in the municipality and the governing body by two-thirds vote declares the seat vacant; this paragraph does not apply to a member of the governing body who forfeits office under AS 29.20.140 (a); 9. or if a member of the governing body, misses three consecutive held regular meetings and is not excused. B. If a member of the governing body misses one-half (1/2) of the meetings held in any year of his or her term office, each year between November 1 and October 31, the seat shall be automatically vacated. Clerk's note: A spreadsheet is regularly distributed to the Mayor and Assembly to reflect attendance. KIB Assembly Operating Manual Page 4 of 20 Rev. 10/2017 (nj) EXECUTIVE SESSION — Call for...... The Assembly may meet in executive session, at the call of the Mayor, Deputy Presiding Officer, or any four members of the Assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the Assembly in closed session may discuss: a) potential or pending litigation to which the Borough may become or is a party; 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; or d) matters involving negotiations with labor organizations representing borough employees; e) matters which by law or ordinance are required to be confidential, 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. Executive sessions cannot be unannounced, secret meeting. An executive session is a part of a public meeting. Executive sessions rules: • They must first be convened in a public meeting. • There should be reasonable notice must be given. The Assembly can convene into executive session on any item that is advertised. • The motion for the executive session must be clear and with specificity, describes the subject matter without defeating the purpose of addressing the subject in private • Notice must be given to an individual who is going to be discussed in executive session. The person has a right to request public discussion. If the individual gives consent, he does not have a right to attend the executive session. • The Borough has decided not to record executive session. The attendees to executive session should not take notes and should not share the information discussed in executive session. • Generally, no action may be taken in executive session. Exceptions: OMA authorizes a public body to give directions in executive session on two kinds of matters: directions on legal matters and labor negotiations. AS 44.62.310(C) (1-3) states the legal reasons for executive sessions. See additional information in the exhibit below. CONFLICT OF INTEREST — When to express (KIBC 2.35) Assembly business may present a conflict of interest from time to time. It is important to recognize and state the conflict, immediately disqualifying yourself from participation. A conflict of interest is considered to exist when the Assembly member has a substantial direct or indirect financial interest in the matter under consideration. An Assembly member may move to disqualify another member if he does not disqualify himself. It is recognized that from time to time local government officials cannot avoid the circumstance of conflict of interest or appearance thereof. In addition to statutory prohibitions on conflicts of interest, AS 01.10.010 provides that the common law, to the extent it is not consistent with the constitution or any adopted laws, is also a rule in Alaska. Under the common law, the focus is on "the relationship between the public KIB Assembly Operating Manual Page 5 of 20 Rev. 10/2017 (nj) official's financial interest and the possible result of the official's actions, regardless of the official's intent. See additional information in the exhibits regarding conflict of interest provisions, procedure, and script. STANDARD OPERATING PROCEDURE - Motions Liquor Licenses: (KIBC 5.01) Application for new or transfer of liquor licenses within the Borough are reviewed by the Assembly (see note below for licenses within the City of Kodiak). The Alcoholic Beverage Control Board allows municipalities the opportunity to protest all such applications before their final consideration and disposition. Status of taxes is checked with the Finance Department, and comments are solicited from the rest of the KIB Departments and the State Troopers by the Clerk's Office as standard course of action. Any negative reports are stated in information memoranda about the liquor license. Liquor license applicants are notified of the report given to the Assembly. If taxes are paid and there is no adverse report given by the Troopers, licenses for renewal need not come before the Assembly. New and transfer licenses are scheduled for public hearing before the Assembly. To voice disapproval of a license, the municipality must clearly state the reason, and state the motion as a protest. Sample: "I move we protest the 1) issuance, 2) transfer or 3) renewal (whichever is appropriate) of a liquor license for Chug -a -lug Bar and Grill due to non-payment of real property taxes." Vacations of Right -of -Way: AS 29.33.220 governs dedication of right-of-way; vacation thereof. The Assembly is allowed thirty days following the decision of the Planning & Zoning Commission to veto that decision. No action on the agenda item constitutes approval. To disapprove, the motion must be to "veto the vacation." Appeals. Assembly as Board of Adjustment: Occasionally, the Assembly convenes as a Board of Adjustment on appeals from the Planning Commission. KIBC 17.225 outlines requirements and board procedures. Essentially, the Assembly becomes a quasi-judicial body when hearing appeals. There should be no pre -discussion of appeal subject matter prior to the hearing. Evidence and testimony should be weighed on its own merit as it is presented in written and oral form. Liquor Licenses Within The City of Kodiak From: Franklin, Cynthia A (CED) [mailto:cynthia.franklin@alaska.gov] The liquor process is similar but there are notable differences. Apparently a practice of providing a courtesy copy of the application to a borough when the city was within a borough was established long before my time. The ABC board is very experienced and has been issuing liquor licenses for a long, long time. When a borough sends a `protest" even though it has no right of protest under Title 4, the ABC board knows what to do with it (it has no legal effect), and the applicant knows that the borough has no right of protest. Cynthia Franklin, Director Alcohol & Marijuana Control Office 907-269-0351 KIB Assembly Operating Manual Page 6 of 20 Rev. 10/2017 (nj) OPERATING PROCEDURES - General Reconsideration: A motion to reconsider may be applied to any ordinance, resolution, or action of the Assembly and has precedence over all motions except the motion to adjourn. Only an Assembly member who voted on the prevailing side may make a motion to reconsider at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires two-thirds vote to carry. Two Assembly members may file a notice of intent to reconsider with the Clerk prior to 5 p.m. on the first borough business day following the day on which the vote was taken. The reconsideration will then appear on the next meeting's agenda and requires a majority vote to carry. Requests for Ordinances or Legal Opinions: Any member of the assembly may request the manager or clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting, provided the ordinance can be drafted and distributed to members of the assembly in accordance with time schedules set forth in subsection 8 of this section. During a work session or a meeting, any two or more members of the assembly may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of assembly -requested proposed ordinance or written legal opinion, the clerk shall forthwith cause to have distributed the subject ordinance or written legal opinion to all assembly members so that all members may be fully informed of the status of borough affairs. Resolutions and other items requests. A member of the assembly, delegate to the assembly, the manager, or the mayor may submit items to the clerk to be placed on the agenda. An agenda item request form needs to be filled out by the Assembly member. The Clerk will be distributed to the Mayor, Deputy Presiding Officer, and Manager. Adding an item should fall within the guidelines established for agenda deadlines. Agenda deadline calendar is provided in the exhibits as well as the agenda item request form. Citizens' Rights - Addressing the Assembly: Any person desiring to address the Assembly shall first secure the permission of the Mayor. Any person may address the Assembly without securing such prior permission under the following headings of business: Citizens' Comments and Public Hearing. Written Communications - All correspondence received by the Clerk are distributed to the Mayor, Manager, and Assembly members. Assembly mail is posted on Agendallotes. Addressing the Assembly After A Motion Made: After a motion is made by the Assembly, no person shall address the Assembly without first securing the permission of the Assembly to do so. Manner of Addressing the Assembly - Time Limit: Each person addressing the Assembly shall step up to the microphone, give his name for the record and, unless further time is granted by the Assembly, limit his address to three minutes. All remarks shall be addressed to the Assembly as a body and not to any member thereof. No person, other than the Assembly and the person having the floor, shall be permitted to enter into any discussion either directly or through the members of the Assembly, without the permission of the Mayor. No question shall be asked of the Assembly except through the Mayor. KIB Assembly Operating Manual Page 7 of 20 Rev. 10/2017 (nj) Suspension of Rules: The standing rules or order of business established by the Assembly may be suspended by two-thirds vote. Seating Arrangement: Members shall occupy the respective seats in the Assembly Chambers assigned them by the Mayor. Compensation and Expenses: Borough Assembly Members shall receive three hundred dollars ($300.00) per month and may be included in the Borough health and life insurance plan and the state PERS retirement plan. While traveling on official business, Assembly members will be reimbursed at the same rate as appointed officers and employees of the borough of the per diem rate. Expenses of Assembly members, other than transportation and per diem, incurred because of borough activities may be reimbursed by the borough only after approval by the Assembly. SERVICE AREA BOARD MEMBERS - Relation to Assembly Alaska Statutes states that the Assembly may provide for elected or appointed boards to supervise the furnishing of special services in a service area. Regardless of how chosen, the Board is an advisory board to the Assembly. The Board makes recommendations to the Assembly regarding the tax levy, charges or assessments to finance the special services which are subject to Assembly approval. Capital improvements purchased, installed or given to the service area are owned by the Borough. SCHOOL DISTRICT- Relation with Assembly Education is the primary power of all boroughs in Alaska. The School Board or Board of Education is comprised of elected officials and is the governing body of the Kodiak Island Borough School District. In addition to other duties, the Board determines the amount available for compensation of all school employees and administrative officers; provides for an educational program, and establishes procedures for review and selection of all textbooks and instructional material. While the School Board must adopt the annual budget for the School District, the Assembly has authority to provide for the local contribution to education. The Assembly does not have the authority to specify where the local contribution is to be spent nor do they have line item control over the district's budget. The majority of funding for education is received from the state in the form of Foundation Formula. This formula is reviewed periodically by the legislature and, annually, bills are introduced to adjust it. KIB Assembly Operating Manual Page 8 of 20 Rev. 10/2017 (nj) BOROUGH ASSEMBLY AGENDA AND MEETING GUIDELINES 1. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE 2. ROLL CALL KIB 2.17.0208 - Four Assembly members (quorum) is required. 3. APPROVAL OF THE AGENDA AND CONSENT AGENDA The agenda packet is reviewed by the Assembly one week prior to the meeting. KIBC requires unanimous consent of the Assembly to add business items to the agenda. Consent agenda promotes good time management. These are routine matters not needing explanation. The Mayor, DPO, or Staff suggests items for the consent agenda. Items are not considered separately unless an assembly member so requests. Once a request is made to remove an item from the consent agenda, it should be considered in its normal sequence on the agenda without question or argument. The request can be made by any assembly member during a work session or during the approval of the agenda. 4. APPROVAL OF THE MINUTES 5. AWARDS AND PRESENTATIONS The Mayor, Deputy Presiding Officer, or Manager may present proclamations, community service awards, borough employee awards, etc at this time. Most proclamations are requested by community members. 6. CITIZEN'S COMMENTS No prior arrangement is required. The public may have access to the Assembly for comments regarding matters already on the agenda but not scheduled for public hearing. They may also speak to other items not on the agenda. The Mayor may limit presentations to three minutes. No official action will be taken by the Assembly under this business item. 7. COMMITTEE REPORTS Reports of Borough committees are given either by the Assembly member serving on the committee or by a member serving on the committee. Official action is not normally taken by the Assembly under this agenda item unless listed on the agenda. 8. PUBLIC HEARINGS This agenda item is intended to provide for formal hearing testimony regarding ordinances, resolutions, or as directed by the Mayor or majority of the Assembly. Those KIB Assembly Operating Manual Page 9 of 20 Rev. 10/2017 (nj) giving testimony are requested to preface remarks with their name for the record. Ordinances must be scheduled for public hearing prior to adoption. After public hearing they may be adopted with or without amendments. Public hearing testimony is limited to three minutes. The Assembly may make inquiries of those giving testimony after their comments. 9. BOROUGH MANAGER'S REPORT The Manager reports to the Assembly. Official actions are not taken during this agenda item; he may get some direction from the Assembly. 10. MESSAGES FROM THE BOROUGH MAYOR The Mayor or his designee reports to the Assembly. Questions and answers between the Assembly and the Mayor are appropriate. Official action cannot be taken by the Assembly under this agenda item. 11. UNFINISHED BUSINESS These are the items which have been postponed from previous meetings. Ordinances which have had two readings and public hearing may be postponed to a future date for final action. Resolutions, bid awards, and other actions of the Assembly may also be postponed to future meetings. 12. NEW BUSINESS - CONTRACTS Contracts for goods, property and services over $25,000 must be approved by the Assembly. Formal action by roll call vote is usually taken. 13. NEW BUSINESS - RESOLUTIONS An Assembly member or the Mayor can direct that a resolution appear on the agenda. Notation of the sponsor will appear on resolution. 14. NEW BUSINESS - ORDINANCES FOR INTRODUCTION Like resolutions, ordinances can be presented by an Assembly member, staff, or the Mayor. Borough code requires that ordinances receive two readings. The first reading is generally considered routine. Passage in first reading sets the date of second reading and public hearing. 15. NEW BUSINESS - OTHER ITEMS Items of business which need Assembly action, but don't require a resolution or ordinance are addressed here. This could include appointment of election judges, appointment of various board members, and approval of upcoming year's Assembly meeting schedule. KIB Assembly Operating Manual Page 10 of 20 Rev. 10/2017 (nj) 16. BOARD OF ADJUSTMENT From time to time appeals of decisions of the Planning and Zoning Commission or other boards are filed with the Borough Clerk for hearing before the Assembly sitting as a Board of Adjustment. Since the Board is quasi-judicial they may deliberate in executive session, then take formal action and make findings for the record. Upon filing, the Assembly needs to be advised of ex -parte contact. Exparte information is attached below as an exhibit. 17. CITIZENS' COMMENTS Members of the audience may address the Borough Assembly on any subject whether or not on the agenda. Remarks are limited to three minutes. 18. ASSEMBLYMEMBER'S COMMENTS Each Assembly member may comment regarding any subject whether or not on the agenda although caution should be taken not to get into discussion of a subject that is not on the agenda. This is an appropriate place to note or bring to the attention of the Mayor, Assembly and administration any miscellaneous business or point of interest. Miscellaneous announcements, notifications of absence from future Assembly meetings, and requests for items to appear on the agenda could be addressed. Notice of reconsideration may be given here (ref: KIB 2.17.070 O). Announcements of upcoming meetings for the information of non -Assembly members are made by the Mayor. 19. ADJOURNMENT Meetings will be concluded by or recessed at 10:30 p.m. unless the time is extended by a majority vote. No meeting shall extend beyond 11 p.m. unless extended by 2/3 vote of the Assembly. The balance of any unfinished business will be held over until the call of the Chair. Notice of the next regular, and/or special, meeting will appear on the agenda following "Adjournment". 20. INFORMATIONAL MATERIALS Borough operating procedures prescribe regular administrative reporting to the Assembly. Reports of departments, correspondence to the Assembly or Borough Clerk, pertinent general information and minutes of boards and commissions are presented to the Assembly with the intent of supplying general information. KIB Assembly Operating Manual Page 11 of 20 Rev. 10/2017 (nj) DEBATE RULES KIB Code 2.30.080(E) Recognition to Speak. No assembly member shall be recognized to speak on the same question a second time until every assembly member choosing to speak has spoken except the mover of the question, who may open and close the debate. The chair may take part in the discussion of any matter before the assembly. • No member should be recognized to speak a second time until every assembly choosing to speak has spoken • The mover of the question may open or close debate (roll call should be taken on closing debate as this takes away rights from other members) Roberts Rules Article XII, Section 43 Debate, Number of speeches on the same question per member per day ..... No member can speak more than twice to the same question on the same day... Merely asking a question or making a brief suggestion is not counted as speaking debate. Unless the group has adopted special rules of order, members come to every meeting entitled to speak twice with a limit of ten minutes per speech. That's 20 minutes per person, per motion, per meeting. Members cannot transfer time to another member or they cannot reserve any portion of their time for a later time. If a member yields the floor before speaking his full ten minutes, he is presumed to have waived his right to the remaining time. That is why it is important for members to organize their thoughts to debate effectively. Limiting or extending debate/Calling the question Example: Member: I move to limit debate for another 14 on the motion. Limit the debate to two minutes per speaker. Second Member: I second that. This motion: • Needs a second. • Is not debatable. • Is not amendable. • Needs a two-thirds vote. Chair: It is moved and second that we limit the debate for 14 minutes. Roll call vote: • 2/3 of 7 is 5 • 2/3 of 6 is 4 • 2/3 of5is4 • 2/3 of 4 is 3 Chair: There are two-thirds vote in the affirmative. We will have the 14 minutes limit on this main motion. KIB Assembly Operating Manual Page 12 of 20 Rev. 10/2017 (nj) Sample Assembly Agenda Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, November 3, 2016, 6:30 p.m., Assembly Chambers Visit the links below to view the full Agenda Packet Assembly Regular Meeting - 03 Nov 2016 - PDF Assembly Regular Meeting - 03 Nov 2016 - Split-screen 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 1. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS 1_ Proclamation Of Appreciation To The City Parks And Recreation Department 2. Kodiak Rural Leadership Forum Update - Roberta Townsend — Vennel 8. COMMITTEE REPORTS 9. PUBLIC HEARING 1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Meeting broadcast live over radio station KNW 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toil Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us 91 vnvw.facebook.comlKodakislandborouah © @dSszit>,ahtsrpu$b KIB Assembly Operating Manual Page 13 of 20 Rev. 10/2017 (nj) 13. NEW BUSINESS 13.A. Reorganization of the Kodiak Island Borough Assembly. Election of the Deputy Presiding Officer. 13.13. Contracts Q.C. Resolutions Resolution No. FY2017-19 Requesting The Alaska Legislature And Govemor Walker To Not Impose Any More Cuts To The ADFG Budget And Particularly To The Division Of Commercial Fisheries Budget And Any Tax Revenue Generated From New Or Increased State Taxes On The Commercial Seafood Industry Be Used To Fill The Funding Gap For ADFG And Pay For Continuing Effective Management Of Alaska's Commercial Fisheries. 2. Resolution No. FY2017-20 Authorizing The Bayside Fire Department To Submit An Application To The Assistance To Firefighters Grant (AFG) Program. 13.D. Ordinances for Introduction 13.E. Other Items Approval of the Kodiak Island Borough Assembly 2017 Meeting Schedule 2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal League Board of Directors District 10 Seat. 14. CITIZEN S'COM M ENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17_A. Minutes of Other Meetings 17.13. Reports 17_C. Planning and Zoning Commission Submission of the CIP List 1_ Planning and Zoning Commission Resolution No. FY2017-10 KIB Assembly Operating Manual Page 14 of 20 Rev. 10/2017 (nj) ASSEMBLY MEMBERS CODE OF CONDUCT Assembly Member Conduct with One Another The Kodiak Island Borough Assembly is composed of individuals with a wide variety of backgrounds, beliefs, and opinions; who represent the citizens of the Borough. The role entrusted to the Mayor and Assembly members is to preserve and protect the services, performance, and development of the Borough in a financially prudent manner. The Assembly members may disagree on certain issues but will serve in the best interest of the citizens and take actions focusing on the common goals of the Borough. In Private Encounters Be Respectful in Private Maintaining courtesy and objectivity is equally important for elected officials in private as it is in the public meeting. The Assembly member is a public servant setting an example for all citizens. All Communications May be Public Forethought should be given to all correspondence, whether written, verbal, or electronic. As a public official, all communications regarding Borough business, or carried out on any computer where Borough business is conducted, are subject to public disclosure laws. Speak with one voice. Although you are a private citizen, you are also an elected official. All Conversations May be Public Assembly members are always public officials and will be watched and listened to as such. Citizens of the Borough will take note of Assembly interactions with each other, whether in the parking lot, restaurant, school, or sporting event. • Open Meetings Act: It takes a quorum (majority) of Assembly members to constitute a public meeting and all public meetings must be advertised. For the Borough, this means that if four Assembly members are at an event that has not been advertised, they may be in violation of the Open Meetings Act and may be subject to recall. Assembly Member Conduct with the Borouqh Clerk's Office The Borough Clerk, Deputy Clerk, and Assistant Clerk are non-partisan public servants who serve as a resource for the citizens as well as the elected officials. The office of the Clerk maintains the historical as well as current pertinent documents and correspondence of the Borough Assembly. Adherence to the following guidelines will aid to the positive relationship of the Clerk with the Borough citizens, staff, and elected officials. • The Clerk as Parliamentarian The KIB Code has adopted Roberts Rules of Order as its procedure for public meetings. Upon request, the Clerk will provide assistance and advice on appropriate procedures to aide in the conduct of meetings. The Clerk as Administrative Support The Clerk's Office is available for use by the Mayor and Assembly members at any time during business hours. Documents, records, office equipment, and computers will be made available upon reasonable request. Materials supplied to an Assembly member in KIB Assembly Operating Manual Page 15 of 20 Rev. 10/2017 (nj) response to a request may be made available to all members of the Assembly so that all have equal access to information. The Clerk's office makes all travel arrangements and event scheduling for the Mayor and Assembly regarding Borough business. • The Clerk Notifies the Public of Assembly Gatherings The Assembly is subject to the Open Meetings Act. By law, the Clerk must publish all public hearings and notices of meetings where a majority of the Assembly will likely attend. Assembly members should communicate to the Clerk any anticipated event where a majority of Assembly members may congregate. • The Clerk Compiles Work Session and Regular Meeting Packets Placing Discussion Items on Work Session Agenda Members of the public, groups, etc. may be added on the work session agenda with the support of four Assembly members. The Mayor may place items on the agenda and Assembly members need agreement of four to place an item on the work session agenda. The Manager is allowed to place items on the work session agenda. The Clerk may place routine administrative items on the agenda. Public members may fill out an agenda item request form which is available in the Clerk's Office if there is a topic that they would like the Assembly to address at a future work session or meeting. • Placing Regular Meeting Items on the Regular Meeting Agenda The Mayor determines items for the agenda of the Assembly, subject to Assembly approval. A member of the Assembly, delegate to the Assembly, the Manager, or the Mayor may submit items to the Clerk to be placed on the agenda. The Clerk shall prepare an agenda for each regular meeting after consulting with the Mayor, Deputy Presiding Officer, and Manager. The agenda packets are uploaded on Agendallotes one week prior to the regular meeting. Packets are normally available on Tuesdays by 1 p.m. before Thursday's work session. Assembly Member Conduct with Borough Staff Governance of the Borough relies on the cooperative efforts of the Assembly members, who set policy, and Borough staff members, who implement and administer the Assembly's policies. With proper communication and administration of policies, the operations of the Borough will benefit the community as a whole. The Assembly oversees three employees: the Manager, the Attorney, and the Clerk. • Communicate Through the Borough Manager Questions of Borough staff and/or requests for additional information should be directed only to the Borough Manager or designee. The Borough Manager should be copied on any request. Materials supplied to an Assembly member in response to a request may be made available to all members of the Assembly so that all have equal access to information. • Employee Concerns Assembly members should never express concerns about the performance of a Borough employee in public or to the employee directly. Comments about staff performance should only be made to the Borough Manager through private correspondence or conversation. KIB Assembly Operating Manual Page 16 of 20 Rev. 10/2017 (nj) • Administrative Functions Assembly members must not attempt to influence Borough staff on the making of appointments, awarding of contracts, selecting of consultants, or other such administrative functions. Borough Correspondence Before sending correspondence, Assembly members should check with the Borough Manager to see if an official Borough response has already been sent or is in progress. Staff Meetings Assembly members should only attend meetings with staff if invited. Even if the Assembly member does not say anything, the Assembly member's presence implies support, or may show partiality, intimidate staff, and hamper staffs ability to be objective. Assembly Member Conduct with The Public Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of individual Assembly members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. In Public Meetings • Welcome Speakers Citizens are often nervous when approaching the podium and may express personal concerns that are contrary to an Assembly member's personal opinion. It is very important to welcome the speakers by listening with objectivity. • Practice Active Listening Using positive body language can help to relax the speaker and communicate that he is being heard. Sit up in your chair and look at the speaker. Do not fold your arms. Take notes. Read the agenda packet prior to the meeting, not during. Keep your facial expressions positive. • Ask Clarifying Questions Keep questions positive and use questions only to bring out the speaker's intent. It is never appropriate to argue with a citizen at a public meeting. An Assembly member should wait until the appropriate action item portion of the agenda to verbalize personal opinions. • Follow Parliamentary Procedure If the speaker is off track, it is the responsibility of the Mayor to redirect him. Do not interrupt the speaker. An Assembly member may ask the Mayor for a "point of order" if the speaker exhibits inappropriate behavior or language. • Stay Positive Remember, as elected officials, the Assembly members are role models for citizens. Keeping tone of voice, body language and words positive will set an example for the citizens to do likewise in the public meeting. KIB Assembly Operating Manual Page 17 of 20 Rev. 10/2017 (nj) • Respect the Democratic Process Assembly members must respect each other's right to bring diverse and dissenting views to the table. Opposing comments shall be given and received with respect and objectivity. Disparaging remarks or threatening statements or actions are never acceptable. • Honor the Role of the Mayor The Mayor serves as Presiding Officer of Assembly meetings. It is his or her responsibility to keep the discussion of the Assembly on track. Directions given by the Mayor must be received and adhered to with respect. Should a member of the Assembly disagree with the Mayor, he or she should address it by following the rules of parliamentary procedure and may appeal the decision. • Avoid Profanity and Personal or Offensive Comments Assembly members should never use profanity or outwardly show anger toward another member. If a member takes offense to another member's comment, he or she may call for a "point of order" and objectively state the point. The Mayor may then rule the comment out of order. • Demonstrate Effective Problem Solving Assembly members each bring individual opinion and point of view to the discussion table. Members should prepare themselves for the public meeting by researching all items on the agenda for discussion. Assembly members shall then exercise debate courteously at the meeting in order to reach a compromise for the benefit of the community. In Unofficial Meetings • Do Not Make Promises. Remember, all Assembly decisions are acted upon at public meeting and set forth by a majority vote. It is inappropriate to make or imply a promise for Assembly action or for a Borough service. • Speak with One Voice. When citizens ask about current issues, Assembly members should be as objective as possible. It is okay to share personal opinion, but not to criticize Assembly or staff actions. Stating the actions objectively helps the Assembly to be viewed by the public as an effective body. • Speak with Respect. Remember the golden rule and to speak with respect regarding other elected officials to members of the public. Assembly members have differing opinions on issues. It is appropriate to state personal opinion, but never acceptable to belittle fellow Assembly members. KIB Assembly Operating Manual Page 18 of 20 Rev. 10/2017 (nj) Overall Tips to Live By: • Treat others as you want to be treated • Stay informed and research current issues • Respect others' opinions • Listen objectively • Speak positively • Lead by example • Recognize the efforts of others • Make your strengths known • Utilize the strengths of others • Communicate clearly and concisely • Look forward to change • Pursue excellence in all areas Helpful Hints for Running Effective Public Meetings • The Mayor serves as Presiding Officer of Assembly meetings. In the Mayor's absence, the Deputy Presiding Officer serves as presiding officer. The atmosphere of the meeting is dependent upon the appearance of neutrality and objectivity of the presiding officer. The tone for the meeting is set by showing fairness and respect to the public, the Assembly, and the staff. • Be Neutral The presiding officer of the public meeting must maintain neutrality in order to facilitate the discussion. The Mayor does not vote unless there is a tie to be broken. Therefore, the Mayor must not become involved in the debate process. • Be Fair The presiding officer should be consistent with all members during the discussion. Non - partiality can be shown by maintaining a calm tone of voice and positive body language with the members speaking on the majority and the minority side of the debate. • State, Restate, and State the Result The presiding officer can keep the discussion organized by clearly stating the motion on the floor prior to debate. When discussion has subsided or an amendment has been made, the presiding officer should restate the main or amended motion. After the roll has been called by the Clerk, the presiding officer should state the outcome of the vote and the result of the motion. Keep it Rolling It is the presiding officer's role to keep the discussion on track. To reduce unnecessary debate the presiding officer may remind the Assembly to limit discussion to the specific motion. To put an end to side -conversations by Assembly members, a tactful reminder should be given to seek permission of the chair before speaking. KIB Assembly Operating Manual Page 19 of 20 Rev. 10/2017 (ni) YEAR AT A GLANCE The following is a general event calendar for the Borough Assembly. There will be additional items that arise, but this should give a general overview of what an elected official can expect in a year. Event Time Frame Parties Involved Municipal Election First Tuesday in October Citizens Boards, Committees, and November or December Mayor and Assembly Commission Appointments Incl. Service Area Boards Strategic Planning Meeting December or January Mayor and Assembly Borough Manager Borough Clerk AML Annual Conference 3rd Week November Elected Officials Borough Mayor Borough Clerk Juneau Community February or March Borough Manager Reception/Lobby Trip Borough Lobbyist Borough Mayor Board of Equalization March — May Assessing Staff Clerk's Office Staff Budget Preparation and May — June Borough Manager Special Meetings Finance Dept Mayor and Assembly Filing for Office Begins August Candidates for Election Deadline for Ballot August Mayor and Assembly Propositions Borough Staff KIB Assembly Operating Manual Page 20 of 20 Rev. 10/2017 (nj) KODIAK ISLAND BOROUGH WORK SESSION Work Session of: C� Z Please PRINT your name Please PRINT your name