FY2020-19 Declaring An Emergency and Amending Kodiak Island Borough Code Section 2.30.020, General RulesI3
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Introduced by: Borough Mayor
Drafted by: Borough Attorney
Introduced on: 04/16/2020
Public Hearing Date: 05/07/2020
Public Hearing Date: 05/14/2020
Adopted on: 05/14/2020
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2020-19
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DECLARING
AN EMERGENCY AND AMENDING KODIAK ISLAND BOROUGH CODE SECTION 2.30.020,
GENERAL RULES.
WHEREAS, the United States Centers for Disease Control (CDC) has determined that COVID-
19, a respiratory disease that can result in serious illness or death and that is a new strain of
coronavirus not previously identified in humans, is a significant public health risk both globally and
in the United States; and
WHEREAS, the United States Department of Health and Human Services Secretary Alex Azar
declared a public health emergency for COVID-19 on January 31, 2020, retroactively applicable
to January 27, 2020; and
WHEREAS, on March 11, 2020, the World Health Organization (WHO) Director -General
declared COVID-19 to be a global pandemic, and the WHO situation report has determined the
global risk assessment posed by COVID-19 to be "very high"; and
WHEREAS, on March 11, 2020, Alaska Governor Mike Dunleavy issued a declaration of public
health disaster emergency in response to the anticipated outbreak of COVID-19 in Alaska, and in
order to ensure that the public is educated about the public health risk; and
WHEREAS, on March 12, 2020, the first positive case of COVID-19 was confirmed within the
State of Alaska; and
WHEREAS, on March 13, 2020, Governor Dunleavy closed all schools in Alaska for two weeks,
and the US Center for Disease Control (CDC) has recommended that gatherings of more than 50
persons be avoided; and
WHEREAS, on March 23, 2020, Governor Dunleavy issued Health Mandate 009 prohibiting
gatherings of more than 10 people, and requiring persons to remain six feet apart to prevent the
spread of disease; and
WHEREAS, on March 19, 2020, the Assembly adopted Emergency Ordinance 2020-18
temporarily modifying rules for meeting attendance and quorum to accommodate requirements
of the response to the present public health emergency; and
WHEREAS, the Assembly finds that the present public health disaster is continuing and the
changes made by Ordinance 2020-18 must be extended by regular ordinance; and
WHEREAS, the Assembly finds that it is in the best interest of the Borough to incorporate these
alternate meeting procedures to be available in response to declared disasters as a regular part
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2020-19
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of the Borough code.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of permanent nature and shall become a part of the Kodiak Island
Borough Code of Ordinances.
Section 2: That section 2.30.020, General Rules, of the Kodiak Island Borough Code of
Ordinances is amended to read as follows:
2.30.020 General rules.
A. Public Meetings. All official meetings of the assembly shall be open to the public. The journal
of proceedings shall be open to public inspection. When a disaster has been declared
which makes attendance by the public in person inappropriate, physical attendance by
the public may be limited and public access may be provided by broadcast or other
means.
B. Quorum. Four members of the assembly shall constitute a quorum. 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 provisions set in
AS 44.62.310 shall be followed.
C. Absences. 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.
D. Rules of Order. "Robert's Rules of Order Current Edition" shall govern the proceedings of the
assembly in all cases, unless they are in conflict with these rules. When such a conflict exists,
this chapter prevails.
E.
2.110.030) which includes areas within the Kodiak Island Borough, the Mayor of Kodiak
not physically present. The Mayor may determine that teleconferencing by the Mayor
and / or an assembly member is necessary due to conditions or provisions directly
conferencing and other similar real time two way communication methods.
88 1 Effective Date: This ordinance takes effect upon adoption.
Kodiak Island Borough, Alaska
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Ordinance No. FY2020-19
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FOURTEENTH DAY OF MAY, 2020.
KODIAK ISLAND BOROUGH
vWilliam--'Roberts, Mayor
VOTES:
Ayes: Schroeder, Skinner, Dvorak, Kavanaugh
Noes: Turner and Arndt
Kodiak Island Borough, Alaska
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Insertion – Bold, Blue, Underlined
ATTEST:
9', ��j /U %-,\ —
Tara Welinsky, Clerk
Ordinance No. FY2020-19
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