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FY2023-04 Employees Serving On Boardsr L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Introduced by: Borough Assembly Drafted by: Borough Clerk and Attorney Introduced on: 06/16/2022 Public Hearing Date: 07/07/2022 Adopted on:07/07/2022 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2023-04 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING VARIOUS SECTIONS OF TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.100 BOARDS, COMMITTEES RELEVANT TO APPOINTMENTS OF BOROUGH EMPLOYEES TO DIFFERENT BOARDS, COMMITTEES, AND COMMISSIONS WHEREAS, it is the policy of the borough to uphold, promote, and demand the highest standards of ethics from all of its employees and officials, whether elected, appointed, or hired; and WHEREAS, Borough officials and employees shall maintain the utmost standards of personal integrity, truthfulness, honesty, and fairness in carrying out their public duties; avoid any improprieties in their roles as public servants including the appearance of impropriety; and WHEREAS, the Borough assembly feels that the proper operation of municipal government requires all boards and commission members to remain independent, impartial and responsible to the public; and WHEREAS, currently, the Kodiak Island Borough has no regulation in place prohibiting borough employees from serving on borough boards, committees, and commissions. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: Sections 2, 3 and 4 of this ordinance are of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 2.100.030 Appointments of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Section 2.100.030 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. Kodiak Island Borough, Alaska Ordinance No. FY2023-04 Page 1 of 3 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 B. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. C- Except specifically provided in a Borough ordinance or resolution, Borough employees may not be appointed to, and are prohibited from serving on non -elected boards, committees, or commissions in the Kodiak Island Borough including] boards, committees, and commissions that were iointly established with the City of Kodiak. Borou h employees may continue to serve as ex -officio members as provided in KIBC 2.100.170. Section 3: That Section 2.105.010 Created—Membership (Planning and Zoning Commission) of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Section 2.105.010 Created—Membership. There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of seven members appointed by the mayor subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. Commission membership shall be apportioned so that the number of members from home rule or first class cities within the borough reflects the proportion of borough population residing within those cities. Commission membership shall be reapportioned according to the fluctuation of population within the borough and its home rule and first class cities by resolution of the assembly at the expiration of the terms of commission members. BeFough eM PIOYaeG, Fn a lbe appeipted-to serve erR t44 plany-a;-e empioyed by the Gornmunity 69Y leant department- Nothing in this section prevents the mayor from appointing additional persons to serve in an advisory or ex officio capacity without regard to apportionment of borough population. Section 4: That Section 2.145.010 Created—Membership (Solid Waste Advisory Board) of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Section 2.145.010 Created—Membership. There is created a solid waste advisory board that shall consist of seven borough residents, inclusive of the city of Kodiak, who represent a cross-section of the social and economic structure of the community. Preferably, two out of the seven seats shall be designated to representatives from the construction and retail business community. All members are appointed in accordance with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. Tees may 0 d wa 13 t 9 ad Y 0 seFy boa Fd w n 1 e ss t4ay are employe4-tom t eeg.eeF. T aed-fasi44e6 dApa4mant- There will be five nonvoting ex officio members, one of which shall be an assembly member appointed by the mayor; one shall be a KIB staff member appointed by the manager; one shall be a representative from the United States Coast Guard Kodiak Island Borough, Alaska Ordinance No. FY2023-04 Page 2 of 3 11 .1 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 appointed by the base commanding officer; one city of Kodiak staff member appointed by the city manager; and one high school student nominated by the Kodiak High School student council, appointed by the mayor with a one-year term beginning April 30th. The student member shall be exempt from the qualifications of KIBC 2.100.040(Al. Each ex officio member may participate in all discussions. Section 5. Savings Provision: The changes implemented by this ordinance do not truncate existing terms of office of any board, committee, or commission member. Any borough employee who is a member of an appointed board, committee, or commission as of the effective date of this ordinance may complete their current term. The amendments made by this ordinance shall only apply to any board, committee, or commission appointment or reappointment made after the effective date of this ordinance. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF JULY, 2022 KODIAK ISLAND BO AT EST: William erts, Mayor Nova M. Javier, Boro gh Clerk VOTES: Ayes: Arndt, Smiley, Turner, Williams Noes: Delgado, Griffin, Smith Kodiak Island Borough, Alaska Ordinance No. FY2023-04 Page 3 of 3