1975-23 Requesting the Department Of Community and Regional Affairs to Reapportion the Kodiak Island Borough AssemblyKODIAK ISLAND BOROUGH
RESOLUTION NUMBER 75 -33 -R
A RESOLUTION REQUESTING THE DEPARTMENT OF COMMUNITY
AND REGIONAL AFFAIRS TO REAPPORTION THE KODIAK ISLAND BOROUGH
ASSEMBLY
WHEREAS, the Kodiak Island Borough Assembly at its
meeting of March 6, 1975, adopted Resolution No. 75 -9 -R declaring
the borough assembly to be malapportioned; and,
WHEREAS, pursuant to the procedures established by
section 29.23.020 of the Alaska Statutes the assembly adopted
Ordinance No. 75 -16 -0 providing a plan for the reapportionment
of the Kodiak Island Borough Assembly upon ratification of the
ordinance by the voters; and
WHEREAS, the voters of the Kodiak Island Borough, at
an election held on August 5, 1975, disapproved the reapportionmen
plan set forth in Ordinance No. 75 -16 -0; and
WHEREAS, AS 29.23.020 (c) requires the Department of
Community and Regional Affairs to provide for reapportionment in
accordance with constitutional standards if an ordinance re-
apportioning the borough has not been approved by the voters
within six months following the date that the assembly determines
itself to be malapportioned; and,
WHEREAS, adequate time does not exist to permit the
borough assembly to promulgate an ordinance establishing an
alternate reapportionment plan and submit that plan to the voters
of the Kodiak Island Borough prior to the expiration of the
six month period on September 6, 1975; and,
WHEREAS, a continuation of the existing malapportion
composition creates a potential for activation of the litigation
in the case of City of Kodiak v. Kodiak Island Borough because
the stipulation in that case for interim reapportionment of the
resolves:
borough assembly calls for the termination of two appointed
members from the City of Kodiak on the first Monday following
the regular election to be held October 7th, 1975, thus
reinstating a gross deviation in borough assembly representation,,
and further creating an atmosphere for continuation of the
litigation relating to appointment of council members to occupy
borough assembly positions; and,
WHEREAS, a reapportionment of the Kodiak Island Borough
Assembly by the Department of Community and Regional Affairs would
resolve the primary issues presently being litigated between the
city and the borough, would avoid further expenses related to
that litigation and would alleviate the instability presently bein
created by the reapportionment issue.
NOW THEREFORE, the Kodiak Island Borough Assembly
THAT the Department of Community and Regional Affairs
be and is hereby requested to immediately initiate appropriate
action to reapportion the Kodiak Island Borough Assembly according
to constitutional standards and to expend all reasonable efforts
to complete that reapportionment just prior to the 29th day of
August, 1975, or as soon thereafter as reasonably possible, to
permit timely notice of election and petitioning of candidates.
ATTEST:
Borough Clerk
PASSED AND APPROVED THIS outk day of
G/
Page TWO, Resolution No, 75 -33 -R
KODIAK ISL
Bo o gh Mayor
BY P
BOROUGH
Presiding Officer
1975.