06/01/1999 SMA special meeting of the Kodiak Island Borough
Assembly was held June 1, 1999 in the Assembly
Chambers of the Kodiak Island Borough Building,
710 Mill Bay Road. The meeting was called to order
at 7:30 p.m.
KODIAK ISLAND BOROUGH
Special Assembly Meeting
June 1, 1999
There were present: ROLL CALL
Mayor:
Gary L. Stevens, presiding
Assemblymembers:
Tom Abell
Scott Arndt
Tuck Bonney
Pat Branson
Thomas J. Manninen, Manager
Donna Smith, CMC /AAE, Clerk
Special Assembly Meeting
June 1, 1999
Robin Heinrichs
Greg Spalinger
Wayne Stevens
comprising a quorum of the Assembly; and
SPECIAL MEETING
EXECUTIVE
EXECUTIVE SESSION SESSION
A. Employment Contract EMPLOYMENT
CONTRACT
Mayor Stevens said no need for an executive session
as the borough manager's contract was a public
document. He questioned whether adequate notice was
given to the manager, as he had the right to choose a
public or private meeting. He sought comments from
the attorneys on the entire executive session
process.
Assemblymember Abell requested a meeting with the
Borough attorneys to determine the proper procedures
regarding an employee's contract.
In response to Mayor Stevens, Alan Schmitt, Borough
attorney, explained that it was the Assembly's
prerogative through state authority, although the
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Borough code was different. Both speak to matters
that might tend to affect the reputation of an
individual and that the individual had the right to
request an open meeting in those contexts. When
discussing sensitive personnel issues, the state
authority and Borough code provided executive
sessions. He cited a case where the Alaska Supreme
Court specifically noted there was no law that
precluded public officials from discussing sensitive
personnel issues in closed or executive sessions. He
added that the Assembly could choose to hold an
executive session or open session and provide the
manager the opportunity to request that it be held in
an open session. He noted that Mel Stephens, city
attorney, was requested to give his perspective.
Responding to Mayor Stevens, Mel Stephens did not add
to his memo except that if the Assembly met in an
open session, there were no legal issues, but if the
Assembly met in executive session, there could be
issues arise as to whether the appropriate procedures
were followed. He added that discussion did not have
to be held in open session.
Mayor Stevens summed up that the Assembly was not
precluded from an open session or executive session.
He read the state law limiting executive sessions.
ABELL,
seconded by HEINRICHS
moved to terminate
the position of the
Borough manager.
Mayor Stevens read the part of the contract with the
Borough manager whereby the Borough Assembly may
terminate the manager at any time for any reason or
for no reason by delivering to the manager a written
notice of termination. He assumed the motion was
directing that written notice be delivered to the
manager.
Assemblymember Abell saw no need to go into executive
session because direction was given in the public
meeting. He did not want to cause grief to the
Borough in the form of legal problems and this was
the cleanest way to do this at this time.
Special Assembly Meeting
June 1, 1999
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Assemblymember Stevens felt the past year was
difficult with the transition from a strong mayor to
manager form of government. It had not been easy for
the Assembly, mayor, or manager. A six -month review
was not done, nor clear direction as to the
Assembly's expectations of the manager. He thought
it prudent to meet in executive session to discuss
with the manager the Assembly's expectation. He
reiterated it was critical to do a review as the
Assembly had failed the manager in not allowing him
the opportunity to a good job by the Assembly's lack
of communication and direction.
STEVENS,
seconded by BRANSON
moved to adjourn into
executive session to
discuss the job
evaluation with the
manager.
Assemblymember Arndt opposed executive session as he
wished to debate the main motion.
Assemblymember Bonney wished to make his remarks
public as executive sessions did not serve the
public.
Mayor Stevens also opposed an executive session as
proper notice had not occurred and the manager was
not asked if he preferred an executive session or
public meeting.
Assemblymember Branson felt it was unfair to the
manager to not have a six month review. She felt an
evaluation process should not be in public.
VOTE ON MOTION
Ayes: Stevens
Noes: Abell, Arndt, Bonney,
Branson, Heinrichs, Spalinger
MOTION FAILED 1 Aye, 6 Noes
Assemblymember Arndt agreed that the Assembly had not
Special Assembly Meeting
June 1, 1999
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communicated with the manager; therefore he was not
prepared to terminate the contract at this time. He
believed the time frame for the evaluation was to be
soon.
Mayor Stevens recalled the evaluation procedure
timeline where evaluations were to submitted to the
mayor by June 10, compiled and returned to the
Assembly by June 15, and an executive session
scheduled on June 17 for evaluation of the manager.
Assemblymember Bonney agreed with Assemblymember
Stevens in that the Assembly had not relayed
direction to the manager.
VOTE ON MOTION TO TERMINATE
Ayes:
Noes: Arndt, Bonney, Branson,
Spalinger, Stevens
MOTION FAILED 2 Ayes, 5 Noes
There being no further business to come before the
Assembly, the meeting adjourned at 7:30 p.m. ADJOURNMENT
ATTEST:
d ith A. Niel n, CMC
orough Clerk
Special Assembly Meeting
June 1, 1999
Heinrichs, Abell
CN,
Ga L. Stevens
Ma or
Approved: 07/01/99
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