1969-22 Adopting Rules of Business as Provided in AS 7.20.070F. If a
Clerk shall than
D. The Clerk of
office to the newly elected
immediately to the election
G. Electi
be in the following
KODIAK ISLAND BOROUGH
ORDINANCE NUMBER 69 -22-0
AN ORDINANCE OF THE KODIAK ISLAND BOI )H AS tin 1: ADOPTING RULES
AND AN ORDER OF BUSINESS AS PROVIDED IN SECTION 07.20.07 ALASKA STATUTES
AND AMENDING CHAPTER 2 OF THE KODIAK ISLAND BOROUGH .: OF ORDINANCES AND
RESOLUTIONS BY ADDING THERETO SECTION 6
BE IT ORDAINED by the Kodiak Island Borough sembly that the
following Rules and Order of Business be and the
pursuant to Section 07.20.070(b) of the Alaska S
of the Kodiak Island Borough Code of Ordinances
same is hereby amend by adding thereto
Section 6. Rules and Order
Section 1. organization
A. The assembly shall net
date following each Borough el
B. At such meeting, the
of all assemblymen duly elected
C. Heldover assembl
presiding officer (Pres
is not held over.
are hereby adopted
tes and that Chapter 2
Resolutions be and the
6 to read as follows:
of the
organize on the regular meeting
of the Assembly shall call the roll
led.
elect from their number a temporary
) in the event the presiding officer
ly shall immediately administer the oath of
ied assemblymen and shall then proceed
iding officer of the assembly (President).
E. Upon his el- .on, President of the assembly shall then proceed
to the election of the ty Presiding Officer (Vice President).
Chairman shall have been newly elected, the Borough
ter to him the Oath of Office.
of the 4 �•
and V� p� of the assembly shall
tions shall be heard from as many Assemblymen as shall
ire to make them.
At the close of nominations a secret ballot shall be taken.
A majority of assedimen present shall be required for election.
If no majority is case for any candidate, the candidate with
the fewest ballots shall be dropped from the list of candidates
and another ballot shall be cast. Ali often as there is no
majority for any candidate, this procedure shall be followed
until one candidate shall be elected.
5. The term of office for the President and the Vice President
of the Assembly shall be one year or until the borough election
following his election to the office of President or Vice
President of the assembly,
6. No assemblyman shall be eligible to succeed himself in the office
of President or Vice President of the assembly.
Section 2. Vacancies in Office:
A. Whenever a vacancy occurs in the office of assemblyman 1
or Borough Chairman for any of the reasons set forth by law, the
assembly shall by motion, declare the office vacant. 3 L' �
B. A vacancy in any office shall be filled not later than
the next regular meeting after the vacancy has occurred.'
C. Election shall be conducted in the same manner as Section 1,
Paragraph G.
Section 3. President of the Assembly and Vice President of
the Assembly:
A. The president of the assembly shall be the presiding officer
of the assembly.
B. The Vice President of the assembly shall be the presiding
office of the assembly in the case of absence or inability of the President.
C. The presiding officer shall be addressed as Mr. President. 7
D. The presiding offices shall be a member of the assembly with
all of the powers and duties of that office. He shall have the privilege
f seconding a motion but shall not have the privilege of making a motion.
E. The presiding officer shall not have veto power.
Section 4. Meetings of the Assembly:
A. Regular meeting s of the Assembly shall be held at 1�_„
twice each month on the first and relay of each month at 7:30 p.m.
at the place designated by the Assembly. In its selection of a meeting
place, the assembly shall give consideration to the reasonable accommodation
of the public.
PAGE 1W), ORDI 69 -22-0
B. Special meetings of the assembl
the Chairman of the Borough, t ee P g , the President of they be called
f hh e
by
resident of the assembly when acting in the ca
reside
President of the assembly, by capacity of
members of the assembl or by petition of no less th
assemblymen Y y agreement of a majority of2the °f the
assembly?nen reac at any regular or special meeting of the
C. At least 24 hours written notice shall be given
designating the time and place of all regular and special meetings 1
and public notice shall be given by publication of notice of all
regular meetings at least one (1) week before the d
meetin and �
g at least 24 hours before any special ate of the
possible and practical. Such notice shall belservedtpers if at
ly alll
on each member of the assembly or left at his usual place oofbusine
by the Borough Clerk or by someone designated by the Clerk.
legal meeting if In y special meeting shall be a
are present or if
present, and all absent members have waived in there be a quo
writing
notice. Waivers may be either before or after the time the required
meeting, the me of the
E. No notice as required by Paragraph C above shall be
necessary in the case of a special meeting called by agreement of
a majority of the assembly reached at any regular or special
meeting of the assembly.
F. An affidavit of service of a notice of special
meeting shall be made a part of the journal of any special meeting.
Waivers of notice shall be attached to and made a part of the journal
of the meeting.
G. All regular and special meetings of the assembly
opportunity to be heard.
shall be public meetings and the public shall have a reasonable
1 . When it is apparent that a number of persons
in the audience wish to be heard on a subject, ,
presentation shall be limited to a 5 minute presen -I
tation for each person, so that everyone wishing to
be heard may be able to speak and so that the
Borough may proceed with its regularly scheduled
business without undue delay.
H. No business shall be transacted at any special
meeting of the assembly except that stated in the notice of the
meeting.
I. A majority of the members of the assembly shall
constitute a quorum for the transaction of business, but a smaller
number may adjourn from time to time and may compel the attendance
of absent members.
J. Order of business at all regular meetings of the
assembly shall be as follows:
Page Three, ORDINANCE NO. 69 -22 -0
1
1. Call to order
2. Roll call
3. Minutes of Previous meeting
4. Minutes of other meetings
5. People to be heard, appearances, requests and
communications
6. Public hearings
7. Planning and zoning items
8. Old business
9. New business
10. Chairman's Report
11. Assembly comments
12. Audience comments
13. Adjournment
K. The assembly may, at the conclusion of its regular
or specially called meeting, go into a closed or executive session
from which the general public may be excluded but only upon request!
of the Borough Chairman or Presiding Officer dr two or more membersl
of the assembly and then only after a majority vote taken at a public
meeting, and during such closed or executive session, only those
subjects shall be considered as are mentioned in the motion for the
executive session, it being the intent to limit such executive
sessions to personnel matters or problems which might tend to cause
embarassment to the person involved if discussed publicly and no
ordinance, resolution, order, motion, or other official action shall
be passed, approved or voted upon or claim allowed at such session.,
L. Listing of ordinances on the assembly meeting agenda
shall include whether the consideration is on first or final reading.
M. The agenda for the regular assembly meetings shall
be public information and shall be available to the general public
not less than 24 hours prior to any regular assembly meeting.
N. The tentative agenda for regular assembly meetings
shall be distributed to each assemblyman and the borough chairman
not less than 48 hours prior to the regular assembly meeting, and
if emergencies arise, this shall be added to the agenda under
"chairman's comments."
Section 5. Assembly Voting:
A. No member of the assembly may vote on any question
in which he has a direct or indirect financial interest and he shall
be required to make known to the assembly any such interest.
B. Except as provided in Paragraph A above, all members
of the assembly shall vote on each question before the assembly for
determination, unless excused therefrom by all remaining members
able to vote on the question.
C. All votes of the assembly shall be by call of the
roll and the "Yes" and "No" votes of the assemblymen shall be
recorded in the journal, except that if there be no objection to
any action, the vote shall be announced and recorded as unanimous.
Page Four, ORDINANCE NO. 69 -22 -0
D. Prior to the roll call on any question, the President,]
of the Assembly shall announce whether the question calls for a du'
weighted or an unweighted vote.
E. Questions on ordinances or resolutions co
the following shall require a weighted vote: one
or more of
1. Areawide taxes for areawide functions.
2 . Incurring indebtedness on an areawide basis for
areawide functions.
3. All powers transferred to the borough by cities.
4. Assessment and collection of property taxes with
the Limitations provided in Section 07.15.320(b).
5. Education.
6. Planning & Zoning.
7. Acquisition of additional areawide
8. Dog control (if area -aide) ors
9. Health and Sanitation.
F. On all questions requiring a weighted vote, the clerk
shall announce the weighting of each vote
during the call of the roll.
G. On completion of the roll call the President of the
assembly vosall announce the number of affirmative votes, the number of
whether the proposition has carried or has failed.
H. A majority of all votes to which the
shall be required t cars any measure before the assembly. ly Any
nu � en though it constitutes a majority of members e w sh �
measure shall be defeated. shall
I. Should there be a protest of two or more assembly membe
on the fu ling ng under this section the ruling on the motion, resolution or
op ord ni inance
l b etpo postponed
shall until the next meeting, at which time an
Presented to clarify the ruling.
J.
before any E shall be introduced in writing and read
by unanimous consent of the assembly bll pr t co t. Inln ste rcac uch case the res ear s u av
shall be summarized. Final action ma T se may
a resolution is introduced.
may taken at the same meeting at which
Section 6 Requirement of Attendance at Assembly
Mee s:
A. Each no of the assembly is required to attend every regular comm
and
any special meeting of the borough assembly and other
meeting properly called for a valid i d public purpose.
or informal
B. Each employee of the borough is Y by t to attend meetings of
the assembly or oannittees
thereof when requested by the assembly.
C. An assemblyman shol be excused ed excuse onl case of illness,
specifically defined emergency, or r by
Y•
D. In the case of illness or emergency, the borough chairman or
the president of the assembly shall be notified prior to the subject meeting.
Page Five, ORDINANCE NUMBER 69 -22-0
E. An assemblyman or the borough chairman may request
to be excused from any regular or special meeting and any such
requests, whether verbal or written shall be acted upon by the
assembly by motion.
F. Borough employees missing assembly meetings at
which attendance is required shall be subject to appropriate disci-
plinary measures administered by the borough chairman.
Section 7. Conduct of Debate and Discussion:
A. chairman of the borough or any assemblyman, when
desiring to speak at an assembly meeting shall respectfully address
the chair as "Mr. President" and shall refrain from speaking until
recognized.
B. When two or more members request recognition at
the same time, the president shall determine which one shall speak
first.
C. The President shall be charged with the responsibil t�
of maintaining order and decorum at all times. He shall make such
rulings as he deems necessary concerning points of order or concern
ing spectators, such rulings subject to assembly appeal by motion
duly seconded.
D. Every member, while speaking, shall confine himself
to the subject under debate, shall refrain from personalities, and
shall not refer to any other member except in a respectful manner.
E. In all matters not covered by these rules, Robert's
Rules of Order, Revised, shall govern.
F. The assembly rules shall prevail in all cases unlesk
suspended by a vote of 2/3 of the members of the assembly.
Section 8. Employees of the Assembly:
A. The principal employee of the assembly shall be thel
B. The clerk shall:
1. Give due notice of the time and place of assemb y
meetings to the public and assembly members.
2. Keep the journal of assembly proceedings.
3. Procure for the assembly any required publication
of notices, ordinances, resolutions, hearings,e c.
4. Maintain and make available for public inspecti n
an indexed file containing copies of the borough
code; every adopted ordinance, resolution, rule,
regulation and code of regulations.
5. Perform any other duty assigned by the assembly.
C. The clerk shall be elected or terminated by a
majority vote of the assembly.
D. The Chairman shall have the authority to appoint
and dismiss such other employees of the assembly as shall be
authorized by ordinance.
Page Six, ORDINANCE NO. 69 -22 -0
clerk.
Q f} ) f
Section 9. Veto by the Borough Chairman:
A. The borough chairman shall have the power to veto
(nullify) any ordinance or resolution of the borough assembly.
B. The veto of the borough chairman shall be timely
and effective provided:
1. The borough chairman shall have exercised his
veto not later than seven (7)days following fin
action by the assembly.
2. The borough chairman shall have rendered writte
notice of his veto to all assemblymembers not
later than seven (7) days following final action
by the assembly. Such notice, if mailed, shall
bear a postmark not later than seven (7) days
following the final action by the borough
assembly on the ordinance or resolution in
question.
C. The assembly may overcome the veto of the borough
chairman upon the exercise of at least 2/3 of the votes of the
assembly, provided such action shall have been accomplished not
later than seven (7) days after the date of notice of veto of the
borough chairman or at the next regular assembly meeting, whichever
is later.
D. The borough chairman shall not have the power of
veto over any ordinance or resolution beyond the seven (7) day limi
E. The assembly shall not have the power to overcome
the veto beyond the seven (7) day limit.
F. Any ordinance or resolution not signed or vetoed
within the seven (7) day limit shall be effective without the
signature of the borough chairman.
Section 10. Budgets
A. The borough chairman shall prepare and submit the
annual budget and capital program to the assembly on or before the
15th dar of May of each year and the assembly shall hold a hearing
on the proposed budget and capital program. After public hearing
on the proposed budget, the assembly may adopt, with or without
amendment, the annual budget as proposed by the chairman. The
assembly may make supplemental and emergency appropriations but no
payment may be authorized or made and no obligation incurred against
the borough except in accordance with the appropriations duly made.
ATTEST:
PASSED AND APPROVED this
1 2 1 9
BY:
BY:
day of , 196
KODIAK ISLAND BOROUGH
Chairman
Presiding Officer
Borough Clerk
Page Seven, ORDINANCE NO. 69 -22 -0
First Reading After Aynt: October 2, 1969
Second Reading, Public Hearing and Passage Date: Oste er 16, 1 QgQ
Effective Date: