1974-06 Relating to Borough Assembly1 2 1 2
KODIAK ISLAND BOROUGH
ORDINANCE 74 -6 -0
AN ORDINANCE RELATING TO THE COMPOSITION, ORGANIZATION,
AND PROCEDURES OF THE BOROUGH ASSEMBLY.
The Kodiak Island Borough Assembly hereby ordains:
Section I. That Chapter 2 of the Kodiak Island Borough Code of
Ordinances is amended by adding a new Subchapter 2 as follows:
SUBCHAPTER 2. ASSEMBLY
Section I. Composition. The Borough Assembly consists of five
members, three of whom shall be elected at large from the area outside of the
City of Kodiak, and two of whom shall be appointed from the city council of
the City of Kodiak, Alaska.
Section 2. Term. The term of an assemblyman is three years or
until his successor is selected and qualified. The term of members appointed
from the city council expires as provided by city charter or ordinance or when
they cease to be a member of either the assembly or council.
Section 3. Compensation and Expense Reimbursement.
(a) Each assembly member shall be paid the sum of fifty dollarsper month
providing a member has attended all regular meetings.
(b) Assembly members are required to travel by commercial
carrier from their residence to attend meetings of the borough assembly shall
be reimbursed for their travel expenses and shall be paid $50.00 per diem
for each twenty -four hour period or portion thereof necessarily spent in
Kodiak to attend meetings.
Section Lt. Assembly Organization.
(a) The borough clerk shall administer the oath of office to
newly elected and certified assemblymen on the first regular meeting date
following each borough election. After they have been sworn, the assembly
members shall elect a presiding officer and a deputy to act in his absence.
(b) The presiding officer and his deputy shall hold office for one
year or until the next election for members to the borough assembly, whichever
is shorter.
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Section 5. Vacancies. The assembly shall declare an elected municipal
office vacant when the person elected :
(a) Fails to qualify or take office within thirty days after his
election or appointment;
(b) If he is physically absent from the borough for a ninety -day
period, unless excused by the assembly;
(c) Resigns and his resignation is accepted;
(d) Is physically or mentally unable to perform the duties of
his office;
(e) Is removed from office;
(f) Is absent without excuse by the assembly from three
consecutive regular meetings; or
(g) Is convicted of a felony or an offense involving a violation of
his oath of office.
An assembly vacancy shall be filled in the manner provided in AS 29.23.080.
Section 6. Absences. No member of the assembly may absent himself
from any regular or special meeting of the assembly except for good cause.
An assemblyman who is unable to attend a meeting shall advise the borough
clerk or the presiding officer of the contemplated absence and the reason for
that absence. During the course of the meeting from which the member is absent,
the presiding officer or acting presiding officer 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.
Section 7. Meetings.
(a) Regular meetings of the assembly shall be held on the first
Thursday of each month at 7 30 p.m. in a meeting room selected by the
Borough Assembly. If special conditions exist that render the regular
meeting place unsuitable, the meeting may be scheduled for another location
that is deemed adequate under the circumstances. If the assembly determines,
after having been lawfully assembl ed in a location properly designated,
that a condition exists which renders the location unsuitable, it may recess,
PAGE TWO, OF ORDINANCE 74 -6 -0
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the meeting and reconvene at a different location suitable to the needs of
the assembly. The location to which the meeting will be reconvened shall
be made known publicly prior to recess and notices of the change of
location shall be posted at the place originally designated by the clerk.
(b) Special meeting and emergency meetings of the assembly may
be called as provided in AS 29.23.060. The notice required by that section
shall specify the subject matter to be considered at the meeting and no business
may be transacted at the meeting other than that which is specified in the
notice.
(c) The borough clerk shall serve written notice of all regular and
special assembly meetings on each member of the assembly at least twenty -
four hours prior to the meeting. The notice shall be served personally on
each member of the assembly or left at his usual place of business or residence.
In an emergency, a special meeting may be conducted by the assembly with-
out the notice required by this section if all members are present or there is
a quorum and all absent members execute written waives of the required
notice either before or after the meeting. The written waiver of notice shall
be attched to the minutes of the meeting.
(d) The general public shall be notified of regular meeting by
publication in the local paper at least one week prior to the date of the meeting.
A copy of the notice of a special meeting not called in an emergency
shall be delivered to the business office of the local paper at the time of
distribution to assembly members. In addition to the foregoing copies of
the meeting notices shall be posted at the post office and in the Kodiak Borough
Building. Lack of publication of the notice of a special meeting does not
deprive the assembly of authority to conduct the meeting.
Section 8. Public Hearings and Executive Sessions.
All regular and special meetings of the assembly shall be public meetings
and the public shall have a reasonable opportunity be heard at appropriate
times specified in the meeting agenda.
PAGE THREE, OF ORDINANCE 74 -6 -0
After a public meeting has been convened a member may move for an
executive session to discuss any of the following matters :
(a) Matters, immediate knowledge of which would adversely affect
the finances of the Kodiak Island Borough;
(b) Subjects that tend to prejudice the reputation and character of
any person, provided the person may request a public discussion;
(c) Matters which by law or ordinance are required to be confidential.
An executive session may be held if approved by a majority vote of the
body and no subject may be discussed during the executive session than
those mentioned in the motion calling for the executive session unless
auxiliary to the main question. No action may be taken in an executive
session.
Section 9. Order of Business - Agenda (a) The order of business
for each regular meeting of the assembly shall be as follows:
(I) Call to Order
(2) Roll Call
(3) Minutes of Previous meetings
(4) Minutes from Other Meetings
(5) Communications and Appearance Requests
(6) Public Hearings (Ordinances and Resolutions)
(7) Planning and Zoning Items
(8) Old Business
(9) New Business
(10) Reports by Chairman and Advisory Boards and Commissions
(II) Assembly Comments
(12) Audience Participation
(13) Adjournment
(b) Appearance requests shall be submitted to the Borough Clerk
by 5 p.m. on the Tuesday prior to the regular meeting. Appearance not
requested as provided may be made only during the audience participation
portion of the meeting.
(c) The borough clerk shall prepare an agenda for each regular
meeting after consulting with the mayor and presiding officer of the assembly.
The agenda shall be distributed to assembly members and made available
to the public not less than 24 hours prior to the meeting and no further items
shall be added to the agenda except by unanimous consent.
RAGE FOUR OF ORDINANCE 74 -6 -0
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Section 10. Conduct of Meetings.
(a) The presiding officer, or his deputy in his absence, shall conduct
all assembly meetings and shall preserve order and decorum during the
meetings.
He may make rulesthat he deems to be proper to preserve order during
the assembly sessions. The presiding officer may speak to point of order
in preference to other members and shall decide all points of order subject
to overruling by a majority vote of the assembly. He may participate in the
debate of any matter and may call any member to the chair to substitute
during any meeting until he elects to resume the chair.
(b) The conduct of meetings of the assembly shall be governed
according to Roberts Rule of Order, Revised and additional rules that may
be adopted by the Assembly.
Section II. Form of Ordinance and Adoption Procedures
All ordinances shall be introduced in writing in the following form:
(1) Heading "KODIAK ISLAND BOROUGH"
(2) Number : ORDINANCE NO. -0
(3) Title: A short description of the subject matter of the
Ordinance.
(4) Whereas Clause: As necessary to describe the reasons
for the Ordinance.
(5) Enacting Clause : "The Kodiak Island Borough Assembly hereby
ordains
(6) Ordinance sections and section headings where necessary
designating the position of the code of Ordinance affected and
whether it will be repealed,aamended or repealed and re- enacted.
The forms to be used is :
PAGE FIVE OF ORDINANCE 74 -6 -0
(a) That section of the Kodiak Island Borough
Ordinances is amended to read as follows or...
is amended by adding a new section read.
(b) That section of the Kodiak Island Borough
Ordinances is repealed.
(c) That section of the Kodiak Island Borough
Ordinances is repealed and re- enacted to read
as follows.
(7) Blanks with appropriate headings for the dates of first and
second readings and the signature of the mayor, presiding
officer and clerk.
(b) Ordinances shall be adopted in compliance with
Procedures established by AS 29.48.150 and /or
AS 29.48.160.
Section 12. Form of Resolution and Adoption Procedure.
(a) Resolutions shall be introduced in writing in the following form:
(I) Heading " Kodiak Island Borough"
(2) Number : "Resolution No. -R"
(3) Title: A short description of the subject and purpose
of the resolution.
(4) Where Clause : As necessary to describe the reasons
for the resolutions.
(5) The Resolving Clause : "NOW THEREFORE, the Kodiak
Island Borough Assembly resolves:"
(6) Provision for dating and signing: "Passed and approved
this day of by the Borough Assembly of the
Kodiak Island Borough," and designated signature lines
for the mayor, presiding officer and clerk.
(b) Resolutions shall be read aloud before any vote is taken unless
the reading is waived by two- thirds vote of the assembly. All persons in
attendance shall be given an opportunity to be heard on the resolutions.
After the hearing the assembly may pass or reject the resoluionts, with or
without amendments, and no further hearing or action is required.
Section 13. Journal of Proceedings.
The borough clerk shall attend all meetings of the assembly, keep a journal
of its proceedings and shall maintain an indexed file, open to public
inspection of signed copies of all ordinances, resolutions, and orders
adopted by the assembly. The clerk shall perform such other duties as are
required by this code or as otherwise or dered by the assembly.
PASSED AND APPROVED THIS AIL. DAY OF A P,e i L 19
ATTEST:
' N - t - P
Borough Clerk/Treasurer
Acting •
FIRST READING AND APPROVAL DATE March 7, 1974
SECOND READING ,PUBLIC HEARING AND PASSAGE DATE: April 4, 1974
PACF C!Y (1R f1RniNANf F �t1 - - fl
KOD ISLAND BOROUGH
BY l ,14‘,
Borough Mayor
7
BY (/ 4L 3 7d di t � Presidin�Ofcer
Acting