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1987-29 Adding KIB 2.39 Boards and CommissionsI I BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1. This ordinance is of a general and permanent (nature and shall become a part of the Code of Ordinances of the Kodiak 1 :Island Borough. Section 2. Sections 2.10.020, 2.10.025, 2.42.030, 2.42.040, 2.43.030 and 2.43.040 are hereby repealed. Section 3. A new section 2 39 is hereby added as attached. Section 4. This ordinance shall take effect upon adoption. i' ATTEST: PASSED AND APPROVED THIS rFirst Reading, Approval Date: September 3, 1987 Second Reading, Public Hearing: October 1, 1987 Adoption Date: hRecommended By: II !!Drafted By: October 1, 1987 Borough Mayor Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. 87 -29-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ADDING KIB 2.39, BOARDS AND COMMISSIONS 1 DAY OF October , 1987, 2.39.010 Board and commission members subject to this chapter. ;All boards or commissions, with the exclusion of the board of :equalization and service area advisory boards, shall be governed by each lof the provisions set forth in this chapter. 2.39.020 Powers and duties. A. The assembly by ordinance may provide for advisory, regulatory, appellate or quasi- judicial boards or commissions. The ordinance shall prescribe the duties and qualifications of members. B. The assembly, by ordinance, may create or designate itself to i be a board of review, adjustment or equalization. The ordinance shall i :p rescribe the rules of procedure. Sections: Chapter 2.39 BOARDS AND COMMISSIONS 2.39.010 Board and commission members subject to this chapter. 2.39.020 Powers and duties. 2.39.030 Appointments. 2.39.040 Qualifications. 2.39.050 Terms. 2.39.060 Compensation. 2.39.070 Vacancies. 2.39.080 Notice of impending vacancy. 2.39.090 Applications. 2.39.100 Nominations. 2.39.110 Officers. 2.39.120 Quorum and voting requirements. 2.39.130 Meetings. 2.39.140 Conflict of interest. 2.39.150 Procedure. 2.39.160 Reports and minutes. 2.39.170 Ex officio members and staff. 2.39.180 Termination. 2.39.030 Appointments. The assembly appoints the members of boards and commissions, unless otherwise specifically provided elsewhere in this code. 2.39.040 Qualifications. In addition to any other qualifications required by this code, a board or commission member: A. Shall be a qualified voter of the borough; and B. Shall remain a resident of the borough while in office. 2.39.050 Terms. The term of each member of a board or commission is three years. The terms of initial appointments to a board or commission shall be staggered so that as nearly as possible a pro rata number of members shall be appointed for each year during the regular term of office established for the members of the board or commission. The regular term of a member of a board or commission shall, unless otherwise specified by ordinance, commence on January 1st of the year of appointment and shall expire on December 31st of the year his term expires. 2.39.060 Compensation. No member of a board or commission shall be compensated for services with the exception of the planning and zoning commission which shall receive one hundred dollars per regular session attended unless excused and the board of equalization which shall receive fifty dollars per regular session attended. 2.39.070 Vacancies. A. Vacancies on boards or commissions, other than by expiration of the member's term, are created as follows: 1. Leaves the borough with the intent of remaining absent more than ninety days; 2. Fails to attend four consecutive regularly scheduled meetings; 3. Fails to attend, without excuse, at least eighty percent of the regularly scheduled meetings of the board or commission within 11 'y calendar yea 4. Submits a resignation presented in writing which is [ accepted by the board or commission; 5. Dies; or 6. Fails to qualify within thirty days after his appointment. B. Members may be removed for cause by the assembly at any time. The term "for cause" shall mean a willful breach, disregard or habitual neglect of duties requested by the borough assembly formally ! communicated or required to be performed under the ordinance of the Kodiak Island Borough and the laws of the State of Alaska. C. In the event of a vacancy on a board or commission for any (reason other than normal expiration of a terms of office, the appointing authority shall appoint a new member for the remaining unexpired term within thirty days of the notice of vacancy, subject to confirmation by the assembly. 2.39.080 Notice of impending vacancy. At least thirty days prior to the end of the term of an incumbent board or commission member, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. 2.39.090 Applications. The clerk shall provide a standard information and application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk. 2.39.100 Nominations. The appointing authority shall submit nominations of persons to fill vacancies on boards and commissions to the assembly no earlier than one meeting before and no later than two meetings after the end of the incumbent terms. 1 2.39.110 Officers. A board or commission shall annually elect a l chairman and a vice - chairman. The vice - chairman shall act in the i absence of the chairman or in the inability of the chairman to act. 2.39.120 Quorum and voting requirements. A majority of the authorized members of a board or commission shall be a quorum for the transaction of business. The affirmative votes of the majority of the ( authorized members of a board or commission shall be required to carry a question. In the absence of a quorum for the transaction of business, any comber less than a quorum may recess a meeting to a later time or date. 2.39.130 Meetings. A board or commission shall hold regularly scheduled meetings at such time and place as may from time to time be designated by the board or commission. The chairman of a board or commission, or the municipal employee who is designated as an ex officio member of the board or commission pursuant to Section 2.39.170, or a majority of the board or commission may call a special meeting of the board or commission. Meetings of all boards and commissions shall be open to the public and notice posted by the borough clerk's office. 2.39.140 Conflict of interest. Every member shall vote on all questions unless he has a direct or substantial indirect financial interest in the matter being discussed. No member shall represent any person before the board or commission of which he is a member. 2.39.150 Procedure. A board or commission shall establish its own procedural rules and order of business, except as otherwise provided by law, subject to approval by the borough assembly. An appeal or quasi- judicial board or commission shall establish rules governing proceedings before the board or commission, subject to approval by the assembly. In all matters of procedure not covered by rules adopted by the board or commission, Robert's Rules of Order, as revised, shall be applicable and shall govern. ; No. 87 -29-0 2.39.160 Reports and minutes. The board or commission shall keep minutes of the proceedings, and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the borough clerk and shall be a public record, open to inspection by any person. 2.39.170 Ex officio members and staff. The mayor may appoint an employee of the borough who shall be an ex officio member of a board or commission for the purpose of acting as secretary to the board or commission or to furnish technical advice and information if not :provided for in the specific provisions pertaining to the board or commission. An ex officio member is not entitled to vote on any question before the board or commission nor is an ex officio member a member for the purpose of establishing a quorum of any board or commission. Unless otherwise provided in the section establishing the board or commission, the mayor shall provide or designate any required staff for the board or commission. 2.39.180 Termination. A. All boards and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. Any newly created board or commission shall be subject to the provisions of this section. Prior to the termination, continuation or reestablishment of any board or commission, the clerk shall publish a notice of termination sixty days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and members of the board or commission. In said hearing the board or commission shall be the burden of demonstrating a public need for its continued existence. B. A determination as to whether a board or commission has demonstrated a public need for its continued existence shall take into consideration the following factors: 1. The extent to which a board, commission or program has operated in the public interest; 2. The extent to which a board or commission has recommendations which are generally of benefit to the public interest; 3. The extent to which a board or commission has encouraged interested persons to report to it concerning the effect of its decisions on the effectiveness of service, and availability of service which it has provided; 4. The extent to which the board or commission has encouraged public participation in the making of its decisions; 5. The efficiency with which public inquiries or complaints regarding the .activities of the board, commission or agency filed with it, with the department to which a board or commission is administratively assigned, have been processed and resolved.