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2.43.030 and 2.43.040 are hereby repealed.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.