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1990-18 Providing Procedures for Declaring and Filing Vacancies on the Assemblythat: read: KODIAK ISLAND BOROUGH ORDINANCE NO. 90 -18 By: KIB Introduced: Amended: Public Hearing: Amended: Adopted: Assembly 04/05/90 04/05/90 05/03/90 05/03/90 05/03/90 AN ORDINANCE PROVIDING PROCEDURES FOR DECLARING AND FILLING VACANCIES ON THE ASSEMBLY BE IT ORDAINED by the Kodiak Island Borough Assembly Section 1. This ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances. Section 2. Section 2.16.060 is repealed and reenacted to 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assemblymember's seat vacant when the assemblymember: 1. Resigns and the assembly accepts the resignation; 2. Is convicted of a felony or an offense involving a violation of the oath of office; 3. No longer physically resides in the borough; 4. Misses more than four unexcused consecutive regularly scheduled assembly meetings, or misses one -half of all regular assembly meetings of the assembly in a six -month period. B. If less than ninety days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than ninety days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for fourteen days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than thirty days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. C. In appointing a person from among the applicants the assembly shall utilize the voting procedures specified in Section 2.17.040A for the election of the presiding officer and deputy presiding officer. D. Notwithstanding subsection B of this section if the membership of the assembly is reduced to fewer than four assemblymembers, then the remaining assemblymembers shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said Ordinance No. 90 -18 Page 1 of 2 appointments not later than seven days after the quorum was reduced to less than four assemblymembers. E. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. ATTEST: PASSED AND APPROVED THIS 3rd DAY OF MAY, 1990. or Cle C1 KODIAK ISLAND BOROUGH B ough Mayor residing Officer ordinance No. 90 -18 Page 2 of 2