1994-06 Repealing 2.39.045 Financial ResponsibilitySection 1:
Section 2:
Section 3:
Titla 7 is
Kodiak Island Borough, Alaska
KODIAK ISLAND BOROUGH
ORDINANCE NO. 94 -06
This ordinance is of a general and permanent nature and shall become a
part of the Kodiak Island Borough Code of Ordinances.
Title 2, Chapter 2.39 is amended by repealing Section 2.39.045.
Introduced by: Assembly
Requested by:Assemblymembe
McFarland
D by: Attorney
Introduced: 04/21/94
Public Hear: 05/05/94
Adopted: 05/05/94
AN ORDINANCE REPEALING KODIAK ISLAND BOROUGH CODE
SECTION 2.39.045 FINANCIAL RESPONSIBILITY
AND ADDING CHAPTER 2.19 FINANCIAL RESPONSIBILITY
WHEREAS, Alaska Statute 29.20.170 provides that the governing body may provide
by ordinance the manner in which a vacancy occurs in any elected office
except the office of mayor or school board member; and
WHEREAS, financial responsibility is defined for persons serving on a board or
commission but not defined for elected officials;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
amended by adding Chapter 2.19 as follows:
Chapter 2.19
FINANCIAL RESPONSIBILITY
Ordinance No. 94-06
Page 1 of 3
Sections:
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1
2.19.010 Financial responsibility.
2.19.020 Hearings and procedures.
2.19.030 Definitions.
2.19.010 Financial Responsibility. The assembly shall declare an elective or
appointive office vacant when the official has a delinquent property tax account, a
delinquent utility account, or a delinquent land sales account.
2.19.020 Hearings and procedures. The assembly shall hold a hearing to determine
whether the official has a delinquent account.
A. Counsel. All parties may be represented by counsel during hearings
before the assembly. The municipal attorney may offer legal counsel to the assembly
in the course of its proceedings.
B. Burden of proof. The burden of proof rests with the borough staff
who must convince the assembly by a preponderance of evidence that the official has
a delinquent account. The borough staff shall make available to the official reasonable
pertinent documents requested for presentation at the hearing.
C. Rules of evidence. The assembly shall not be restricted by the formal
rules of evidence; however, the presiding officer may exclude evidence which is
irrelevant to the issue of whether the official has a delinquent account. Heresay
evidence may be considered provided there are adequate guarantees of its
trustworthiness.
D. Order of presentation. The mayor shall appoint a member of the
borough staff to present the borough's argument and the staff member may be
questioned or examined by the assembly or the official. Following the borough staff,
the official shall present his argument and must submit to examination and questions
by the assembly or the borough staff. The borough staff may, at the discretion of the
presiding officer, make rebuttal presentations directed solely to the issues raised by
the official.
E. Witnesses and exhibits. The official and the borough staff may offer
the oral testimony of witnesses during the hearing; provided, however, where either
the official or the borough staff seeks to introduce an affidavit in lieu of oral
testimony, such affidavit shall be submitted to the opposing side no later that twenty -
four (24) hours before the hearing. All testimony before the assembly shall be under
oath. Documentary evidence and exhibits may be presented by both parties during
the hearing.
r Decision w. .L. ..l....:.... o f th... L.....:.... ♦L.. mbl.. shall
r. Decision. At LI IC conclusion of the IIGOl 11 l 'the 0005111L11y 0110
determine whether the official has a delinquent account. The assembly shall issue
findings of fact and conclusions of law stating the grounds upon which it relied in
reaching its decision.
G. The official may appeal the decision of the assembly to the Superior
Court. The appeal procedure shall be governed by the rules set forth in the Rules of
Appellate Procedure of the Alaska Rules of Court. The findings of the assembly shall
Kodiak Island Borough, Alaska Ordinance No. 94-06
Page 2 of 3
ATTEST:
Kodiak Island Borough. Alaska
9
Donna F. Smith, Borough Clerk
not be reversed if, in light of the whole record, they are supported by substantial
evidence.
2.19.030 Definitions.
A. "Official." This chapter applies to the members of the borough
assembly, the service area boards of supervisors, the Board of Equalization, the
Planning and Zoning Commission, and all appointed boards and commissions of the
borough. This chapter does not apply to the office of mayor or to school board
members.
B. "nquent account." An account is delinquent within the
of this chapter if i is due and remains unpaid for more than thirty (30) days. meaning
Section 4: This ordinance shall become effective July 1, 1994.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF MAY, 1994
KODIAK ISLAND BOROUGH
Jero S M. Selby, Borough
arland, Presiding Off cer
Ordinance No. 94-06
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