FY2008-21 Alternate CounselKODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -21
Introduced by: Assembly Member Branson
Requested by: Assembly Member Branson
Drafted by: Borough Atty /Clerk
Introduced: 06/05/2008
Public Hearing: 06/19/2008
Postponed: 08/07/2008
Postponed: 09/18/2008
Postponed Indefinitely: 09/18/2008
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.24 BOROUGH
ATTORNEY BY ADDING SECTION 2.24.040 ALTERNATE COUNSEL
WHEREAS, Alaska Statutes allows the Assembly to provide the manner of appointing legal
counsel; and
WHEREAS, KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by
Resolution; and
WHEREAS, , when their individual actions are being
challenged, may need to seek alternate counsel to protect their personal interests; and
WHEREAS, any municipal official presented with the possibility of individual liability who
chooses to have an alternate counsel and who anticipates that the Kodiak Island Borough
should pay the official's attorney fees must discuss the request with the governing body before
hiring another attorney; and
NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that
Section 1: This ordinance is of a general and permanent nature and shall become a part of
the Kodiak Island Borough Code of Ordinances.
Section 2: Kodiak Island Borough Code of Ordinances is hereby amended by adding
Section 2.24.040 Alternate counsel.
Sections:
2.24.010
2.24.020
2.24.030
2.24.040
Borough attorney.
Procedure for appointment.
Service and removal.
Alternate counsel.
Chapter 2.24
BOROUGH ATTORNEY
2.24.010 Borough attorney. Because the borough may sue and be sued and may enter into
legal agreements, the assembly may retain legal counsel to act on the borough's behalf and to
be recognized as the attorney.
Kodiak Island Borough
Ordinance No. FY2008 -21
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2.24.020 Procedure for appointment. The assembly shall appoint the attorney by resolution.
2.24.030 Service and removal. The attorney shall serve at the pleasure of the assembly and
may be removed by order of the assembly.
2.24.040 Alternate Counsel. An - - -- e • resented with the
possibility of personal liability " � ..�. _ s' :' has a right to
choose an alternate counsel other than the Borough attorney. Payment of fees for an alternate
counsel must be preauthorized by a resolution of the Assembly.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2008
Nova M. Javier, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
ome M. Selby, Borough
Kodiak Island Borough Ordinance No. FY2008 -21
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