1997-23 Amending Chapter 2.29 Financial Responsibility - FAILEDIntroduced by:
Requested by:
Drafted by:
Failed to Consider:
Public Hearing:
Adopted:
KODIAK ISLAND BOROUGH
ORDINANCE NO. 97 -23
Mayor Sel
Borough Asse •ly
Borough At • rney
1 25/97
AN ORDINANCE AMENDING CHAPTER 2.29 FINANCIAL RE ONSIBILITY
OF THE KODIAK ISLAND BOROUGH CODE OF ORDI ANCES
TO PROVIDE FOR AN EFFICIENT MEANS OF ENFO ° CEMENT
WHEREAS, the Kodiak Island Borough Assembly previous enacted Ordinance No.
94 -06, codified at Kodiak Island Borough Code Chapter 2. •, requiring the removal of
an elective or appointive official when the official h. a delinquent property tax
account, a delinquent utility account, or a delinquent : nd sales account; and
WHEREAS, a motion to adopt Ordinance No. 9 -11 which would have repealed
Kodiak Island Borough Code Chapter 2.19, faile• on July 17, 1997; and
WHEREAS, as written, the Kodiak Island Bo • ugh Code does not provide an efficient
means of enforcement; and
WHEREAS, the Assembly desires to . mend the ordinance to provide an efficient
means of enforcement;
NOW, THEREFORE, BE IT ORDAI ED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance ' of a general and permanent nature and shall become a
part of the K• disk Island Borough Code of Ordinances.
Section 2: Section .19.010 of the Kodiak Island Borough Code of Ordinances is
amend
as follows:
2.19.010 Financi • responsibility. The assembly shall declare an elective or appointive
office vacant [ _ ] at the next regular meeting of the assembly following
a decision of hearing officer that the official has a delinquent property tax account,
a delinquen ' utility account, or a delinquent land sales account.
Section 4: Section 2.19.020 of the Kodiak Island Borough Code is amended as
follows:
2. 9.020 Hearings and procedures. [Thc assembly shall hold a hearing to determine
Kodiak Island Borough, Alaska
Ordinance No. 97 -23
Page 1 of3
whcthcr the official has a dclinqucnt account.] Upon receipt of notice fro the
borough finance department that there is reason to believe an official has a deli quent
account, at its next regular meeting the assembly shall appoint a hearing office toehold
a hearing to determine whether the official has a delinquent account. The h - : ring shall
be held within twenty (20) days of the appointment of the hearing offic
A. Counsel. All parties may be represented by counsel during h; -rings before
the [may] hearing officer. The municipal attorney may offer lega counsel to the
[assembly] hearing officer in the course of its proceedings.
B. Burden of proof. The burden of proof rests with staff ho must convince
the [assembly] hearing officer by a preponderance of evidence at the official has a
delinquent account. The staff shall make available to the offic':I reasonable pertinent
documents requested for presentation at the hearing.
C. Rules of evidence. The [assembly] hearing offic shall not be restricted by
the formal rules of evidence; however, the [presiding] earing 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 sh
present the borough's argument and the staff
by the [assembly] hearing officer or the offici
] official's argume
submit to examination and questions by
staff may, at the discretion of the
presentations directed solely to the is
E. Witnesses and exhibits.
testimony of witnesses during the
or the staff seeks to introduce a
be submitted to the opposin
hearing. All testimony bef
Documentary evidence a
hearing.
F. Decision. A
shall determine whet
ten (10) days of th
of fact and concl
decision] the d
G. Th
Superior Co
Rules of
The find'
whole
the conclusion of the hearing, the [assembly] hearing officer
er the official has a delinquent account. [ ] Within
conclusion of the hearing, the hearing officer shall issue findings
ions of law stating the grounds upon which [it relied in rcaching its
ision is reached.
official may appeal the decision of the [assembly] hearing officer to the
rt. The appeal procedure shall be governed by the rules set forth in the
pellate Procedure of the Alaska Rules of Court. Venue shall be in Kodiak.
gs of the [assembly] hearing officer shall not be reversed if, in light of the
ecord, they are supported by substantial evidence.
Se ton 4: Section 2.19.030 of the Kodiak Island Borough Code is amended by
adding as follows:
Kodiak Island Borough, Alaska
appoint a member of the staff to
m- tuber may be questioned or examined
. Following the staff, the [official shall
shall be presented and the official must
e [assembly] hearing officer or staff. The
[presiding] hearing officer, make rebuttal
ues raised by the official.
The official and the staff may offer the oral
earing; provided, however, where either the official
affidavit in lieu of oral testimony, such affidavit shall
side no later than twenty -four (24) hours before the
re the [assembly] hearing officer shall be under oath.
exhibits may be presented by both parties during the
Ordinance No. 97 -23
Page 2 of3
2.19.030 Definitions.
A. "Official." This chapter applies to the members of the assembly, the ser ice
area boards of supervisors, the board of equalization, the planning and ining
commission, and all appointed boards and commissions of the borough. This - apter
does not apply to the office of mayor or to school board members.
B. "Delinquent account." An account is delinquent within the mea - ing of this
chapter if it is due and remains unpaid for more than thirty (30) days.
C. "Hearing Officer." The hearing officer shall be a borough r sident who is
appointed by resolution of the assembly, who does not have a delinq era : account and
who confirms that the hearing can be held and a decision issued wi ° in the designated
time. In rendering a decision, the hearing officer shall follow the le s and procedures
as set forth in the preceding section of this chapter.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK I AND BOROUGH
Donna F. Smith, CMC /AAE, B. ough Clerk
Kodiak Island Borough, Alaska
THIS DAY OF
, 1997
KODI K ISLAND BOROUGH
Jerome M. Selby, Borough Mayor
Gary L. Stevens, Presiding Officer
Ordinance No. 97 -23
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