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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account, or a delinquent : nd sales account; and WHEREAS, a motion to adopt Ordinance No. 9 -11 which would have repealed Kodiak Island Borough Code Chapter 2.19, faile• on July 17, 1997; and WHEREAS, as written, the Kodiak Island Bo • ugh Code does not provide an efficient means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 Page 3 of3