1998-02 Amending Title 2 Admin and Personnel - Manager Plan of GovernmentKODIAK ISLAND BOROUGH
ORDINANCE NO. 98 -02
Introduced by:
Requested by:
Drafted by:
Introduced:
Amended:
Public Hearing:
Amended:
Postponed:
Amended:
Adopted:
Assembly
Borough Clerk
Borough Clerk
03/19/98
03/19/98
04/07/98
04/07/98
04/07/98
04/16/98
04/16/98
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2
ADMINISTRATION AND PERSONNEL TO PROVIDE FOR THE CHANGE TO A
MANAGER PLAN OF GOVERNMENT
WHEREAS, the Kodiak Island Borough will revert to a manager plan of government
on October 19, 1998; and
WHEREAS, the governing body shall enact provisions for the reorganization of the
municipal executive and administrative functions;
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: Title 2 Administration and Personnel of the Kodiak Island Borough Code
of Ordinances is amended as follows:
2.10.010 Appointment of officers. The manager, administrative official, ,clerk,, and attorney
shall be appointed by the assembly. All other officers and employees will be appointed by the
[mayer]manager except that the director of finance shall also be confirmed by the assembly as
provided in section 2.30.010 of this title. Officers serve at the pleasure of the appointing
authority.
Section 3: Chapter 2.15 Borough Mayor of Title 2 of the Kodiak Island Borough
Code of Ordinances is hereby enacted to read as follows:
Chapter 2.15
BOROUGH MAYOR
2.15.010 Office created. There is hereby created the office of borough mayor. Executive duties
of the borough shall be vested in the mayor.
Kodiak Island Borough, Alaska Ordinance No. 98 -02
Page 1 of 20
2.15.020 Qualification and election of borough mayor.
A. A qualified borough voter who, at the time of election or appointment to fill a vacancy,
has resided within the Kodiak Island Borough at least one (1) year immediately preceding the date
of election or appointment is eligible to be borough mayor.
B. The borough mayor is elected at -large by the qualified voters of the borough. The
Borough mayor's regular term of office is three (3) years and until a successor is elected and has
qualified, and begins on the first Monday following certification of the mayor's election.
C. The mayor may not hold a position as assemblymember or borough employee, except
as provided by statutes.
2.15.030 Oath of office. Before taking the office of borough mayor, the mayor shall affirm in
writing that the duties of the mayor will honestly, faithfully, and impartially be performed. The
oath shall be filed with the clerk.
2.15.040 Duties.
A. The borough mayor shall preside at all assembly meetings, sign ordinances, act as
ceremonial head of the borough, and sign documents on the borough's behalf upon assembly
authorization. The failure of the borough mayor to sign an ordinance or resolution does not
invalidate them.
B. Members of boards, committees, and commissions, except for members of the board of
adjustment and assemblymembers serving on the board of equalization, shall be appointed by the
mayor and confirmed by the assembly.
2.15.050 Assembly participation. The borough mayor may take part in the discussion of any
matter before the assembly. The mayor may not vote except in the case of a tie vote of the
assembly, in which event the mayor may vote.
2.15.060 Veto.
A. Except as provided in C of this section, the mayor may veto an ordinance, resolution,
motion, or other action of the assembly and may strike or reduce appropriation items except for
school budget items.
B. A veto must be exercised before the next regular meeting of the assembly and must be
accompanied by written explanation of the reasons for the veto. A veto may be overridden by
a vote of two - thirds (2/3) of the authorized membership of the assembly within twenty -one (21)
days following exercise of the veto, or at the next regular meeting, whichever is later.
C. The veto does not extend to:
1. appropriation items in a school budget resolution/ordinance;
2. actions of the assembly sitting as the board of adjustment, or
3. adoption or repeal of a manager plan of government
2.15.070 Compensation.
A. The compensation of the borough mayor shall be four hundred dollars ($400.00) per
month. The mayor may be included in the borough health and life insurance plan and the state
PERS retirement plan.
B. The borough shall bear the mayor's travel expense while on official business.
Kodiak Island Borough, Alaska Ordinance No. 98 -02
Page 2 of 20
2.15.080 Executive absence. In the mayor's absence, the deputy mayor shall preside at all regular
and special meetings and perform the duties assigned by the mayor or assembly
2.15.090 Vacancy in the office of mayor. The assembly shall, by two-thirds (2/3) concurring
vote, declare the office of mayor vacant only when the person elected:
A. Fails to qualify or take office within thirty (30) days after election or appointment.
B. Unless excused by the assembly, is physically absent for ninety (90) consecutive days;
C. Resigns and the resignation is accepted
D. Is physically or mentally unable to perform the duties of office;
E. Is convicted of an offense involving a violation of the oath of office;
F. Is convicted of a felony or misdemeanor described in Alaska Statutes.
G. Is convicted of a violation of Alaska State Election Campaign laws; or
H. No longer physically resides in the Kodiak Island Borough.
2 15 100 Filling a vacancy. A vacancy in the office of the borough mayor occurring within six
(6) months of a regular election shall be filled by the assembly The person designated shall serve
until the next regular election and until a successor is elected and has qualified. If an
assemblymember is chosen, he shall resign his assembly seat. If a vacancy occurs more than six
(6) months before a regular election, the assembly shall call a special election to fill the unexpired
term.
A. In appointing a person from among the applicants, the assembly shall utilize the voting
procedures specified in subsection 2.17.040(A) of this title.
Section 4: Title 2 Administration and Personnel of the Kodiak Island Borough Code
of Ordinances is amended as follows:
2 16.005 Legislative powers. The legislative power of the borough is vested in the assembly.
The assembly is otherwise known as the governing body. The assembly formally establishes
borough policy by ordinance or resolution.
2.16.010 Composition. The assembly consists of seven (7) members elected at large. An
assemblymember may not hold a position as borough mayor or borough employee except as
provided by statutes.
2.16.050 Oath-[Presiding -offteer-and] Deputy mayor.
A. The clerk shall administer the oath of office to newly elected and certified
assemblymembers on the first regular meeting date following each borough election.
B. The assembly shall elect from among its members a [presiding officer and a] deputy
[presiding officcr]mayor, as specified in subsection 2.17.040(A) of this title to [s crvc at its
pleasure]act as the chair in the absence of the mayor to conduct the meetings and see that the rules
are observed. If the [presicling-effieer]deputy mayor is not present or disqualifies himself, the
[depuerpres4ding-effieer]senior assemblymember present shall [preside]act as the chair. When
a member of the assembly is acting as the "chair", the member retains all privileges otherwise
held as a member of the assembly
Kodiak Island Borough, Alaska Ordinance No. 98-02
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2.16.060 Declaring and filling vacancies.
C. In appointing a person from among the applicants, the assembly shall utilize the voting
procedures specified in subsection 2.17.040(A) of this title for the election of the [pig
officer and] deputy [ ] mayor.
2.16.070 Absences. No member of the assembly may absent himself from any regular or special
meeting of the assembly except for good cause. An assemblymember who is unable to attend a
meeting shall advise the clerk or the [ ]mayor of the contemplated absence and the
reason for that absence. During the course of the meeting from which the member is absent, the
[presiding officer or acting presiding officer] chair shall cause the record to reflect the absence
of the member, the reason for the absence, and whether the absence is excused by the assembly.
2.16.150 Ordinance- -Form. All ordinances shall be introduced in writing in the following form:
B. Number: "ORDINANCE NO.
C. Title: A short description of the subject matter of the ordinance, beginning with "AN
ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ";
E. Enacting clause: "[ :. 'NOW,
THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that: ";
G. Blanks with appropriate heading for the dates of first and second readings [and the
signature of the mayor, presiding officcr and clerk].
H. Provision for dating and signing: "ADOPTED BY THE ASSEMBLY OF THE
ISLAND BOROUGH THIS DAY OF , (year)" and designated signature lines
for the mayor and clerk.
2.16.170 Resolution - -Form. Resolutions shall be introduced in writing in the following form:
B. Number: "Resolution No. {-R] ";
C. Title: A short description of the subject and purpose of the resolution, beginning with
"A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ";
E. Resolving clause: "NOW, THEREFORE,
resolves]BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
that : "; and
F. Provision for dating and signing: "[Passed and approved this] ADOPTED BY THE
ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF
[19 ,](year) ■ . - _ . :: , ; • _ - ,]" and designated signature
lines for the mayor[, presiding officer] and clerk.
2.16.200 Retention, disposal and microfilming of public records.
A. Record retention program. The clerk shall prepare a records retention program and
records retention schedule of records specifying the records to be:
4. microfilmed or optical disc imaged.
B. Disposal of records. The assembly, by resolution, may authorize the disposal and
method of disposal of the records listed in the records retention schedule found by the assembly
to be without legal or administrative value or historical interest, including the periodic disposal
of records in the regular course of public business and of disposal of original records when
microfilmed or optical disc imaged. The clerk, or his designee, shall dispose of the records to
Kodiak Island Borough, Alaska Ordinance No. 98 -02
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be destroyed by cremation or other means determined to be appropriate by the clerk. Upon
disposal, the clerk shall file in the clerk's office, and in the department from which the records
were drawn, a descriptive list of the records disposed of and microfilmed or optical disc imaged
and a record of the disposal itself. The clerk shall transmit copies of the list and record of
disposal to the assembly, and the filing in the office of the clerk of the list and record of disposal
shall constitute a filing and preservation by the assembly of these documents.
The resolution authorizing the disposal of records shall [
"A RESOLUTION OF TIIL ASSEMBLY OF TIIL KODIAK ISLAND BOROUCII
AUTIIORIZING TIIE BOROUCII CLERK TO DISPOSE OF CERTAIN BOROUCII
RECORDS
] provide[s] for the destruction of records of the
Kodiak Island Borough which have been found not to be of historical interest nor to have a legal
or administrative value; [;
,-
.:-.:.
1 :
11 permanent but non - historical and have been microfilmed or optical disc imaged (list
documents); [
2.] nonpermanent and have been microfilmed for retention period (list documents);[
3.] not of an historical, legal or administrative value (list documents); or[
4.] microfilmed records which have been retained for length of retention period and
have been found to have no historical, legal or administrative value (list documents). [ -
•
•
1. that thc above listed documcnts nccd not bc microfilmed; or
2. have bccn microfilmed; and
3. that thc records listed above have no historical, legal or administrative value and ma y
bc destroyed as provided by thc Codc of thc Kodiak Island Borough.
PASSED AND APPROVED THIS day of , 19_. "]
C. Microfilming or optical disc imaging. The assembly in the resolution as to the record
retention schedule may authorize the substitution of microfilmed copies or optical disc imaged
copies for any original records, including records to be periodically disposed o f, and the disposal
of these original records once microfilmed or optical disc imaged. Records pertaining to any
claim and demand by the borough or against it, or any account in which the borough is concerned,
either as a debtor or creditor, shall not be destroyed until the claim, demand or account has been
settled and adjusted. A reproduction, print or enlargement from an authorized microfilm copy
of an original record shall be considered as original record for all purposes, including the
introduction in evidence in any court or other legal or administrative proceedings. When
microfilmed or optical disc imaged, the original records may be destroyed or otherwise disposed
of as provided in subsection B of this section. The microfilmed or optical disc imaged copies shall
be kept in conveniently accessible and properly fire proofed and insulated files, cabinets or
containers and shall be indexed, assembled and maintained for ready reference.
D. Definitions. As used in this section, the words "record" or "records" include any paper,
book, photograph, microfilm, optical disc imaged, sound recording, map blueprint, drawing or
other document or memorandum which has been placed in the custody or under the control of or
Kodiak Island Borough, Alaska Ordinance No. 98 -02
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filed with any department, agency, board, commission, officer or employee of the borough except
documents or published material kept only for convenience or reference.
2.17.020 General rules.
C. Absences: No member of the assembly may absent himself from any regular or special
meeting of the assembly except for good cause. An assemblymember who is unable to attend a
meeting shall advise the clerk or the [presidirtg--effieer]mayor of the contemplated absence and the
reason for that absence. During the course of the meeting from which the member is absent, the
[presitling-effieer]chair shall cause the record to reflect the absence of the member, the reason for
the absence and whether the absence is excused by the assembly.
2.17.030 Types of meetings.
B. Special meetings: Special meetings may be called by the mayor, [presiding offieer]deputy mayor, or by three (3) members of the assembly and, except in an emergency, upon
no less than twenty-four (24) hours effective notice to each member. Effective notice shall be
written or oral. The notice shall indicate time, location and the purpose of the special meeting
and by whom called. The calendar for a special meeting shall be as follows:
D. Work sessions: The assembly may meet informally in work sessions, at the call of the
[prcsiding officcr]mayor, deputy mayor, or [of-afty-]by three (3) members of the assembly, to
review forthcoming programs of the borough, receive progress reports on current programs or
projects or receive other similar information from the [mayer]tnanager, provided that all
discussions and conclusions thereon shall be informal. Work sessions are public and no formal
action shall be taken by the assembly.
E. Executive sessions: The assembly may meet in executive session, at the call of the
[prcsiding officcr]mayor, deputy mayor, or any four (4) members of the assembly, only during
a regular or special meeting, to privately discuss matters of confidential concern to the well bei ng
of the borough government.
1. Upon adoption of a motion stating the purpose for an [E]executive session[s] the
assembly in closed session may [shall bc held to] discuss:
[+]a. potential or pending litigation to which the Kodiak Island Borough may
become or is a party;
[2]b. any matter the immediate public knowledge of which would tend to affect
adversely the finances of the borough;
[3]c. any matter which would tend to defame or prejudice the character or
reputation of any person, except that the person may request a public discussion; or
[4]d. matters involving negotiations with labor organizations representing borough
employees;
e. matters which by law or ordinance are required to be confidential;
f. confidential attorney-client communications made for the purpose of facilitating
the rendition of professional legal services to the borough;
g. matters pertaining to personne
h land acquisition or disposa
F. This section does not apply to quasi-judicial boards when holding a meeting solely to
make a decision in an a ju icatory proceeding.
Kodiak Island Borough, Alaska Ordinance No. 98-02
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2.17.040 Organization and [prcsiding ]deputy mayor.
A. Organization: The assembly shall annually, at the November meeting, elect from its
members a [ ] deputy [ : - - : - - , - : - - : ]mayor to serve
at the assembly's pleasure.
B. Election of the [ ] deputy [ ]mayor of the assembly
shall be in the following manner:
1. as the first order of new business, nominations for [presiding officcr]deputy mayor
shall be opened. [
3. at the close of nominations, a [sccrct] ballot shall be taken. The clerk shall
distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall
announce the results.
[ 6. thc newly elected prcsiding officer or dcputy prcsiding officcr shall take thc chair
[$]C''• [ ]Deputy mayor: The [ ]deputy mayor shall preside as
the chair at assembly meetings in the absence of the mayor. If at any meeting the [gig
o ieer] deputy mayor is not present, or is unable to act, the [; - :. : : '
f senior
assemblymember present shall preside as the chair. [In thc absence of thc presiding officcr and
2.17.050 Committees and duties.
A. The [ er]mayor or the assembly may create standing and special committees
and the [ ]mayor shall appoint committee members and designate the chairman.
C. The [presiding officcr,] mayor and members of the assembly are ex officio members of
all boards, commissions and committees.
2.17.060 Order of business and agenda.
A. Order of business: The order of business for each regular meeting of the assembly shall
be as follows:
7. Citizens' Comments
a. Agenda items not scheduled for public hearing[
b. ] and [G]general comments
10. Borough Manager's Report
11. Messages from the Borough Mayor
1 [1-]2. Consideration of Calendar - Unfinished Business
1[2]3. Consideration of Calendar - New Business
a. []Contracts
b. Resolutions
c. Ordinances for Introduction
d. Other items
1[314. Citizens' Comments
1[4]5. Assemblymembers' Comments
1[516. Adjournment
B. Agenda. The [presiding officcr] mayor shall determine items for the agenda of the
assembly, subject to assembly approval. A member of the assembly, delegate to the assembly,
[or] the manager or the mayor may submit items to the clerk to be placed on the agenda. Subject
Kodiak Island Borough, Alaska Ordinance No. 98 -02
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to provisions of subsection C of this section, no business may be transacted nor any measure
considered that is not on the agenda. The clerk shall prepare an agenda for each regular meeting
after consulting with the mayor and [ ]manager. The agenda shall be distributed
to assemblymembers, along with the meeting packet, one (1) week prior to the regular meeting.
Agendas will be available for the public not less than twenty -four (24) hours prior to the meeting .
C. Agenda additions. A subject not on the agenda may be considered only by unanimous
consent, and when the time for its consideration arrives, the [ ]chain:: shall lay it
before the assembly.
2.17.070 Ordinances, resolutions and motions.
E. Voting:
3. no member shall be allowed to explain his vote or discuss the question while the
"ayes" and "noes" are being called but may change his vote between the time of calling for the
vote by the clerk and the announcement of the result by the [presiding officcr]chair or the clerk.
The [presiding officcr]chair or the clerk shall ask if anyone wishes to change their vote.
4. the vote upon any question shall be "ayes" and "noes" and shall be recorded in th e
journal of the assembly. [Thc presiding officcr shall vote whcn the "ayes" and "nocs" arc called
]. In case of an equal division, [ ]the mayor
may vote. No resolution, ordinance or motion before the assembly shall be valid unl ess affirmed
or denied by a majority of the votes to which the assembly is entitled on the question.
F. [(not used)
C.]Numbering ordinances and resolutions. A number shall be assigned to each ordinance or
resolution by the clerk prior to introduction.
[F]G. Ordinance passage procedures. When passed by the assembly, an ordinance or
resolution shall be signed by the[ : - - . - :: • - • - -] mayor and be attested by the clerk;
and it shall be immediately filed and thereafter preserved in the office of the clerk.
Rill. Request for ordinances or legal opinions. Any member of the assembly may request the
mayor or clerk to have prepared proposed ordinances with such ordinances to be placed on the
agenda of the next scheduled assembly meeting, provided the ordinance can be drafted and
distributed to members of the assembly in accordance with time schedules set forth in subsection
B of this section. Any two (2) or more members of the assembly may request written legal
opinions, relating to borough business, from the attorney. Upon receipt of assembly requested
proposed ordinance or written legal opinion, the clerk shall forthwith cause to have distributed
the subject ordinance or written legal opinion to all assemblymembers so that all members may
be fully informed of the status of borough affairs.
[J]1. Motions. When a motion is made and seconded, it shall be stated by the [presiding-
e€€eer]chair or, being in writing, it shall be presented to the chair and read aloud before debate.
The mover shall state his motion in concise language and shall not discuss it nor his reason for
making it until the motion is seconded.
NJ. Privileged motions. When a question is under debate, no motion shall be made except
for the following privileged motions which shall have precedence:
[1✓]K. Previous question. The previous question may be ordered by a majority vote of the
members present upon all recognized motions which are debatable and shall have the effect to cut
off all debate and bring the assembly to a direct vote upon the motion before the assembly. The
question shall be put in this form: "The previous question has been moved and seconded; all
those in favor of calling the previous question say "aye"; all those opposed say "no". The resul is
Kodiak Island Borough, Alaska Ordinance No. 98 -02
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of the motion are as follows: If determined in the negative, the consideration goes on as if the
motion had never been made; if it is decided in the affirmative, the [presiding officcr]chair at once
and without debate proceeds to put the main motion as ordered. If an adjournment is had after
the previous question is ordered, the subject comes up in its regular order at the next meeting and
the previous question still operates.
M]L. Division of question. The chair may divide the question or an assemblymember may
request a division of a question.
[MM. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another
ordinance
[O]N. A motion to reconsider may be applied to any ordinance, resolution, or action of the
assembly and has precedence over all motions except the motion to adjourn. An assemblymember
may make a motion to reconsider only if:
[P10 A motion to rescind may be applied to any previously adopted ordinance, resolution, or
action of the assembly except:
2.17.080 Debate.
A. Decorum in debate. When any assemblymember is about to speak in debate or deliver
any matter to the assembly, he shall address himself to the [presiding officcr]chair and being
recognized, confine himself to the question under debate. No assemblymember shall impugn the
motive of any assemblymember's vote or argument and shall avoid personalities. An
assemblymember who is speaking may not be interrupted to make a motion, even one with high
priority like the motion to adjourn.
B Order of speaking:
1. the [mayer]manager, a delegate to the assembly or any assemblymember, when
desiring to speak at an assembly meeting, shall respectfully address the chair as "Chairman" and
shall refrain from speaking until recognized.
2. when two (2) or more persons request recognition at the same time, the [presiding
offieer]chair shall determine which one shall speak first.
C. Point of order. If any assemblymember, in speaking or otherwise, transgresses the rules
of the assembly, the [ ]chair shall call him to order, or any other assemblymember
may rise to a point of order. The assemblymember called to order shall immediately cease
speaking and cease the action to which he was called to order. The [pre ' chair; or
assemblymember rising to point of order shall state the offense committed and the
assemblymember called to order then be heard in explanation or justification. The [presiding
ef€ieer]chair shall then rule on the point of order. Any assemblymember may challenge a ruling
of the chair and, if duly seconded, the chair's ruling shall not stand unless affirmed b y a majority
vote of the assembly.
E. Recognition to speak. No assemblymember shall be recognized to speak on the same
question a second time until every assemblymember choosing to speak has spoken except the
mover of the question, who may open and close the debate. [The presiding officcr shall have the
] The chair may take part in the discussion of any matter
before the assembly.
The [ ]chair may recognize a citizen to address the assembly upon request of
an assemblymember, unless objected to by two (2) or more assemblymembers. Remarks by a
citizen so recognized may relate only to a question before the body.
Kodiak Island Borough, Alaska
Ordinance No. 98 -02
Page 9 of 20
2.17.090 Citizens' rights.
A. Addressing the assembly: Any person desiring to address the assembly shall first secure
the permission of the [prcsiding officcr]chair. However, under the following headings of
business, unless the [ er]chair rules otherwise, any qualified person may address the
assembly without securing such prior permission: Citizen's Comments, Public Hearing.
D. Manner of addressing the assembly - -Time limit: Each person addressing the assembly
shall step up to the microphone, give his name and address in an audible tone of voice for the
record and, unless further time is granted by the assembly, may limit his address to three (3)
minutes. All remarks shall be addressed to the assembly as a body and not to any member
thereof. No person, other than the assembly and the person having the floor, shall be permitted
to enter into any discussion, either directly or through the members of the assembly, without the
permission of the[ prcsiding officcr]chair. No questions shall be asked of the assembly except
through the [ ]chair.
2.17.100 Miscellaneous.
C. Recess. The [presidg- efeer]chair may call a recess not to exceed twenty (20) minutes
at any time during a meeting to determine a rule of order or at the request of a majority of the
assembly. The [ ]chair may call a recess at any time between items of business.
D. Seating arrangement. Assemblymembers shall occupy the respective seats in the
assembly chambers assigned them by the [prcsiding officcr]mayor.
F. Travel. Assemblymembers must bring any travel requests, prior to travel, to a regular
assembly meeting for concurrence, stating date, place and length of travel, projected cost and
purpose of the trip. If there is no regular assembly meeting before the planned trip, the
assemblymember must then request approval of the [ ]mayor, who shall request
the clerk to poll the entire assembly for approval by a majority of the assembly.
2.18.010 Conflicts of interest prohibited.
D. No municipal officer, appointed official, or employee may vote or participate in any
official action in which he has a substantial direct or indirect financial interest. Direc t or indirect
financial interest shall be disclosed to the [prcsiding officcr]chair prior to a vote on the question,
and if there are not at least four (4) assemblymembers in attendance who are qualified to vote,
the matter shall be tabled until the next regular or special meeting at which four (4)
assemblymembers qualified to vote on the matter are in attendance.
2.18.020 Definitions. As used in this chapter, the following definitions shall apply:
A. "Municipal officer" means the mayor, assemblymembers, manager, and members of the
planning and zoning commission.
Section 5: Chapter 2.20 Borough Mayor in Title 2 of the Kodiak Island Borough
Code of Ordinances is hereby repealed as follows:
2.20.010 Borough [mayor] manager.
mayor. ]The administrative power of the borough is vested in the borough manager. The borough
manager is and shall be the chief administrative officer of the borough. The borough manager has
and shall have all of the powers and duties set forth in the Alaska S tatute presently numbered AS
Kodiak Island Borough, Alaska
Ordinance No. 98 -02
Page 10 of 20
29.20.500, other powers and duties elsewhere prescribed by law and as set forth in this code.
The manager has the supervision and control, directly and indirectly over all administrative
departments, agencies, directors, and all other employees of the borough except the borough
clerk borough clerk's office employees, and the borough attorney.
is elected and has qualified. Thc mayor's regular tcrm bcgins on thc first Monday following
certification of thc mayor's election. ]Appointment. The assembly has and shall hereafter have
whenever pertinent, the power to appoint a borough manager by a majority vote of its
membership. The assembly shall choose a borough manager solely on the basis of his executive
and administrative qualifications, and he shall receive the compensation set by the assembly. An
assemblymember may not be appointed manager of the borough sooner than one (1) year a fter
leaving office; except that by a vote of three - fourths (3/4) of its authorized membership, the
assembly may at any time appoint one of its members as manager.
2.20.025 [Compensation
($60,000) per year.
B. Thc mayor's salary may be adjusted cach year through thc annual budgcting process.
Thc salary may not be reduced during thc mayor's tcrm of officc.
C. Thc mayor's position is subjcct to applicable provisions of chaptcr 2.12 of this title.]
Term of office. Subject to the contract of employment, the borough manager holds office at the
pleasure of the assembly
2.20.030 Powers and [D]duties. The [mayor] manager, as the chief administrative officer, is
responsible for the proper administration of all borough affairs. The [mayor] manager shall:
A. Appoint borough employees and [a nstra o five_ ]department directors, except as
otherwise provided by this code; he may hire necessary administrative assistants, as authorized
by budget, and appoint, suspend, or remove subordinates;
B. Suspend or remove by written order borough employees or [administrative
offieers]department directors except as provided otherwise in this code;
C. Supervise enforcement of the borough laws and carry out the directives of the assembly
D. Prepare and submit the annual budget and capital improvement programs for the
assembly;
I. Serve as personnel officer unless the assembly authorized [him to] appointment a
personnel officer;
J. Direct and supervise the administration of:
1. the function of all [ rs]department directors and employees except as
provided otherwise in this title;
2.20.040 [
to act as mayor during the mayor's tcmporary absence or disability.]General provisions.
A. The activities under the direction and supervision of the manager shall be distributed
among the departments established by ordinance.
B. Each department shall be administered by an director appointed by and subject to the
•
......,'
Kodiak Island Borough, Alaska
Ordinance No. 98 -02
Page 11 of 20
direction and supervision of the manager unless provided otherwise by law. With the consent of
the assembly, the manager may serve as the director of one or more departments. With the
consent of the assembly, the manager may appoint one person as the director of two or more
departments.
C. Any department director appointed by the manager may be suspended or removed by
written order of the manager,
2.20.050[
2.20.060[-Vet
A. Except as provided in subsection B of this scction, thc mayor may veto any ordinance,
resolution, motion or othcr action of thc assembly and may, by veto, strikc or rcducc itcms in
appropriation ordinances cxccpt for school budgct itcms. IIc shall submit to thc assembly at its
ncxt regular mccting a written statement advising of his veto and giving his reasons. Ilis veto
may be overridden by two thirds (2/3) of all thc votes to which thc assembly is entitled on thc
B. The mayor may not veto actions of thc assembly taken undcr AS 29.20.270(c)(3) or
.]Bonding. The manager, and
other municipal department directors or employees which the assembly shall designate, shall give
bond in the amount and with the surety prescribed by the assembly with premiums to be paid by
the borough.
. ]Oath of office. Before taking the office of manager, the
anger_ skull affirm in writing that the duties of the manager will honestly, faithfully, and
partially be performed. The oath shall: bee Bled with the clerk.
until thc ncxt regular cicction and until a succcssor is cicctcd and has qualificd. If an
asscmblymcmbcr is choscn, he shall resign his asscmbly scat. If a vacancy occurs more than six
Section 6: Title 2 Administration and Personnel of the Kodiak Island Borough Code
of Ordinances is amended as follows:
2.22.010 Engineering and facilities department director. The [mayor) manager shall appoint
an engineering and facilities department director who shall maintain records, administer design
and inspection of vertical construction, coordinate supervision and inspection of village
construction, administer grants at local and village levels and perform other duties as prescribed
by the {mayor} manager or by resolution of the assembly. The director shall also administer the
borough subdivision regulations, maintain engineering records and documents, administer design
and inspection of all horizontal construction, provide administration and operation for water and
solid waste disposal, administer local service roads and trails program, and perform other duties
as prescribed by the [mayor] manager, and by resolution of the assembly.
Kodiak Island Borough, Alaska
Ordinance No. 98 -02
Page 12 of 20
2.30.010 Finance department director. The finance department shall be headed by the [direeter
e€] finance department director who shall be ex officio treasurer, accountant and internal auditor.
The director [of finance] is appointed by the []manager and confirmed by the assembly.
An appointment which is not confirmed by the assembly shall not become effective. If the
assembly fails or refuses to confirm the [mayer-'s]manger's appointment, the [mayor]manager shall
appoint successive candidates until an appointment is confirmed by the assembly.
2.31.010 Borough assessor. There is created a borough assessing department headed by the
assessor. The [principal officcr]director of the assessing department shall be the assessor
appointed by the [mayer]manager.
2.32.010 [Organization.] Community development department director. There is created a
borough community development department. The [principal officer of the department shall be
a] director of the community development department shall be appointed by the [rnayer]manager..
2.32.020 Powers and duties. The department shall assist the planning and zoning commission,
serve as staff support to the commission, and provide associated services as directed by the
[mayer]manager, and which may include, but not be limited to, the following:
A. Provisions of administrative, investigative, research and similar services to the planning
and zoning commission, [coastal zonc managcmcnt advisory council, outcr continental shelf
advisori and recreation committee, local emergency planning committee, city
councils, tribal councils, and assembly related to capital improvements, zoning, transportation,
land management, and land use planning, including coordination with other governmental agencies
in the development of departmental programs;
B. Administration of the planning and zoning[ ] of the borough;
C. Completion of surveys, maps, plans and reports as directed by the [mayer]manager or the
planning and zoning commission;
E. Other activities as necessary or appropriate to the exercise of the planning, zoning, coastal
[zone] management, [ oil spill contingency plan, emergency management
planning, and land management functions of the borough.
Section 7: Section 2.32.030 Zoning officer in Chapter 2.32 of Title 2 of the
Kodiak Island Borough Code of Ordinances is hereby repealed.
Section 8: Title 2 Administration and Personnel of the Kodiak Island Borough Code
of Ordinances is amended as follows:
2.33.010 Management information systems department director. There is created a borough
management information systems department. [headec3-by t]The management information systems
director {. The dircctor ]is appointed by the [mayer]manager.
Kodiak Island Borough, Alaska
Ordinance No. 98 -02
Page 13 of 20
2.33.020 Duties. The [ : ' : ] director shall be responsible for
directing the operations of the management information systems department of the borough. The
management information systems department shall provide centralized and decentralized
information systems to all borough departments. The [ - - - ] director
will also provide information systems services to other entities as may be legally directed by the
[mayer]m.anager.
2.34.010 Building official. The [mayer]manager shall appoint, or obtain by contract with the
city of Kodiak, a building official to perform inspections, enforce the provisions of the building
codes, issue permits and maintain accurate records.
2.35.010 Fire chief. The department shall consist of a chief and other personnel as the chief and
[ma or]manager may deem necessary for the effective operation of the department. The chief
shall be appointed by the [mayor]manager with the recommendation of the fire district advisory
board for an indefinite period of time, and the chief's tenure of office shall depend upon good
conduct and efficiency. The chief shall be technically qualified by training and experience and
have ability to command persons and hold their respect and confidence. The chief shall be
removed only for just cause and in accordance with borough personnel rules and regulations.
2.35.050 Equipment. The department shall be equipped with such apparatus and other
equipment as may be required from time to time to maintain its efficiency and properly protect
life and property from fire. No fire apparatus or equipment shall be used or any article be taken
away or concealed without proper authority. Apparatus and equipment purchases shall be made
after approval of the [mayer]manager.
BOARDS, COMMITTEES, AND
2.39.010 Board, committee, and commission members subject to this chapter. All boards,
committees, and commissions, with the exclusion of the board of equalization and service area
advisory boards, shall be governed by each of the provisions set forth in this chapter.
2.39.030 Appointments. - . : • - - - : • ::::' - ]Members of boards, committees,, and
COMMISSIONS
commissions except for members of the board of adjustment, assemblymembers serving on the
board of equalization, and elected service area board members, are appointed by the mayor and
confirmed by the assembly, unless otherwise specifically provided elsewhere in this code.
2.39.040 Qualifications. In addition to any other qualifications required by this code, [a-beart1
or-commission] members:
2.39.050 Terms. The term of each member [ ] is three (3) years. The
terms of initial appointments [ ] shall be staggered so that, as nearly as
possible, a pro rata number of members shall be appointed for each year during the regular term
of office established for the members [of boar or eemr i...ien] The regular term [ef a
• - • -, - - : -] shall, unless otherwise specified by ordinance, commence on
January 1st of the year of appointment and shall expire on December 31st of the year his term
expires.
Kodiak Island Borough, Alaska Ordinance No. 98 -02
Page 14 of 20
2.39.060 Compensation. No member [of a board or commission] shall be compensated for
services, with the exception of the planning and zoning commission, which shall receive one
hundred dollars ($100) per regular session attended unless excused and the board of equalization,
which shall receive fifty dollars ($50) per regular session attended.
2.39.070 Vacancies.
A. Vacancies [ ], other than by expiration of the member's term,
are created as follows:
4. submits a resignation presented in writing which is accepted by the board, committee,
or commission;
C. In the event of a vacancy on a board, committee, or commission for any reason other than
normal expiration of a term of office, the appointing authority shall appoint a new member for the
remaining unexpired term within thirty (30) days of the notice of vacancy, subject to confirmation
by the assembly.
2.39.080 Notice of impending vacancy. At least thirty (30) days prior to the end of the term
of an incumbent board ,! committee or commission member, the clerk shall cause notice thereof
to be published at least twice in a newspaper of general circulation within the borough. The
notice shall set forth the vacancies and any qualifications of members.
2.39.110 Officers. [ ]The members shall annually elect a chairman and
a vice - chairman. The vice - chairman shall act in the absence of the chairman or in the inability
of the chairman to act.
2.39.120 Quorum and voting requirements. A majority of the authorized members [of a board
] shall be a quorum for the transaction of business. The affirmative votes of the
majority of the authorized members [of a boar or commission] shall be required to carry a
question. In the absence of a quorum for the transaction of business, any number less than a
quorum may recess a meeting to a later time or date.
2.39.130 Meetings. [ :::. :: - :: ]Regularly scheduled meetings shall be
held at [stteli] a time and place [as may from time to timc bc] designated by the board, committee
or commission. The chairman, [ the municipal employee [v ho is]]
designated as an ex officio member [ of the board or commission] pursuant to section 2.39.170
of this chapter, or a majority of the members ] may call a special meeting
[ . All fM meetings [: ]shall be open to
the public and notice posted by the clerk's office.
2.39.140 Conflict of interest. Every member shall vote on all questions unless he has a direct
or substantial indirect financial interest in the matter being discussed. No member shall represent
any person before the board, committee, or commission of which he is a member.
2.39.150 Procedure. [ • ::: : - : --.-- ' • • ' : - - :: ' - :]Procedural rules and
order of business shall be established, except as otherwise provided by law, subject to approval
by the assembly. An appeal, or quasi judicial, board or commission shall establish rules
governing proceedings before the board or commission, subject to approval by the assembly. In
Kodiak Island Borough, Alaska Ordinance No. 98 -02
Page 15 of 20
all matters of procedure not covered by rules adopted by the board, committee, or commission,
Robert's Rules of Order, as revised, shall be applicable and shall govern.
2.39.160 Reports and minutes. [Thc board or commission shall kccp m]Minutes of the
proceedings shall be kept, and such minutes shall record the vote of each member upon every
question formally presented for consideration. The minutes shall be filed in the office of the clerk
and shall be a public record, open to inspection by any person.
2.39.170 Ex officio members and staff. The [mayor]manager may appoint an employee of the
borough who shall be an ex officio member [ ] for the purpose of acting
as secretary [ or to furnish technical advice and information if not
provided for in the specific provisions pertaining to the board, committee, or commission. An
ex officio member is not entitled to vote on any question [: - : - - : i : : - . - • -' : - nor
is an ex officio member a member for the purpose of establishing a quorum [of any board or
Unless otherwise provided in the section establishing the board, committee, or
commission, the [mayor]manager shall provide or designate any required staff for the board or
eaissien] .
2.39.180 Termination.
A. All boards, committees, and commissions established under this chapter, with the
exception of those mandated by state law, shall terminate by operation of law three (3) years from
the date of passage of this section, unless affirmatively reestablished or continued by the assembly
for a period not to exceed three (3) years. Any newly created board, committee, or commission
shall be subject to the provisions of this section. Prior to the termination, continuation, or
reestablishment [ ], the clerk shall publish a notice of termination sixty
(60) days prior to the termination, and the assembly shall hold a public hearing, receiving
testimony from the general public and members of the board, committee, or commission. In said
hearing, the board, committee, or commission shall have the burden of demonstrating a public
need for its continued existence.
B. A determination as to whether a board, committee, or commission has demonstrated a
public need for its continued existence shall take into consideration the following factors:
1. the extent to which a board, committee, commission or program has operated in the
public interest;
2. the extent to which a board, committee, or commission has recommendations which
are generally of benefit to the public interest;
3. the extent to which a board, committee, or commission has encouraged interested
persons to report to it concerning the effect of its decisions on the effectiveness of service, and
availability of service which it has provided;
4. the extent to which the board, committee, or commission has encouraged public
participation in the making of its decisions; and
5. the efficiency with which public inquiries or complaints regarding the activities of the
board, committee, commission or agency filed with it, with the department to which a board,
committee, or commission is administratively assigned, have been processed and resolved.
2.40.030 Powers and duties. The commission shall accomplish the following:
A. Develop, adopt, alter, or revise, subject to approval of the assembly, a comprehensive plan
Kodiak Island Borough, Alaska Ordinance No. 98 -02
Page 16 of 20
for the physical development of the borough. Such comprehensive plan, with accompanying
maps, plats, charts, descriptive and explanatory matter, shall show the commission's recommenda-
tions for the development of the borough territory and may include among other things:
1. development of the type, location and sequence of all public improvements;
2. the relocation, removal, extension or change of use of existing or future public wa ys,
grounds, spaces, buildings, properties, and utilities; and
3. the general extent and location of rehabilitation areas.
When a comprehensive plan for the borough has been approved by the assembly, amendments,
revisions and extensions thereof may be adopted by the assembly after consideration and report
of the commission. All amendments, revisions or extensions shall correspond to major
geographical divisions of the borough or to functional divisions of the subject matter of the plan.
When such comprehensive plan has been approved by the assembly, no amendments, revisions
or extensions thereto shall be approved, except upon the affirmative vote of four (4) members of
the assembly;
B. Hold hearings, make recommendations, [graitt]review variances, and
[cxccptions]conditional use permits, and otherwise administer the subdivision[,] and zoning[
] as set out in this code;
C. Draft an official zoning map of the borough and recommend or disapprove proposed
changes in such map;
D. Make and adopt plans for the [cicarancc and rebuilding of slum districts and
blighted]revitalization and reconstruction of areas within the borough that may need it and make
and develop plans for the improving and redevelopment of any areas within the borough;
E. Submit annually to the assembly, not less than ninety (90) days prior to the beginning of
the calendar year, a list of recommended capital improvements which, in the opinion of the
commission, are necessary or desirable to be constructed during the next five (5) year period.
Such list shall be arranged in order of preference with recommendations as to which projects shall
be constructed in a specific year;
F. Promote public interest in and understanding of the comprehensive plan and of planning,
zoning [and slum cicarancc], subdivision and coastal management; oil spill planning; and energy
management;
[ C. Make and develop plans for thc improving and redevelopment of any arcas within thc
bet/aught]
[1] G. Make and develop plans for reconstruction or redevelopment of any area or district
within the borough which may be destroyed in whole or in part, or damaged by fire, earthquakes
or other disaster;
[J]H. Make investigations regarding any matter related to borough planning;
[J]I. Make and prepare reports, prints, plats and plans for approval by the assembly; and
[K]J. Make or cause to be made surveys, maps and plans relating to the location and design
of any public building, dock, beach, ski ground, statue, memorial, park, parkway, boulevard,
street, alley or playground. For the purpose of implementing this subsection, all departments of
the borough considering any such improvement are required, and all public agencies not a part
of the borough are required, to inform the commission of the proposed improvement and submit
pertinent information to the commission and within such time as will enable the commission to
recommend to the assembly whether the proposed improvement is consistent with the general plan
Kodiak Island Borough, Alaska Ordinance No. 98 -02
Page 17 of 20
and established planning principles. No public improvement shall be authorized by the assembly
until the recommendation of the commission shall have been received and reviewed by the
assembly.
2.41.020 Definitions. For the purposes of this chapter, the following definitions shall apply:
D. Borough manager. "Borough manager" means the person appointed by the Kodiak Island
Borough assembly to the administrative position of borough manager.
E. City. "City" means the city of Kodiak and its geographic area.
[E]F. City council. "City council" means that elected body of representatives known as the
city of Kodiak council.
[F]G. City manager. "City manager" means the person appointed by the city of Kodiak city
council to the administrative position of city manager.
[G]. City mayor. "City mayor" or the person designated as acting mayor means the person
elected to the position of mayor of the city of Kodiak.
Rill. Council. "Council" means the emergency services council.
[1]J. Director. "Director" means the director of emergency services who shall be the city
of Kodiak city manager.
[J]K. Disaster. "Disaster" means actual or threatened enemy attack, sabotage, extraordinary
fire, flood, storm, tsunami, earthquake, volcanic eruption, riot, or other similar public calamity.
[K]L. Emergency services. "Emergency services" means the preparation for and the
carrying out of all emergency functions, other than functions for which military forces are
responsible, to prevent, minimize, and repair injury and damage resulting from disasters.
[E]M. Emergency services council. "Emergency services council" means that group of
people empowered to proclaim the existence of a local disaster.
[M]N. Emergency services organization. "Emergency services organization" means all
officers and employees of the city and the borough, together with those volunteer forces enrolled
to aid them during a disaster, and all groups, organizations, and persons who may by agreement
or operation of law, including persons pressed into service under the provisions of subsection
2.41.040(B) of this chapter, charged with duties incident to the protection of life and property in
the city or borough during such disaster.
[N. Presiding officcr. "Presiding officcr" means thc assembly mcmbcr elected by thc
assembly to the position of presiding officcr.]
2.41.030 Emergency services council.
A. Membership. The emergency services council is created and shall consist of the city mayor
and manager, the borough mayor and [ 'manager, ]manager, and the commanding
officer of the United States Coast Guard Support Center at Kodiak or his designee.
2.42.010 Commission created -- Duties. There is established the Kodiak economic development
commission, consisting of nine (9) members who are residents of the borough and who represent
a cross - section of the socioeconomic structure of the community. The commission shall assist the
[mayor]manager and assembly in developing a local economy which meets the needs, de sires and
goals of the community. The commission is empowered to:
A. Review and make recommendations to the [mayor]manager and assembly on matters which
affect the local economy;
Kodiak Island Borough, Alaska Ordinance No. 98 -02
Page 18 of 20
2.42.020 Appointment, terms and procedures. Members of the commission are appointed by
the [assembly]mayor. Members shall serve three (3) year terms, except that of the initial nine (9)
members three (3) shall be appointed for three (3) year terms, three (3) for two (2) year terms,
and three (3) for one (1) year terms. The commission shall designate one (1) of its members as
chairman and may establish rules for the conduct of its meetings. Meetings shall be public, except
that executive sessions may be held in accordance with section 2.16.120 of this title. The
commission shall meet at least monthly at times and places designated by the commission, but
meetings need not be held if no business is pending. The chairman or a majority of the
commission may call a special meeting. The commission shall give reasonable public notice of
its meetings. Vacancies occur and are filled as provided in section 2.16.060 of this title for
assemblymembers.
2.42.030 Administrative assistance. The []manager or his designee shall:
2.43.010 Committee created -- Duties.
All such plans and recommendations shall be reviewed by the planning and zoning commission
prior to presentation to the [mayer]manager and assembly.
2.43.020 Appointment, terms and procedures. Members of the committee shall be appointed
by the [asseibly]mayor. The planning and zoning commission member shall be chosen by the
planning and zoning commission and the assemblymember by the assembly. Members shall serve
three (3) year terms except that of the initial seven (7) members, three (3) shall be appointed for
three (3) year terms, two (2) for two (2) year terms and two (2) for one (1) year terms.
One (1) assemblymember and one (1) planning and zoning commissioner shall be voting
members of the committee. The city parks and recreation director, the state park ranger, and a
school board representative shall be nonvoting ex officio members of the committee and
participate in all discussions and assigned duties. The committee shall designate its chairman and
other officers as provided in bylaws approved by the assembly. No additions or changes may be
made in the bylaws unless specifically approved by the assembly. Meetings shall be public except
that executive sessions may be held in accordance with subsection 2.17.030(E) of this title. The
committee shall meet at least []quarterly at times and places designated by the chairman,
but meetings need not be held if no business is pending. The chairman or a majority of the
committee may call a special meeting. The committee shall give reasonable public notice of its
meetings. Vacancies occur and are filled as provided in section 2.16.060 of this title for
assemblymembers.
2.43.030 Administrative assistance. The [mayor]manager or his designee shall:
2.45.010 Established. There is established the architectural /engineering review board, which
shall consist of seven (7) voting members, to be appointed by the [assembly-]mayor. The board
shall be subject to the provisions of chapter 2.39 of this title.
2.45.030 Qualifications. Six (6) members of the board shall be residents and qualified voters
of the borough and shall have an interest and a wide range of experience in engineering,
architecture, building, plumbing, roofing, electrical installation, and other related fields involving
the building business. One (1) member of the board shall be a member of the assembly, appointed
Kodiak Island Borough, Alaska Ordinance No. 98 -02
Page 19 of 20
by the [ ]mayor. The [rrtayer]manager, school district superintendent, or their
designees, and school board representative shall be nonvoting ex officio members of the board
and may participate in all discussions.
2.47.040 Administrative assistance. The [nrayer]manager or his designee shall:
2.49.010 Created -- Membership. There is created an arts council advisory committee which
shall consist of three (3) borough residents, which are appointed by the [asscmbly]niayor from a
list of candidates provided by the Kodiak Arts Council, Inc. board of directors. The committee
shall designate its chairman.
2.49.040 Administrative assistance. The [mayer]manager or his designee shall:
2.51.040 Administrative assistance. The [yer]manager or his designee shall:
Section 9: Effective date. This ordinance shall become effective to be in full force
and effect at midnight on October 18, 1998.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH DAY OF APRIL, 1998
KODIAK ISLAND BOROUGH
ATTEST:
(Dep - ( - 4
F. Smith, CMC /AAE, Borough Clerk
or
Gar L. Ste R� s Presiding Officer
Kodiak Island Borough, Alaska Ordinance No. 98 -02
Page 20 of 20