2002-16 Amending Rules of the Assembly - NominationsKODIAK ISLAND BOROUGH
ORDINANCE NO. 2002 -16
Introduced by: Borough Clerk
Requested by: Borough Clerk
Drafted by: Borough Clerk
Introduced: 11/07/2002
Public Hearing: 12/12/2002
Adopted: 12/12/2002
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 2 ADMINISTRATION AND PERSONNEL,
CHAPTER 2.15 BOROUGH MAYOR SECTION 2.15.050 ASSEMBLY PARTICIPATION
CHAPTER 2.17 RULES OF THE ASSEMBL Y
SECTION 2.17.070 ORDINANCES, RESOLUTION, AND MOT IONS
CHAPTER 2.39 BOARDS, COMMITTEES, AND COMMISSIONS,
SECTION 2.39.070 VACANCIES, SECTION 2.39.080 NOTICE OF IMPENDING VACANCY, AND
SECTION 2.39.100 NOMINATIONS
WHEREAS, the code should clearly define when the mayor participates in a vote of the assembly;
and
WHEREAS, the code should clearly define the term "prevailing side "; and
WHEREAS, the code should reflect that the Kodiak Island Borough Assembly, as the confirming
body, should accept resignations of board, committee, and commission members; and
WHEREAS, the code should allow for members of boards, committees, and commissions lc be
removed for reasonable cause; and
WHEREAS, the Kodiak Island Borough Assembly wants to begin the advertising and appointment
process earlier to assist in filling board, committee, and commission vacancies effective January
first;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THAT:
Section 1: This ordinance is of general application and permanent nature and shall become a ,
of the Kodiak Island Borough Code of Ordinances.
Section 2: This ordinance shall take effect upon adoption.
Section 3: Title 2 Administration and Personnel, Chapter 2.15 Borough Mayor, Section 2.15.050
Assembly participation is amended as follows:
2.15.050 Assembly participation. The mayor may take part in the discussion of any matter be i ore
the assembly. The mayor may not vote except in the case o+-a where only six members of
assembly are present and there is a three /three tie vote of the assembly, "
may - vete. vaf�
Section 4: Title 2 Administration and Personnel, Chapter 2.17 Rules of the Assemb /y, Section
2.17.070 Ordinances, resolution, and motions is amended as follows:
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Ordinance No. 2002-16
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2.17.070 Ordinances, resolutions, and motions.
E. Voting:
1. all assemblymembers present shall vote unless the assembly for special reason permits a
member to abstain, except no assemblymember may vote on a question in which he has a
substantial financial interest. All motions to excuse a member shall be made before the cal! of
"ayes" and "noes" is commenced, and any member requesting to be excused from voting may make
a brief statement of the reasons for making such a request, and the vote shall be taken without
further debate.
2. if a member refuses to vote, the clerk shall record a vote for the prevailing side. The
"prevailing side" is the side that carried the question and is described as follows:
If the question passed, having received
the affirmative votes of the quorum,
that is the prevailing side.
OR
If the question failed, having not received
the affirmative votes of the quorum,
that is the prevailing side.
4. the vote upon any question shall be "ayes" and "noes" and shall be recorded in the journal
of the assembly. In the case where only six members of the assembly are
present and there is a three /three tie vote of the assembly, the mayor may vote. No resolution,
ordinance or motion before the assembly shall be valid unless affirmed or denied by a majority of
the votes to which the assembly is entitled on the question.
Section 5: Title 2 Administration and Personnel, Chapter 2.39 Boards, Committees, and
Commissions, Section 2.39.70 Vacancies is amended as follows:
2.39.070 Vacancies.
A. A vacancy, other than by expiration of the member's term, is created when the seat is
declared vacant by the assembly for one or more of the following reasons:
1. the member leaves the borough with the intent of remaining absent more than ninety
(90) days;
2. the member fails to attend four (4) consecutive regularly scheduled meetings;
3. the member fails to attend, without excuse, at least eighty percent (80 %) of the
regularly scheduled meetings within any calendar year;
4. the member submits a resignation presented in writing which is presented to
the board, committee, or commission and accepted by the Assembly;
5. the member dies;
6. the member fails to accept the appointment within thirty (30) days of the appointment;
or
7. the member fails to qualify in accordance with section 2.39.040 of this chapter at any
time during the appointment.
B. Members may be removed for reasonable cause by the assembly at any time. As used in
this section, the term "reasonable cause" shall mean:
1. Any act, or failure to act, whether intentional or negligent, that either exposes the
borough to liability for financial Toss or has the potential, in the sole discretion of the assembly,
to expose the borough to liability for financial loss; or
2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes
the functioning of the board, committee, or commission.
BC. In the event of a vacancy on a board, committee, or commission for any reason other tha.
normal expiration of a term of office, the clerk shall cause notice thereof to be published at least
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Ordinance No. 2002 -16
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twice in a newspaper of general circulation within the borough. The notice shall set forth the
vacancies and any qualifications of members. The appointing authority shall appoint a new
member for the remaining unexpired term in accordance with section 2.39.030 of this chapter.
Section 6:
ATTEST:
Title 2 Administration and Personnel, Chapter 2.39 Boards, Committees, and
Commissions, Section 2.39.080 Notice of impending vacancy is amended as
follows:
2.39.080 Notice of impending vacancy. At least thirty (30) sixty (60) days prior to the
expiration 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, attd -any qualifications of members, and an
application deadline date. The clerk shall also mail to each incumbent an application and letter
stating that their term is expiring.
Section 7: Title 2 Administration and Personnel, Chapter 2.39 Boards, Committees, and
Commissions, Section 2.39.100 Nominations is amended as follows:
2.39.100 Nominations. The appointing authority shall submit nominations of persons to fill
vacancies to the assembly for appointments to be effective January first or as soon as
practicable
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWELVTH DAY OF DECEMBER, 2002
J udith A. Nielsen, MC, Borough Clerk
KODI ISLAND BOROUGH
Gabrielle LeDoux, Borough Mayor
Kodiak Island Borough, Alaska Ordinance No. 2002-16
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