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2008-01-03 Special Meeting1. ROLL CALL Kodiak Island Borough Assembly Special Meeting Agenda January 3, 2008, Noon Borough Conference Room 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Ordinance No. FY2008 -12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring And Filling Vacancies. 4. ADJOURNMENT This meeting was called by the Mayor and Assembly. Page 1 of 1 Kodiak Island Borough Assembly Special Meeting Guidelines January 3, 2008, Noon, Borough Conference Room 1. ROLL CALL 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Ordinance No. FY2008 -12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring And Filling Vacancies. Recommended motion: Move to adopt Ordinance No. FY2008 -12 in first reading to advance to public hearing on January 10, 2008. Staff Report — Clerk Javier Assembly discussion - Amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines January 3, 2008 Page 1 BY: SECOND: BY: ict SECOND: l`O n^ �� g , 1 2 / 1/" O d' BY: g SECONDi.Q5 BY: SECOND: BY: SECOND: Yes No Yes No Yes No Yes No Yes No Mr. Abell ✓ . • I/ . ' • - ra I. y' - - Abell • Ms. Branson V Ms. Branson •' Ms. Branson Ms. Branson Ms. Branson Mr. Friend V Mr. Friend El Mr. Friend Mr. Friend Mr. Friend Ms. Jeffrey V Ms. Jeffrey Ell Mill ✓ Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Lynch V — V Ms. Lynch Mr. Oswalt Ms. Lynch ✓ Mr. Oswalt El Ms. Lynch Mr. Oswalt Ms. Lynch Mr. Oswalt Mr. Oswalt Ms. Stutes ti/ Ms. Stutes ✓ Ms. Stutes al Ms. Stutes Ms. Stutes DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL ( 1 TOTAL In case of a tie nur, _ TOTAL In case of a tie GQ El TOTAL In case of a tie TOTAL In case of a tie In case of a tie Mayor Selby l/ Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular Special Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: 011 ,IU7 Adjourned: 1 I: O 0 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -12 Introduced by: Assembly Member Branson Requested by: Assembly Member Branson Drafted by: Assembly Member Branson Introduced: 01/03/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16.060 DECLARING AND FILLING VACANCIES WHEREAS, KIBC 2.16.060 A. 4. presently reads as follows: The Assembly shall declare an assembly member's seat vacant when the assembly member misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one - half (1/2) of all regular assembly meetings of the assembly in a six (6) month period, and WHEREAS, this section of the borough code was last amended in May 1990; and WHEREAS, since 1990 the Assembly has not used this code section to declare any assembly member's seat to be vacant; and WHEREAS, it has been brought to the attention of the Assembly that this section could be read to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and WHEREAS, it is in the best interests of the Kodiak Island Borough to clarify and amend this section to reflect the practices of the Assembly since 1990; and WHEREAS, according to KIBC 1.01.110 A, the Assembly may expressly provide that the amendment to KIBC 2.16.060 A.4. extinguishes any penalty, forfeiture, liability incurred, or right accruing under KIBC 2.16.060 A.4, as it read before this amendment; and WHEREAS, it is clear that the 1990 amendment merely omitted the word "unexcused" from the second clause of the ordinance; 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. Kodiak Island Borough Ordinance No. FY2008 -12 Page 1 of 2 Section 2: Title 2 Administration and Personnel Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring and Filling Vacancies is amended to read: 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 1-- miccoc more than four ( unexcucod concocutivo rogularly schodulod 4. if a member of the Assembly misses three consecutive held regular meetings and is not excused. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -12 Page 2of2