2007-11-20 Special Meeting1. ROLL CALL
Kodiak Island Borough
Assembly Special Meeting Agenda
November 20, 2007, 7:30 p.m.
Borough Assembly Chambers
2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
a. Executive Session — Attorney - client privilege
Stephens vs Kodiak Island Borough
4. ADJOURNMENT
This meeting was called by the Assembly.
Page 1 of 1
1. ROLL CALL
Kodiak Island Borough
Assembly Special Meeting Guidelines
November 20, 2007, 7:30 p.m., Assembly Chambers
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.
(If a motion for persons to be invited into Executive Session is to be made, this would be
the time. Please state their name, relationship, and purpose to be included in Executive
Session in your motion. A majority vote (4) is required
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
a. Executive Session — Attorney - client privilege
Stephens vs. Kodiak Island Borough
Recommended motion: Move to convene into executive session to discuss
Stephens vs. Kodiak Island Borough litigation which qualifies for executive
session under potential or pending litigation and confidential attorney -
client communications.
ROLL CALL VOTE ON MOTION
Please invite all Assembly members, the Manager, Clerk's Office Staff, and the
Borough Attorney to participate.
After the vote, Mayor Selby recesses the regular meeting and convenes the
executive session.
Upon returning from the executive session, Mayor Selby reconvenes the regular
meeting and announces no action is to be taken as a result of the executive
session.
Or, the Assembly may make a motion if necessary.
ROLL CALL VOTE ON ANY MOTION
4, Arlin' IRNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION
Kodiak Island Borough Assembly Guidelines
November 20, 2007 Page 1
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KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
KODIAK ISLAND BOROUGH
ASSEMBLY MEETING
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Meeting of : ott.)
Pleas print your name
Please printl/our name
November 20, 2007
Kodiak Island Borough Assembly
710 Upper Mill Bay Road
Kodiak, AK 99615
Dear Assembly Members,
Lisa C. Polito
P.O. Box 1925
Kodiak, AK 99615
lisa.polito@gmail.com (907) 486 -4954
kODIAK ISLAND BOROUGH
CLERKS OFFICE;
COPIED TO:
1-4:!, _ i S °, MAYOR_ �.__
MAh1; -
NOV 2. 0 2007
0
Bar:
As you consider entering executive session this evening, I ask that you keep in mind the possible
unintended consequences of any action you might take.
First of all, Mr. Mel Stephens's interpretation of the term "regular assembly meetings" in the
second line of KIB ordinance 2.16.060.A.4 as pertaining only to meetings held runs counter to
the language in the first line of that ordinance item ( "regularly scheduled assembly meetings ").
As you are well aware, this ordinance is ambiguous at best —and at worst typographically in
error (in the version published on the MB website, the numeric reiteration of "one -half' reads
"2" rather than "1/2 ") —and I agree that the Assembly's intent in regard to absences must be
clarified. Clearly, the ordinance should be re- written.
Furthermore, I believe you would all agree that basing Assembly action on flawed verbiage is
neither a wise, thoughtful execution of authority nor serving the long -term interest of our
community and its representative body — particularly if that action runs counter to the will of the
public expressed via the voting booth. You would not knowingly enter the Boro into a contract
containing typographical errors or ambiguous language; you would demand clarity first.
Likewise, indulging Mr. Stephens's wish of ousting Sue Jeffrey, based on his interpretation of
this ordinance, is like plunging the Boro into a murky contract. I urge you not to compound the
current ordinance problem with injustice and circumvention of the voters' will.
Mr. Stephen's and his supporters proclaim an air of innocence: it's not personal, they repeat
mechanically. While Mr. Stephens's actions may not technically qualify as "personal" they are
most certainly political. Had Mr. Stephens been acting only as a community- minded citizen,
concerned with the fiscally - prudent conduct of government (as he has professed to be in the
past), then he would have approached the Borough Assembly, Mayor, Clerk, or Manager soon
after Ms. Jeffrey's or Ms. Branson's absences came to his attention. In the United States, we are
blessed with open access to government and so, typically, the first step to remedy a governance
problem is to communicate with elected officials and government employees. Instead, Mr.
Stephens's waited several weeks and then publicized his collected data in the newspaper, mere
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motivations of such behavior appear both political and personal.
And since actions do speak louder than words, should the Assembly take action to vacate Ms.
Jeffrey's seat, such action could easily be interpreted as the will of the Assembly and affect a
court interpretation of the ordinance.
., I
I would hope that each Assembly member could put aside his or her personal and political views
long enough to look down the road and see the unintended repercussions of indulging Mr.
Stephens's wishes, however piously he couches them. Not only would vacation of Ms. Jeffrey's
seat encourage similar Machiavellian political manipulations in the future but would also, given
the potentially high rate of meeting cancellation (33% from March through August), virtually
preclude commercial fishermen from serving on the Assembly for fear that a few seasonal
absences could result in a permanent vacation (from the Assembly, that is). Furthermore, I am
deeply concerned that Mr. Stephens's interpretation of the ordinance (meetings held) could
further be manipulated by strategic cancellation of regular meetings. It may sound paranoid, but
look how easily such events transpired without anyone's intention.
The Assembly should take no action based on a poorly written ordinance. Instead, I urge you to
protect diverse political viewpoints; don't vacate Ms. Jeffrey's seat and send the message that
elected officials should live in fear of politically motivated, Machiavellian attacks
Respectfully,
Lis C. Polito
Marylynn McFarland
From: Alan Schmitt [alan @JESMKOD.COM]
Sent: Tuesday, November 20, 2007 3:06 PM
To: Marylynn McFarland
Cc: Matt JAMIN
Subject: Jamin phone number(s)
Good afternoon Marylynn:
At 7:30 tonight, Matt can be reached at (303) 316 -2700 (Room 518). If that does not work (it is the hotel),
he will have Chris's cell phone nearby - it is (907) 539 -5712.
Alan L. Schmitt
Jamin Schmitt St. John, P.C.
NOTICE: This electronic message transmission contains information belonging to Jamin Schmitt St.John. It
is solely for the recipient(s) named above and it may be privileged or confidential. JAMIN SCHMITT ST.
JOHN EXPRESSLY PRESERVES AND ASSERTS ALL PRIVILEGES AND IMMUNITIES APPLICABLE TO
THIS TRANSMISSION. If you are not the intended recipient, be aware that any disclosure, copying,
distribution, or use of this communication is STRICTLY PROHIBITED. If you have received this electronic
transmission in error, please notify me by telephone at (907) 486 -6024 or by electronic mail
(clan@ jesmkod.com) immediately. Thank you.
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Marylynn McFarland
From: Alan Schmitt [alan @JESMKOD.COM]
Sent: Tuesday, November 20, 2007 11:56 AM
To: Marylynn McFarland
Cc: Matt JAMIN; Jessica Kepley; Nova Javier; Rick Gifford
Subject: Re: 11202007 sm guidelines
Since the meeting was not advertised to be a public meeting, adjourning should occur if the issue is put to a
vote and there are insufficient votes to go into the executive session.
Alan L. Schmitt
Jamin Schmitt St. John, P.C.
NOTICE: This electronic message transmission contains information belonging to Jamin Schmitt St.John. It
is solely for the recipient(s) named above and it may be privileged or confidential. JAMIN SCHMITT ST.
JOHN EXPRESSLY PRESERVES AND ASSERTS ALL PRIVILEGES AND IMMUNITIES APPLICABLE TO
THIS TRANSMISSION. If you are not the intended recipient, be aware that any disclosure, copying,
distribution, or use of this communication is STRICTLY PROHIBITED. If you have received this electronic
transmission in error, please notify me by telephone at (907) 486 -6024 or by electronic mail
(alan@ jesmkod.com) immediately. Thank you.
>>> "Marylynn McFarland" <mmcfarland @kodiakak.us> 11 /20 /0711:10AM >»
Change of order of the guidelines for this evening.
Alan, what if the vote to go into Executive Session tonight does not get a majority vote? Is the meeting
immediately adjourned or ....I am assuming that they cannot talk about the litigation in public? Can they
discuss outside counsel pay? We are trying to be prepared for whatever may happen. This is what my phone
call to you was for... to save you a call back.
Marylynn
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Marylynn McFarland
From: Marylynn McFarland
Sent: Wednesday, November 14, 2007 11:07 AM
To: Alan Schmitt; Rick Gifford
Cc: Nova Javier; Jessica Kepley
Subject: Special Meeting - Executive Session
Tom Abell has called this morning and would like to call a special meeting, the sooner the better. I am
able to advertise Friday for a Monday or Tuesday night meeting. I am checking to see if legal
representation will be available either of those evenings. And, for Louise Stutes and Tom Abell who are
being represented by other law firms, would they be allowed to participate in this executive session?
Please let me know your schedules Alan.
Mary lynn McFarland, Deputy Clerk
Kodiak Is /and Borough
710 Mill Bay Road
Kodiak, AK 99615
e -mail: mmcfarland@kochakak.us
web site: www.kodiakak.us
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