FY2011-11 Mayor and Assembly Communication Introduced by: Assembly member Stutes
Requested by: Assembly member Stutes
Drafted by: Assembly member Stutes
1 Introduced: 01/20/2011
2 Public Hearing: 02/03/2011
3 Amended: 02/03/2011
Adopted: 02/03/2011
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5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2011 -11
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8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.20 BOROUGH
10 MAYOR SECTION 2.20.040 DUTIES AND CHAPTER 2.25 BOROUGH ASSEMBLY BY
11 INSTITUTING SECTION 2.25.040 REPRESENTATION OF ASSEMBLY POSITION TO
12 REQUIRE ASSEMBLY DISCUSSION OR APPROVAL BEFORE STATING OR
13 ANNOUNCING THE POSITION OF THE BOROUGH IN ANY WRITTEN OR ELECTRONIC
14 COMMUNICATION OR GIVING TESTIMONY BEFORE ANY LEGISLATIVE OR
15 REGULATORY BODY AS A REPRESENTATIVE OF THE KODIAK ISLAND BOROUGH
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17 WHEREAS, the Mayor acts as a ceremonial head of the Borough and neither the Mayor
18 nor individual Assembly members has authority to determine or establish policy on issues of
19 interest to the Borough; and
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21 WHEREAS, the Assembly is responsible for establishing Borough policy by ordinance,
22 resolution, or other actions; and
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24 WHEREAS, communications initiated or signed by the Mayor which appear to announce
25 the Borough's policy or position on issues of public interest could be misleading or
26 prejudicial to the Borough's interest if the Assembly has not discussed the issues or
27 established a policy or position on the issue in question; and
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29 WHEREAS, requiring the Mayor or Assembly members to obtain Assembly discussion or
30 approval before stating or announcing the position of the Borough on a given issue would
31 avoid or reduce the potential for confusion or misunderstanding;
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33 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
34 BOROUGH THAT:
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36 Section 1: This ordinance is of a general and permanent nature and shall become a
37 part of the Kodiak Island Borough Code of Ordinances;
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39 Section 3: Title 2 Administration and Personnel Chapter 2.20 Borough Mayor Section
40 2.20.040 Duties is hereby amended as follows:
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42 2.20.040 Duties.
43 A. The mayor shall act as ceremonial head of the borough. The mayor shall preside at all
44 assembly meetings, and sign ordinances and other documents on the borough's behalf
45 upon assembly authorization. The failure of the mayor to sign an ordinance or resolution
46 does not invalidate them.
47 B. Before claiming to speak for the borough, borough assembly, and /or borough
48 residents or announcing the position of the borough in any written or electronic
Kodiak Island Borough Ordinance No. FY2011 -11
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49 communication, the mayor must obtain authorization from the assembly or base such
50 communication on a good faith belief that the mayor is speaking on behalf of the
51 assembly. This subsection shall not be interpreted as restricting the mayor's right to
52 state his or her personal opinion on any issue.
53 BC. Members of boards, committees, and commissions, except for members of the board of
54 adjustment, members of the board of equalization, and elected service area board
55 members, are appointed by the mayor and confirmed by the assembly in accordance with
56 KIBC 2.100.030.
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58 Section 3: Title 2 Administration and Personnel Chapter 2.25 Borough Assembly is
59 hereby amended by instituting Section 2.25.040 Representation of assembly
60 position as follows:
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62 2.25.040 Representation of assembly position.
63 A. The official position of the assembly is that taken as a result of debate and vote,
64 with the prevailing majority forming the official position.
65 B. Views and opinions of individual members of the assembly are not the official
66 position of the assembly.
67 C. The assembly may authorize a member of the assembly to serve as the official
68 assembly spokesperson on a given issue.
69 D. Before claiming to speak for the borough, borough assembly, and /or borough
70 residents or announcing the position of the borough in any written or electronic
71 communication, any assembly member must obtain authorization from the assembly.
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73 Section 3: This ordinance shall become effective upon adoption.
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75 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
76 THIS THIRD DAY OF FEBRUARY, 2011
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79 KODIAK ISLAND BOROUGH
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83 1 Jerotne M. Selby, Borough Mayo
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85 ATTEST:
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41/113
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89 Nova M. Javie ,jMMC, Borough Clerk
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Kodiak Island Borough Ordinance No. FY2011 -11
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