Chapter 2.100
BOARDS, COMMITTEES, AND COMMISSIONS
Sections:
2.100.010 Board, committee, and commission members subject to this chapter.
2.100.020 Powers and duties.
2.100.030 Appointments.
2.100.040 Qualifications.
2.100.045 Repealed.
2.100.050 Terms.
2.100.060 Compensation.
2.100.070 Vacancies.
2.100.080 Notice of impending vacancy.
2.100.090 Applications.
2.100.100 Nominations.
2.100.110 Officers.
2.100.120 Quorum and voting requirements.
2.100.130 Meetings.
2.100.140 Conflict of interest.
2.100.150 Procedure.
2.100.160 Reports and minutes.
2.100.170 Ex officio members and staff.
2.100.180 Termination.
2.100.010 Board, committee, and commission members subject to this chapter.
All boards, committees, and commissions, with the exclusion of the board of equalization, service area advisory boards, the fisheries and oceanic research board, and the Kodiak workforce regional advisory council shall be governed by each of the provisions set forth in this chapter. [Ord. FY2011-04 §3, 2010].
2.100.020 Powers and duties.
A. The assembly, by ordinance, may provide for advisory, regulatory, appellate or quasi-judicial boards or commissions. The ordinance shall prescribe the duties and qualifications of members.
B. The assembly, by ordinance, may create or designate itself to be a board of review, adjustment or equalization. The ordinance shall prescribe the rules of procedure. [Ord. 87-29-O §3, 1987. Formerly §2.39.020].
2.100.030 Appointments.
Members of boards, committees, and commissions, except for members of the board of adjustment, members of 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. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. [Ord. 02-09 §3, 2002; Ord. 02-05 §2, 2002; Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.030].
2.100.040 Qualifications.
In addition to any other qualifications required by this code, a member:
A. Shall be a qualified voter of the borough; and
B. Shall remain a resident of the borough while in office. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.040].
2.100.045 Financial responsibility.
Repealed by Ord. 94-06. [Ord. 87-34-O §2, 1987. Formerly §2.39.045].
2.100.050 Terms.
The term of each member is three 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. The regular term shall, unless otherwise specified by ordinance, commence on January 1st of the year of appointment and shall expire on December 31st of the year the term expires. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.050].
2.100.060 Compensation.
No member shall be compensated for services, with the exception of the planning and zoning commission, which shall receive $200.00 per month, and the board of equalization, which shall receive $100.00 per meeting attended. Work sessions are not considered for compensation. [Ord. FY2008-04 §2, 2007; Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.060].
2.100.070 Vacancies.
A. Other than by expiration of the member’s term, the assembly shall declare a seat vacant when a member:
1. Is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission;
2. Resigns and the resignation is accepted;
3. Is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the board, committee, or commission;
4. Is convicted of a felony or of an offense involving a violation of the oath of office;
5. No longer physically resides in the municipality and the board, committee, or commission by two-thirds vote declares the seat vacant; this subsection does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140(a); or
6. Misses three consecutively held regular meetings and is not excused.
B. If a member of the board, committee, or commission misses one-half of the meetings held in any year of his or her term in office, each year between January 1st and December 31st, the seat shall be automatically vacated.
C. 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 loss 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.
D. 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 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. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. [Ord. 2008-15 §2, 2008; Ord. 02-16 §5, 2002; Ord. 02-09 §3, 2002; Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.070].
2.100.080 Notice of impending vacancy.
At least 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, 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. [Ord. 02-16 §6, 2002; Ord. 02-09 §4, 2002; Ord. 87-29-O §3, 1987. Formerly §2.39.080].
2.100.090 Applications.
The clerk shall provide a standard information and application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk. [Ord. 87-29-O §3, 1987. Formerly §2.39.090].
2.100.100 Nominations.
The appointing authority shall submit nominations of persons to fill vacancies to the assembly for appointments to be effective January 1st or as soon as practicable. [Ord. 02-16 §7, 2002; Ord. 87-29-O §3, 1987. Formerly §2.39.100].
2.100.110 Officers.
The members shall annually elect a chair and a vice-chair. The vice-chair shall act in the absence of the chair or in the inability of the chair to act. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.110].
2.100.120 Quorum and voting requirements.
A majority of the authorized members shall be a quorum for the transaction of business. The affirmative votes of the majority of the authorized members 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. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.120].
2.100.130 Meetings.
Regularly scheduled meetings shall be held at a time and place designated by the board, committee, or commission. The chair, the municipal employee designated as an ex officio member pursuant to KIBC 2.100.170, or a majority of the members may call a special meeting. All meetings shall be open to the public and notice posted by the borough clerk. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.130].
2.100.140 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. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.140].
2.100.150 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, committee, or commission shall establish rules governing proceedings before the board or commission, subject to approval by the assembly. In 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. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.150].
2.100.160 Reports and minutes.
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. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.160].
2.100.170 Ex officio members and staff.
The manager may appoint a borough employee as 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 nor is an ex officio member a member for the purpose of establishing a quorum. Unless otherwise provided in the section establishing the board, committee, or commission, the manager shall provide or designate any required staff. [Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.170].
2.100.180 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 years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three 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 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. [Ord. 02-15 §2, 2002; Ord. 99-09 §2, 1999; Ord. 98-02 §8, 1998; Ord. 96-16 §2, 1996; Ord. 93-61 §2, 1993; Ord. 87-29-O §3, 1987. Formerly §2.39.180].