Chapter 2.20
BOROUGH MAYOR
Sections:
2.20.010 Office created.
2.20.020 Qualification and election of borough mayor.
2.20.030 Oath of office.
2.20.040 Duties.
2.20.050 Assembly participation.
2.20.060 Veto.
2.20.070 Miscellaneous.
2.20.080 Executive absence.
2.20.090 Vacancy in the office of mayor.
2.20.100 Filling a vacancy.
2.20.010 Office created.
There is hereby created the office of borough mayor. Executive duties of the borough shall be vested in the mayor. [Ord. 98-02 §3, 1998; Prior code Ch. 2.20; Ord. 84-61-O §2, 1984. Formerly §2.15.010].
2.20.020 Qualification and election of borough mayor.
A. A qualified borough voter who, at the time of election or appointment to fill a vacancy, has resided within the borough at least one year immediately preceding the date of election or appointment is eligible to be borough mayor.
B. The mayor is elected at-large by the qualified voters of the borough. The mayor’s regular term of office is three years and until a successor is elected and has qualified.
C. The mayor’s regular term of office begins on the first Monday following certification of the election and upon taking an oath of office.
D. The mayor may not hold a position as assembly member or borough employee, except as provided by statutes. [Ord. FY2008-17 §2, 2008; Ord. 98-02 §3, 1998. Formerly §2.15.020].
2.20.030 Oath of office.
Before taking the office of borough mayor, the mayor shall affirm in writing that the duties of the mayor will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. [Ord. FY2008-17 §2, 2008; Ord. 98-02 §3, 1998. Formerly §2.15.030].
2.20.040 Duties.
A. The mayor shall act as ceremonial head of the borough. The mayor shall preside at all assembly meetings, and sign ordinances and other documents on the borough’s behalf upon assembly authorization. The failure of the mayor to sign an ordinance or resolution does not invalidate them.
B. Before claiming to speak for the borough, borough assembly, and/or borough residents or announcing the position of the borough in any written or electronic communication, the mayor must obtain authorization from the assembly or base such communication on a good faith belief that the mayor is speaking on behalf of the assembly. This subsection shall not be interpreted as restricting the mayor’s right to state his or her personal opinion on any issue.
C. 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 in accordance with KIBC 2.100.030. [Ord. FY2011-11 §3, 2011; Ord. 02-09 §2, 2002; Ord. 98-02 §3, 1998. Formerly §2.15.040].
2.20.050 Assembly participation.
The mayor may take part in the discussion of any matter before the assembly. The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. [Ord. 02-16 §3, 2002; Ord. 98-02 §3, 1998. Formerly §2.15.050].
2.20.060 Veto.
A. Except as provided in subsection C of this section, the mayor may veto an ordinance, resolution, motion, or other action of the assembly and may strike or reduce appropriation items except for school budget items.
B. A veto must be exercised before the next regular meeting of the assembly and must be accompanied by a written explanation of the reasons for the veto. A veto may be overridden by a vote of two-thirds of the authorized membership of the assembly within 21 days following exercise of the veto, or at the next regular meeting, whichever is later.
C. The veto does not extend to:
1. Appropriation items in a school budget resolution/ordinance;
2. Actions of the assembly sitting as the board of adjustment; or
3. Adoption or repeal of a manager plan of government. [Ord. 98-02 §3, 1998. Formerly §2.15.060].
2.20.070 Miscellaneous.
A. Compensation and Expenses.
1. The mayor’s compensation shall be $500.00 per month. The mayor may be included in the borough health and life insurance plan.
2. Expenses of the mayor, other than transportation and per diem for approved travel, incurred because of borough activities may be reimbursed by the borough only after approval by the assembly.
B. Travel.
1. The mayor while traveling overnight on official business will be advanced or reimbursed per diem at the rate and under such conditions as are prescribed for other appointed officers and employees of the borough.
2. Travel shall be at the most economical fare possible.
3. Travel requests to the clerk shall be submitted timely to avoid unnecessary staff overtime.
4. Once travel arrangements are accepted and confirmed by the mayor, and tickets are purchased, any changes and additional fees shall be the mayor’s responsibility except:
a. When travel arrangements are changed for borough business; or
b. When travel arrangements are changed for a family-related emergency.
i. Interim financial assistance may be provided by the borough; however, reimbursement of the assistance shall be subject to assembly approval.
c. If travel arrangements are changed for personal reasons, other than a family-related emergency, additional fees shall not be reimbursed.
5. The mayor while traveling on borough business, if stranded from Kodiak due to inclement weather or other adverse conditions, will be reimbursed the appropriate per diem and any reasonable necessary expenses incurred.
a. If the mayor shortens or extends the originally scheduled travel time in any way for borough business and becomes stranded, reimbursement of the appropriate per diem and any reasonable necessary expenses incurred shall be subject to assembly approval.
b. If the mayor shortens or extends the originally scheduled travel time in any way for personal reasons and becomes stranded, expenses will not be reimbursed.
6. For travel other than annual routinely scheduled conferences or meetings, the mayor shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of the trip. If there is no regular assembly meeting or work session before the planned trip, the mayor shall request the clerk to poll the entire assembly for approval by a majority of the assembly.
a. Following completion of travel, the mayor shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip. [Ord. FY2008-04 §2, 2007; Ord. FY2007-09 §3, 2006; Ord. 03-05 §2, 2003; Ord. 98-02 §3, 1998. Formerly §2.15.070].
2.20.080 Executive absence.
A. In the mayor’s absence, the deputy presiding officer shall preside at all regular and special meetings and perform the duties assigned by the mayor or assembly.
B. The mayor, subject to assembly approval, shall designate a person to act as mayor during the mayor’s temporary absence or disability. If a manager plan has been adopted, the assembly shall designate by resolution a borough administrative official to act as manager during the manager’s absence or disability. [Ord. FY2005-07 §3, 2004; Ord. 98-02 §3, 1998. Formerly §2.15.080].
2.20.090 Vacancy in the office of mayor.
The assembly shall, by two-thirds concurring vote, declare the office of mayor vacant only when the person elected:
A. Fails to qualify or take office within 30 days after election or appointment;
B. Unless excused by the assembly, is physically absent for 90 consecutive days;
C. Resigns and the resignation is accepted;
D. Is physically or mentally unable to perform the duties of office;
E. Is convicted of an offense involving a violation of the oath of office;
F. Is convicted of a felony or misdemeanor described in Alaska Statutes;
G. Is convicted of a violation of Alaska State Election Campaign laws; or
H. No longer physically resides in the borough. [Ord. 98-02 §3, 1998. Formerly §2.15.090].
2.20.100 Filling a vacancy.
A vacancy in the office of the mayor occurring within six months of a regular election shall be filled by the assembly. The person designated shall serve until the next regular election and until a successor is elected and has qualified. If an assembly member is chosen, he shall resign his assembly seat. If a vacancy occurs more than six months before a regular election, the assembly shall call a special election to fill the unexpired term.
A. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A). [Ord. 98-02 §3, 1998. Formerly §2.15.100].