Chapter 2.25
BOROUGH ASSEMBLY
Sections:
2.25.005 Legislative powers.
2.25.010 Composition.
2.25.020 Term.
2.25.030 Assembly oath of office.
2.25.040 Representation of assembly position.
2.25.050 Deputy presiding officer.
2.25.060 Declaring and filling vacancies.
2.25.070 Absences.
2.25.150 Ordinance – Form.
2.25.160 Ordinance – Adoption.
2.25.170 Resolution – Form.
2.25.180 Resolution – Adoption.
2.25.190 Journal of proceedings.
2.25.200 Repealed.
2.25.005 Legislative powers.
The legislative power of the borough is vested in the assembly. The assembly is otherwise known as the governing body. The assembly formally establishes borough policy by ordinance or resolution. [Ord. 98-02 §4, 1998. Formerly §2.16.005].
2.25.010 Composition.
The assembly consists of seven members elected at large. An assembly member may not hold a position as borough mayor or borough employee, except as provided by statutes. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 75-16-O §1, 1975; Ord. 74-6-O §1. Formerly §2.16.010].
2.25.020 Term.
The term of an assembly member is three years or until a successor is selected and qualified. The regular term of office begins on the first Monday following certification of the election and upon taking an oath of office. [Ord. FY2008-17 §3, 2008; Ord. 79-11-O, 1979; Ord. 75-16-O §2, 1975; Ord. 74-6-O §2, 1974; prior code Ch. 2 subch. 2 §2. Formerly §2.16.020].
2.25.030 Assembly oath of office.
Before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. [Ord. FY2008-17 §3, 2008].
2.25.040 Representation of assembly position.
A. The official position of the assembly is that taken as a result of debate and vote, with the prevailing majority forming the official position.
B. Views and opinions of individual members of the assembly are not the official position of the assembly.
C. The assembly may authorize a member of the assembly to serve as the official assembly spokesperson on a given issue.
D. 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, any assembly member must obtain authorization from the assembly. [Ord. FY2011-11 §3, 2011].
2.25.050 Deputy presiding officer.
The assembly shall elect from among its members a deputy presiding officer, as specified in KIBC 2.30.040(A), to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy presiding officer is not present or disqualifies himself, the senior assembly member present shall act as the chair. When a member of the assembly is acting as the chair, the member retains all privileges otherwise held as a member of the assembly. [Ord. FY2008-17 §3, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 84-61-O §5, 1984; Ord. 79-11-O, 1979; Ord. 74-6-O §4, 1974; prior code Ch. 2 subch. 2 §4. Formerly §2.16.050].
2.25.060 Declaring and filling vacancies.
A. The assembly shall declare an assembly member’s seat vacant when the assembly member:
1. Fails to qualify or take office within 30 days after election or appointment;
2. Is physically absent from the municipality for 90 consecutive days unless excused by the governing body;
3. Resigns and the resignation is accepted;
4. Is physically or mentally unable to perform the duties of office as determined by a two-thirds vote of the governing body;
5. Is convicted of a felony or of an offense involving a violation of the oath of office;
6. Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the members of the governing body concur in expelling the person elected;
7. Is convicted of a violation of AS 15.13;
8. No longer physically resides in the municipality and the governing body by a two-thirds vote declares the seat vacant; this subsection does not apply to a member of the governing body who forfeits office under AS 29.20.140(a); or
9. If a member of the governing body misses three consecutively held regular meetings and is not excused.
B. If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated.
C. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat.
D. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer.
E. Notwithstanding subsection C of this section, if the membership of the assembly is reduced to fewer than four assembly members, then the remaining assembly members shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven days after the quorum was reduced to less than four assembly members.
F. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008-12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11-O, 1979; Ord. 74-6-O §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060].
2.25.070 Absences.
No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 74-6-O §6, 1974; prior code Ch. 2 subch. 2 §6. Formerly §2.16.070].
2.25.150 Ordinance – Form.
All ordinances shall be introduced in writing in the following form:
A. Heading: “KODIAK ISLAND BOROUGH”;
B. Number: “ORDINANCE NO. __________”;
C. Title: A short description of the subject matter of the ordinance, beginning with “AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH”;
D. Whereas clause: As necessary to describe the reasons for the ordinance;
E. Enacting clause: “NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that:”;
F. Ordinance sections and section headings, where necessary, designating the position of the code of ordinances affected and whether it will be repealed, amended, or repealed and reenacted. The forms to be used are:
1. “That section _______ of the Kodiak Island Borough Code of Ordinances is amended to read as follows:” or “... is amended by adding a new section to read,”
2. “That section _______ of the Kodiak Island Borough Code of Ordinances is repealed,”
3. “That section _______ of the Kodiak Island Borough Code of Ordinances is repealed and reenacted to read as follows:”;
G. Blanks with appropriate heading for the dates of first and second readings; and
H. Provision for dating and signing: “ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS _______ DAY OF _________, (year)” and designated signature lines for the mayor and clerk. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 74-6-O §1, 1974; prior code Ch. 2 subch. 2 §11. Formerly §2.16.150].
2.25.160 Ordinance – Adoption.
Ordinances shall be adopted in compliance with procedures established by AS 29.25.020 and/or 29.25.030. [Ord. 79-11-O, 1979; Ord. 74-6-O §1, 1974; prior code Ch. 2 subch. 2 §11. Formerly §2.16.160].
2.25.170 Resolution – Form.
Resolutions shall be introduced in writing in the following form:
A. Heading: “KODIAK ISLAND BOROUGH”;
B. Number: “RESOLUTION NO. ______”;
C. Title: A short description of the subject and purpose of the resolution, beginning with “A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH”;
D. Whereas clause: As necessary to describe the reasons for the resolution;
E. Resolving clause: “NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that:”; and
F. Provision for dating and signing: “ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS _______ DAY OF _________ (year),” and designated signature lines for the
mayor and clerk. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 74-6-O §1, 1974; prior code Ch. 2 subch. 2 §12(a). Formerly §2.16.170].
2.25.180 Resolution – Adoption.
Resolutions shall be read aloud before any vote is taken unless ample copies are available, and the reading is waived by a two-thirds vote of the assembly. Persons in attendance may be given an opportunity to be heard on the resolutions.
After the hearing, the assembly may pass or reject the resolutions, with or without amendments, and no further hearing or action is required. [Ord. 79-11-O, 1979; Ord. 74-6-O §1, 1974; prior code Ch. 2 subch. 2 §12(b). Formerly §2.16.180].
2.25.190 Journal of proceedings.
The clerk shall attend all meetings of the assembly, keep a journal of its proceedings and shall maintain an indexed file, open to public inspection, of signed copies of all ordinances, resolutions, and orders adopted by the assembly. The clerk shall perform such other duties as are required by this code or as otherwise ordered by the assembly. [Ord. 79-11-O, 1979; Ord. 74-6-O §1, 1974; prior code Ch. 2 subch. 2 §13. Formerly §2.16.190].
2.25.200 Retention, disposal, and microfilming of public records.
Repealed by Ord. FY2010-02. [Ord. 98-02 §4, 1998; Ord. 79-11-O, 1979; Ord. 75-2-O §1, 1975. Formerly §2.16.200].