Chapter 14.10
MANAGEMENT AND OPERATION

Sections:

14.10.010    Management.

14.10.020    Qualifications of service area directors.

14.10.030    Nomination of candidates.

14.10.040    Selection of members.

14.10.050    Term of office.

14.10.060    Vacancies.

14.10.070    Qualification of voters.

14.10.080    Officers.

14.10.090    Meetings, minutes.

14.10.100    Quorum.

14.10.110    Rules, regulations.

14.10.120    Authority and duties of boards.

14.10.130    Authority and duties of the borough manager.

14.10.140    Service area status.

14.10.010 Management.

The borough manager, subject to the paramount authority of the assembly of the Ketchikan Gateway Borough, shall manage service areas. The assembly shall, where it determines it is practical to do so, appoint a service area board of directors for a service area to make recommendations concerning budgets and services, and to advise the borough manager regarding the execution of the work program and budgets for that service area. Each board shall be composed of five members unless otherwise provided. For service areas which do not have an appointed service area board, the manager may form an advisory board to assist the manager in determining the level of service to be provided in the service area. [Ord. No. 1815, §1, 10-3-16; Ord. No. 1766A, §1, 9-21-15; Ord. No. 784, §1, 12-3-90; Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.005.]

14.10.020 Qualifications of service area directors.

(a)    Except as provided in subsection (b) or (c) of this section, a qualified borough voter who, at the time of appointment, is a resident of, and has resided within, the service area for not less than 30 days is eligible to be a member of the board of directors.

(b)    If the assembly determines by resolution that an insufficient number of persons reside within a service area, members of the board of directors may be appointed from qualified borough voters owning property but not residing within the service area. Preference shall be given, however, to persons residing within the service area.

(c)    Where a service area routinely receives more than 10 percent of its funding from a tax exempt entity, the service area board of directors may include a nonvoting ex officio representative of that tax exempt entity. Such ex officio representative shall be in addition to the normal number of service area board members for the service area. Ex officio members shall not be counted for quorum purposes. [Ord. No. 1815, §2, 10-3-16; Ord. No. 784, §2, 12-18-90; Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.010.]

14.10.030 Nomination of candidates.

Candidates for appointment to the board of directors are nominated by making application for consideration on a form provided by the borough clerk. [Ord. No. 784, §3, 12-18-90; Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.015.]

14.10.040 Selection of members.

Following application for consideration as provided in KGBC 14.10.030, a candidate may be appointed by the borough mayor, subject to assembly approval, at a regular or special meeting of the assembly. [Ord. No. 784, §4, 12-18-90; Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.020.]

14.10.050 Term of office.

(a)    The regular term of office for board members is three years, and begins on the first of July.

(b)    In the event the initial service area board of directors takes office in July, as provided in subsection (a) of this section, immediately after appointment the members shall determine by lot the length of term of office so that the terms are staggered.

(c)    In the event the initial service area board is appointed at a time other than the time specified in subsection (a) of this section, the regular terms shall be determined in the manner provided in subsection (b) of this section, and shall be deemed to commence on July 1; provided, however, that all members of the initial board only shall also serve, and their initial terms shall include, the additional intervening time. [Ord. No. 1033, §§1 – 3, 5-19-97; Ord. No. 784, §5, 12-18-90; Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.025.]

14.10.060 Vacancies.

Vacancies in the membership of a service area board of directors shall be filled in accordance with KGBC 14.10.040 by the borough mayor, subject to assembly approval. The person so appointed shall serve the remaining term of the person replaced. [Ord. No. 784, §6, 12-18-90; Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.030.]

14.10.070 Qualification of voters.

A qualified voter of the borough who is a resident of the service area is a qualified voter of the service area. [Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.035.]

14.10.080 Officers.

The board of directors shall annually appoint from its members a chairman, a vice-chairman and a secretary. [Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.040.]

14.10.090 Meetings, minutes.

The board of directors shall meet at least once annually and may meet at any special meeting called by the chairman or by one-third of the members upon not less than 24 hours’ prior oral or written notice to all members. Reasonable public notice shall be given for all meetings. There shall be a reasonable opportunity for the public to be heard at all meetings, and the chairman shall cause minutes of each meeting to be recorded and forwarded to the borough clerk. [Ord. No. 1815, §3, 10-3-16; Ord. No. 737, §1, 4-2-90; Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.045.]

14.10.100 Quorum.

A quorum of the board of directors for the conduct of business at any meeting is a majority of the total authorized membership of the board of directors. [Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.050.]

14.10.110 Rules, regulations.

The board of directors may adopt such rules and regulations as may be necessary to carry out its duties, subject to approval thereof by the assembly. [Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.055.]

14.10.120 Authority and duties of boards.

The board of directors may:

(a)    Adopt, and may periodically amend, a service area work program prescribing the level of service desired by the service area. Any amendment to such work program may include a statement of any proposed change in the level of services desired by the service area board, the service area board’s priorities for operating and capital expenditures, and proposed fees, tax levies, and other revenues to support service area services.

(b)    Annually approve and submit to the borough manager a recommended service area operating budget and capital budget for the next borough fiscal year. The operating and capital budgets shall be consistent with any service area work program and shall be in a form compatible with the borough operating budget and capital budget.

(c)    Advise the manager regarding the execution of the work program and budgets for its service area.

(d)    Advise the borough assembly on actions regarding the service area that require assembly approval. [Ord. No. 1766A, §2, 9-21-15; Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.060.]

14.10.130 Authority and duties of the borough manager.

The borough manager shall:

(a)    Prepare service area budgets in accordance with KGBC 14.10.120(b), and for service areas with boards of directors, provide staff assistance to service area boards for the development of any service area work programs and budgets.

(b)    Execute the assembly-adopted operating budget and capital budget for each service area, and direct and supervise the administration of all activities and borough staff providing services in the service area.

(c)    Where a service area board has approved a work program, carry out the work program following the specifications and priorities in the service area work program as adopted or amended by the service area board of directors, subject to the availability of appropriated funds.

(d)    Consult with service area boards of directors regarding service area administration, including but not limited to developing contract specifications for performance of services in the respective service areas, contractor selection in accordance with applicable borough laws and other laws, and monitoring and supervising contractor performance where contractors are hired by the borough to perform service area services. [Ord. No. 1766A, §3, 9-21-15; Ord. No. 797, §1, 4-1-91; Ord. No. 422, §1, 7-19-82. Code 1974 §50.06.065.]

14.10.140 Service area status.

The Ketchikan Gateway Borough is a municipal corporation that provides municipal services on an areawide, nonareawide, and service area basis. A service area has no corporate status. A service area is a defined geographic area of the borough in which: (1) services are provided by the borough that are not provided on an areawide or nonareawide basis; or (2) areawide or nonareawide services are provided by the borough on a different level than they are areawide or nonareawide. [Ord. No. 1766A, §4, 9-21-15.]