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TITLE 2 - ADMINISTRATION AND PERSONNEL


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2.04 City council
2.08 Officers and employees
2.10 Financial disclosure and conflict of interest

2.12 Fire department

2.14 Police department

2.16 Elections; voting regulations

2.22 Initiative, referendum and recall

2.20 Elections; candidates

2.24 Elections; procedures

2.28 Elections; returns

2.32 Emergency services

2.36 Management of records

2.37 Repealed






CHAPTER 2.04
CITY COUNCIL


For statutory provisions requiring that meetings of all municipal bodies be public, see AS 29.20.020, and for ordinance veto by mayor, see AS 29.20.270(e); for charter provisions regarding city council meetings and procedures, see City Charter II-7 - II-15.



2.04.010 Meetings

2.04.020 Quorum, rules, yeas, and nays; voting

2.04.030 Ordinances; enacting clause

2.04.040 Ordinances; passage, when in effect

2.04.050 Ordinances; emergency

2.04.060 Adoption by reference

2.04.070 Rules of order

2.04.080 Suspension of rules

2.04.090 Order of motions

2.04.100 Executive sessions

2.04.110 Order of business

2.04.120 Agenda

2.04.130 Motion; amending amendments

2.04.140 Motion to reconsider

2.04.150 Motion to rescind



2.04.010 Meetings
. The council shall hold its regular meetings at seven thirty p.m. on the second and fourth Thursdays of each month. If the regular meeting day falls on a holiday or holiday eve, then the council may advance, retard, or cancel the meeting as necessary. When the lack of a quorum of the council necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the council may cancel such meeting and hear its business at the next regular meeting. Special meetings may be called by the mayor or by the city manager, upon the request of two or more members of the council, for the consideration of any specific business named in the request or call, and no other business can be transacted at such special meeting. (Ord. 990 §6, 1994; election October 4, 1994; ratified October 13, 1994; CCK §2.2.1)

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2.04.020 Quorum, rules, yeas, nays; voting. A majority of all the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day or from time to time. The council shall determine its own rules. On the demand of any member, the vote on any question shall be by yeas and nays, and entered in the journal; provided that the council by rule or ordinance may require the vote on any or all questions to be by yeas and nays. A vote of at least a majority of all the councilmembers shall be required for the adoption of every motion. The mayor shall vote in case of a tie. All members in attendance shall vote on all questions unless disqualified from voting by subsection 2.10.060(d) of this title. The uncounted vote of a member who is disqualified from voting shall not be counted as a yea or nay vote, and if there are not at least four councilmembers in attendance who are qualified to vote the matter shall be tabled until the next regular or special meeting at which four councilmembers qualified to vote on the matter are in attendance. (Ord. 573 §1, 1980; CCK §2.2.2)

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2.04.030 Ordinances
; enacting clause. The enacting clause of all ordinances passed by the council shall be, "Be it ordained by the Council of the City of Kodiak, Alaska"; and of all ordinances proposed by the voters under their power of initiative, "Be it ordained by the people of the City of Kodiak, Alaska". (CCK §2.2.3)

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2.04.040 Ordinances
; passage, when in effect. (a) A proposed ordinance shall be read by title or in full and a vote of a majority of all councilmembers shall be required for advancing to second reading. Before a vote on final passage, a proposed ordinance shall be read by title or in full, and a vote of a majority of all the councilmembers shall be required for its final passage.

    (b) The mayor shall have the power to veto ordinances and resolutions passed by the council; provided that such power is exercised at the meeting of the council at which the ordinance or resolution is finally passed. The mayor shall advise the council in writing no later than the beginning of the next regular meeting of the reasons for vetoing an ordinance or resolution. The council may finally pass an ordinance or resolution over the veto of the mayor at such meeting, whether or not the mayor submits reasons for the veto. An affirmative vote of five members of the council shall be required to pass an ordinance which has been vetoed by the mayor, and the vote shall be by yeas and nays and entered in the journal.

    (c) No ordinance except an emergency ordinance may be finally passed on the same day that it is introduced. Within ten days after its final passage without a veto or final passage over the veto of the mayor, as the case may be, every ordinance shall be published in full or by number and title with a brief summary. Emergency ordinances and ordinances making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon such final passage unless they specify a later time. All other ordinances shall go into effect one month after such final passage and publication, unless they specify a later date. (Ord. 1060 §1, 1998; CCK §2.2.4)

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2.04.050 Ordinances
; emergency. An emergency ordinance is an ordinance which, in the judgment of the council, is necessary for the immediate preservation of the public peace, health, or safety, and which should become effective before an ordinary ordinance would become effective. Every such ordinance shall contain as a part of its title the words, "and declaring an emergency," and in a separate section, herein called the emergency section, shall declare the emergency. An affirmative vote of at least five members of the council shall be required for the final passage of an emergency ordinance. (CCK §2.2.5)

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2.04.060 Adoption by reference
. The council, by ordinance, may adopt by reference codes, ordinances, standards, and regulations relating to matters which it has power to regulate otherwise. Such code, ordinance, standard, or regulation so adopted need not be enrolled in the book of ordinances; but a copy shall be filed and kept in the office of the city clerk. The city clerk shall keep copies of all such codes, ordinances, standards, and regulations in force for distribution or sale at their approximate cost. (CCK §2.2.6)

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2.04.070 Rules of order
. The most recent edition of Robert's Rules of Order Newly Revised shall govern all matters of parliamentary procedure unless otherwise specifically provided for in this chapter. (Ord. 1139 §1, 2002; Ord. 481 §1, 1977; CCK §2.2.7)

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2.04.080 Suspension of rules.  No standing rule or order of the council shall be rescinded or suspended except by a vote of five members of the council in the affirmative; nor shall the order of business established by the council be changed except by a like vote. (Ord. 1139 §2, 2002; CCK §2.2.8)

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2.04.090 Order of motions
. Unless otherwise provided in Robert’s Rules of Order Newly Revised, when a motion is under debate, a motion may be made to:
    fix the time to which to adjourn
    adjourn
    recess
    raise a question of privilege
    call for the orders of the day
    lay on the table
    previous question
    limit or extend limits of debate
    postpone to a certain time (or postpone definitely)
    commit (or refer)
    amend
    postpone indefinitely
The above motions are listed in order of rank, with the motion at the top taking precedence over the others and each of the remaining motions taking precedence over those below it. A main motion is in order only when no other motion is pending. Unless other conditions affecting admissibility exist, when one of the listed motions is immediately pending, any other motion appearing above it on the list is in order, any appearing below it on the list is out of order. (Ord. 1139 §3, 2002; CCK §2.2.9)

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2.04.100 Executive sessions.
(a) The council may, after convening as a public meeting, upon a majority vote of the body, determine to meet in an executive session to discuss any matter set forth in subsections (b) or (c) of this section. The motion calling for the executive session shall state the subjects to be discussed and no other matters may be considered at the executive session:
     (b) The following subjects may be discussed in an executive session:
        (1) Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the government unit;
        (2) Subjects that would tend to prejudice the reputation and character of any person; provided, however, the person may request a public discussion; or
        (3) Matters which by law, municipal charter, or ordinance are required to be kept confidential
    ( c) At the request of the city attorney, the city manager, or any member of the council, the council may vote to meet in executive session to discuss legal matters or receive legal advice from an attorney, including but not limited to pending or anticipated litigation, recommendations regarding proposed legal matters the disclosure or public discussion of which will or may tend to adversely affect the legal positions of the city. All discussions with the attorney of legal matters considered pursuant to this section shall be confidential.
    (d) No action may be taken at an executive session. (Ord. 505 §1, 1977)

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2.04.110 Order of business
. At all meetings of the council, the following regular order of business shall be observed:

    (a) Call to order

    (b) Roll call

    (c) Previous minutes

    (d) Persons to be heard

    (e) Unfinished business

    (f) New business

    (g) Staff reports
        1. City Manager
        2. City Clerk

    (h) Mayor's comments

    (i) Council comments

    (j) Audience comments

    (k) Adjournment

(Ord. 1202 §1, 2006; Ord. 579 §1, 1980)

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2.04.120 Agenda
. The agenda for each meeting of the city council shall be prepared by the city clerk after consultation with the city manager and the council. The agenda shall be distributed to each member of the council at least forty-eight hours prior to the meeting. (Ord. 1139 §4, 2002; Ord. 481 §4 (part), 1977)

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2.04.130 Motion;
amending amendments. A motion may be made to amend an amendment, but a motion to amend an amendment to an amendment shall not be entertained. (Ord. 481 §4 part), 1977)

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2.04.140 Motion to reconsider
. (a) When a vote has been taken either passing or defeating any proposition, and it is desired to reconsider the action taken, a councilmember who voted on the prevailing side shall move during that meeting for reconsideration with the vote on the reconsideration to be made at the same meeting or at the next succeeding meeting. No action may be taken to implement the position of the prevailing side of a proposition while a motion for reconsideration is pending. If the motion for reconsideration is passed, the proposition is again placed before the council for any action on the motion that would have been appropriate prior to the passage or defeat of the proposition.

    (b) The term "prevailing side" includes the negative side which has prevailed because the affirmative side failed to obtain the requisite number of votes required for passage of the proposition.

    (c) No measure may be reconsidered more than once. (Ord. 664, 1983; Ord. 481 §4 (part), 1977)

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2.04.150 Motion to rescind
. Any previous vote may be rescinded at any time by a vote of four members of the council, provided the subject matter has not passed out of the control of the council. (Ord. 481 §4 (part), 1977)

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CHAPTER 2.08 
 OFFICERS AND EMPLOYEES


For statutory provisions regarding the vesting of executive power in the mayor, see AS 29.20.220, and regarding prohibited discrimination, see AS 29.20.630; for charter provisions regarding city officers, see City Charter II-l -- II-2, II-4 -- II-6, II-8 ---  II-10, and III-1 -- III-3.


2.08.010 Council; members

2.08.020 Council; powers

2.08.025 Compensation of councilmembers

2.08.030 Mayor

2.08.034 Compensation of mayor

2.08.037 Expense reimbursement

2.08.040 Vacancies

2.08.050 City manager; appointment

2.08.060 City manager; powers and duties

2.08.070 City clerk; appointment

2.08.080 City clerk; powers and duties

2.08.090 Finance director

2.08.100 City attorney

2.08.110 Compensation

2.08.120 Bond requirements

2.08.130 Oath or affirmation of office; required

2.08.140 Oath or affirmation of office; administration

2.08.150 Repealed

2.08.160 Repealed

2.08.170 Composition of personnel board

2.08.180 Duties of personnel board



2.08.010 Council;
members. There shall be a council of six members as provided by article II of the city charter. (CCK §2.1.1)

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2.08.020 Council
; powers. The council shall have and may exercise all legislative powers not prohibited by law or by the city charter. It shall have all powers delegated to it by the city charter. (CCK §2.1.2)

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2.08.025 Compensation of councilmembers
. Each councilmember shall be compensated at the rate of two hundred dollars per month, to be paid on a monthly basis. (Ord. 1034 §1, 1996; Ord. 695 §1, 1983; Ord. 457 §1, 1976)

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2.08.030 Mayor
. There shall be a mayor, who shall preside at meetings of the council and shall certify the passage of all ordinances and resolutions passed by it. The mayor shall have no regular administrative duties, except that of signing such written obligations as the council may require. (CCK §2.1.3)

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2.08.034 Compensation of mayor
. The mayor shall be compensated at the rate of two hundred fifty dollars per month, to be paid on a monthly basis. (Ord. 1034 §2, 1996; Ord. 695 §2, 1983; Ord. 457 §2, 1976)

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2.08.037 Expense reimbursement
. The mayor and councilmembers who are required to travel outside of the city to attend meetings or perform other official duties on behalf of the city shall be reimbursed for their travel expenses at the same rate of per diem as city employees receive for each twenty-four hour period or portion thereof necessarily spent outside of Kodiak to perform these official duties. In addition, the mayor and each councilmember shall receive the sum of five hundred seventy-five dollars a year, to be paid in equal installments at the end of each calendar quarter, as reimbursement for incidental expenses incurred in the performance of their duties If requested, the mayor and each councilmember shall also receive a monthly sum to be determined by the city manager, as reimbursement for internet service fees. (Ord. 1259, 2009; Ord. 962, 1993; Ord. 457 §3, 1976)

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2.08.040 Vacancies
. The term of mayor or any councilmember may be terminated in accordance with article II, sections 8 and 9 of the city charter. In addition:

    (a) The council shall, by concurring vote of five of its members, declare the office of mayor vacant only when the person elected
        (1) Fails to qualify or take office within 30 days after election or appointment;

        (2) Unless excused by the council, is physically absent for 90 consecutive days;
        (3) Resigns and the resignation is accepted;
        (4) Is physically or mentally unable to perform the duties of the office;
        (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;
        (7) Is convicted of a violation of AS 15.13; or
        (8) No longer physically resides in the city.
    (b) The council shall declare a council position vacant when the person elected
        (1) Fails to qualify or take office within 30 days after election or appointment;
        (2) Unless excused by the council, is physically absent for 90 consecutive days;
        (3) Resigns and the resignation is accepted;
        (4) Is physically or mentally unable to perform the duties of office as determined by concurring vote of five councilmembers;
        (5) Is convicted of a felony or offense involving a violation of the oath of office;
        (6) Is convicted of a felony or misdemeanor described in AS 15.56 and five councilmembers concur in expelling the person elected;
        (7) Is convicted of a violation of AS 15.13; or
        (8) No longer physically resides in the city.
    (c) If a vacancy occurs in the office of mayor, the council shall, within 30 days, appoint a qualified person to fill the vacancy. The person appointed serves until the next regular election when a successor is elected to serve the balance of the term. If a member of the council is appointed mayor, the member appointed shall resign the seat on the council.
    (d) If a vacancy occurs in the office of councilmember, the remaining members shall, within 30 days, appoint a qualified person to fill the vacancy. A person appointed under this section serves until the next regular election, when a successor shall be elected to serve the balance of the term. However, if the number of vacancies is such that the council is reduced to fewer than the number required to constitute a quorum. the provisions of article II, section 10 of the city charter shall apply. (Ord. 801 §4, 1986; CCK §2.1.4)

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2.08.050 City manager;
appointment. There shall be a city manager, who shall be appointed by the council for an indefinite term by a vote of a majority of all its members. The city manager shall be chosen solely on the basis of executive and administrative qualifications. (CCK §2.1.5)

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2.08.060 City manager
; powers and duties. The city manager shall be chief administrative officer and head of the administrative branch of the city government. The city manager shall execute the laws and ordinances and administer the government of the city, and shall be responsible to the council. The city manager shall:

    (a) Appoint, and when deemed necessary for the good of the service, lay off, suspend, demote, or remove all directors, or heads of administrative departments and all other administrative officers and employees of the city except personnel in the department of law; provided that the city manager or the council by ordinance may delegate this power and duty to directors or heads of departments and other administrative officers and agencies, as regards their own subordinates;

    (b) Supervise and control all administrative departments, agencies, officers, and employees, appointed by the city manager or by agencies and officers subordinate to the manager;

    (c) Prepare a budget annually and submit it to the council, be responsible for the administration of the budget after it goes into effect, and recommend to the council any changes in the budget which he deems desirable;

    (d) Submit to the council a report as of the end of the fiscal year on the finances and administrative activities of the city for the preceding year;

    (e) Keep the council advised of the financial condition and future needs of the city and make recommendations on policy and other matters;

    (f) Monitor and administer the performance of all contracts for services for the construction of buildings, facilities, equipment, and other property for the city, including execution of change orders deemed to be necessary; provided that such change orders shall not exceed the project budget amount previously approved by the city council without prior authorization of the council unless the city manager determines issuance of the change order is required before a council meeting could be held to avoid defective or unwarranted work, project shutdown, incorrect shipment, reconciliation of quantities, or other defect that would unduly delay completion of the project, increase cost without benefit, or expose the city to additional liability for downtime or other similar claims; (See also §3.12.020)

    (g) Have such other powers, duties, and functions as the charter may prescribe, and such powers, duties, and functions consistent with the charter as the council may prescribe. (

Ord. 1146 §1, 2002; Ord. 892, 1991; Ord. 480 §1 and §2, 1976; CCK §2.1.4)

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2.08.070 City clerk. There shall be a city clerk, who shall be an officer of the city appointed by the council for an indefinite term. (CCK §2.1.7)

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2.08.080 City clerk;
powers and duties. The city clerk shall serve as clerical officer of the council. The city clerk shall keep the journal of the proceedings of the council, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it. The city clerk shall be custodian of the seal of the city, and shall attest and affix the seal to documents when required, in accordance with the charter, law, or ordinance; shall keep a correct and up-to-date record of the city boundaries and changes therein; and shall supervise municipal elections and such other elections as may be required by law or ordinance, including voter registration and records; provided that the council by ordinance may vest the supervision of elections in a board. (CCK §2.1.8)

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2.08.090 Finance director
. There shall be a finance director, or treasurer, who may also be city clerk, and who shall be an officer of the city appointed by the city manager for an indefinite term, and who shall be director, or head, of the finance department. Except as the council provides otherwise by ordinance, the finance director shall collect or receive revenue and other money for the city, shall be responsible for its custody, safekeeping, deposit, investment, and disbursement, in accordance with the charter and city ordinances, and shall maintain a general accounting system for the city government. When reference is made by law or otherwise to city treasurer, it means the finance director unless the council by ordinance creates a separate office of city treasurer within the finance department. (CCK §2.1.9)

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2.08.100 City attorney
. The city attorney shall be the legal advisor of the council. The city attorney shall draw all such ordinances or regulations as may be required by the council, and shall prosecute or defend under the direction of the council any and all actions brought in the courts, either by or against the city, including violations of city ordinances, as the council may direct, and perform such other duties in the line of the profession as the council shall order. (CCK §2.1.10)

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2.08.110 Compensation
. Compensation of city officers and employees shall be fixed by the council by ordinance; however, the compensation of the mayor and councilmembers shall be determined by a non-emergency or initiated ordinance and no increase in compensation shall become effective until after a regular city election has been held. (CCK §2.1.11)

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2.08.120 Bond requirements
. The city manager, the finance director, the city treasurer if separate from the finance director, and such other officers and employees as the council may designate, before entering upon their duties, shall be bonded, by individual and/or group bonds, for the faithful performance of their respective duties, payable to the city, in such form and in such amounts as the council may prescribe, with a surety company authorized to operate within the state. The city shall pay the premiums on such bonds. (CCK §2.1.12)

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2.08.130 Oath or affirmation of office
; required. All officers of the city and such employees as the council may designate, before entering upon the duties of their offices, shall take and subscribe to the oath or affirmation of office prescribed by the Alaska constitution, article XII, section 5. The oath or affirmation shall be filed and kept in the city clerk's office. (CCK §2.1.13;

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2.08.140 Oath or affirmation of office
; administration. All officers authorized by federal and state law, the mayor, the city clerk, the chairman of the personnel board, and such other officers as the council may authorize, may administer oaths and affirmation. (CCK §2.1.14)

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2.08.150 Personnel regulations
. Repealed by Ordinance Number 957, effective May 9, 1993.

Repealed §2.08.150 derived from Ord. 928 §1, 1991, and Ord. 472 §3, 1976.

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2.08.160 Composition of personnel board
. Repealed by Ordinance Number 928, effective December 26, 1991.

Repealed §2.08.160 derived from Ord. 632 §1, 1982.

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2.08.165 Ad-hoc panel for employee issues;
appointment when. (a) Should an employee grievance or any other matter requiring action by or a hearing before the personnel board arise or be filed at a time when, due to lack of qualified volunteers or for any other reason beyond the control of the council, no person is serving on the personnel board, then the council may appoint an ad-hoc panel of no more than five persons to hear such grievance or other matter and carry out the responsibilities of the personnel board with respect to it. The decision regarding whether to appoint a panel shall be within the council's sole discretion.

    (b) Should an employee grievance or any other matter requiring action by or a hearing before the personnel board arise or be filed at a time when, due to a lack of qualified volunteers or for any other reason beyond the control of the council, the personnel board consists of one or more persons but less than a quorum, then the council may appoint that number of other individuals which is sufficient to complete a quorum and those other individuals shall serve as ad-hoc members of the personnel board for purposes of that matter only.

    (c) Any person appointed by the council in accordance with this section 2.08.165 shall meet the minimum qualifications then applicable to permanent members of the personnel board. (Ord. 930, 1992)

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2.08.170 Composition of personnel board
. The city council shall appoint a personnel board consisting of three members serving for overlapping two-year terms, with terms commencing on January 1. Only persons who reside within the city shall be appointed. If any member ceases to reside within the city, that member shall thereupon cease to hold a position on the personnel board. The council shall fill vacancies in unexpired terms. (Ord. 1009 § 1, 2000; Ord. 929 §5, 1992)

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2.08.180 Duties of personnel board
. (a) At the time prescribed for the beginning of the term of a newly-appointed member, the board shall elect a chairman.

    (b) The personnel board shall meet as often as necessary to hear grievances filed by city employees.

    (c) Following the hearing of a grievance, the personnel board shall render an advisory opinion based on its findings to the city manager with a copy to the aggrieved employee. (Ord. 929 §5, 1992)
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CHAPTER 2.10
FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST


For statutory provisions governing conflict of interest, see AS 29.20.010.



2.10.010 Report of financial and business interests

2.10.020 Contents of statement

2.10.030 Modified requirements for professionals

2.10.040 Records, public

2.10.050 Refusal or failure to disclose

2.10.060 Conflicts of interest prohibited

2.10.065 Employment prohibited

2.10.070 Definitions



2.10.010 Report of financial and business interests
. (a) A candidate for elective municipal office shall file a statement under oath with the city clerk, at the time of filing a nominating petition and declaration of candidacy, specifying the candidate's business interests and income sources.

    (b) The city manager and any appointed mayor or councilmember shall file a statement under oath with the city clerk, within thirty days after appointment to office, specifying sources of business interests and income.

    (c) The city manager and each municipal officer shall file a similar statement of income sources and business interests with the city clerk not later than April 15 of each year that office is held. (Ord. 475 §1 (part), 1976)

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2.10.020 Contents of statement
. (a) The statement filed by a municipal officer or candidate under this chapter shall be an accurate representation of the financial affairs of the business interests and sources of income for the officer's or candidate's spouse, dependent children, and non-dependent children residing with the officer or candidate, to the extent those sources of income or business interests are ascertainable by the officer or candidate. An asset or liability under $500, household goods, and personal effects need not be identified.

    (b) The statement filed shall include the following information relating to the municipal officer or candidate and the officer's or candidate's spouse, dependent children, and nondependent children residing with the officer or candidate:

(1) The source of all income of one thousand dollars or more received as dividends or interest;

(2) The source of all other income over five thousand dollars, including capital gains received during the preceding calendar year;

(3) The name and address of each business entity owned or in which an interest was held during the preceding calendar year, including a statement of the nature of the interest owned or held;

(4) The name and address of each business in which the municipal officer or candidate is an officer, director, manager, or employee during the preceding calendar year;

(5) A description of each interest in real property and a statement of the nature of the interest owned;

(6) Each loan, loan guarantee, or other indebtedness of five thousand dollars or more, including the identity of the maker of the loan and each creditor and the nature and terms of the transaction;

(7) A list of all contracts, bids, or offers to contract with the city during the preceding year, including those made through a proprietorship, partnership, or corporation in which the officer or candidate or a member of their family, or a combination of them, hold a controlling interest; and

(8) A list of each mineral, timber, oil, or other natural resource lease held, or lease offer made during the preceding calendar year, including those held or made by a partnership or professional corporation, or a corporation in which the officer or candidate or the officer's or candidate's spouse or children, or a combination of them, hold a controlling interest.

    (c) The statement shall be filed on a form prescribed by the city clerk. (Ord. 1060 §2, 1998; Ord. 475 §1 (part), 1976)

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2.10.030 Modified requirements for professionals
. Notwithstanding other provisions of this chapter, medical and psychiatric doctors, attorneys, and psychologists are not required to disclose as sources of income the names of individual patients or clients who receive professional services normally considered to be confidential. This exemption shall not apply to the identity of any corporation or other business entity having a contract with the professional producing income of five thousand dollars or more for services to its members or a defined group, nor to the identity of clients receiving services that do not fall within the candidate's or official's field of professional expertise. (Ord. 475 §1 (part), 1976)

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2.10.040 Records, public
. All statements required to be filed by this chapter are public records. (Ord. 475 §1 (part), 1976)

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2.10.050 Refusal or failure to disclose
. (a) If a candidate fails or refuses to file the statement required by section 2.10.010, the candidate's filing and any accompanying fees shall be refused or, if previously accepted, shall be returned and the candidate's name shall be withheld or removed from the filing records of candidates.

    (b) A person failing or refusing to comply with the requirements of this chapter shall forfeit the nomination and shall not be seated or sworn to the office for which this person is a candidate.

    (c) A person who refuses or knowingly fails to make a required disclosure of information as provided in this chapter or who files a statement containing false or misleading information knowing it to be false or misleading shall, upon conviction, be punished by a fine of not more than three hundred dollars. plus any surcharge required to be imposed by AS 29.25.072. (Ord. 1081, §4, 1998; Ord. 475 §1 (part), 1976)

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2.10.060 Conflicts of interest prohibited
. (a) A municipal officer, appointed official, or employee may not solicit or receive money for advice or assistance given in the course of the officer's or employee's employment or relating to that employment.

    (b) A municipal officer, appointed official, or employee may not represent a client before the city council for a fee, except employee members of the unions pursuant to labor agreements.

    (c) A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision, or judgment in a particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before the municipal officer, appointed official, or employee, or with the understanding or agreement that the officer or employee will, in official capacity, act in a particular manner to produce or prevent a particular result.

    (d) No member of the governing body may vote on any question in which the member has a direct or indirect substantial financial interest. Direct or indirect financial interest shall be disclosed to the presiding officer prior to the vote on the question, for a ruling on a request from the member with the financial interest to be excused from the vote. The decision of the presiding officer on a request by a member of the governing body to be excused from a vote may be overridden by the majority vote of the council. If there are not at least four councilmembers in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four councilmembers qualified to vote on the matter are in attendance.

    (e) A municipal employee or official, other than a member of the governing body, may not participate in an official action in which the employee or official has a substantial financial interest. (Ord. 792 §1 and §2, 1986; Ord. 576, 1980; Ord. 475 §1 (part), 1976)

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2.10.065 Employment prohibited
. Neither the Mayor nor any member of the Council may be employed by the City in any capacity within a twelve month period immediately following the term of that individual. (Ord. 1011, 1995)

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2.10.070 Definitions
. As used in this chapter, the following definitions shall apply:

    (a) "Municipal officer" means the mayor, the city manager, and city council-members.

    (b) "Source of income" means an employer or other person or entity paying compensation, dividends, or interest, directly or indirectly, for services, products, or investments. If the income being reported is derived from employment by a sole proprietorship, partnership, or corporation in which the reporting person, the spouse or children, or a combination of them hold a controlling interest, that proprietorship, partnership, or corporation may be designated as the source of income without specifying clients or customers if the business is one that is normally conducted on a cash basis and typically does not keep records of individual customers. In all other cases, the clients or customers of the proprietorship, partnership, or corporation shall be listed as sources of income of the person whose income is being reported, whose spouse, children, or a combination of them hold a controlling interest. (Ord. 475 §1 (part), 1977)
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CHAPTER 2.12
 FIRE DEPARTMENT



2.12.010 Officers

2.12.020 Chief; appointment; qualifications

2.12.030 Chief; accountable to manager

2.12.040 Shift supervisors

2.12.050 Chief; general responsibility

2.12.060 Chief; responsibility for companies

2.12.070 Chief and/or shift supervisors; drills and instruction

2.12.080 Chief; arson suppression

2.12.090 Notice to abate fire hazard; compliance required

2.12.100 Chief; fire records

2.12.110 Chief; monthly reports to manager

2.12.120 Chief; annual report to manager

2.12.130 Employment; qualifications

2.12.140 Employment; suspension; discharge

2.12.150 Equipment; generally

2.12.160 Equipment; purchase procedure

2.12.170 Equipment; storage

2.12.180 Equipment; alarm

2.12.190 Equipment; unauthorized use

2.12.200 Equipment; permission required for use

2.12.210 Fire protection agreements with nearby communities

2.12.220 Equipment; assignment for use outside city

2.12.230 Badge

2.12.240 Vehicle; right-of-way

2.12.250 Vehicle; insignia required

2.12.260 Vehicle; driving over fire hose

2.12.270 Vehicle; parking restrictions

2.12.280 Vehicle; following apparatus

2.12.290 False alarms

2.12.300 Repealed

2.12.310 Membership; police powers

2.12.320 Duties of police personnel

2.12.330 Repealed

2.12.340 Repealed



2.12.010 Officers
. The department shall consist of a chief, a fire marshal/deputy chief, three shift supervisors, and other officers as the chief and city manager may deem necessary for the effective operation of the department. (Ord. 295 §4, 1983; Ord. 347 §1(1), 1971)
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2.12.020 Chief
; appointment; qualifications. The chief shall be appointed by the city manager for an indefinite period of time, and the chief's tenure of office shall depend upon good conduct and efficiency. The chief shall be technically qualified by training and experience and have ability to command persons and hold their respect and confidence. The chief shall be removed only for just cause and in accordance with city personnel regulations. (Ord. 347 §1(2), 1971)
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2.12.030 Chief; accountable to manager. The chief shall be held accountable to the city manager only, and shall make written and verbal reports thereto as the manager may require. All other department and company officers shall be accountable to the chief only. (Ord. 347 §1(3), 1971)
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2.12.040 Shift supervisors
. The shift supervisors and all other department and company officers shall be appointed by the chief. Such officers shall be accountable only to the chief, and subject to removal by the chief. (Ord. 695 §5, 1983; Ord. 347 §1(4), 1971)
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2.12.050 Chief
; general responsibility. The chief shall formulate a set of rules and regulations to govern the department, and shall be responsible to the city manager for the personnel, morale, and general efficiency of the department. (Ord. 347 §2(1), 1971)
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2.12.060 Chief
; responsibility for companies. The chief shall determine the number and kind of companies of which the department is to be composed and shall determine the response of such companies to alarms. (Ord. 347 §2(2), 1971)
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2.12.070 Chief and/or shift supervisors
; drills and instruction. The chief and/or shift supervisors shall conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, study of buildings in the city, fire prevention, water supplies, and all other matters generally considered essential to good firemanship and safety of life and property from fire. (Ord. 695 §6, 1983; Ord. 347 §2(3), 1971)
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2.12.080 Chief
; arson suppression. The chief is required to assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin, and circumstances of all fires. (Ord. 347 §2(4), 1971)

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2.12.090 Notice to abate fire hazard; compliance required. Any person served with a notice to abate any fire hazard or hazards, shall comply therewith and promptly notify the chief. (Ord. 347 §2(6), 1971)
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2.12.100 Chief
; fire records. The chief shall see that complete records are kept of all fires, inspections, apparatus and minor equipment, personnel, and other information about the work of the department. (Ord. 347 §2(7), 1971)
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2.12.110 Chief
; monthly reports to manager. The chief shall report monthly to the city manager the condition of the apparatus and equipment; the number of fires during the month, their location and cause, and date of same, and loss occasioned thereby; the number and purpose of all other runs made; and the number of members responding to each fire or other run, and any changes in membership. (Ord. 347 §2(8), 1971)
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2.12.120 Chief
; annual report to manager. The chief shall make a complete annual report to the city manager within one month after the close of the fiscal year, such report to include the information specified in section 2.12.100, together with comparative data for previous years and recommendations for improving the effectiveness of the department. (Ord. 347 §2(9), 1971)
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2.12.130 Employment
; qualifications. The emergency personnel of the department shall consist of such able-bodied persons as may be hired by the chief. Anyone accepting regular employment with the department shall establish residency within 5.5 road miles of the fire station within 180 days following the date of hire and shall maintain telephone service within the individual's residence. Determination of whether candidates for employment are able-bodied shall be made by the chief after a physical examination has been made in a manner prescribed by the chief and approved by the city manager. (Ord. 1032, 1996; Ord. 704 §1, 1983; Ord. 347 §3(1), 1971)
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2.12.140 Employment
; suspension; discharge. Any member of the department may be suspended or discharged from the department by the chief at any time the chief may deem such action necessary for the good of the department. On written request of such member to the city manager the member shall be given a hearing in accordance with city personnel regulations on the charges brought by the chief. (Ord. 347 §3(2), 1971)

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2.12.150 Equipment
; generally. The department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. (Ord. 347 §4(1), 1971)
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2.12.160 Equipment
; purchase procedure. Recommendations of apparatus and equipment needed shall be made by the chief, and after approval by the city manager shall be purchased in such manner as may be designated by the city manager. (Ord. 347 §4(2), 1971)
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2.12.170 Equipment; storage. All equipment of the department shall be safely and conveniently housed in such places as may be designated by the city manager. Such places shall be heated during the winter season. (Ord. 347 §4(3), 1971)
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2.12.180 Equipment
; alarm. Suitable arrangement or equipment shall be provided for citizens to turn in an alarm, and for notifying all members of the department so that they may promptly respond. (Ord. 347 §4(4), 1971)
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2.12.190 Equipment
; unauthorized use. (a) No person shall use any fire apparatus or equipment for any private purpose without first obtaining written authorization on a form approved by the chief.

    (b) No person shall use any fire hydrant without first obtaining written authorization on a form approved by the chief.

    (c) Fees or charges for use of the department's fire apparatus or equipment, including fire hydrants, shall be established by resolution or motion of the city council. (Ord. 980, 1993; Ord. 347 §4(5), 1971)
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2.12.200 Equipment
; permission required for use. No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the department unless accompanied by, or having the special permission of, an officer or authorized member of the department. (Ord. 347 §4(6), 1971)
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2.12.210 Fire protection agreements with nearby communities
. The city of Kodiak is authorized to enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations to provide the members of such community organizations with fire protection or to establish a mutual aid system. (Ord. 347 §4(7), 1971)
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2.12.220 Equipment
; assignment for use outside city. No apparatus shall be hired out or permitted to leave the city, except in response to a call for aid at a fire in a neighboring community without the consent of the chief. The officer in charge of the department shall have power to assign equipment for response to calls for outside aid in accordance with section 2.12.210, and in other cases only when the absence of such equipment will not jeopardize protection in this fire district area. (Ord. 347 §4(8), 1971)
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2.12.230 Badge
. Each member of the department shall be issued a badge designating his rank. (Ord. 347 §5(1), 1971)
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2.12.240 Vehicle
; right-of-way. All fire department motor equipment and all personal cars of department members showing a flashing blue light shall have right-of-way over all other traffic when responding to an alarm. (Ord. 347 §5(2), 1971)
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2.12.250 Vehicle
; insignia required. Each member of the department driving a car shall be issued a suitable insignia to be attached to the car. (Ord. 347 §5(3), 1971)
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2.12.260 Vehicle
; driving over fire hose. No person shall drive any vehicle over fire hose except upon specific orders from the chief or other officer in charge where the hose is used. (Ord. 347 §5(4), 1971)
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2.12.270 Vehicle
; parking restrictions. No person shall park any vehicle or otherwise cause any obstruction to be placed within twenty-five feet of the entrance to any fire station or other place where fire apparatus is stored, or within ten feet of any fire hydrant or cistern. (Ord. 347 §5(5), 1971)
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2.12.280 Vehicle
; following apparatus. No unauthorized person with any vehicle shall follow within five hundred feet of any apparatus belonging to the department, nor park any vehicle within three hundred feet of a fire. (Ord. 695 §7, 1983; Ord. 347 §5(6), 1971)
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2.12.290 False alarms
. No person shall maliciously turn in or cause to be turned in a false alarm. (Ord. 347 §5(7), 1971)
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2.12.300 Violation
; penalty. Repealed by Ordinance Number 695, effective October 8, 1983. Repealed section 2.12.300 derived from Ordinance Number 347 §6(1), 1971.
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2.12.310 Membership
; police powers. All regularly appointed members of the department are given the necessary special police powers for the purpose of enforcing the provisions of this chapter. (Ord. 347 §6(2), 1971)
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2.12.320 Duties of police personnel
. It is made the special duty of the chief of police and/or other peace officers who may be on duty and available for fire duty, to respond to all fire alarms and assist the department in the protection of life and property, in regulating traffic, maintaining order, and in enforcing observance of all sections of this chapter. (Ord. 347 §6(3), 1971)
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2.12.330 Social officers
; selection. Repealed by Ordinance Number 695, effective October 8, 1983. Repealed section 2.12.330 derived from Ordinance Number 347 §7(1), 1971.
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2.12.340 Social officers
; functions and duties. Repealed by Ordinance Number 695, 1983.

Repealed section 2.12.340 derived from Ordinance Number 347 §7(2), 1971.
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CHAPTER 2.14
 
  POLICE DEPARTMENT



2.14.010 Duties of department

2.14.020 Chief; appointment; duties

2.14.030 Regulations
2.14.040 Near Island Location Prohibited


2.14.010 Duties of department
. The police department shall enforce the criminal laws of the state and city, and otherwise administer functions relating to the protection of life and property. Police officers shall prevent crime, pursue and apprehend offenders, conduct criminal investigations, gather evidence, serve arrest warrants, search warrants and other legal process issued by courts of the state, and perform such other duties as are prescribed by law or directed by the city manager. (Ord. 677 §1, 1983)
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2.14.020 Chief
; appointment; duties. The chief shall be appointed by the city manager for an indefinite period of time, and the chief's tenure of office shall depend upon good conduct and efficiency. The chief shall be technically qualified by training and experience and have the ability to command persons and hold their respect and confidence. The chief shall be removed only for just cause and in accordance with city personnel regulations. (Ord. 1109 § 2, 2000; Ord. 677 §1, 1983)
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2.14.030 Regulations
. The chief of police shall adopt rules and regulations relating to conduct and standards of police officers, subject to approval by the city manager, and shall administer those regulations within the department. (Ord. 677 §1, 1983)
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2.14.040 Near Island Location Prohibited.
No police headquarters building, jail, or other facility for the incarceration or holding of prisoners shall be located on Near Island. (Ord. 1228 §1, 2007; election held October 2, 2007; passage ratified October 25, 2007)
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CHAPTER 2.16  
ELECTIONS  VOTING REGULATIONS


For statutory provisions regarding voter qualifications, see AS 29.26.050; for charter provisions concerning voting regulations, see City Charter X-4 and X-7.



2.16.010 Qualified voters

2.16.020 Absentee voting

2.16.030 Applications to city clerk by mail or by electronic transmission 

2.16.040 Date for application by mail or by electronic transmission

2.16.050 Date for application in person

2.16.060 Absentee voting in person 

2.16.065 Special needs voting

2.16.070 Provision of absentee ballot in response to application by mail or by electronic transmission

2.16.080 Notation of ballot number and date of application

2.16.090 Repealed

2.16.100  Supplies for election; duty of city clerk; official services free

2.16.110 Preparation of ballots, envelopes, and other material

2.16.120 Absentee ballot received by mail--voting at clerk's office

2.16.130 Absentee voting by mail

2.16.140 Time for receipt by city clerk of mailed absentee ballots


2.16.010 Qualified voters
.  A person may vote in a city election only if the person: (a) is qualified to vote in state elections under AS 15.05.010
    (b) has been a resident of the city for 30 days immediately preceding the election
    (c) is registered to vote in state elections at a residence address within the city at least 30 days before the city election at which the person seeks to vote;
    (d) is not disqualified under Article V, §2 of the state constitution. (Ord. 1131 §1, 2001; Ord. 424 §2, 1974; Ord. 378 §1, 1972; CCK §3.1.1)

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2.16.020 Absentee voting
. Any qualified voter may vote an absentee ballot for any reason. (Ord. 1131 §1, 2001; CCK §3.4.1 (part))

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2.16.030 Application to city clerk by mail or by electronic transmission
. A qualified voter may apply by mail or by electronic by transmission for an absentee ballot to the city clerk. The application shall include the applicant’s name and signature, present mailing address, and full local Kodiak resident address. (Ord. 1131 §1, 2001; CCK §3.4.1 (part))

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2.16.040 Date for application by mail or by electronic transmission
. An application submitted by mail or by electronic transmission must be received in the city clerk's office not more than six months before the election and not less than seven days before the election. (Ord. 1131 §1, 2001; Ord. 1060, §3, 1998; Ord. 827 §1, 1988; Ord. 756 §1, 1985; CCK §3.4.1 (part))

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2.16.050 Date for application in person
.  A qualified voter may apply for an absentee ballot in person on any date after the ballots are prepared and available, up to and including the day before the election. (Ord. 1131 §1, 2001; Ord. 827 §2, 1988; Ord. 808 §1, 1986; CCK §3.4.1 (part))

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2.16.060 Absentee voting in person
. Upon receipt of an application in person for an absentee ballot and exhibition of proof of identification, the absentee voting official shall issue the ballot. On receipt of an absentee ballot in person, the voter shall mark the ballot in secret, place the ballot in the secrecy sleeve, place the secrecy sleeve in the envelope provided, and sign the voter's certificate on the back of the envelope in the presence of the absentee voting official who shall sign as attesting official and date that signature. The official shall then accept the ballot. (Ord. 1131 §1, 2001; Ord. 1020 §1, 1996; CCK §3.4.1 (part))

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2.16.065 Special needs voting
. (a) A qualified voter who is unable to go to a polling place to vote because of a disability, may vote a special needs ballot.
    (b) The voter may, through a representative, request a special needs ballot from the city clerk, or the city clerk's duly authorized representative, on any date after the ballots are prepared and available, up to and including election day.
    (c) If the request for a special needs ballot is made through a representative, the representative shall sign a register provided by the city clerk or the city clerk's duly authorized representative. The register must include the following information:
        (1) the representative’s name
        (2) the representative’s residence and mailing address
        (3) the representative’s social security number, voter number, or date of birth
        (4) the name of the voter on whose behalf the representative is requesting a ballot and voting materials
        (5) an oath that the representative:
            (A) is receiving a ballot and voting materials on behalf of the voter
            (B) will not vote the ballot for the voter
            (C) will not coerce the voter
            (D) will not divulge the vote cast by the voter
            (E) has been notified that unlawful interference with voting is punishable under AS 15.56.030
        (6) the representative’s signature
    (d) The representative shall deliver the special needs ballot and other voting materials to the voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in the secrecy sleeve, and place the secrecy sleeve in the envelope provided. The voter shall provide the information on the envelope that would be required for absentee voting if the voter voted in person. The voter shall sign the voter’s certificate in the presence of the representative. The representative shall sign as attesting official and date the voter’s signature.
    (e) The representative shall deliver the ballot and voter certificate to the city clerk or the city clerk's duly authorized representative not later than 4:30 p.m. on election day.
    (f) If a qualified voter’s disability precludes the voter from performing any of the requirements of (d) of this section, the representative may perform those requirements, except making the voting decision, on the voter’s behalf.
    (g) The voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union may not act as a representative for the voter. A candidate for office at an election may not act as a representative for a voter in that election.] (Ord. 1131 §1, 2001; Ord. 1020 §2, 1996)

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2.16.070 Provision of absentee ballot in response to application by mail or electronic transmission
. (a) In response to each timely application by mail or electronic transmission for an absentee ballot that contains the information specified in KCC 2.16.030, the city clerk, or the city clerk's duly authorized representative, shall promptly upon receiving the printed ballots, mail the official ballot, a secrecy sleeve, and an identification envelope addressed to the city clerk for returning the voted absentee ballot, to the applicant by first class mail. (Ord. 1131 §1, 2001; Ord. 1020 §3, 1996; Ord. 756 §2, 1985; Ord. 378 §3, 1972; CCK §3.4.1 (part))

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2.16.080 Notation of ballot number and date of application
. Upon delivering or mailing an absent voter's ballot, the city clerk shall enter on the application of the absent voter, or on the absent voter's affidavit or registration, the number of and the date of delivering or mailing the ballot. (Ord. 1020 §4, 1996; CCK §3.4.2)

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2.16.090 Return of absentee to precinct on election date
; voting; surrender of absentee ballot. Repealed by Ordinance Number 1020, effective February 10, 1996.

Repealed §2.16.090 derived from CCK §3.4.3.

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2.16.100 Supplies for election
; duty of city clerk; official services free. All supplies mentioned in this chapter that are necessary for the use of the voters in preparing and returning their ballots shall be prepared and furnished by the city clerk, or the city clerk's duly authorized representative. No official of this city may charge for services rendered to any voter under the provisions of this chapter. (Ord. 1131 §1, 2001; CCK §3.4.4)

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2.16.110 Preparation of ballots, envelopes, and other material
. The city clerk, or the city clerk's duly authorized representative, shall provide ballots for use as absentee and special needs ballots, a secrecy sleeve in which the voter shall initially place the marked ballot, and an envelope with the prescribed voter's certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The city clerk shall prescribe the form of the voter's certificate, envelopes, and other material used in absentee and special needs voting. The voter's certificate shall include a declaration, for use when required, that the voter is a qualified voter in all respects, a blank for the voter’s residence address for the 30 days immediately preceding the election, a blank for the voter's signature, a certification that the affiant properly executed the marking of the ballot and gave the voter's identity, blanks for the attesting official or witnesses, and a place for recording the date the envelope was sealed and witnessed. (Ord. 1166 §1, 2004; Ord. 1131 §1, 2001; Ord. 1020 §6, 1996; CCK §3.4.5)

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2.16.120 Absentee ballot received by mail -- 
voting at clerk's office. A voter who has received an absentee ballot by mail may, on any date prior to the day of the election for which the ballot is to be voted, appear at the office of the city clerk and vote in the following manner: 
    (a) The voter shall first display the ballot to the city clerk, or the city clerk's duly authorized representative, as evidence that it is not marked and shall then proceed in the presence of the city clerk to mark the ballot in secret. The voter shall then place the ballot in the secrecy sleeve and place the secrecy sleeve in the envelope provided.
    (b) The voter shall then sign the voter’s certificate on the envelope, date the signature, and deliver the envelope properly sealed to the officer before whom the ballot is marked.
    (c) The officer shall then accept the ballot envelope and deposit it in a safe place in the office to be kept by the officer and delivered to the canvassing board. (Ord. 1131 §1, 2001; CCK §3.4.6)

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2.16.130 Absentee voting by mail
. (a) A voter who receives an absentee ballot by mail shall, in the presence of a notary public or other person qualified to administer oaths, mark the ballot in secret, place the ballot in the secrecy sleeve, place the secrecy sleeve in the envelope provided, and sign the voter's certificate on the back of the envelope. The notary public or other person qualified to administer oaths shall sign as attesting official and shall date the signature. If a notary public or other person qualified to administer oaths is not reasonably accessible to the voter, the voter shall mark the ballot in secret in the presence of two persons over the age of eighteen years and such persons shall witness and attest the sealing and signing of the envelope containing the ballot.
    (b) An absentee ballot must be marked and attested on or before the date of the election. A voter who returns the ballot by mail shall use a mail service at least equal to first class and mail the ballot not later than the day of the election. If the ballot is postmarked, it must be postmarked on or before election day. After the day of the election, no ballot shall be accepted unless received by mail. (Ord. 1131 §1, 2001; Ord. 1020 §7, 1996; CCK §3.4.7)

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2.16.140 Time for receipt by city clerk of mailed absentee ballots
. All absentee ballots cast by mail must be received by the city clerk, or the city clerk's duly authorized representative, no later than 5 p.m. on the day that is seven (7) calendar days after the date of the election. Ballot envelopes received after that time shall not be opened but shall be marked "invalid," with the date of receipt noted thereon, and shall be preserved with the voted ballots. (Ord. 1131 §1, 2001; CCK §3.4.8)
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CHAPTER 2.20
ELECTIONS  CANDIDATES


For statutory provisions regarding qualifications for office, see AS 29.20.140; stipulating the term of office, see AS 29.20.150; and regarding nominations for a municipal office, see AS 29.26.020.



2.20.010 Qualifications for municipal office

2.20.020 Petition required

2.20.030 Person filing petition must be known

2.20.040 Time for withdrawing candidacy

2.20.050 Checking sufficiency of petition; new petition

2.20.060 Election of mayor and council

2.20.070 Election pamphlet



2.20.010 Qualifications for municipal office
. No person shall hold any elective office, or be eligible to seek election thereto, unless the person, at the time of the election or choice to fill a vacancy, meets the qualifications set forth in Article II, Section 1, of the Kodiak City Charter and is a qualified voter of the city. (Ord 1055, 1997; election held October 7, 1997; ratified October 23, 1997; Ord. 424 §1, 1974; CCK §3.2.1)

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2.20.020 Petition required
. Nominations for elective office shall be by petition only and signed by ten qualified electors. These electors shall be designated as the sponsors. No elector shall sign more than one petition (except as to councilmember in which case as many petitions may be signed as there are vacancies for the positions of councilmember), and should an elector do so, the elector's signature shall be void except as to the petition first filed. With each signature shall be stated the place of residence of the signer, giving the street and number, or lot and city block, or other description sufficient to identify it. Nominating petitions shall be provided by the city clerk no later than the filing period opens. Completed nominating petitions shall be filed with the city clerk from August 1 through August 15, 4:30 p.m. Should August 15 fall on a Saturday or Sunday, candidates shall have until 4:30 p.m. on the first Monday following to file their petition. Petitions shall be in substantially the following form:

NOMINATING PETITION AND DECLARATION OF CANDIDACY FOR MAYOR OR COUNCILMEMBER

We, the undersigned ten (10) electors of the City of Kodiak, Alaska, hereby nominate and sponsor __________, whose residence is _________ for the office of __________, to be voted for at the election to be held on the _____day of______, 20___; and we individually certify that we are qualified to vote for an elective municipal office, and that we have not signed any other nominating petition for the particular office this candidate seeks, except in case of councilmember, where we understand that we can sign as many petitions as there are vacancies for the position of councilmember.

 

name street or lot and block date

(Spaces for a minimum of ten (10) signatures.)

DECLARATION OF CANDIDACY

I, ___________, declare that I reside at ________, in the City of Kodiak, Alaska; that I will have been a resident of the City of Kodiak for at least one (1) year immediately preceding the time of this election; that I am a citizen of the United States; and ____ years of age at the time of election; a qualified voter of the City of Kodiak; I declare myself a candidate for the office of ________ for a term of ___ years, commencing ______ and ending ______; and request that my name be printed on the official ballot for the municipal election to be held in the City of Kodiak, Alaska, on the ___ day of ________, in the year _______; that this declaration of candidacy is made pursuant to the Charter of the City of Kodiak, Section X-3.

State of Alaska

Third Judicial District

SUBSCRIBED AND SWORN to before me this _____ day of ________ , in the year _______.


Signature of Candidate

 

NOTARY PUBLIC FOR ALASKA

My commission expires: ______

Date and hour of filing: _____________

This petition is filed by ______________ whose address is _________________________.

 

Received by _______________________

City Clerk

(Ord. 1285 §1, 2011; Ord.1131 §2, 2001; Ord 1055, 1997; election held October 7, 1997; ratified October 23, 1997; Ord. 827 §3, 1988; Ord. 808 §2, 1986; Ord. 412 §1, 1973; CCK §3.2.2)

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2.20.030 Person filing petition must be known
. The city clerk shall take and preserve the name and address of the person by whom each nominating petition is filed. (CCK §3.2.2)

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2.20.040 Time for withdrawing candidacy
. Any candidate may withdraw the candidate's nomination not later than the last day for filing nominating petitions by filing a written notice of withdrawal with the city clerk. (CCK §3.2.4)

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2.20.050 Checking sufficiency of petition;
new petition. Within three days after the filing of a nominating petition, the city  clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, a new or supplemental petition may be filed for the same candidate. The petition of each candidate nominated to elective office shall be preserved by the city clerk until the expiration of the term of office for which the candidate was nominated. (CCK §3.2.5)

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2.20.060 Election of mayor and council
. Two councilmembers shall be elected for a three year term, two councilmembers shall be elected for a two year term, and two councilmembers shall be elected for a one year term. As the terms of office of the councilmembers expire, their successors shall be elected so that two councilmembers shall be elected annually. The mayor shall be elected by direct vote for a two year term, holding office until the term has expired and a successor is elected and qualified. (CCK §3.2.6)

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2.20.070 Election pamphlet
. (a) Before each election, the city clerk shall prepare, publish, and mail an election pamphlet to every registered voter household. 
    (b) Each election pamphlet shall contain:
        (1) A map of the election precincts within the city of Kodiak;
        (2) Sample ballots;
        (3) An absentee ballot application

        (4) The full text of each ballot measure submitted to the voters by initiative or referendum petition or by the council, including the ballot title and summary as it will appear on the ballot;

        (5) The full text of the ballot measure specifying the charter or code provisions proposed to be affected, including the ballot title and summary as it will appear on the ballot, and including the summary of the proposition prepared by the city clerk;

        (6) For each bond question, a statement of the scope of each project as it appears in the bond ordinance; and

        (7) Additional information on voting procedures that the city clerk considers necessary.
    (c) At the discretion of the city clerk, the election pamphlet may be incorporated with the election pamphlet prepared for a Kodiak Island Borough election that is to be held on the same day as the city election. (Ord. 1131 §2, 2001; Ord. 1076, §1, 1998; Ord. 974, 1993; Ord. 754 §1, 1985)
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CHAPTER 2.22
INITIATIVE, REFERENDUM, and RECALL


For statutory provisions relating to initiative and referendum petitions in home-rule cities, see AS 29.26.030.



2.22.010 Initiative and referendum; application and sponsors

2.22.020 Initiative and referendum; petition

2.22.030 Initiative and referendum; signatures

2.22.240 Initiative and referendum; election, vote required, effect

2.22.250 Recall


2.22.010 Initiative and referendum;
application and sponsors. An initiative or a referendum may be proposed by filing an application with the city clerk containing the ordinance initiated or sought to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petition may be sent. An application shall be signed by at least 10 qualified voters who will sponsor the petition. An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks, the clerk shall certify the application if the clerk finds that it is in the proper form and, for an initiative petition, that the matter:
        (1) is not restricted by Section 1of Article XI of the City Charter or by other state or federal law;
        (2) includes only a single subject;
        (3) relates to a legislative rather than to an administrative matter; and
        (4) would be enforceable as a matter of law.
A decision by the clerk is subject to judicial review. (Ord. 1097, 1999)

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2.22.020 Initiative and referendum
; petition (a) Within two weeks after certification by the clerk of an application for an initiative or referendum petition, a petition shall be prepared by the city clerk. Each copy of the petition shall contain:
        (1) a copy of the ordinance sought to be initiated or referred and, if desired due to complexity of the full ordinance, a summary of the ordinance;
        (2) the date on which the petition is issued by the city clerk;
        (3) notice that the signatures must be secured within 35 days after the date the petition is issued;
        (4) spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing address of each signer; and
        (5) a statement, with space for the sponsor's sworn signature and date of signing, that the sponsor personally circulated the petition, that all the signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be.
    (b) If the petition consists of more than one page, each page shall contain the copy or summary of the ordinance sought to be initiated or referred.
    (c) The city clerk shall notify the contact person in writing when the petition is available. The contact person is responsible for notifying sponsors. Copies of the petition shall be provided by the clerk to each sponsor who appears in the clerk's office and requests a copy of the petition, and the clerk shall mail a copy of the petition to each sponsor who requests that a copy of the petition be mailed. (Ord. 1097, 1999)

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2.22.030 Initiative and referendum; signatures.
(a) The signatures on an initiative or referendum petition shall be secured and the petition filed with the city clerk within 35 days after the clerk issues the petition. All copies of an initiative or referendum petition shall be assembled and filed together as a single instrument.
    (b) An initiative or referendum petition must be signed by a number of qualified city voters equal to at least 25 percent of the number of qualified votes cast at the last regular city election held before the date written notice is given to the contact person that the petition is available.
        (1) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence address shall be rejected. Signatures that do not make a clear distinction between persons with the same or similar names, either by the signature itself, the printed name, or the address, shall be rejected.

        (2) A signature may be withdrawn by the signer upon written application to the clerk prior to the certification of the petition.
    (c) Within 14 days after the date the petition is filed, the city clerk shall certify on the petition whether it is sufficient or not. If the petition is not sufficient, the clerk shall identify the insufficiency and notify the contact person by certified mail.
        (1) A petition that is insufficient may be supplemented with additional signatures secured and filed as a single instrument with the city clerk within 14 days after the date on which the notice of insufficiency is mailed to the contact person.
        (2) Within 14 days after supplemental signatures are filed, the city clerk shall certify on the petition whether it is sufficient as supplemented or not.
    (d) A petition that is insufficient and is not supplemented to sufficiency shall be rejected and filed as a public record.
    (e) If the city clerk rejects an initiative or referendum petition, a signer of the petition may file a protest with the mayor within 7 days after the certification. The mayor shall present the protest at the next regular meeting of the city council, which shall hear and decide the protest.
    (f) Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However, a new petition on substantially the same matter may not be filed sooner than six months after a petition is rejected as insufficient. (Ord. 1097, 1999)

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2.22.240 Initiative and referendum
; election, vote required, effect. (a) Unless obviated by action of the city council pursuant to sub-section (b) of this section, the matter sought to be initiated or referred by a sufficient initiative or referendum petition shall be submitted to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60 days after the certification of the petition. If no election is scheduled to occur within 75 days after certification of the petition and the council determines it is in the best interest of the city, the council may hold a special election on the matter before the next election that is already scheduled, but not sooner than 60 days after certification of the petition.

    (b) If the city council, prior to the election, adopts substantially the same measure sought to be initiated, or repeals the ordinance sought to be referred, the petition is void and the matter shall not be placed before the voters.

    (c) An ordinance initiated by this process shall be published in full in the notice of the election, but may be summarized on the ballot to indicate clearly the proposal submitted.

    (d) If a referendum petition is certified before the effective date of the ordinance to be referred, the ordinance shall be suspended pending the referendum vote. During the period of suspension, the council may not enact an ordinance substantially similar to the suspended measure.

    (e) The effect of an affirmative vote on an initiative or referendum question shall be as prescribed by City Charter. If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than one year after the election. (Ord. 1267, 2010; Ord. 1253, 2009; Ord. 1097, 1999)

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2.22.250 Recall.
All persons holding elective office of the City, including persons chosen to fill vacancies in such offices, shall be subject to recall from office as provided in City Charter and Alaska Statutes 29.26.240 -- 29.26.360. (Ord. 1131 §3, 2001; Ord. 1097, 1999)
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CHAPTER 2.24
ELECTIONS PROCEDURES


For statutory provisions authorizing cities to prescribe the general rules for conducting principal elections, see AS 29.26.010; and regarding notice of elections, see AS 29.26.030.



2.24.010 Registration

2.24.020 Time of general election

2.24.030 Notice of general election

2.24.040 Special elections

2.24.050 Contents of notice

2.24.060 Time for opening and closing polls

2.24.070 Appointment of judges and clerks of election

2.24.080 Precincts and polling places

2.24.090 Oath of election officials

2.24.100 Printing of ballots

2.24.110 Form of ballot

2.24.120 Printing and delivery of ballots

2.24.130 Instructions for voters and election officials

2.24.140 Specimen ballots

2.24.150 Voting booths

2.24.160 Voting procedures

2.24.165 Questioned votes

2.24.170 Defective or challenged ballots

2.24.180 Rules for rejecting ambiguous ballots

2.24.190 Counting ballots

2.24.200 Tally

2.24.210 Preservation of ballots

2.24.220 Certificate of judges and clerks

2.24.225 Counting of punch-card ballots by computer

2.24.230 Election materials



2.24.010 Registration
. (a) The city clerk, or the city clerk's duly authorized representative, shall obtain from the state of Alaska, division of elections, an official voter registration list which shall be signed by every qualified voter at the polls prior to voting and which shall state the voter's full name and residence address.
    (b) An election official in a precinct shall allow a voter on the official voter registration list to vote in the precinct unless the voter is questioned in accordance with section 2.24.165.
    (c) If a voter’s name does not appear on the official voter register list in the precinct in which the voter seeks to vote, the election official shall affirmatively advise the voter that the voter may cast a questioned ballot, and the voter shall sign the questioned register and shall be allowed to vote a questioned ballot. (Ord. 1166 §2, 2004; Ord. 1131 §4, 2001; Ord. 756 §3, 1985; CCK §3.3.1)

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2.24.020 Time of general election
. Annually, on the first Tuesday of October, a general election shall be held in the city for the election of municipal offices which are to become vacant and for the determination of such other matters as may regularly be placed on the ballot. (Ord. 1131 §4, 2001; CCK §3.3.2))

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2.24.030 Notice of general election
. The city clerk shall have published a notice of election in a newspaper of general circulation in the city once a week for four consecutive weeks preceding the annual general election. The first publication shall occur not less than thirty days prior to the date on which the general election will be held. (Ord. 1131 §4, 2001; CCK §3.3.3)

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2.24.040 Special elections
. Special elections may be ordered by the council upon appropriate resolution of that body made in accordance with the law. Preclearance shall be obtained from the Department of Justice prior to holding a special election, as required by the Federal Voting Rights Act. (Ord. 1131 §4, 2001; CCK §3.3.4 )

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2.24.050 Contents of notice
. Notice of election prescribed by the provisions of this chapter shall state:

    (a) The date of election;

    (b) The time of opening and closing the polling place;

    (c) The location of precinct polling place and a description of the voting precinct by boundary;

    (d) The qualifications of voters and the manner, time, method, and place of registration;

    (e) The manner of nominating candidates if candidates are to be elected;

    (f) The type of election; i.e., general or special; and

    (g) The offices to be filled or propositions to be submitted to the electors. (CCK §3.3.5)

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2.24.060 Time for opening and closing polls
. (a) On the day of any election, the city clerk shall require each election board to open the polls for voting at seven o'clock in the morning, shall close the polls for voting at eight o'clock in the evening, and shall keep the polls open during the time between these hours.

    (b) The election board members shall report to the polling place one-half hour before the polls are to open on election day. (Ord. 756 §4, 1985; CCK §3.3.6)

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2.24.070 Appointment of judges and clerks of election
. Before each election, the council shall appoint qualified city electors as judges and clerks for each city precinct. If any judge or clerk so appointed fails or refuses to serve or attend at the time and place appointed, the election officers present, with approval of the city clerk, shall choose a qualified elector to serve in the absentee's place. (Ord. 949 §1, 1993; CCK §3.3.7)

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2.24.080 Precincts and polling places
. The precincts established by the state and set forth in the Alaska Administrative Code shall be the precincts for elections. The clerk, or the clerk’s duly authorized representative, shall secure a polling place for each precinct for each election. Whenever practicable, the polling place shall be located within the precinct. Preclearance shall be obtained from the Department of Justice prior to changing the location of any polling place, as required by the Federal Voting Rights Act. (Ord. 1131 §4, 2001; CCK §3.3.8)

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2.24.090 Oath of election officials
. The election workers appointed under KCC 2.24.070 shall take or subscribe to the following oath, which shall be reduced to writing: 
    "I, ____________, will honestly, faithfully, and promptly perform the duties of an election board worker according to law, and will make every effort to prevent the violation of law in conducting the election. (Ord. 1131 §4, 2001; CCK §3.3.9)

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2.24.100 Printing of ballots
. At all municipal elections to be hereafter held, the printing and distributing of ballots and  instructions to voters shall be paid for by the city, and shall be printed under the direction of the city clerk. (CCK §3.3.10)

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2.24.110 Form of ballots
. (a) The names of all candidates to be voted for shall be printed on one ballot. Preceding the list of candidates for each office, there shall be placed the words: "Vote for not more than one" or such other number as are to be elected to the office in question, as the case may be. Following the list of candidates for each office, a number of blank lines equal to the number of candidates to be elected to the office shall be provided for write-in candidates. Ballot measures, if any, may be placed on the same ballot as the list of candidates, there being space available. Should there be more candidates and/or ballot measures than can be printed on one ballot, additional ballots shall be printed as needed.

    (b) On the back or outside of the ballots, so as to be clearly visible when folded, shall be printed the words: "OFFICIAL BALLOT", date of the election, and a facsimile signature of the city clerk who has caused them to be printed. The ballots shall be of plain white paper through which printing or writing cannot be read. The names of candidates shall be printed in capital letters, not less than one-eighth of an inch, nor more than one-fourth of an inch in height, and at the end of each line in which the name of a candidate is printed a square shall be printed, the side of which shall not be less than one-fourth of an inch in length. Ballots shall be numbered consecutively. Should there be more candidates and/or measures than can be printed on one ballot, ballots shall be printed in sets with each set numbered consecutively. Candidates' names shall be arranged alphabetically and their positions rotated in the manner prescribed by state law for state general elections.

    (c) In the event punch-card ballots, electronic ballot scanning systems, or other automated election procedures are used, the form defined in subsection (b) of this section shall be ignored and the form specified for State of Alaska election ballots shall be adopted.

(Ord. 1166 §3, 2004; Ord. 1076, §2, 1998; Ord. 754 §2, 1985; CCK §3.3.11)

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2.24.120 Printing and delivery of ballots
. For all elections to which chapters 2.16--2.28 apply, the city clerk, or the city clerk's duly authorized representative, shall have charge of the printing of the ballots and shall deliver them to the election judges and clerks preceding the opening of the polls on election day. Ballots shall be printed and in the possession of the city clerk, or the city clerk's duly authorized representative, at least fifteen days before the election. At that time the ballots may be inspected by any candidate whose name is on the ballot and any mistake discovered shall be corrected immediately. (Ord. 827 §4, 1988; CCK §3.3.12)

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2.24.130 Instructions for voters and election officials
. The city clerk shall publish full instructions for the guidance of voters as to how to obtain the ballots, as to the manner of marking them, and the method of obtaining information, and as to procuring new ballots in place of any destroyed or spoiled, and the city clerk shall cause such instructions to be printed in large clear type on cards, and the clerk shall furnish to the election judges a sufficient number of such cards of instruction to enable the election judges and clerks to comply with the provisions of this chapter. (CCK §3.3.13)

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2.24.140 Specimen ballots
. The city clerk shall also have printed a number of colored specimen ballots which shall be delivered to the judges and clerks of election. (CCK §3.3.14)

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2.24.150 Voting booths
. It shall be the duty of the city clerk, or the city clerk's duly authorized representative, to cause to be erected in the polling place a sufficient number of booths, which shall be supplied with such supplies and conveniences necessary to enable the voter to mark the ballot for voting and in which the voter may prepare the ballot screened from observation. The ballot boxes shall be within plain view of the election officers and voters and persons within the polling place, outside of the booths; each of the booths shall have two sides enclosed. The expense of providing booths and other things required to be furnished by this chapter shall be paid in the same manner as other election expenses. (Ord. 1131 §4, 2001; CCK §3.3.15)

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2.24.160 Voting procedure
. (a) Before being allowed to vote, any person desiring to vote shall exhibit to an election official identification as required under AS 15.15.225 and sign the poll registration list. The judges shall give the voter one and only one ballot of each type. Upon receipt of the ballot, the voter shall forthwith retire alone to the voting booth provided, and vote the ballot, by marking (or punching, in the case of a punch-card ballot) in the appropriate place opposite the name of the candidate of the person's choice or by marking (or punching) in the appropriate place opposite the measure reflecting the person's position; providing, however, that such voter shall not vote for more than the proper number of candidates for each office to be elected thereto. Before leaving the voting booth, the voter shall fold the ballot in such a manner as to show and display the number thereon, except if the ballot be a punch card or optical scan, in which case the ballot is to be placed in the secrecy sleeve provided. The voter shall then tear off the printed ballot number, if provided, and deposit the ballot in the ballot box.
    (b) The voter shall mark the ballot without undue delay. No person shall take any ballots from the polling place before the closing of the polls. Any voter who shall, through accident or mistake, mutilate or spoil the ballot given, shall upon returning same to the judges, receive another ballot, up to a maximum of three. Any voter who, by reason of physical disability, is unable to mark the ballot, shall be assisted by a person of the voter’s choice, or upon request, be assisted in marking the ballot by an election judge. No person who assists a voter under this subsection may divulge any information about the voted ballot. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall receive assistance in marking the ballot. (Ord 1166 §4, 2004; Ord. 1131 §4, 2001; Ord. 754 §3, 1985; CCK §3.3.16)

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2.24.165 Questioned votes. (a) Every election official shall question, and any other qualified voter may question, a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified under AS 29.26.050(a). All questions regarding a person’s qualifications to vote shall be made in writing setting out the reason the person has been questioned. A questioned person shall, before voting, subscribe to a declaration in a form provided by the city clerk attesting to the fact that in each particular, the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election, and certifying that the person understands that a false statement on the declaration may subject the person to prosecution for a misdemeanor. After the questioned person has executed the declaration, the person may vote. If the questioned person refuses to execute the declaration, the person may not vote.
    (b) A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for other voters. The voter shall insert the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the statement the voter previously signed is located. The envelope shall be sealed and deposited in the ballot box. When the ballot box is opened, the envelopes shall be segregated, counted, compared to the voting list, and delivered to the city clerk who will deliver the questioned ballots to the canvass board. The merits of the question shall be determined by the canvass board in accordance with the procedure prescribed for questioned votes in section 2.28.010. (Ord. 1166 §5, 2004)

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2.24.170 Defective or challenged ballots
. If the voter marks more than the proper number of candidates for any office, or if for any reason, it is impossible to tell the voter's choice for any office to be filled, the ballot shall not be counted for such office. No ballot without the official number thereon shall be permitted to be deposited in the ballot box, and none but ballots complying with the provisions of this chapter shall be counted. Ballots not counted shall be marked "Defective" on the back thereof; and signed by the judges, stating why the ballot was not counted, and all defective ballots shall be enclosed in an envelope and so marked as to distinguish the contents. All ballots not voted, and all ballots spoiled by voters, shall be returned by the election judges to the city clerk, or the city clerk’s duly authorized representative, and they shall be kept for one year. (Ord. 1131 §4, 2001; CCK §3.3.17)

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2.24.180 Rules for rejecting ambiguous ballots
. No ballot shall be rejected if the judges can determine from an inspection of the ballot whom the voter intended to vote for and the office designated. (Ord. 1131 §4, 2001; CCK §3.3.18)

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2.24.190 Counting ballots
. As soon as the poll is finally closed, the judges shall open the boxes containing the ballots cast, remove the ballots, open them and read aloud the name of each person for whom a vote is cast. When the same have been counted and the results ascertained, the number of ballots shall be checked against the number of names in the poll registration book. In no case shall a ballot box be removed from the room in which any election shall be held, until all the ballots have been finally counted. (CCK §3.3.19)

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2.24.200 Tally
. The judges shall write down each office to be filled, and the name of each person to be voted for, for such office; and they shall keep the number of votes by tallies as they are read aloud. The counting of votes shall be continued without interruption or adjournment until all are counted. (CCK §3.3.20)

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2.24.210 Preservation of ballots
. It shall be the duty of the judges after all the ballots have been counted to place them in a sealed envelope, to write thereon: "Ballots of the Municipal Election of the City of Kodiak, held this day of , 19 " and to deliver the sealed envelope to the city clerk, who shall keep the envelope unopened for one year, to be used only as evidence in case of contest when called for; and at the end of which time it shall be the duty of the city clerk to burn the ballots and make and keep a memorandum in writing of these facts. (Ord. 424 §3, 1974; CCK §3.3.21)

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2.24.220 Certificate of judges and clerks
. As soon as all the votes are read off and counted, a certificate shall be drawn upon each of the papers containing the tallies, or attached thereto, stating the number of votes each person voted for has received and designating the office for which the candidate was voted. This certificate shall be signed by the election judges and clerks, and the certificate, with the tallies or tally papers, oath of judges, and other papers shall be sealed in an envelope by the judges and endorsed "election returns" and be delivered to the city clerk, together with the poll registration list. (Ord. 378 §2, 1972; CCK §3.3.22)

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2.24.225 Counting of ballots by computer
. Notwithstanding the provisions of sections 2.24.160 - 2.24.220, ballots designed for counting by automated equipment approved or provided by the State of Alaska shall be counted, tallied, preserved, and certified under the direction of the city clerk who shall observe the procedures outlined in Alaska Statute for the counting of such ballots, in all pertinent aspects. (Ord. 1131 §4, 2001; Ord. 1076, §3, 1998; Ord. 754 §4, 1985)

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2.24.230 Election materials
. It shall be the duty of the city clerk, or the city clerk's duly authorized representative, to pick up all election materials (e.g., ballots, tallies, certificates, etc.) from the election judges and clerks immediately following the conclusion of their duties. (CCK §3.3.23)
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CHAPTER 2.28
ELECTIONS; RETURNS


For charter provisions regarding canvassing returns, see City Charter X-10.



2.28.010 Canvass

2.28.015 Certificate of election

2.28.020 Contests

2.28.030 Investigation of contest

2.28.040 Cost of recount

2.28.050 Prohibited practices discovered

2.28.060 Repealed

2.28.070 Certificate of election

2.28.080 Oath and affirmation



2.28.010 Canvass
. (a) Before each election, the council shall appoint at least three persons, who shall constitute the election canvass board for that election. All members of the election canvass board shall appear before the city clerk and shall take or subscribe to the oath in section 2.24.090, which shall be reduced to writing and filed with the city clerk.

    (b) When the period for receipt of absentee ballots has expired, or as soon as is practicable, the election canvass board shall meet in public session and canvass all election returns. The canvass may be postponed for cause from day to day, but there shall be no more than three such postponements.

    (c) The canvass of the ballot vote counted by precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's certificate of results. All obvious errors found by the election canvass board in the transfer of totals from the precinct tally sheets to the precinct certificate of returns shall be corrected in the canvass board certificate of election returns and reported to the council as having been corrected. In the event election day ballots are counted by computer, the election canvass board shall review the computer count and compare it to the tallies from the election night hand count team. Any discrepancy between the totals shall be corrected in the canvass board certificate of election returns and reported to the council as having been corrected.

    (d) The election canvass board shall judge the validity of absentee, special needs, and questioned ballots; shall open and tally those accepted; and shall compile the total votes cast in the election according to the following procedure. No ballot shall be counted if the voter has failed to provide all of the information required in the voter’s certificate, properly execute the oath and affidavit or enclose the marked ballot inside the secrecy sleeve provided, or if the witness or the officer or other person authorized by law to administer the oath fails to affix his signature, except that an absentee ballot cast in person and accepted by an absentee voting official may be counted despite failure of the absentee voting official to properly sign and date the voter’s certificate as attesting official. The clerk or a member of the election canvass board may challenge the qualifications of an absentee or special needs voter when read from the voter's certificate on the back of the large envelope, if there is good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise voted at the same election.
    (e) Upon completion of the canvass, the canvassing board shall prepare a certificate of the results of votes cast by absentee and questioned voters and by regular ballot, and shall prepare and submit a written report of said result to the council. (Ord. 1166 §6, 2004; Ord. 1147, 2002; Ord. 1131 §5, 2001; Ord. 1076, §4, 1998; Ord. 949 §2, 1993; Ord. 626 §1, 1981; CCK §3.5.1)

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2.28.015 Certificate of the election
. At the next regular council meeting following completion of the canvass, the council shall receive the report of the canvass board. If after considering said report, the council determines that the election was validly held, and if no contest be initiated under the provisions of this chapter, or if such contest be held and determined, the election shall be certified and entered upon the records of the minutes of such meeting. The record thereof shall show:

    (a) The number of votes cast in such election;

    (b) The names of the persons voted for and the propositions voted upon at such election;

    (c) The offices voted for; and

    (d) The number of votes cast for each candidate and for and against each ballot measure voted upon at such election. (Ord. 949 §3, 1993)

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2.28.020 Contests
. Notice of contest of an election shall be submitted in writing to the clerk before 5 p.m. on the day of the certification of the election or to the council at its meeting to certify the election. The notice of contest shall specify the election being contested, the grounds of the contest, and shall bear the notarized signatures of the candidate or qualified voters bringing the contest. The notice shall be in substantially the following form:

NOTICE OF ELECTION CONTEST

The undersigned believes that the following prohibited practices occurred at the election held on ________. The undersigned states that the following persons violated ________ in the manner following:

 

(Signature of person contesting)

Subscribed and sworn to before me this _____ day of _________, ______

 

 

Notary Public for Alaska

(Ord. 756 §5, 1985; CCK §3.5.2)

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2.28.030 Investigation of contest
. Upon receiving such notice of contest, the council shall order an investigation to be made by the city clerk, city manager, and/or city attorney. The contestant, the person or persons whose election is contested, and the public shall be allowed to attend all investigation proceedings which shall be conducted publicly. (CCK §3.5.3)

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2.28.040 Cost of recount
. The contestant shall pay all costs and expenses incurred in any recount of an election demanded by the contestant if the recount fails to reverse any result of the election or the difference between the winning and a losing vote on the result contested is more than two percent. (Ord. 695 §9, 1983; CCK §3.5.4)

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2.28.050 Prohibited practices discovered
. If, as a result of the investigation, the charges alleged by the contestant are sustained, the votes cast involving prohibited practices shall be struck from the election returns and a recount made without counting such illegal votes. The results of such recount shall be reported forthwith to the council. (CCK §3.5.5)

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2.28.060 Canvass of general and special elections
. Repealed by Ordinance Number 949, effective January 9, 1993.

Repealed §2.28.060 derived from Ord. 756 §6, 1985; CCK §3.5.6.

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2.28.070 Certificate of election
. The council shall authorize the city clerk to make out and deliver to every person receiving a plurality of votes, a certificate of election, signed by the city clerk and mayor, and authenticated by the corporate seal of the city. (Ord. 378 §4, 1972; CCK §3.5.7)

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2.28.080 Oath and affirmation
. All officers elected, before entering on the duties of office, shall take and subscribe the following oath and affirmation:

"I,_________, do solemnly swear (or affirm) that I will support the Constitution and laws of the United States, the laws of the state of Alaska, the ordinances of the City of Kodiak, and that I will faithfully and honestly perform the duties of _______, so help me God." (CCK §3.5.8)


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CHAPTER 2.32  EMERGENCY SERVICES


For statutory provisions regarding emergency services or civil defense, see AS 26.20.Repeal of former chapter 2.32.COrdinance Number 702, effective December 10, 1983, repealed former chapter 2.32 and enacted new chapter 2.32 in lieu of the repealed provisions. Former chapter 2.32 derived from CCK §5.17.1C5.17.9 and Ord. 407 §2 (part), 1973.



2.32.010 Purpose

2.32.020 Definitions

2.32.030 Emergency services council

2.32.040 Emergency services director 

2.32.050 Emergency services coordinator

2.32.060 Expenditures

2.32.070 Violations



2.32.010 Purpose
. The declared purpose of this chapter is to provide for the preparation and implementation of plans for emergency services for persons and property within the city of Kodiak and the Kodiak Island borough in the event of a disaster and to provide an organization for the coordination of emergency services functions with all public agencies, affected private persons, corporations, and organizations. (Ord. 702 (part), 1983)

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2.32.020 Definitions
. For the purposes of this chapter, the following definitions shall apply:

    (a) "Assembly" means that elected body of representatives known as the Kodiak Island borough assembly.

    (b) "Borough" means the Kodiak Island borough and its geographic area.

    (c) "Borough Manager" means the person appointed by the Kodiak Island Borough Assembly to the administrative position of borough manager.

    (d) "Borough Mayor" means the person elected to the position of mayor of the Kodiak Island borough or the person designated as acting mayor.

    (e) "City" means the city of Kodiak and its geographic area.

    (f) "City Council" means that elected body of representatives known as the city of Kodiak city council.

    (g) "City Manager" means the person appointed by the city council to the administrative position of city manager or the person designated as acting city manager.

    (h) "City Mayor" means the person elected to the position of mayor of the city of Kodiak or the person designated as acting mayor.

    (i) "Council" means the emergency services council.

    (j) "Director" means the emergency services director who shall be the city of Kodiak city manager or the designated successor to the emergency services director as outlined in section 2.32.040; and who shall serve as the chairperson of the emergency services council and shall exercise the powers and responsibilities outlined in section 2.32.040.

    (k) "Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, tsunami, earthquake, volcanic eruption, riot, or other similar public calamity.

    (1) "Emergency Services" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are responsible, to prevent, minimize, and repair injury and damage resulting from disasters.

    (m) "Emergency services council" means that group of people empowered to develop disaster emergency response policies and to exercise the authorities enumerated in section 2.32.030.

    (n) "Emergency services organization" means those officers and employees of the city and the borough, together with officers and employees of other local, state, and federal government agencies and volunteers from public and private organizations who participate in emergency planning and preparedness exercises, meetings, and activities in the Kodiak Island Borough and the city of Kodiak. 
    (o) "Emergency services coordinator" means the person who serves as chairperson of the emergency services organization and the local emergency planning committee, exercises the powers and responsibilities outlined in Section 2.32.050, and who shall be the city of Kodiak Fire Chief.

    (p) "Local emergency planning committee" means the group established in compliance with Title III of the Superfund Amendments and Reauthorization Act of 1986 (the Emergency Planning and Community Right-to-Know Act) that serves the functions outlined in the federal act, state statue and in section 2.32.050.

    (q) "Emergency operations plan" means the Kodiak emergency operations plan, which is the regional emergency preparedness and response plan adopted by the emergency services council to guide emergency preparedness, mitigation, response, and recovery in the city of Kodiak and the Kodiak Island Borough.

    (r) "Incident management team" means the Kodiak incident management team, which is that group of local government officers and employees, emergency response personnel, state and federal agency representatives and all other persons organized under an incident command system to achieve stated incident objectives utilizing the incident command system management functions to respond to incidents in the city and borough.

    (s) "Incident command system (ICS)" means a system which provides incident management through the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure to effectively accomplish stated objectives pertaining to an incident.

    (t) "Incident" means an occurrence or event, either human-caused or natural phenomena, that requires action by emergency services personnel to prevent or minimize loss of life or damage to property and/or natural resources.

(Ord. 1121 §1, 2000; Ord. 872 §1, 1989; Ord. 752 §1, §2, & §3, 1985; Ord. 702 (part), 1983)

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2.32.030 Emergency services council
. (a) Membership. The emergency services council is created and shall consist of the city of Kodiak mayor and manager, the Kodiak Island borough mayor and manager, the commanding officer of the United States Coast Guard Integrated Support Command Kodiak, the commanding officer of the United States Coast Guard Air Station Kodiak, and the post supervisor of the Alaska State Troopers "C" detachment post in Kodiak, or their designees.

    (b) Officers. The emergency services director shall serve as chair of the emergency services council. The council shall select vice-chair from its membership.
    (c) Powers. The emergency services council shall have the following powers:
        (1) To proclaim the existence of a local disaster upon the recommendation of the emergency services director;
        (2) To adopt mutual aid plans and agreements necessary for the provision of coordinated disaster emergency services; 
        (3)  To approve emergency service response plans including the Kodiak Emergency Operations Plan, plan annexes, and any significant revisions thereto; and
        (4) To issue policy guidance to the incident commander and/or unified command during an emergency response incident where the Kodiak incident management team is activated.
    (d) Duties. It shall be the duty of the emergency services council to review and recommend for the adoption by the city council and the borough assembly, ordinances and resolutions necessary for the implementation of disaster emergency services plans and agreements.
    (e) Meetings. The emergency services council shall meet upon call of the chairman or, in the absence of the chairman, upon the call of the vice-chairman.
    (f) Bylaws. The emergency services council shall adopt bylaws for the conduct of its meetings. (Ord. 872 §2, 1989; Ord. 752 §4, 1985; Ord. 702 (part), 1983)

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2.32.040 Emergency Services Director
. (a) There is created the office of the emergency services director. The emergency services director shall be the city of Kodiak city manager. The director is empowered:
        (1) To request the emergency services council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the council can be readily convened, or to issue such proclamation if the council cannot be readily convened, subject to confirmation by the council at the earliest practicable time;
        (2) To request the governor to proclaim a state of extreme emergency when, in the opinion of the director, the resources of the area or region are inadequate to cope with the disaster;
        (3) To serve as the designated chairperson of the emergency services council with the full authority to convene the council at the director’s discretion;
        (4) To facilitate coordination and cooperation between divisions, services, and staff of the Kodiak incident management team, and to resolve questions of authority and responsibility that may arise between them;
        (5) To represent the emergency services council in all dealings with public or private agencies pertaining to emergency services and disaster;
        (6) To prepare and maintain plans for disaster emergency services;
        (7) To organize and maintain an operational disaster emergency services response capability, including the scheduling of drills and exercises in accordance with local emergency preparedness plans and policies; and
        (8) To serve as Incident Commander in the Kodiak Incident Management Team, or the Local On-Scene Coordinator in the Unified Command when the size, scale, or severity of an incident is such that other qualified Incident Commander personnel are not available or appropriate to fill the IC/LOSC position.
    (b) In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emergency by the governor or the state director of emergency preparedness, the director is empowered:
        (1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the emergency services council;
        (2) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city and borough for the fair value thereof, and if required immediately, to commandeer such privately-owned material as may be needed for public use;
        (3) To require emergency service of any city or borough officer or employee and, in the event of the proclamation of a state of extreme emergency by the governor, to command the aid of as many citizens as the director thinks necessary in the execution of the director's duties. Such persons shall be entitled to all privileges benefits, and immunities as are provided by state law for registered emergency services volunteers;
        (4) To requisition necessary personnel or material of any city or borough or agency; and
        (5) To execute all ordinary powers as emergency services director; all of the special powers conferred by this chapter or by resolution adopted pursuant thereto; all powers conferred by any statute or agreement approved by the city council or borough assembly, or by any other lawful authority; to exercise all police power vested in the city and borough by the constitution and general laws.
    (c) In the event that the emergency services director is unavailable or unable to function in the capacity described above, all powers and authorities described herein are transferred to the emergency services coordinator. (Ord. 1121 §3, 2000; Ord. 702 (part), 1983)

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2.32.050  Emergency services coordinator.

    (a) There is created the office of the emergency services coordinator. The emergency services coordinator shall be the city of Kodiak Fire Chief and shall act as administrator of the Emergency Services Organization and Local Emergency Planning Committee. The coordinator has the following responsibilities:

        (1) to organize and lead quarterly Emergency Services Organization/Local Emergency Planning Committee meetings, to call for additional meetings as needed or directed by the emergency services director, and to maintain all historical records associated with the ESO/LEPC;
        (2) to ensure that all drills and exercises are performed as specified in the Kodiak emergency operations plan or as directed by the emergency services director; and
        (3) to coordinate and oversee periodic emergency preparedness training for Kodiak Incident Management Team personnel, including ICS training.
    (b) The coordinator is hereby empowered:
        (1) to control and direct the efforts of the emergency services organization for the accomplishment of the purposes of emergency services and disaster preparedness.
        (2) to represent the Emergency Services Organization/Local Emergency Planning Committee in all dealings with public or private agencies pertaining to emergency services and disaster.
        (3) to organize disaster emergency services response drills and exercises in cooperation with the emergency services director and in accordance with the requirements identified in the Kodiak Emergency Operations Plan, and to maintain accurate records of all such drills and exercises.
        (4) to fill the position of Incident Commander, with all requisite duties and responsibilities, in the Kodiak incident management team, or to serve as deputy incident commander when the director assumes the position of incident commander.
    (c) The coordinator is the designated successor to the emergency services director and shall assume all authorities, powers, and responsibilities granted to the director in section 2.32.040 if the director is unavailable or unable to fulfill these responsibilities during a disaster emergency. (Ord. 1121 §4, 2000; Ord. 702 (part), 1983)

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2.32.060 
Expenditures. Cities are responsible for authorized emergency services expenses incurred within their jurisdiction, and the Kodiak Island Borough is responsible for authorized emergency services expenses incurred outside of city jurisdiction, unless otherwise provided for by each governing body. (Ord. 1121 §5, 2000; Ord. 702 (part), 1983)
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2.32.070 Violations.
It is a misdemeanor for any person during a disaster to: (a) Willfully obstruct, hinder, or delay any member of the emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed by virtue of this chapter;
     (b) To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of the city or borough, or to prevent, hinder, or delay the defense or protection thereof; and
    (c) To wear, carry, or display without authority any means of identification specified by the emergency services agency of the state. (Ord. 1121 §6, 2000)
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CHAPTER 2.36
MANAGEMENT OF RECORDS


For the resolution adopting the retention schedule, see Resolution Number 07-19.



2.36.010 Definition of City records

2.36.020 Ownership of City records

2.36.030 City record management roles and responsibilities

2.36.040 Disposition of City records

2.36.050 Annual records management report to the Council

2.36.060 Access to public records

2.26.070 Administration of access to public records



2.36.010 Definition of City records.
(a) City records include any document, paper, book, letter, drawing, map, plat, photo, photographic file, motion picture film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, electronic record, or other document of any other material, regardless of physical form or characteristic, developed or received under law or in connection with the transaction of official business and preserved or appropriate for preservation by the city, as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the city or because of the informational value in them.
(b) City records do not include, and this chapter does not apply to, library and museum material developed or acquired and preserved solely for reference, historical, or exhibition purposes, Kodiak Public Library Association materials, those items identified as reference materials by the city clerk, or stocks of publications and processed documents.
(c) Elected officials’ correspondence not received at City Hall is excluded from the provisions of this chapter. (Ord. 1219 §1, 2007)

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2.36.020 Ownership of City records
. All city records defined in section 2.36.010 (a) are the sole property of the city. No city official or employee has, by virtue of his or her position, any personal or property right to city records.
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2.36.030 City Record Management Roles and Responsibilities.
(a) Accountability. The overall accountability for the city’s records management program lies with the city clerk.
(b) Responsibilities.
    (1) City Council:
        (i) Approve all city records retention schedules and any amendments thereto.
        (ii) Endorse the records management framework. The records management framework includes guiding principles   and directives, policies and procedures, standards and best practices, core competencies, the training program, and the strategic plan.
    (2) City Manager:
        (i) Ensure that all departments comply with the records management framework.
    (3) City Clerk:
        (i) Approve all changes to the records management framework.
        (ii) Approve all records disposition requests based on records retention schedules approved by the city council.
        (iii) Appraise and identify records of enduring value, i.e. historical records, during the preparation and submission of records retention schedules.
        (iv) Assess compliance of city departments with the records management framework and report the status of the records management program to the city council annually.
        (v) Identify the city’s vital records and develop and implement related policies and procedures.
        (vi) Plan and allocate central storage facilities for the city’s inactive records (i.e. city records center).
        (vii) Develop and implement policies, standards, and procedures for the transfer of archival/historical records during the final records disposition process from individual departments to the city clerk’s custody.
    (4) Department Heads:
        (i) Implement and ensure compliance with the records management program within the department according to the city’ standards, policies, and best practices as outlined in the records management framework.
        (ii) Designate a departmental records management coordinator who shall represent the department on the city’s records management advisory committee.
    (5) City Employees and Contracted Agents:
        (i) Create, capture and organize records of transactions undertaken in business processes according to the city’s best practices and procedures.

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2.36.040 Disposition of City records. (a) Record retention program.
    (1) The city clerk shall prepare a record retention program and record retention schedule of records specifying the records to be:
        (i) Retained permanently.
        (ii) Destroyed.
        (iii) Microfilmed or electronically scanned and imaged according to industry standards to ensure their legal admissibility.
    (2) The records retention schedule shall be adopted by resolution.
(b) Disposal.
    (1) The city clerk shall approve all records disposition requests based on the current records retention schedule approved by the city council.
    (2) The city clerk or the city clerk's designee shall witness and certify the disposal of city records by means determined to be appropriate by the city clerk. 
    (3) Upon disposal of city records, the city clerk shall file in the city clerk's office a descriptive list of the records disposed of and a record of the disposal itself. The city clerk shall transmit copies of the list and record of disposal to the city council, and the filing in the office of the city clerk of the list and record of disposal shall constitute a filing and preservation by the council of these documents.
    (4) The city clerk shall include in the annual records management report to the city council a description of all record disposal activities taken during the year. (Ord. 1219 §2, 2007)

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2.36.050 Annual Records Management Report to the Council. The city clerk shall report the status of the management of city records to the city council annually.

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2.36.060 Access to public records. (a) Definition of Public Records. Public records include books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by the city, or by a private contractor for the city, and that are preserved for their informational value or as evidence of the organization or operation of the city; public records do not include proprietary software programs.
(b) Open to Inspection. All public records shall be open to public inspection, except as provided in subsections (c) through (h) of this section.
(c) Confidential or Privileged Public Records. Public records containing information which is accorded confidential or privileged status under this code, or under state or federal law and which has been provided on a condition that the information retain its privileged or confidential nature, are open to public inspection only in a manner that does not disclose such confidential or privileged information.
(d) Inspection of Public Records Involved in Litigation.
        (1) Public records sought by a party involved in litigation shall be disclosed in accordance with the rules of procedure applicable in a court or administrative adjudication.
        (2) In this subsection, "involved in litigation" means a party to litigation or a party representing a party to litigation, including a person who is obtaining records for the party.
    (e) Law Enforcement Records. Public records compiled or maintained for law enforcement purposes are open to inspection and disclosure, except that such disclosure shall not be made if disclosure of the records:
        (1) Could reasonably be expected to interfere with enforcement proceedings.
        (2) Would deprive a person of a right to a fair trial or impartial adjudication.
        (3) Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim or witness.
        (4) Could reasonably be expected to disclose the identity of a confidential source.
        (5) Would disclose confidential techniques and procedures for law enforcement investigations or prosecutions.
        (6) Would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law.
    (f) Identity of Complainants.
        (1) The name, address, telephone number, or other identifying information about complainants in actions to enforce building, environmental, or other city ordinances or regulations and state statutes or regulations are not open to public inspection.
        (2) This subsection does not prohibit disclosure of the contents of the complaint, so long as the complainant is not identifiable.
        (3) This subsection does not prohibit the disclosure of the name of the complainant when such disclosure becomes necessary to the fair and just disposition of the charge or complaint in enforcement proceedings.
    (g) Personnel Records.
        (1) Personnel records, including employment applications and examination materials, are confidential and are not open to public inspection except as provided in this section.
        (2) The following information is available for public inspection, subject to reasonable regulations on the time and manner of inspection:
            (i) The names and position titles of all city employees.
            (ii) The position held by a city employee.
            (iii) Prior positions held by a city employee.
            (iv) Whether a city employee is in the classified or exempt service.
            (v) The date of appointment and separation of a city employee.
            (vi) The compensation authorized for a city employee.
        (3) A city employee has the right to examine the employee's own personnel files and may authorize others to examine those files.
        (4) An applicant for city employment who appeals an examination score may review written examination questions relating to the examination unless the questions are to be used in future examinations.
        (5) Notwithstanding paragraph (1) of this subsection, employment applications for the positions of city manager and police chief shall be open to public inspection.
   (h) Harbor and Utility Customer Records. Information in records maintained for city harbor facilities and city utilities regarding a specific identifiable customer, including without limitation the customer’s address, telephone number, account balance and payment history, is not open to public inspection. (Ord. 1254 §2, 2009)

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2.36.070 Administration of access to public records. (a) Requests for access to public records may be made directly to the concerned department(s) or to the city clerk’s office. The city clerk is the city official designated to review any denial of access to public records.
    (b) The council by resolution from time to time shall prescribe the standard unit charge for copies of public records.
    (c) The fee to search for and duplicate a public record shall consist of:
        (1) Actual costs for copying the record in the requested format, including costs for paper, tapes, microfiche, disks or other media.
        (2) Costs incurred by the city to duplicate the record, including computer processing time.
        (3) Salary and benefits costs for the city employees performing the work, including computer programming work required to extract or copy the records, as provided in AS 40.25.110.
(Ord. 1203, 2006) For ordinances regarding public records prior to the adoption of Ordinance No. 1203, see Ord. 432 § 1, 1975; Ord. 887, 1990; Ord. 1160, 2003)
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CHAPTER 2.37
ARCHITECTURAL REVIEW BOARD

 

Repeal of Chapter 2.37; Ordinance Number 715, effective March 8, 1984, repealed former Chapter 2.37. Former Chapter 2.37 derived from Ord. 634, 1982.

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