MEMORANDUM

TO: Tim Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: William R. Popp, Assembly Member

DATE: June 19, 2001

SUBJECT: Ordinance 2001-23

This ordinance would place a binding question on the ballot in the regular October election of this year to ask the voters whether the borough should proceed with the pending proposal for the design, construction, and private operation of a correctional facility in the Kenai Peninsula Borough.

Alaska Statute 29.26.170 provides that if the assembly adopts substantially the same measure as is contained in an initiative petition, then the petition is void and the matter initiated may not be placed before the voters. It is my intent that this ordinance replace the pending initiative petition numbered Initiative Ordinance 2001-001 and still provide the voters with an opportunity to vote on the question. This process will ensure that the question be placed on the ballot in the regular October election instead of holding a special election. The statutes provide the petition sponsors with 90 days to obtain enough signatures to certify the petition for the ballot. An election must be held no sooner than 45 days and no later than 75 days after certification of the petition. If the petition is certified after August 17, 2001, then a special election will be required, which costs additional borough funds and historically have had poor voter turnouts. This issue deserves the largest possible participation of the voters of the Kenai Peninsula Borough. This proposition differs from the circulating initiative petition in that it would prohibit the Kenai Peninsula Borough from contracting with the state and a private operator to build and operate the proposed prison facility in the Kenai Peninsula Borough. The circulating initiative petition would prohibit all for-profit private prison operators in the borough.

Additionally I believe that an advisory vote for an issue of this magnitude is not the best way to gauge the will of the voters in that the vote is not binding on the Assembly. With the passage of this ordinance, both sides of this issue will have the opportunity to make the case for or against this project in the public forum of the October election so that the voters can decide once and for all if this project will go forward to completion.

Shortened hearing is requested to give the petitioners clear knowledge of the assembly's intent regarding placing a binding question on the ballot, thereby saving the effort of duplicate processes.