MEMORANDUM

TO: Timothy Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Pete Sprague, Assembly Member

DATE: October 11, 2001

SUBJECT: Ordinance 2001-38

According to Section 21.20.220 of the Borough Code, the Assembly sits as a board of adjustment to hear appeals of decisions by the Planning Commission. This is a quasi-judicial responsibility; decisions rendered must of course be made impartially. Thus, ex parte communication is prohibited.

It may be difficult for an elected representative to perform his or her duties and responsibilities to constituents while at the same time necessarily refraining from being able to help them resolve issues due to ex parte restraints.

I am asking the Assembly to consider a change in the Borough Code that would have the Assembly appoint members of the public to the board of adjustment. This board, based on the Matanuska-Susitna Borough model, would sit as the board of adjustment in place of the Assembly.