MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Dale Bagley, Mayor

FROM: Colette Thompson, Borough Attorney

David Gibbs, Office of Emergency Management Coordinator

DATE: February 6, 2003

SUBJECT: Ordinance 2003-07, amending KPB Chapter 2.60, Emergency Services Communications System

In KPB Chapter 2.60, the assembly authorized the mayor to establish an emergency communication system throughout the borough outside of the cities and also to extend the services of the system to residents of any city that relinquished its communications powers. All first class and home rule cities relinquished such powers to the borough.

A distinction exists between dispatch and call-taking services. Call-taking services occur when a call is made to the E-911 center and the E-911 operator communicates with the party in need of assistance. Dispatch services occur when the E-911 operator contacts the appropriate emergency providers, advises them of the emergency, and communicates with the responders. The cities relinquished emergency communications powers to the borough but did not intend to relinquish the authority to provide dispatch services. This ordinance clarifies that the cities did not relinquish dispatching powers.

At this time, 911 calls all go to the E-911 center located at the Alaska State Trooper offices near Soldotna. If the emergency is inside a city that offers dispatch services, then the call is referred to the dispatch office in those cities. Those cities include Kenai, Homer, and Seward. Otherwise, dispatch services are provided from that office for the rest of the borough. This ordinance clarifies that the borough mayor is authorized to provide dispatch services for the area of the borough outside the cities either directly or through agreements.

Technology has been developed which enables land-based calls from within those cities providing dispatch services to be directly routed to those cities rather than first answered by the dispatch office at the Alaska State Trooper office and then transferred to the cities. This ordinance would also clarify that calls may be automatically routed to those cities.

Finally, the Open Meetings Act defines a meeting for an advisory board such as the E-911 board to include a prearranged meeting to discuss matters upon which the board is empowered to enact between any two board members. Public notice is therefore required for any such meetings. As the borough office of emergency management coordinator is required to communicate regularly with the board members between meetings in order to follow through with board business, the board has determined that the emergency management coordinator should not be a member of the board. Prior to the adoption of Ordinance 2001-04, the office of emergency management coordinator was not a member of the board. After recognizing this as an issue, the board has recommended that the OEM coordinator no longer be identified as a board member. The borough's interests are represented on the board through the Nikiski Fire Chief and Central Emergency Services Chief. Additionally, the board operates solely in an advisory capacity.

At its meeting of February 5, 2003, the E-911 board unanimously recommended that this ordinance be approved by the assembly.