MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Ron Long, Assembly Member

Milli Martin, Assembly Member

FROM: Colette Thompson, Borough Attorney

DATE: January 22, 2004

SUBJECT: Ordinance 2004-01, amending KPB Title 16 to require public notice of vacancies on service area boards

During the committee meeting of January 6, 2004, it was recommended that the first sentence of the proposed addition to each section be revised to clarify that the public notice of a vacancy is to be provided at least 21 days before the vacancy is filled. In its present form, the amendment does not clearly so state. Also, the ordinance should be clarified to provide that it only applies to vacancies occurring on or after the effective date. At least one service area board presently has a vacancy for which it is soliciting applicants. As the provisions in this ordinance may change prior to its enactment, and the service area boards are not currently bound by the rules, this amendment would eliminate confusion regarding pending efforts to fill a vacancy. Following are the proposed amendments:

That the first sentence of the new language in Sections 1 through 12 be amended as follows:

The board shall provide at least twenty-one days' advance public notice [of] before filling the vacancy.

That the existing Section 13 be renumbered to Section 14, and a new Section 13 be inserted to read as follows:

SECTION 13. That this ordinance shall only apply to service area board seats that become vacant on or after the effective date of this ordinance.