MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Gary Superman, Assembly Member

DATE: September 9, 2004

SUBJECT: Ordinance 2004-34, revising the code regarding the removal of service area directors

Following adoption of Ordinance 2004-12 (Substitute), in which the assembly required concurrence of a service area board for the mayor to remove a director, it came to my attention that there is no provision for resolving a stalemate between a service area board and the mayor. Under the Alaska Statutes, the mayor is vested with the executive power of the municipality and is the appropriate official to make a final decision regarding removal of service area directors if the mayor appoints such directors. Also, Alaska Statutes require that the appointing authority for such positions also be the authority charged with removing persons from such positions. This ordinance is proposed to provide a mechanism that enables service area boards to significantly influence the decision-making process for removing a director but clarifies that the final decision rests with the mayor. Your support of this ordinance would be appreciated.