BYLAWS OF THE

CENTRAL KENAI PENINSULA HOSPITAL SERVICE AREA BOARD

A Service Area Board of the Kenai Peninsula Borough

A Municipal Corporation

PREAMBLE

The Central Kenai Peninsula Hospital Service Area Board will serve to advise the Mayor and Assembly concerning the service area, review and recommend the annual service area budget, and perform additional functions as the assembly may authorize.

ARTICLE I

SERVICE AREA ESTABLISHMENT - GOVERNMENT - NAME

Section 1. Name: The name of the service area is the "CENTRAL KENAI PENINSULA HOSPITAL SERVICE AREA," hereinafter referred to as the "Service Area" or "CKPHSA."

Section 2. Establishment: The CKPHSAB was established by Kenai Peninsula Borough Ordinance 97-70 on December 2, 1997 and service area voters in October 1998 with the election of seven service area board members.

Section 3. Government: Service area operations are governed by Alaska Statutes; particularly Title 29, and the Kenai Peninsula Borough Code of Ordinances; particularly Kenai Peninsula Borough chapters 16.04 and 16.08. CKPHSAB is further governed by Kenai Peninsula Borough Resolution 98-091 delegating certain contractual functions from the Borough Assembly to the Central Kenai Peninsula Hospital Service Area Board.

ARTICLE II

SERVICE AREA BOARD OF DIRECTORS

Section 1. Establishment - Election: Board members will be elected by a majority of the voters during the Borough's regular election held the first Tuesday in October.

Section 2. Powers and Duties of the Board: The Service Area board shall advise and make recommendations to the mayor and the assembly concerning service area activities as referenced in Sections 1, 2, and 3 of Resolution 98-091, and the new "Attachment A" to the Bylaws. The board shall promptly furnish accurate and complete copies of board packets, including the minutes of all board meetings, to the mayor and the assembly.

The board of directors of the Service Area are advisory to the mayor and the assembly, and they may not contravene the authority of the mayor and the assembly with respect to any of the statutory or ordinance powers and duties prescribed by law to the mayor and to the assembly.

Section 3. Terms and Qualifications:

A. The initial terms for the seats within the Service Area are as follows:

Seat A, one year; Seat B & C, one year; Seat D & E, two years; and Seat F & G, three years

Subsequent terms for all seats, except for Seat A, shall be for three year terms.

B. Candidates for the board must be qualified voters of the Borough and residents of the service area, and must comply with the Borough elections code, Title 4.

C. Elected board members must be sworn in within thirty (30) days after the certification of election results. The oath of office may be administered by the Borough Clerk any time after the election is certified, or by the designee of the Borough Clerk at the first board meeting after certification of election results.

D. Newly elected board members take office at the beginning of the first board meeting after certification of election, and taking the oath of office.

Section 4. Vacancies:

A. Vacancies on the board are created under the following conditions and upon declaration of a vacancy by the board,

1. if no candidate files for election to a seat that is to be filled at said election, or if a successful candidate fails to qualify or take office within 30 days after his or her election;

2. if a member is physically absent from the service area for 90-day period, unless excused by the board;

3. if a member resigns and his or her resignation is accepted;

4. if a member is physically or mentally unable to perform the duties of office;

5. if a member is removed from office;

6. if a member misses 3 consecutive regular meetings unless excused; or

7. if a member is convicted of a felony or of an offense involving a violation of his or her oath of office.

B. Vacancies on the board shall be filled by a majority vote of the remaining board members, until the next regular election of the Borough, at which time a new member shall be elected to fill the unexpired term or for a full term if no unexpired term remains.

C. Vacancies shall be filled no later than the third meeting after the meeting in which the vacancy is declared.

D. Declaration of vacancy of a board seat shall require the vote of four (4) of the seven (7) board members.

Section 5. Absences: To qualify for an excused absence, a board member must: 1) notify the service area board chairperson of the intended absence prior to the meeting at which the member will be absent, and 2) be excused by action of the board.

ARTICLE III

BOARD MEETINGS

Section 1. Board Meetings - Quorum: The board shall meet periodically at a regularly scheduled time and place designated by the board. Special meetings of the board may be called by the chairperson of the board or by 3 members upon 1 day's notice. The notice shall include the time and the place of the meeting and shall be mailed or telephoned to each member. The attendance of a member at a meeting constitutes a waiver of notice of the meeting. All meetings are open to the public as provided in AS 29.20.20 and AS 44.62.310 and in accordance with the policies set forth in AS 44.62.312. Four members shall constitute a quorum, and if a quorum is present, actions may be taken by a majority vote of those members present. In the absence of a quorum, a majority of those present may adjourn the meeting to a later date.

Section 2. Work Session: Work session meetings of the board may be called at any time by the board chairperson, upon at least one (1) day's notice. The board cannot take any official action at a work session.

Section 3. Executive Session: The board may go into executive session upon compliance with, and for the reasons listed in the Alaska Open Meetings Act (AS 44.62.310-312).

Section 4. Notice of Meeting - Board Attendance - Public Attendance:

B.  All board meetings and work sessions are open to the public as provided by the Alaska Open Meetings Act, and the Borough Code of Ordinances.

Section 5. Agenda: Board members shall be mailed an agenda for the monthly board meetings seven (7) days prior to the meetings.

Section 6. Minutes: All proceedings of the board meetings and work sessions will be electronically recorded, and minutes permanently recorded in print. The electronic recording shall be maintained for a period of one (1) year, and the written record shall be distributed to the board members. After the minutes are approved, a copy shall be forwarded to the Borough Clerk for the Borough Mayor and the assembly.

Section 7. Order of Business: The order of business at all meetings and work sessions of the board shall be in accordance with the adopted agenda for that meeting.

ARTICLE IV

BOARD OFFICERS

Section 1. Election of Officers - Terms - Qualifications: At the first regular meeting following certification of election by the Assembly, and annually thereafter, the board shall elect by a majority vote of the board members a chairperson, vice-chairperson and secretary, who shall hold office for one year or until a successor is elected.

Section 2. Resignation - Vacancies: Should an officer's seat become vacant, the board shall elect, by majority vote of the remaining board, a successor to fill that office for the rest of the term at the first meeting following the notice of resignation.

Section 3. Chairperson: The chairperson, vice-chairperson, or secretary shall preside at all meetings of the board and shall remain a voting member of the board.

ARTICLE V

SERVICE AREA RECORDS

Section 1. Service Area Records: Service Area records shall be open for public inspection as provided for in Alaska Statutes, Borough ordinances, resolutions and policies. Service Area records are maintained and retained in accordance with Borough ordinance, resolutions and policies.

ARTICLE VI

AMENDMENTS

Section 1. Bylaws Adoption, Amendments or Repeal: The board may adopt, amend, or repeal bylaws at any regular or special meeting of the board provided that: 1) public notice of such bylaw change was given, 2) provided further that no bylaw shall be inconsistent with Alaska Statutes or Borough ordinances or resolutions, and 3) the assembly approves such change.

Section 2. Voting Requirements: No bylaw may be adopted, amended, or repealed except by affirmative vote of four (4) of the seven (7) board members.

THESE BYLAWS ARE HEREBY ACCEPTED AND APPROVED ON THIS ________ DAY OF ___________________, 2000.

Central Kenai Peninsula Hospital Service Area Board

Attest:

Borough Clerk