2.100.070 Vacancies | Kodiak Island Borough Code

2.100.070 Vacancies.

A. Other than by expiration of the member’s term, the assembly shall declare a seat vacant when a member:

1. Is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission;

2. Resigns and the resignation is accepted;

3. Is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the board, committee, or commission;

4. Is convicted of a felony or of an offense involving a violation of the oath of office;

5. No longer physically resides in the municipality and the board, committee, or commission by two-thirds vote declares the seat vacant; this subsection does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140(a); or

6. Misses three consecutively held regular meetings and is not excused.

B. If a member of the board, committee, or commission misses one-half of the meetings held in any year of his or her term in office, each year between January 1st and December 31st, the seat shall be automatically vacated.

C. Members may be removed for reasonable cause by the assembly at any time. As used in this section, the term “reasonable cause” shall mean:

1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to liability for financial loss or has the potential, in the sole discretion of the assembly, to expose the borough to liability for financial loss; or

2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the functioning of the board, committee, or commission.

D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. [Ord. FY2008-15 §2, 2008; Ord. 02-16 §5, 2002; Ord. 02-09 §3, 2002; Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.070].