Title 2
ADMINISTRATION

Chapters:

2.04 Borough Assembly

2.08 Ordinances and Resolutions

2.12 Mayor

2.16 Borough Clerk and Treasurer

2.20 Borough Officers Generally

2.24 Finance Department

2.32 Meetings of Municipal Bodies

2.36 Code of Ethics

2.40 Education Powers

2.44 Library Powers

2.48 Real Property Acquisition and Conveyance

2.52 Leasing of Real Property

2.56 Surplus Property

2.60 Frank R. Ferguson Memorial Scholarship Program

2.64 Resident Preference for Employment on Public Works Projects

2.68 Drug-Free Workplace Requirements for Borough Contractors

2.72 Records Management

Chapter 2.04
BOROUGH ASSEMBLY

Sections:

Article I. General

2.04.010 Assembly seats – Composition – Expiration of terms.

2.04.020 Qualifications of assembly members.

2.04.030 Election of assembly members – Terms.

2.04.040 Compensation and per diem of assembly members.

2.04.050 Filling a vacancy.

2.04.060 Conflict of interest statement deadline.

2.04.070 Appointment of committees.

2.04.080 Budget, audit and finance committee.

Article II. Assembly Meetings

2.04.090 Regular assembly meetings.

2.04.100 Special meetings.

2.04.110 Meetings – Location change and delay.

2.04.120 Meetings – Emergency special meetings – Waivers.

2.04.130 Executive session.

2.04.140 Absences.

2.04.150 Quorum.

Article III. Assembly Procedures

2.04.160 Presiding officer.

2.04.170 Meetings – Order of business.

2.04.180 Agenda.

2.04.190 Minutes.

2.04.200 Assembly rules.

2.04.210 Veto.

2.04.220 Duties of the clerk at assembly meetings.

Article IV. Emergency Meeting

2.04.230 Emergency meeting.

Article I. General

2.04.010 Assembly seats – Composition – Expiration of terms.

A.  The assembly shall consist of 11 members. Each assembly member shall be elected at large, but shall be a resident of the district to which the member’s seat is assigned at the time of the member’s election or appointment. The boundaries of the election districts are described in the map accompanying NABC 1.04.020, which is incorporated in this section by reference. Except as may otherwise be provided by statute or charter, the term of an assembly member is three years.

B.  The initial expiration date of the terms for the seats established under the charter, following the regular general election of October, 1989, shall be as follows:

District	Seat	Initial Expiration Date
1	A	1991
2	B	1992
3	C	1991
	D	1992
	E	1990
4	F	1992
5	G	1990
5	H	1990
	I	1992
	J	1991
	K	1991

(Ord. 01-09 § 2, 2002; Ord. 95-02 § 4, 1995; Ord. 89-08 § 4, 1989; Code 1986 § 2.04.010)

2.04.020 Qualifications of assembly members.

The assembly members shall be qualified electors of the borough, and shall have been residents within the district they seek to represent. An assembly member who ceases to be eligible to be a borough voter immediately forfeits his office. (Code 1986 § 2.04.020)

2.04.030 Election of assembly members – Terms.

An election is held annually on the first Tuesday of October to choose assembly members for three-year terms and until their successors are elected and have qualified. The regular term of office begins on the first Monday following the election. (Ord. 95-02 § 3, 1995; Code 1986 § 2.04.030)

2.04.040 Compensation and per diem of assembly members.

A.  Each member of the assembly shall receive compensation at the rate of $250.00 for each meeting day of the assembly attended, including any meetings of a committee or subcommittee established under NABC 2.04.070. Compensation shall be paid at the rate of $150.00 for each day of attendance at a convention, conference or similar gathering.

B.  Each member of the assembly shall receive per diem for each day or part of a day the assembly member is away from his/her village of residence to attend to borough business. The per diem shall be at a rate which is adjusted and set according to budget amendments.

C.  The assembly shall invite the Regional Elders Council to send an ex officio representative to meetings of the assembly. The representative of the Regional Elders Council shall receive compensation for each meeting day of the assembly attended. The rate of compensation shall be the same as that set in subsection (A) of this section. In addition, the representative of the Regional Elders Council shall receive per diem for each day or part of a day the representative is away from his/her village of residence to attend a meeting of the assembly. The per diem rate shall be the same as that set in subsection (B) of this section. (Ord. 07-01 § 1, 2007; Ord. 01-07 § 1, 2001; Ord. 99-01 § 1, 1999; Ord. 97-05 § 1, 1997; Ord. 96-10 § 1, 1996; Ord. 91-04am2 § 1, 1991; Ord. 91-04am, 1991; Ord. 86-13 § 1, 1986; Code 1986 § 2.04.040)

2.04.050 Filling a vacancy.

A.  If a vacancy occurs in the assembly, the assembly by a vote of a majority of its remaining members shall designate a person to fill the vacancy at the next regular assembly meeting following the date the vacancy occurs. For good cause, the assembly may by resolution reasonably extend the time period for filling a particular vacancy.

B.  The vote shall be by secret ballot. If there are more than two candidates and no candidate receives the vote of a majority, the lowest vote getter shall be eliminated on successive ballots until there are only two candidates or one candidate receives a majority. In the event of a tie vote between two candidates, the assembly shall vote a second time to break the tie. If the second vote does not elect a candidate, the assembly president shall determine which of the two candidates will fill the vacancy by the drawing of lots. (Ord. 99-06 § 1, 1999; Ord. 98-02 § 1, 1998; Ord. 91-02 § 1, 1991; Code 1986 § 2.04.050)

2.04.060 Conflict of interest statement deadline.

Each elected official shall complete and file with the clerk a report of financial and business interest, as required by AS 39.50.010 through 39.50.200, no later than April 15th of each year or 15 days after they have filed their personal federal income tax return, whichever occurs first. (Code 1986 § 2.04.060)

2.04.070 Appointment of committees.

A.  The borough assembly may, by resolution, establish temporary committees to manage the work of the assembly.

B.  The resolution establishing any such committee shall at a minimum:

1.   Describe the purpose of the committee;

2.   State the number of people who will sit on the committee;

3.   State the length of the committee’s term.

C.  Unless otherwise specified in the resolution, the assembly president shall appoint the committee members, who shall serve at the pleasure of the president. Except as limited by resolution or ordinance, the president shall also have the authority to fill vacancies on committees as they occur.

D.  The assembly president shall be an ex officio member of all temporary and permanent committees with the power to make motions, vote and otherwise participate in the work of the committee. Unless otherwise provided by resolution, the president shall also be counted in determining if a quorum is present at any committee meeting. The president shall be compensated as any other committee member for attendance at committee meetings.

E.  Permanent committees of the assembly shall be established by ordinance. (Ord. 90-11 § 1, 1990; Code 1986 § 2.04.070)

2.04.080 Budget, audit and finance committee.

A.  The purpose of the assembly budget, audit and finance committee includes:

1.   Review of the annual audit and making recommendations to the assembly;

2.   Monitoring, reporting and recommendations to the assembly on the following matters:

a.   The performance, capitalizations and alternative investment policies for the enterprise and investment funds provided for by charter,

b.   On a quarterly basis, reviews of all budget amendments, and

c.   The review of all recommended changes to the budgetary process;

3.   Other specific budgetary considerations requested by the assembly.

B.  Membership shall be composed of four assembly members appointed by the president, for a period of one year. (Ord. 90-11 § 2, 1990; Ord. 89-05 § 1, 1989; Ord. 87-27 § 1, 1987; Code 1986 § 2.04.080)

Article II. Assembly Meetings

2.04.090 Regular assembly meetings.

A.  Unless otherwise determined by the assembly at a meeting, all regular meetings of the assembly shall be held on the fourth Tuesday of each month and at such time as determined by the assembly at the previous meeting; however, the assembly is not required to hold a regular meeting each month.

B.  The assembly shall determine the location for each meeting. In order to give the public a greater opportunity to attend and participate in the meetings of the borough assembly, the assembly may hold regular meetings in public locations throughout the borough. The location notice shall set forth with particularity the location of the meeting. The notice shall be published at least seven days prior to the scheduled meeting.

C.  All regular meetings of the assembly shall be public meetings and the public shall have reasonable opportunity to be heard. (Ord. 96-11 § 2, 1997; Ord. 87-11, 1987; Code 1986 § 2.08.010)

2.04.100 Special meetings.

A.  Special meetings of the assembly are those meetings which are called by the mayor or three of the assembly members for a time different from that fixed for the regular assembly meetings. The location of all special assembly meetings shall be designated in the notice.

B.  Advance notice of at least 24 hours preceding a special meeting shall be given each assembly member. The notice shall specify the time, place and subject matter of the meeting. No business shall be transacted at the meeting which is not mentioned in the notice. Such notice shall be served personally on each member of the assembly or left at his usual place of business or residence by the borough clerk or his designee. (Ord. 95-02 § 5, 1995; Code 1986 § 2.08.020)

2.04.110 Meetings – Location change and delay.

A.  Notwithstanding the provisions of NABC 2.04.090 and 2.04.100, if after having been lawfully assembled in a location properly designated, the assembly determines that such location is unsuitable, it may recess the meeting and reconvene at a different location suitable to the needs of the assembly. The location to which the meeting shall be reconvened shall be made known publicly prior to the recess and notice of the new location shall be posted at the place originally convened.

B.  Notwithstanding the provisions of NABC 2.04.090 and 2.04.100, the mayor with consent of the assembly president may delay, change the location, date or time, of any regular or special meeting of the assembly. The mayor shall issue a notice of such delay, providing the reason.

C.  Immediately upon the execution of such notice of delay, the mayor shall publish such notice as follows:

1.   Mail and telephonic notice of assembly members;

2.   Provide a copy of such notice to the radio station;

3.   Posting the notice on the borough bulletin board;

4.   If the meeting is delayed for more than three days, notice of the rescheduled meeting shall be published as provided in NABC 2.08.030(C) not less than 24 hours before the time of the meeting in accordance with NABC 2.08.030(C). (Ord. 01-03 § 1, 2001; Ord. 90-01 § 1, 1990; Ord. 88-17 § 1, 1988; Code 1986 § 2.08.030)

2.04.120 Meetings – Emergency special meetings – Waivers.

In an emergency, any special meeting shall be a legal meeting if all assembly members are present, or if there is a quorum present and all absent members have waived in writing the required notice. Such waivers may be made before or after the time of the meeting and any waivers shall be made a part of the record of the special meeting. (Code 1986 § 2.08.040)

2.04.130 Executive session.

Subject to the provisions of NABC 2.32.020 and other applicable law, the assembly may at any time go into a closed or executive session from which the general public may be excluded by a majority vote taken at a public meeting, at which session only those subjects shall be considered as are mentioned in the motion for the executive session. (Ord. 00-11 § 1, 2000; Code 1986 § 2.08.050)

2.04.140 Absences.

No member shall absent himself from any meeting of the assembly except for good and sufficient reason. (Code 1986 § 2.08.060)

2.04.150 Quorum.

A.  Six members of the assembly shall constitute a quorum. In the absence of a quorum any number less than a quorum may recess or adjourn the meeting to a later time or date. No assembly action shall be valid or binding unless adopted by an affirmative vote of six or more members.

B.  An assembly member shall be deemed present under this section if the meeting is being teleconferenced such that the assembly member can hear and participate in the discussion. (Ord. 87-12am, 1987; Code 1986 § 2.08.080)

Article III. Assembly Procedures

2.04.160 Presiding officer.

A.  The presiding officer shall preside at all meetings of the assembly. He shall preserve order and decorum among the assembly members, and is responsible for conduct of all meetings in compliance with the rules of the assembly. He may at any time make such rules as he deems proper to preserve order among the spectators in the borough assembly chamber during sessions of the assembly. The presiding officer is elected by the assembly following the certification of each annual regular election at the assembly’s first regular meeting.

B.  The presiding officer may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the assembly by motion duly seconded as herein provided. He may at any time call any member to the chair during any meeting, such substitution to discontinue when he elects to resume the chair, and in no event beyond adjournment of the meeting at which such substitution is made.

C.  In the temporary absence or disability of the presiding officer, any member of the borough assembly may call the assembly to order at any duly called meeting to elect a president pro tempore from among its number and the president pro tempore shall exercise all the powers of chairman during such temporary absence or disability of the presiding officer and may also vote. (Code 1986 § 2.12.010)

2.04.170 Meetings – Order of business.

At every regular meeting of the borough assembly the order of business shall be as follows:

A.  Call to order;

B.  Invocation;

C.  Roll call;

D.  Assembly and elected official vacancies, oaths of office, and election of officers;

E.  Agenda approval;

F.  Minutes of previous meetings;

G.  Communications and appearances;

H.  Boards, commissions and committees;

I.  Public hearings, enactment of ordinances and emergency ordinances;

J.  Mayor’s report;

K.  Time and place of next meetings;

L.  Introduction of ordinances;

M.  Resolutions;

N.  Other business;

O.  Audience comments;

P.  Assembly comments;

Q.  Mayor’s comments;

R.  Adjournment. (Ord. 87-26 § 1, 1987; Code 1986 § 2.12.020)

2.04.180 Agenda.

A.  Regular Assembly Meetings. All items and matters to be submitted to the assembly at a regular meeting shall be presented to the borough clerk no later than the close of business 13 days prior to the meeting. The mayor shall then arrange the agenda according to the order of business provided in NABC 2.04.170. No later than seven days before the next meeting, the clerk shall provide copies of the agenda and agenda packet to the mayor and borough attorney and send a copy of the agenda packet to each assembly member.

B.  Special Meetings. Agendas and packets for a special meeting shall be prepared by the clerk and provided to assembly members as early as possible before the special meeting.

C.  Work Sessions. Any matter to be considered by the assembly in work sessions shall be listed in agenda form by the clerk and be given to the assembly at least three days prior to said work session. Any written material for said work session shall be furnished by the clerk to the mayor, the assemblymen, borough manager, and the borough attorney three days in advance of the scheduled date for said work session. (Code 1986 § 2.12.030)

2.04.190 Minutes.

A.  Minutes of all regular and special meetings shall be taken. Minutes shall be in the form of a summary of discussion including a verbatim report of motions made and actions taken plus a report of each vote cast by assembly members when a roll call vote is made. All minutes of regular and special meetings shall be kept in the journal of the proceedings of the assembly. All minutes of the assembly shall be distributed by the borough clerk to the public desiring same after payment of a reasonable charge. One copy of the minutes shall be given free of charge to any person appearing in person and requesting same with extra copies in person or by mail available at $0.25 per copy per page, and subscriptions available by mail at the rate of $10.00 per year.

B.  Unless a reading of the minutes of an assembly meeting, regular or special, is requested by a member of the assembly, such minutes may be approved without a reading if the clerk has previously furnished each member with a synopsis thereof.

C.  All meetings, regular and special, shall be recorded electronically and the tapes shall be kept on file for a period of five years by the borough clerk. Transcripts may be purchased at cost.

D.  The clerk may be directed by the mayor, with the consent of the assembly, to enter in the minutes a synopsis of the discussion on any question coming regularly before the assembly.

E.  Agendas for work sessions shall serve as summary notes and shall be kept in the journal of the proceedings of the assembly and maintained as permanent record by the borough clerk. (Ord. 96-08 § 1, 1996; Ord. 87-04, 1987; Code 1986 § 2.12.040)

2.04.200 Assembly rules.

In all matters of parliamentary procedure not covered in these rules, Robert’s Rules of Order shall be applicable and govern. (Code 1986 § 2.12.050)

2.04.210 Veto.

The mayor may veto any ordinance, resolution, motion or other action of the assembly and may, by veto, strike or reduce items in appropriation ordinances. He shall submit to the assembly at its next regular meeting a written statement advising of his veto and giving his reasons. A veto is overridden by the vote of two-thirds of the authorized membership of the assembly within 21 days following exercise of the veto or at the next regular meeting whichever is later. The veto does not extend to appropriation items in school budget ordinance; actions of the governing body sitting as the board of equalization or the board of adjustment; adoption or repeal of a manager plan of government. (Code 1986 § 2.12.060)

2.04.220 Duties of the clerk at assembly meetings.

The borough clerk shall give notice of borough assembly meetings, shall attend all meetings of the assembly and keep the journal of its proceedings, shall authenticate by his signature and record in full in a book or file kept for that purpose all ordinances and resolutions duly indexed and open to public inspection. In case of the temporary absence of the borough clerk, the borough assembly may appoint a clerk pro tempore, with all the powers, duties and obligations of the borough clerk, who shall be duly qualified. (Code 1986 § 2.12.070)

Article IV. Emergency Meeting

2.04.230 Emergency meeting.

An emergency meeting of the assembly may be held after such public notice as is reasonable under the circumstances without regard to the publication requirements in NABC 2.32.040, upon the affirmative vote of all members present, or the affirmative vote of three-quarters of those elected that a public emergency affecting life, health, welfare or property exists and that reasonable public notice of the meeting has been given. Any action taken at an emergency meeting is valid only for 60 days. (Code 1986 § 2.20.050)

Chapter 2.08
ORDINANCES AND RESOLUTIONS

Sections:

2.08.010 Acts of the assembly.

2.08.020 Acts required to be by ordinance.

2.08.030 Ordinance procedure.

2.08.040 Ordinance form and content.

2.08.050 Emergency ordinances.

2.08.060 Ordinances confined to single subject.

2.08.070 Repeal shall not revive any ordinances.

2.08.080 Acts by agents.

2.08.090 Codes of regulations.

2.08.100 Formal acts by resolution.

2.08.110 Resolution procedure.

2.08.010 Acts of the assembly.

The assembly shall act only by ordinance, resolution or order. Laws of a general, uniform and permanent nature shall be reduced to ordinance; laws of a temporary or special character shall be reduced to resolution. When the assembly expresses anything by way of command, the form of expression shall be “ordered”; when it expresses opinions, principles, facts or propositions, the form shall be “resolved.” (Code 1986 § 1.20.010)

2.08.020 Acts required to be by ordinance.

In addition to other actions which AS Title 29 requires to be by ordinance, the assembly shall use ordinances to:

A.  Establish, alter or abolish borough departments;

B.  Fix the compensation of members of the assembly;

C.  Provide for a fine or other penalty, or establish rules or regulations for violation of which a fine or other penalty is imposed;

D.  Provide for levying of taxes;

E.  Make appropriations and supplemental appropriations or transfer appropriations;

F.  Grant, renew or extend a franchise;

G.  Regulate the rate charged by a borough public utility;

H.  Adopt, modify or repeal the comprehensive plan, zoning and subdivision ordinances, building and housing codes, and the official map;

I.  Approve the transfer of power to a first or second class borough from a city;

J.  Designate the borough seat;

K.  Provide for the retention of sale of tax-foreclosed property;

L.  Exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of municipal public works projects within the limitations set out in AS 36.25.025. (Ord. 86-14 § 1, 1986; Code 1986 § 1.20.020)

2.08.030 Ordinance procedure.

A.  An ordinance may be presented for consideration only by a member or committee of the assembly or by the mayor at any regular or special meeting of the assembly. Upon presentation of an ordinance, copies shall be furnished to each assembly member and to the mayor. Upon presentation, an ordinance shall be rejected, deferred, referred to committee, or accepted as being introduced. Promptly after introduction the assembly shall publish the ordinance and a notice setting out the time and place for a public hearing on the ordinance. The public hearing of an ordinance shall follow publication by at least 10 days; it may be held at a regular or special assembly meeting and may be adjourned from time to time. At the public hearing copies of the ordinance shall be distributed to all persons present who request them or, in the alternative, the ordinance shall be read in full. All interested persons shall have an opportunity to be heard. After the hearing, the assembly shall consider the ordinance and may adopt it with or without amendment. The assembly shall print and make available copies of adopted ordinances.

B.  Ordinances take effect upon adoption or at a later date specified in the ordinance.

C.  As used in this section, the term “publish” means that notice shall be given through the media widely available throughout the borough and mailed to each city or village administrator at least 10 days before the hearing, or action, or meeting for which the notice is given. Each administrator to whom notice is mailed shall be requested to post it in at least one public place, but posting is not required for notice to be effective. (Ord. 00-11 § 3, 2000; Ord. 86-11 § 1, 1986; Code 1986 § 1.20.030)

2.08.040 Ordinance form and content.

All ordinances enacted by the assembly shall be in substantially the following form:

A.  The proposed ordinance shall have a heading and number.

B.  Title. A short summary of the ordinance’s provisions shall be included in a title at the head of the ordinance. The title shall make reference to any penalties imposed by the ordinance.

C.  Enacting Clause. The enacting clause shall read: “BE IT ENACTED BY THE ASSEMBLY OF THE NORTHWEST ARCTIC BOROUGH.”

D.  Substantive Part of the Ordinance. The provisions of the ordinance will follow the enacting clause. Changes in the substantive part of the ordinance shall be noted in the following manner: words to be added shall be underlined ______, and words to be deleted shall be placed in brackets [ ]. Alternatively, deletions and additions may be shown by computerized redlining in any manner acceptable to the assembly.

E.  Signatures. Appropriate places shall be provided for the signatures of the mayor and the president of the assembly.

F.  Attestation. The enactment and passage date of the ordinance shall be attested by the clerk.

G.  Code Section Numbers. Ordinances which amend, add to or repeal sections of this code shall refer to the code sections by number. (Ord. 95-02 § 2a, 1995; Ord. 88-11 § 2, 1988; Ord. 88-03 § 1, 1988; Ord. 87-25 § 1, 1987; Code 1986 § 1.20.040)

2.08.050 Emergency ordinances.

A.  To meet a public emergency the assembly may adopt ordinances effective on adoption. Every emergency ordinance must contain a finding by the assembly that an emergency exists and a statement of the facts upon which the finding is based. The ordinance may be adopted, amended and adopted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three-fourths of the total membership, whichever is less, is required for adoption. The assembly must print and make available copies of adopted emergency ordinances.

B.  An emergency ordinance may not be used to levy taxes, to grant, renew or extend a franchise, or to regulate the rate charged by a public utility for its services.

C.  Emergency ordinances are effective for 60 days. (Code 1986 § 1.20.050)

2.08.060 Ordinances confined to single subject.

Every ordinance shall be confined to one subject unless it is an appropriation ordinance or one codifying, revising or rearranging existing ordinances. Ordinances for appropriations shall be confined to appropriations. The subject of each ordinance shall be expressed in the title. (Code 1986 § 1.20.070)

2.08.070 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Code 1986 § 1.20.080)

2.08.080 Acts by agents.

When an act is required by ordinance and the act may be done as well by an agent as by the principal, such requirement shall be construed as to require and include all such acts performed by an authorized agent. (Code 1986 § 1.20.090)

2.08.090 Codes of regulations.

The assembly may in a single ordinance adopt or amend by reference provisions of a standard published code of regulations. The regular ordinance procedure applies except that neither the ordinance nor its amendments need be distributed to the public or read in full at the hearings. For a period of 15 days before adoption at least five copies of the code must be made available for public inspection at a time and place set out in the hearing notice. Only the adopting ordinance need be printed after adoption. The assembly shall provide for the adopted code to be sold to the public. (Code 1986 § 1.20.100)

2.08.100 Formal acts by resolution.

A.  Formal acts by the assembly not required by law to be enacted by ordinance and not being acts of a general and permanent nature may be adopted by resolution. A resolution shall have:

1.   The heading “Northwest Arctic Borough, Alaska”;

2.   The space for a number to be assigned: “Resolution, No. ____”;

3.   A short and concise title descriptive of its subject and purpose;

4.   Short premise or whereas clauses descriptive of the reasons for the resolution, if necessary;

5.   The resolving clause “Be it Resolved:”;

6.   Provisions for signature after the date, and designated lines for the signatures of the mayor and president of the assembly; and

7.   An attestation to be signed by the clerk.

B.  All resolutions adopted by the assembly whether at the instance of and presented by third parties, or on the motion of the instance of the assembly, shall conform to the requirements set forth in subsection (A) of this section.

C.  Resolutions shall not be included in any municipal code of ordinances. (Ord. 96-11 § 3, 1997; Code 1986 § 1.20.110)

2.08.110 Resolution procedure.

A.  Every resolution shall be introduced in writing and shall be orally read before any vote for passage thereof is taken.

B.  On any vote for passage of the resolution, all persons interested who appear shall be given an opportunity to be heard. After such hearing, the assembly may finally pass such resolution with or without amendments. First reading of any resolution shall be final and no further passage shall be required.

C.  After final passage, every resolution shall be posted in full on the borough hall bulletin board. Every resolution, unless it shall specify a later date, shall become effective following final passage, or, if the resolution be submitted at a referendum election when state law or borough charter so requires, then upon a favorable vote of the requisite number of those voting thereon. (Code 1986 § 1.20.120)

Chapter 2.12
MAYOR

Sections:

2.12.010 Mayor – Executive.

2.12.020 Mayor – Additional duties.

2.12.030 Mayor – Election and term.

2.12.040 Filling a vacancy.

2.12.050 Mayor pro tempore.

2.12.060 Successor to office of mayor and mayor pro tempore.

2.12.070 Salary of mayor.

2.12.010 Mayor – Executive.

A.  The mayor is the chief executive officer of the borough. He shall act as ceremonial head of the borough, and sign documents on the borough’s behalf upon assembly authorization.

B.  The mayor shall:

1.   Appoint borough employees and administrative officers, except as provided otherwise in NABC 2.40.030 and AS 14.14.060; he may hire necessary administrative assistants and may authorize an appointive administrative officer to appoint, suspend or remove subordinates in his department;

2.   Suspend or remove by written order borough employees and administrative officers, except as provided otherwise in NABC 2.40.030 and AS 14.14.060;

3.   Supervise enforcement of borough law;

4.   Prepare the annual budget and capital improvement program for the assembly;

5.   Execute the budget and capital program as adopted;

6.   Make monthly financial reports to the assembly on borough finances and operations;

7.   Report to the assembly at the end of each fiscal year on the finances and administrative activities of the borough;

8.   Prepare and make available for public distribution an annual report on borough affairs;

9.   Serve as borough personnel officer unless the assembly authorizes him to appoint a personnel officer;

10.  Execute other powers and duties specified in AS Title 29 or lawfully prescribed by the assembly. (Ord. 95-02 § 6, 1995; Code 1986 § 2.16.010)

2.12.020 Mayor – Additional duties.

The mayor shall in addition to the powers and duties conferred on his office by NABC 2.12.010:

A.  Direct and supervise the business of the borough to assure that all ordinances and resolutions are executed;

B.  Sign the special assessment rolls;

C.  Act as ex officio chairman of the board of adjustment for matters of building and zoning regulations of the borough;

D.  Act as ex officio chairman of the board of equalization for matters of taxation and special assessments. (Code 1986 § 2.16.020)

2.12.030 Mayor – Election and term.

A.  A voter of the borough who has been a resident of the borough for three years is eligible to hold the office of mayor.

B.  The mayor is elected at large for a term of three years and until a successor is elected and has qualified. The assembly may provide by ordinance for a different term not to exceed four years, except that the current term of an incumbent mayor may not be altered.

C.  The mayor’s regular term begins on the first Monday following his election, which is held on the first Tuesday of October. (Code 1986 § 2.16.030)

2.12.040 Filling a vacancy.

A vacancy in the office of mayor occurring within six months of a regular election shall be filled by the assembly. The person designated shall serve until the next regular election and until a successor is elected and has qualified. If an assemblyman is chosen, he shall resign his assembly seat. If a vacancy occurs more than six months before a regular election, the assembly shall call a special election to fill the unexpired term. (Code 1986 § 2.16.040)

2.12.050 Mayor pro tempore.

Should the office of the mayor become vacant, or if the existing mayor is disabled or unable to act, the assembly may appoint a mayor pro tempore, to serve until the mayor resumes his official duties, or until a new mayor is qualified. (Code 1986 § 2.16.050)

2.12.060 Successor to office of mayor and mayor pro tempore.

Should the office of mayor and mayor pro tempore become vacant or should both the mayor and mayor pro tempore be absent or unable to perform the duties of the office of mayor, the order of interim succession shall be determined as follows:

A.  The assembly member with the longest total period of tenure in office shall assume the office of mayor pro tempore.

B.  Should more than one assemblyman have the same total period of tenure in office, that assemblyman who received the largest plurality at the last election at which such assembly members were elected shall assume the office of mayor pro tempore. (Code 1986 § 2.16.060)

2.12.070 Salary of mayor.

A.  The office of the mayor of the borough shall be filled on a full-time basis. Salary of the mayor shall be $95,000 per annum. A minimum salary shall be set by the assembly at the start of the mayor’s term and shall not be diminished during the mayor’s term of office. However, if the mayor is incumbent, having served immediately preceding in that status, the salary shall not be set at a sum less than the rate paid on the last day of the mayor’s preceding term.

B.  The borough assembly may, at any time during the mayor’s term in office, raise the salary of the mayor to an amount the borough assembly determines to be commensurate with the duties and responsibilities of the office of the mayor.

C.  The mayor may not accept or receive remunerative employment from any other sources, except that he may serve on boards, commissions or other appointive committees at his discretion and pleasure. Military service is not considered as remunerative employment for the purpose of this section. (Ord. 07-04 § 1, 2007; Code 1986 § 2.16.070)

Chapter 2.16
BOROUGH CLERK AND TREASURER

Sections:

2.16.010 Borough clerk.

2.16.020 Borough clerk – Additional duties.

2.16.030 Acting clerk.

2.16.040 Treasurer.

2.16.050 Treasurer – Additional duties.

2.16.010 Borough clerk.

The borough clerk shall:

A.  Give notice of the time and place of assembly meetings to the assembly and to the public;

B.  Attend assembly meetings and keep the journal;

C.  Arrange publication of notices, ordinances and resolutions;

D.  Maintain and make available for public inspection an indexed file including the municipal ordinances, resolutions, rules, regulations and codes;

E.  Attest deeds and other documents;

F.  Perform other duties specified in this title or prescribed by the mayor or by the assembly. (Code 1986 § 2.28.020)

2.16.020 Borough clerk – Additional duties.

A.  The borough clerk shall record and certify all actions of the assembly.

B.  The borough clerk shall have the power to administer all oaths required by law.

C.  The borough clerk shall be custodian of the borough seal and the official records of the borough.

D.  The borough clerk shall give to the proper officials ample notice of the expiration or termination of any term of office and, when necessary, the conditions or requirements of all bonds, franchises, contracts or agreements.

E.  The borough clerk shall be the registrar of the borough and shall be responsible for the calling and supervision of all borough elections unless otherwise provided by law. (Code 1986 § 2.28.030)

2.16.030 Acting clerk.

A.  In case of the temporary absence of the borough clerk, the assembly may appoint an acting borough clerk, with all the powers and obligations of the borough clerk. The acting borough clerk shall be duly qualified.

B.  The acting borough clerk shall in all cases sign all documents in the name of the borough clerk, subscribing his personal signature as acting borough clerk. (Code 1986 § 2.28.040)

2.16.040 Treasurer.

A.  There shall be a borough treasurer who shall be appointed by the mayor.

B.  The treasurer is the custodian of all municipal funds. He shall keep an itemized account of money received and disbursed. He shall pay money on vouchers drawn against appropriations.

C.  The treasurer shall give bond to the municipality in a sum which the assembly directs. (Code 1986 § 2.28.050)

2.16.050 Treasurer – Additional duties.

The treasurer shall:

A.  Be responsible for all matters pertaining to the maintenance of all fund accounts of the borough, and the maintenance and care of all property used for finance;

B.  Compile the annual budget of the borough based upon detailed department estimates and work programs and control it under direction of the mayor;

C.  Certify all appropriation encumbrances as to availability of appropriation balances and funds;

D.  Prepare and submit to the mayor such financial reports and other data as may be required;

E.  Prescribe and control such procedures as are necessary to protect borough funds and property;

F.  Perform such other duties as the mayor may require. (Code 1986 § 2.28.060)

Chapter 2.20
BOROUGH OFFICERS GENERALLY

Sections:

2.20.010 Appointment of officers.

2.20.015 Appointment by special counsel.

2.20.020 Prohibitions.

2.20.030 Oath of office.

2.20.040 Conflicts of interest.

2.20.050 Salaries of officials.

2.20.010 Appointment of officers.

The borough clerk, attorney, treasurer and police chief are appointed by the mayor. Officers serve at the pleasure of the appointing authority. Appointments by the mayor are subject to confirmation by the assembly. (Code 1986 § 2.20.080)

2.20.015 Appointment by special counsel.

A.  Special legal council may be identified and appointed by the majority vote of the assembly to provide the assembly with an opinion, investigation or advice regarding any issue identified by the assembly. Upon appointment, the borough attorney shall expeditiously retain such special counsel upon terms authorized by the assembly.

B.  If the assembly cannot identify an attorney, the assembly may by majority vote direct the borough attorney to solicit proposals from qualified attorneys to provide legal services to the assembly. Upon receipt of the proposals, the assembly president and vice president shall select a proposal to submit to the full assembly for approval and appointment. (Ord. 96-06 § 1, 1996)

2.20.020 Prohibitions.

No person may be appointed to or removed from municipal office or in any way favored or discriminated against with respect to a municipal position because of his race, color, sex, creed, national origin or, unless otherwise contrary to law, because of his political opinions or affiliations. (Code 1986 § 2.20.090)

2.20.030 Oath of office.

A.  All officers elected or appointed before entering upon the duties of office shall affirm in writing the following oath and affirmation:

I _________ do solemnly swear that I will support the Constitution of the United States and state of Alaska and the laws and ordinances of the Northwest Arctic Borough, state of Alaska, and that I will honestly, faithfully and impartially perform the duties of the office of __________. So help me God.

B.  The oath is filed with the borough clerk. (Code 1986 § 2.20.060)

2.20.040 Conflicts of interest.

A member of the governing body shall declare a substantial financial interest the member has in an official action and ask to be excused from a vote on the matter. The presiding officer shall rule on the request for abstention (excusal). The decision of the presiding officer on the request may be overridden by the majority vote of the assembly. An employee or official of the borough, other than an assembly member, may not participate in an official action in which he has a substantial financial interest under AS 29.20.010. (Code 1986 § 2.20.100)

2.20.050 Salaries of officials.

The assembly may fix by ordinance the salaries of elected and appointed officials. Per diem payments or reimbursements for expenses are not compensation under this section. Commissions, boards and committees as appointed by the assembly, or elected, shall be compensated $100.00 a day for each meeting day attended. (Ord. 86-15 § 1, 1986; Code 1986 § 2.20.070)

Chapter 2.24
FINANCE DEPARTMENT

Sections:

2.24.010 Creation – Appointments.

2.24.010 Creation – Appointments.

There shall be a finance department, the head of which shall be the treasurer. The finance director may create divisions in the finance department, with approval of the mayor, the officers of which shall be appointed by the mayor and under the direction of the treasurer. The number of employees shall be determined by, and each such employee shall be appointed by the mayor except as he may delegate such power to the treasurer. (Code 1986 § 2.28.070)

Chapter 2.32
MEETINGS OF MUNICIPAL BODIES

Sections:

2.32.010 Meetings – Public.

2.32.020 Meetings – Private.

2.32.030 Public notice of meetings.

2.32.040 Publication.

2.32.050 Meeting incentives.

2.32.010 Meetings – Public.

Meetings of all municipal bodies shall be public as provided in AS 44.62.310. The assembly shall provide reasonable opportunity for the public to be heard at regular and special meetings. (Code 1986 § 2.20.010)

2.32.020 Meetings – Private.

A.  All meetings of the assembly, subcommittees of the assembly, boards, administrative agencies and commissions created by this code or by the assembly, shall be open to the public; provided, however, that the following excepted subjects may be discussed in a private meeting by any of the above:

1.   Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the government unit;

2.   Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion;

3.   Matters which by law, municipal charter, or ordinance are required or permitted to be confidential.

B.  The following shall be discussed in a private meeting when the best interests of the borough so require:

1.   Negotiations with labor organizations representing borough employees;

2.   Discussions of contracts or pending or threatened lawsuits in which the borough has an interest.

C.  Notwithstanding any other provision of law, reorganization at the assembly to elect a presiding officer shall be in a public session.

D.  If excepted subjects are to be discussed at a meeting, the meeting must first be convened as a public meeting, and the question of holding a private meeting to discuss matters that come within the exceptions contained in subsections (A) and (B) of this section shall be determined by a majority vote of the body. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed private meeting without defeating the purpose of addressing the subject in private. No subjects may be considered at the private meeting except those mentioned in the motion calling for the private meeting unless auxiliary to the main question. No action may be taken at the private meeting, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations. (Ord. 00-11 § 2, 2000; Ord. 95-02 § 6a, 1995; Code 1986 § 2.20.020)

2.32.030 Public notice of meetings.

Reasonable public notice shall be given of all meetings of an administrative body, board, commission, committee, subcommittee, authority, agency or other organization including subordinate units of the above groups of the borough including but not limited to assembly, school board, platting board, commissions or organizations advisory or otherwise of the borough. (Code 1986 § 2.20.030)

2.32.040 Publication.

For the purpose of giving notice of meetings, reasonable public notice is given if a statement containing the date, time and place of the meeting is published not less than 24 hours before the time of the meeting unless a different period is required or permitted by law. Except for the time period, notice shall be published as required by NABC 2.08.030(C). (Ord. 00-11 § 4, 2000; Code 1986 § 2.20.040)

2.32.050 Meeting incentives.

Subject to appropriations and in the mayor’s discretion, modest door prizes or other incentives may be offered to encourage attendance at borough public meetings. Total incentives for any meeting shall not exceed $300.00 in aggregate value of either products, services or cash awards. Incentives may only be offered to encourage attendance at informational or other meetings at which no votes will be taken or other decisions made. (Ord. 01-02 § 1, 2001)

Chapter 2.36
CODE OF ETHICS

Sections:

2.36.010 Statement of policy.

2.36.020 Purpose.

2.36.030 Definitions.

2.36.040 Findings.

2.36.050 Application of provisions.

2.36.060 General standards of ethical conduct.

2.36.070 Conflict of interest – Commercial activity.

2.36.080 Conflict of interest – Gifts, loans and travel.

2.36.090 Conflict of interest – Voting.

2.36.100 Drugs and alcohol – Prohibited acts.

2.36.110 Assembly general authorities.

2.36.120 Ethics committee.

2.36.130 Request for advisory opinions.

2.36.140 Ethics violation proceedings.

2.36.150 Procedures for filing an ethics complaint.

2.36.160 Complaint review – Dismissal – Complaint notice and response.

2.36.170 Complaint investigation and findings.

2.36.180 Accusation and hearing.

2.36.190 Penalties for violations.

2.36.200 Removal of public official.

2.36.210 False complaints – Penalties.

2.36.220 Reasonable costs and attorney’s fee.

2.36.230 Voidable contracts.

2.36.240 Civil penalties and payment of benefit.

2.36.010 Statement of policy.

It is essential that the public and citizens of the Northwest Arctic Borough have trust in the integrity, independence, and impartiality of their elected and appointed public officials.

The public entrusts its power and resources to its officials to use only in the public’s best interest and expects borough public officials to fulfill their public duties and responsibilities faithfully, honestly and ethically. Elected and appointed officials hold a position of public trust and the public has the right to expect that public officials will conduct themselves in a manner that will preserve public confidence, trust and respect for the government.

It is the responsibility of each public official to act in a manner that upholds public trust and governmental integrity by abiding by all applicable laws and avoiding lawful activities that may have even the appearance of impropriety. Such confidence depends not only on the lawful conduct of those who exercise official power, but on their personal ethical principles and conduct as well.

To promote confidence in the government of the Northwest Arctic Borough and its elected and appointed officials, and for enhancing the borough’s ability to function effectively, it is borough policy that all elected and appointed public officials govern their conduct by the following principles:

A.  Public officials should perform public service as a public trust to serve others, not themselves.

B.  Public officials should use the power of the borough for the well being of all borough citizens.

C.  Public officials should create and maintain a professional environment of honesty, openness, integrity, equality and fairness.

D.  Public officials should conduct themselves in a manner compatible with the borough’s best interests and governing principles and avoid even the appearance of impropriety. (Ord. 02-06 § 1, 2002)

2.36.020 Purpose.

A.  The purpose of this chapter is:

1.   To state and identify reasonable standards of ethical conduct for public officials;

2.   To encourage public officials to pursue the highest ethical ideals which they can achieve;

3.   To inform public officials and the public of the standards of ethical conduct to which public officials must adhere; and

4.   To promote public trust in the integrity of public officials and government by establishing and enforcing standards of ethical conduct.

B.  This chapter is also intended to establish a process to ensure that complaints or inquiries regarding the conduct of elected and appointed officials are resolved in the shortest practicable time in order to protect the rights of the public at large and the rights of the officials. Additionally, this chapter establishes penalties, as appropriate, for public officials who violate the public trust and the standards of this ethics code. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.010)

2.36.030 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Alcohol test” means any scientifically accepted and valid analytical method or test procedure performed under reasonable and sanitary conditions to determine the percent of alcohol in the blood.

“Borough” means the Northwest Arctic Borough and, where the context requires, the Northwest Arctic Borough school district.

“Breach of public trust” means, for the purpose of this chapter, a knowing violation of the ethical standards and policies as defined in this chapter which injures the reputation of the borough, interferes or hampers the work of the borough government or tends to erode public confidence in the integrity and trust of public officials or the government.

“Campaign activity” means any act for the purpose of influencing the nomination or election of a person to public office, or for the purpose of influencing a ballot proposition or question.

“Confidential information” means information that has been obtained in the course of holding public office or otherwise acting as a public servant, which, by law or regulation, is not available to the public, and which the public official is not authorized to disclose.

“Contribution” has the same definition as in 2 AAC 50.313 or any successor regulation to 2 AAC 50.313, and except as limited in this chapter, includes any payment, gift, subscription, loan, advance, transfer, deposit of money, services or anything of value made or given by a person or group for the purpose of influencing an election.

“Controlled substance” means any drug, substance, or immediate precursor as defined and regulated by state or federal laws, except that within the meaning of this chapter, the term does not include any drug or substance which has been lawfully prescribed by an authorized person for the use of a public official, and which is used in accordance with the prescription.

“Convicted” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of criminal statutes, including all drug, alcohol, and controlled substance laws, as defined herein and under federal, state or local laws.

“Criminal drug or alcohol statute” means a federal, state, municipal or tribal criminal statute or ordinance involving the illegal manufacture, distribution, importation, dispensing, possession, influence, or use of alcohol, any illegal drug or controlled substance, as defined in this chapter or under state or federal laws.

“Criminal statute” means any federal, state, municipal or tribal criminal statute or ordinance involving illegal activity, conduct or behavior, including all classes of felonies, involving theft, child abuse or other dishonest or immoral acts prohibited by law, and misdemeanors involving violations of alcohol, drugs, controlled substances or moral turpitude.

“Drug test” means testing for evidence of the use of a drug or controlled substances, such as a multiple-step urine test which involves an immunoassay screening method approved by the Food and Drug Administration, and confirmation by use of Gas Chromatography and Mass Spectroscopy (GC/MS) or other scientifically accepted and valid analytical method or test procedures.

“Drunken state” means the condition of a drunken person, as defined in AS 4.21.080(b)(8), or any successor statute, whose physical or mental conduct is substantially impaired as a result of the introduction of an alcoholic beverage into the person’s body and who either exhibits those plain and easily observed or discovered outward manifestations of behavior commonly known to be produced by the overconsumption of alcoholic beverages, or has a positive alcohol test.

“Engaging in business” means submitting a written or oral proposal to supply goods, services or other things of value or furnishing goods, services or other things of value, for consideration.

“Gratuity” means a thing having value given voluntarily or beyond lawful obligation, in return for, or in anticipation of, any service or consideration in connection with the recipient’s performance of duties.

“Illegal drugs” means “controlled substances,” as defined in 21 USC Section 802 and listed in 21 USC Section 812, or any subsequent amendments to these federal statutes and as defined in AS 11.71.900(4), or any successor statute under state law.

“Immediate family” means anyone who, by blood or adoption, is a child, spouse, sibling or parent of a public official.

“Knowingly” means acting with awareness or substantial certainty with respect to conduct or to circumstances surrounding such conduct.

“Moral turpitude” means conduct or behavior that gravely violates moral sentiments or accepted moral standards of the community.

“Nonprofit, service organization” means a corporation, committee, commission or similar organization formed to provide health, housing, resource management primarily as a not-for-profit public service.

“Notice” means written notice given through personal delivery, certified mail or other means reasonably calculated to notify a person of an action or event.

“Organization” means any entity, corporation, partnership, firm or association, whether organized for profit or nonprofit other than an individual or governmental agency.

“Personal interest” means the interest of a person or his or her immediate family from which a person receives a benefit, and which interest is not shared by the general public.

“Positive drug or alcohol test” means the presence of alcohol, an illegal drug or an illegal controlled substance in an individual’s system, as determined by appropriate testing of a bodily specimen, that indicates a violation of legal levels as prescribed by law. This is referred to as a positive test, positive level, prohibitive level, or positive screen.

“Public official” means a person occupying a borough public office as the mayor, an assembly member, a commission member, or a board member, including any member of the Northwest Arctic Borough school board, the school district superintendent, school district attorney or any office required by law to be appointed by the mayor and confirmed by the assembly.

“Substantial financial interest” means a financial interest that is of a magnitude that it would be the primary reason for a person’s act to benefit himself or herself or a member of his or her immediate family. A substantial financial interest does not include a financial interest of a type that is generally possessed by the public or by a large class of persons to which the public official belongs. (Ord. 02-06 § 1, 2002; Ord. 96-01, 1996; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.030)

2.36.040 Findings.

A.  It is not the intent of this chapter to set unreasonable barriers that will deter qualified persons from entering or remaining in public service, but rather it is recognized that the Northwest Arctic Borough is a sparsely populated, isolated community with a limited population from which to draw its leaders. Many of the borough’s leaders are also shareholders of corporations formed under the Alaska Native Claims Settlement Act or officials of such corporations or of nonprofit service organizations providing public services to borough residents. Therefore, the following factors are to be considered in the construction and application of this chapter:

B.  The assembly finds that:

1.   Traditional communities of the borough are isolated, rural and small in population;

2.   The majority of the public in the borough hold unmarketable shares in village or regional corporations established under the Alaska Native Claims Settlement Act (ANCSA);

3.   A native shareholder in an ANCSA village or regional corporation generally cannot market or otherwise insulate himself or herself from his or her shares;

4.   Most public officials of the borough, either directly or through their family members, hold shares in a village or an ANCSA regional corporation doing business in the borough and active in the cash economies of traditional communities of the borough;

5.   Some borough public officials are employed by or officials of ANCSA corporations or of nonprofit service organizations located within the borough or elsewhere.

6.   To require public officials to abstain from voting on a public issue that might, or will benefit, an ANCSA regional or village corporation or nonprofit, public service organization would oftentimes undermine the assembly’s and borough boards’ and commissions’ ability to function because a majority and sometimes all members would be prohibited from voting; and

7.   To require the mayor to abstain from deciding a public issue that might or will benefit an ANCSA regional or village corporation or nonprofit service organization would oftentimes undermine the mayor’s ability to function, because historically the mayor has owned ANCSA regional and village corporation shares and those qualified to act as mayor work at the pleasure of the mayor and will likely own shares in an ANCSA regional and village corporation or have ties to a nonprofit service organization. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.020)

2.36.050 Application of provisions.

A.  Unless otherwise specified, the provisions of this chapter apply to any borough public official. They do not apply to other borough or school district employees who are not “public officials” as defined in NABC 2.36.030.

B.  It is the intent of this chapter that separate but substantially uniform procedures for investigation, enforcement or other response to ethics issues shall be employed by the Northwest Arctic Borough and the Northwest Arctic Borough school district.

C.  Except as otherwise specified, in ethics matters involving the Northwest Arctic Borough school district, this chapter shall be implemented by and apply to the school board instead of the assembly, to the superintendent instead of the mayor, and the school district attorney instead of the borough attorney. The borough clerk shall perform the same functions for the school district as for the borough as prescribed in this chapter.

D.  The provisions of this chapter supersede any provision of the common law relating to conflict of interest for public officials. (Ord. 02-06 § 1, 2002; Ord. 97-04 § 1, 1997; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.040)

2.36.060 General standards of ethical conduct.

A.  Public officials shall conduct themselves in a manner which does not injure the reputation of the borough or which does not hamper the work and official business of the assembly or school board.

B.  Public officials shall meet the standards of ethical conduct and policies as established in this chapter.

C.  Public officials shall abide by all general laws of the borough, state and federal government. In addition to being a violation of other laws, it is also a violation of this chapter for any public official to:

1.   Be convicted of any felony or misdemeanor involving moral turpitude, such as child abuse or neglect or crimes involving dishonesty, whether or not the crime relates directly to the duties of the public official as a public servant; or

2.   Be found guilty of violating any laws prohibiting discrimination against any protected class or violating any laws prohibiting sexual harassment; or

3.   Be found guilty of violating any laws prohibiting retaliation against public servants who assert a lawful claim of any nature or otherwise engage in lawfully protected activity; or

4.   Be found guilty of violating any local, borough, state or federal law prohibiting the illegal possession, transportation, importation or consumption of alcohol, drugs or other controlled substances; or

5.   Be convicted of chronic violation of other general federal, state, borough or local laws.

D.  Public officials shall not divulge to any unauthorized person confidential information acquired in the course of holding his or her public office in advance of the time or manner prescribed by the provisions of this code or by any other applicable confidentiality laws.

E.  Public officials have a general duty to report any ethical violations of this chapter. Any person may report an ethical violation to any official, who shall forward the report to the mayor, an ethics committee member, or the assembly or school board presiding officer for further processing of such report in accordance with this chapter.

F.  All public officials shall respond fully and truthfully to any inquiries by the borough attorney, ethics committee or otherwise authorized persons in connection with an investigation of an alleged or potential violation of this chapter. Officials shall cooperate fully in any investigation, and shall provide required information as may be requested, unless such information is exempt from disclosure under other applicable law.

G.  A public official shall not knowingly, recklessly or maliciously file a false complaint or give false information or false testimony in a proceeding or investigation connected with an alleged violation of the standards contained in this chapter.

H.  A public official shall not aid another public official of the borough in a violation of the standards contained in this chapter. (Ord. 02-06 § 1, 2002)

2.36.070 Conflict of interest – Commercial activity.

Public officials may not:

A.  Request, use or permit the use of borough property or equipment, or of a public official’s or employee’s borough-compensated time for nonborough purposes, unless that use is available to the general public on the same terms or is approved by the mayor;

B.  Request, use or permit the use of borough property or equipment, or of a public official’s or employee’s borough-compensated time to conduct campaign activity unless that use is available to the general public on the same terms;

C.  Use information peculiarly within the public official’s knowledge or purview concerning the property, government or affairs of the borough to advance the personal interest of the public official or the official’s immediate family;

D.  Accept any form of gift, loan or gratuity in exchange for the performance of the public official’s duties other than the compensation and benefits provided by the borough, except as provided in NABC 2.36.080(B);

E.  Engage in business with the borough, or be a party to the purchase of goods or services for the use of the borough from any person or organization in which the public official or a member of the official’s immediate family has a substantial financial interest, unless the financial interest is first disclosed, and the transaction or purchase is approved in advance by the assembly or school board or secured through competitive bidding;

F.  Take any action to influence the borough’s solicitation of any bid or proposal from a person or organization in which the public official or a member of the official’s immediate family has a substantial financial interest;

G.  Take any action in his/her capacity as a public official in regard to any contract with the borough in which the public official or a member of the official’s immediate family has a substantial financial interest, or in regard to any sale of land, material, supplies or services to the borough or to a contractor supplying the borough, if the public official or a member of the official’s immediate family has a substantial financial interest in such sale, unless the financial interest is first disclosed, and the sale or contract is secured through competitive bidding or is approved in advance by the assembly or school board;

H.  Represent, advise or assist a person or organization for pay or other benefit to the public official in any matter involving the public official’s public duty. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.170), 1995)

2.36.080 Conflict of interest – Gifts, loans and travel.

A.  Public officials of the borough shall not request or receive a gift, loan or trip, personally or for the official’s immediate family members, if:

1.   That gift, loan or trip would tend to influence the public official in the discharge of his or her official duties; or

2.   The public official may in the foreseeable future be involved in any official action directly affecting the donor or lender.

B.  Exceptions. This section shall not apply in the case of:

1.   Occasional nonmonetary gifts, not to exceed a total value of $250.00 from any single donor in a single calendar year;

2.   An award publicly presented in recognition of public service;

3.   A commercially reasonable loan made in the ordinary course of business by an institution authorized to engage in the making of such loans, or a Northwest Arctic Borough loan available to the public official on the same terms as to the general public;

4.   A political campaign contribution; provided, that the contribution is reported and used in the manner required by the applicable federal, state and local law;

5.   Discounts that are generally available to the public or to a large class of persons to which the public official belongs;

6.   Food, wildlife products and materials that are generally given or shared locally as a part of traditional cultural activities;

7.   Ordinary hospitality in a private home; or

8.   Travel, subject to the following restrictions:

a.   All travel accepted must be for furtherance of a valid public purpose, and

b.   All travel accepted must be approved in advance by the mayor or superintendent in consultation respectively with the assembly or school board presiding officer. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.180)

2.36.090 Conflict of interest – Voting.

A.  The mayor shall declare to the assembly any substantial financial interest he has in an official action. The superintendent shall declare such interest to the school board.

B.  A member of the assembly, school or other borough board or commission shall declare any substantial financial interest the member or a member of their immediate family has in an official action and ask to be excused from a vote on the matter.

C.  The presiding officer shall rule on a request by a member of a borough body to be excused from a vote.

D.  The decision of the presiding officer on a request by a member of a borough body to be excused from a vote may be overridden by the majority vote of the body’s membership. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.190)

2.36.100 Drugs and alcohol – Prohibited acts.

Public officials of the borough may not:

A.  Be in a drunken state while conducting borough business; or

B.  Be in a drunken state during a period in which the borough body, of which the official is a member, is conducting a meeting, regardless of whether the official attends the meeting; or

C.  Manufacture, distribute, dispense, sell, possess, use or have a positive test for an illegal drug while conducting borough business; or

D.  Manufacture, distribute, dispense, sell, possess, use or have a positive test for an illegal drug during a period in which the borough body of which the official is a member is conducting a meeting, regardless of whether the official attends the meeting; or

E.  Be convicted of violating a criminal drug or alcohol statute as defined herein or by law. (Ord. 02-06 § 1, 2002; Ord. 96-01, 1996; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.200)

2.36.110 Assembly general authorities.

A.  Notwithstanding the provisions of this chapter, the assembly retains the authority to reprimand its members for conduct tending to injure the reputation of the borough or which hampers the work of the assembly, including the authority to order its members to take such actions as may be deemed necessary to correct such conduct. The assembly shall exercise this authority pursuant to procedures prescribed by this chapter or otherwise provided by Robert’s Rules of Order or such other rules as may be prescribed by the assembly.

B.  If the assembly, by majority vote, believes that a violation of a standard contained in this chapter by an elected official may be grounds for removal from office, the assembly may initiate proceedings for removal by filing a complaint in accordance with provisions of this chapter or such other means as permitted by law. (Ord. 02-06 § 1, 2002)

2.36.120 Ethics committee.

A.  As required or necessary to implement the provisions of this chapter, the assembly shall establish and appoint an ethics committee, as prescribed under NABC 2.04.070. Membership shall be composed of three assembly members appointed by the president, for a period of one year. The assembly or the ethics committee may provide procedures for operation of the committee. The borough attorney or independent counsel shall serve as the legal advisor for the ethics committee.

B.  The ethics committee shall meet as frequently as it deems necessary to conduct committee business, complaint inquiries, investigations or hearings, but no less than once a year to monitor or review the provisions of this chapter.

C.  The ethics committee shall:

1.   Conduct inquiries into reports of alleged or potential ethical violations, whether the allegation arises from an attorney advisory opinion, a formal complaint or investigation, or is brought to the ethics committee on its own motion, by request of the mayor or by report of the public as provided for in this chapter.

2.   Develop specific recommendations for necessary further action for full assembly approval as appropriate and in accordance with this chapter.

3.   Review formal ethical violation complaints and conduct investigative hearings as needed to hear and decide specific recommendations or actions, including the filing of a formal accusation and requesting the appointment of a hearing officer.

4.   When appropriate, and with the assistance of the borough attorney or independent counsel, assist the hearing officer in compelling, by subpoena, attendance and testimony of witnesses and the production of information necessary for the formal investigation and hearing of alleged ethics code violations.

5.   Implement and enforce the provisions of this chapter including developing recommended corrective actions, sanctions, or other penalties and disciplinary actions, including recommendation of possible removal from office, for assembly consideration, as provided in this chapter or by law.

6.   Recommend or adopt rules, procedures, and policies to accomplish the purposes of this chapter, and other duties as requested by the assembly and necessary to implement this chapter. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.20.080), 1995)

2.36.130 Request for advisory opinions.

A.  Upon approval of the mayor or assembly president, the ethics committee, a public official or any other person may request a written opinion from the borough attorney relating to any situation involving a public official which may give rise to the possibility of a violation of the standards contained in this chapter.

B.  Requests for advisory opinions shall be in writing, shall set forth the pertinent facts and shall be signed by the person making the request. The request shall be held in confidence and no disclosure of it shall be made except as necessary for the borough attorney to obtain sufficient facts upon which to make a ruling.

C.  A public official is not liable under this chapter for any action carried out in accordance with the determination made under this section if the public official fully disclosed all relevant facts reasonably necessary to the determination.

D.  The borough attorney may, because of changes in factual information or changes in the law, reconsider, revoke or modify an advisory opinion. Prior to revoking or modifying an opinion, the borough attorney shall give the subject of the opinion notice and an opportunity to respond.

E.  A public official, ethics committee or hearing officer may rely upon an advisory opinion that is currently in effect concerning that public official. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1, 1995; Code 1986 § 2.22.050)

2.36.140 Ethics violation proceedings.

The following general provisions shall apply to all alleged ethical violation inquiries, complaint administration and investigations:

A.  Unless the subject of the complaint, in writing, waives confidentiality, complaints and investigations prior to formal hearings before the hearing officer are confidential, except to the extent disclosure is necessary for the borough attorney or independent counsel, ethics committee or hearing officer to obtain sufficient facts upon which to make a finding, recommendation or conclusion.

B.  No member of the assembly, ethics committee or persons responsible for administering the provisions in this chapter shall receive or otherwise engage in ex parte communications with the subject of the complaint, investigation, or accusation proceeding during the period of time the matter is subject to inquiry or investigation. Insofar as practicable, communications between borough staff, the ethics committee and assembly members should avoid discussion of the merits, evidence or other nonprocedural matters related to a specific complaint, investigation, accusation or hearing.

C.  Lack of cooperation or premature public disclosure by the complainant in an investigation, the withdrawal of a complaint, or restitution by the subject of the complaint may, but does not automatically, justify the termination of an investigation or proceeding. (Ord. 02-06 § 1, 2002)

2.36.150 Procedures for filing an ethics complaint.

A.  Any person may file a written complaint with the mayor, borough clerk or borough attorney alleging a violation of this chapter by any public official. All complaints will be forwarded to the borough clerk for administrative processing.

B.  The complaint must be written, verified under oath and contain a clear statement of the factual allegations upon which the alleged violation is based.

C.  The borough clerk shall acknowledge receipt to the complainant, and forward the complaint simultaneously to the ethics committee chair, or if appropriate, to the assembly or school board presiding officer to form an ethics committee as prescribed in NABC 2.36.120.

D.  Complaints that allege a violation by the mayor or borough attorney may be referred for review to independent counsel appointed by the assembly. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.060), 1995)

2.36.160 Complaint review – Dismissal – Complaint notice and response.

A.  The borough attorney or independent counsel shall review each complaint to analyze whether it contains allegations which, if true, would constitute a violation of the standards contained in this chapter and to forward his or her findings to the ethics committee and recommend whether the complaint warrants further enforcement proceedings under this chapter.

B.  The ethics committee shall review the complaint together with the attorney’s analysis and recommendations to determine if the complaint warrants further investigation.

C.  If it is determined that a complaint does not warrant investigation, the complaint shall be dismissed and the public official shall be notified in writing of the dismissal. The assembly retains the authority to take other actions it deems appropriate to enforce the ethical principles and policies of this chapter as prescribed in NABC 2.36.110.

D.  If the ethics committee determines that a complaint warrants further investigation, the borough attorney or independent counsel shall serve a copy of the complaint on all parties named in the complaint and give full and fair disclosure in writing of all factual allegations and circumstances relevant to the alleged violation, a complete statement of potential charges and notify the parties of their opportunity to respond.

E.  Failure to respond within 20 days after receipt, or within an additional time period granted in writing by the ethics committee or the borough attorney or independent counsel, may be considered an admission of the allegations in the complaint. A public official may request an extension of time to respond of up to an additional 40 days, and the first such request shall be granted. Misrepresentation of a material fact in response to the ethics committee or to the borough attorney or independent counsel is a violation of the standards contained in this chapter. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.070), 1995)

2.36.170 Complaint investigation and findings.

A.  The ethics committee is empowered to investigate allegations of violations of the provisions of this chapter, and, in furtherance of any investigations, the committee shall review the complaint response and any other oral or written permitted information or evidence, and may request the production of further evidence and interview witnesses.

B.  After investigation, the ethics committee may dismiss a complaint for lack of probable cause to believe that a violation occurred. The complainant and the public official shall be notified in writing of the dismissal. The assembly retains the authority to take other actions it deems appropriate to enforce the ethical principles and policies of this chapter as prescribed in NABC 2.36.110.

C.  If the ethics committee determines that the conduct of the subject of a complaint does not warrant additional formal procedures under this chapter, it shall recommend action to the assembly to correct or prevent a violation of the standards contained in this chapter and upon approval of the assembly provide the recommendations in writing to the subject of the complaint and to the complainant.

D.  If the ethics committee determines that there is probable cause to believe that a violation of the standards contained in this chapter occurred, and that the violation has occurred that cannot be corrected under subsection (C) of this section, or that the subject of a complaint failed to comply with the recommendation for corrective or preventive action, the committee shall file a formal statement of charges and an accusation alleging a violation of the standards contained in this chapter with the mayor and assembly president, and request the appointment of a hearing officer. The accusation shall be served on the subject of the accusation and shall become a public document. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.060, 2.22.080), 1995)

2.36.180 Accusation and hearing.

A.  Upon request of the ethics committee under NABC 2.36.170(D), an independent hearing officer shall be appointed by the mayor, subject to assembly approval, unless the subject of the proceedings is the mayor, in which case the assembly shall appoint a hearing officer.

B.  The borough attorney or independent counsel shall serve notice of the accusation and the appointment of the hearing officer upon the subject of the accusation. The notice shall provide a clear statement of the charges and specify the time and date of the public hearing to be conducted by the hearing officer.

C.  The subject of the accusation shall file an answer with the hearing officer within 20 days after notice of the accusation, or at a later time specified by the hearing officer. Failure to respond to the accusation may result in the allegations being deemed admitted. A public official may request an extension of time to answer of up to an additional 40 days, and the first such request shall be granted.

D.  If the subject of the accusation denies that a violation of the standards contained in this chapter has occurred, the hearing officer shall schedule a hearing pursuant to the administrative procedures provided in this chapter and such other procedures consistent with this chapter as the assembly may provide. The hearing officer may reschedule any hearing as necessary due to weather or other appropriate circumstances.

E.  Hearings under this chapter shall be conducted as administrative hearings by the hearing officer. In its discretion, the assembly may direct that the hearing conducted by the hearing officer be in the presence of the ethics committee or full assembly. The formal rules of evidence need not apply to hearings under this chapter, but the hearings shall be recorded, and the hearing officer shall render a final decision in writing with supporting findings and conclusions. All hearings shall be open to the public.

F.  The hearing officer shall have the power to administer oaths, subpoena witnesses and compel production of books and papers pertinent to a hearing authorized by these rules. Subpoenas shall be issued by the borough clerk and served by a peace officer or process server. The borough attorney or independent counsel shall present the evidence supporting the accusation of violation. The subject of the accusation may appear in person or through counsel.

G.  Telephonic hearings are generally discouraged, but may be allowed if special circumstances exist which make it impossible or otherwise very burdensome. Telephonic appearances require approval of the hearing officer. All requests for telephonic appearance shall be in writing, clearly state the circumstances creating the difficulty, and should be submitted to the hearing officer no later than 30 days before the scheduled hearing date.

H.  If the subject of the accusation fails to appear before the hearing officer, the subject of the accusation will proceed as scheduled, and any documents or evidence submitted by the subject of the accusation will be presented to the hearing officer at the time of the hearing.

I.  If the subject of the accusation admits to the violation of the standards contained in this chapter, the hearing officer shall determine the appropriate penalties, including the possibility of removal of office, to recommend to the ethics committee or for assembly action.

J.  No later than 60 days following the hearing conducted under this chapter, the hearing officer shall issue a written decision based on findings and conclusions of the hearing. Such findings must be in writing and must be reasonably specific so as to provide interested persons, and where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the hearing officer’s decision. The decision, findings of fact, and conclusion of law shall be forwarded to all parties to the hearing.

K.  The final decision by the hearing officer shall be advisory only. If the hearing officer concludes that an elected official has violated a standard contained in this chapter, he or she shall report his or her findings and recommend corrective action or penalties to the ethics committee and the assembly as appropriate. The assembly may decide all matters pertaining to the accusation, may exercise independent judgment as to the weight of evidence supporting or refuting the accusation, and may exercise independent judgment on legal issues raised by the parties.

L.  A decision of the hearing officer reached at the conclusion of a hearing may be reconsidered or reheard only if there was substantial procedural error in the original proceedings or the original decision was based on fraud or misrepresentation. Any person seeking reconsideration or rehearing must file a request with the borough clerk together with the materials supporting one or more of the grounds stated above within five business days after the date of the final decision for which reconsideration or rehearing is requested. A rehearing shall be conducted in the same manner as the original proceeding.

M.  Any aggrieved party may seek an appeal before the Superior Court of the state of Alaska only after final exhaustion of all administrative remedies as described in this chapter. All such judicial appeals are appeals on the record, and no new evidence or issues may be presented. Both parties are limited to the record on appeal, except to the extent that the Alaska Rules of Civil Procedure requires otherwise. The venue for any appeal to the Superior Court will be the Second Judicial District at Kotzebue. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.100, 2.22.090), 1995)

2.36.190 Penalties for violations.

A.  In addition to the actions permitted in NABC 2.36.110 and 2.36.170(C) or any other provision of this chapter, if the assembly determines, upon recommendation of the ethics committee or hearing officer, that a public official of the borough has violated a standard contained in this chapter, it shall order the public official to stop engaging in any official action related to the violation; may order divestiture, establishment of a blind trust, restitution, forfeiture, private or public censure.

B.  If the assembly determines that a member of a board or commission has violated a standard contained in this chapter, it shall, in addition to the penalties listed in subsection (A) of this section, order the member to refrain from voting, deliberating or participating in the matter.

C.  If the assembly determines that a former public official violated a standard contained in this chapter, it may issue a public statement of its findings, conclusions and recommendations and may recommend the borough attorney seek whatever legal and equitable remedies are available to the borough. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.110), 1995)

2.36.200 Removal of public official.

A.  A violation of a standard contained in this chapter is a breach of public trust and is grounds for removal of a public official as prescribed in this chapter or by any means not prohibited by law.

B.  Upon the recommendation of a public hearing officer, an elected public official may be removed by a two-thirds majority vote by the assembly in accordance with Charter Section 2.05(2)(J) or 8.02(5), unless otherwise prohibited by law.

C.  An aggrieved public official may seek an appeal of his or her removal as provided in NABC 2.36.180(M). (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.120), 1995)

2.36.210 False complaints – Penalties.

The borough may:

A.  Seek legal or equitable recourse in a court of law against any person who knowingly, maliciously or recklessly files a false complaint, or gives false information or false testimony in a proceeding or investigation connected with an alleged violation of the standards contained in this chapter; or

B.  Take disciplinary action, up to and including discharge, against a borough employee in addition to the remedies set forth in subsection (A) of this section, if that employee knowingly, maliciously or recklessly files a false complaint or gives false information or false testimony in a proceeding or investigation connected with an alleged violation of the standards contained in this chapter. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.140), 1995)

2.36.220 Reasonable costs and attorney’s fee.

If a public official successfully defends a complaint or an accusation, after a public hearing, and the assembly, upon advice from the hearing officer, finds that the accusation lacks substantial merit, then the public official shall be entitled to reasonable costs and attorney’s fees from the borough. It is the intent of this chapter that the borough shall not be liable for such costs and fees levied by the school board, nor that the Northwest Arctic Borough school district shall be liable for such costs and fees levied by the assembly. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.150), 1995)

2.36.230 Voidable contracts.

Any contract entered into in violation of the standards contained in this chapter is voidable. The mayor or the assembly may void any such borough contract at any time within one year of the discovery of the violation. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.160), 1995)

2.36.240 Civil penalties and payment of benefit.

The assembly may recommend that the borough initiate a civil action to impose civil penalties not to exceed $300.00 for a violation of the standards contained in this chapter. The penalty imposed under this section is in addition to and not instead of any other penalty that may be imposed according to law. (Ord. 02-06 § 1, 2002; Ord. 94-04 § 1 (2.22.130), 1995)

Chapter 2.40
EDUCATION POWERS

Sections:

2.40.010 Adoption.

2.40.020 School board – Election.

2.40.030 Relationship between school district and borough.

2.40.010 Adoption.

The Northwest Arctic Borough adopts education powers on an areawide basis. (Ord. 86-03 § 1, 1986; Code 1986 § 2.60.010)

2.40.020 School board – Election.

A.  The borough constitutes the Northwest Arctic school district, of which the governing body is the Northwest Arctic school board.

B.  Members of the school board are elected at the regular election held annually on the first Tuesday of October, unless a different election date or interval of years is provided by ordinance, for three-year terms and until their successors take office. All board members are elected by district in accordance with NABC 2.04.010 and shall also comply with NABC 2.04.060, conflict of interest deadline. (Ord. 86-17 § 1, 1986; Ord. 86-03 § 2, 1986; Code 1986 § 2.60.020)

2.40.030 Relationship between school district and borough.

A.  The borough assembly may by ordinance require that all school money be deposited in a centralized treasury with all other borough money. The borough administrator shall have the custody of, invest and manage all money in the centralized treasury. However, the borough assembly, with the consent of the borough school board, may by ordinance delegate to the borough school board the responsibility of a centralized treasury.

B.  When the borough school board by resolution consents, the borough assembly may by ordinance provide a centralized accounting system for school and all other borough operations. The system shall be operated in accordance with accepted principles of governmental accounting. However, the assembly, with the consent of the borough school board, may by ordinance delegate to the borough school board the responsibilities of the accounting system.

C.  The borough assembly shall determine the location of school buildings with due consideration to the recommendations of the borough school board. To the maximum extent consistent with education needs, design of a school building shall provide for multiple use of the building for community purposes.

1.   The borough school board shall provide custodial services, insurance and routine maintenance for school buildings and shall appoint, compensate and otherwise control personnel for these purposes.

2.   The borough school board is responsible for the design criteria of the school buildings. Subject to the approval of the assembly, the school board shall select the appropriate professional personnel to develop the designs. The school board shall submit preliminary and subsequent designs for a school building to the assembly for approval or disapproval; if the design is disapproved, a revised design shall be prepared and presented to the assembly. Prior to submitting any design to the assembly, all preliminary and subsequent designs shall be reviewed by a joint committee of the school board and assembly or such other committee as the assembly may designate. Preliminary and subsequent designs should not be submitted to the assembly without adequate time for committee review. The borough assembly shall have 30 days after receipt to approve or disapprove a design or design professional submitted by the school board. If no regular assembly meeting is scheduled to be held within the 30 days, a special meeting shall be called. If no action is taken by the assembly, then the design or design professional as submitted by the school board is deemed approved. If a design has not had adequate committee review, it shall be grounds for the assembly, if it so chooses, to summarily disapprove the design.

3.   The borough school board shall provide custodial services and routine maintenance for school board buildings and shall appoint, compensate and otherwise control personnel for these purposes. The borough assembly through the mayor shall provide for all major rehabilitation, all construction and major repair of school buildings. The recommendations of the school board shall be considered in carrying out the provisions of this section.

a.   By mutual resolution of both the school board and borough assembly, the borough assembly may delegate to the school board specific authorities to undertake any major rehabilitation, construction or major repair of school buildings.

b.   There is approved an appropriation of $100,000 for unbudgeted or unanticipated major rehabilitation, construction or major repair needs of school facilities.

c.   By mutual resolution of both the school board and the borough assembly, annual charges, if any, shall be established for the use of borough property.

D.  The school board shall submit a report to the mayor and borough assembly, by April 30th of each year, on the major rehabilitation, construction, and major repair and anticipated needs of school facilities. The school board, mayor and assembly shall work together in developing a plan to meet these capital needs of the borough and school district.

E.  Definitions. As used in this section the following words shall have the definitions provided.

“Major rehabilitation and construction” means those anticipated tasks which will either extend the life of a facility or create a new facility or significantly alter the configuration of an existing facility.

“Major repair” means those tasks required to be undertaken as the result of an event which causes unexpected damage to a school facility.

“Routine maintenance” means those tasks required to be done on a regular basis to maintain the facility in its operational capacity.

F.  State law relating to teacher’s salaries and tenure, to financial support, to supervision by the department and other general laws relating to schools governs the exercise of these functions by the borough. The school board shall appoint, compensate and otherwise control all school employees and administration officers in accordance with AS Title 14.

G.  School boards within the borough may determine their own policy separate from the borough for the purchase of supplies and equipment.

H.  The borough school board shall submit the school budget for the fall school year to the borough assembly no later than May 1st for approval of the total amount. Within 30 days after receipt of the budget, the assembly shall determine the total amount of money to be made available from local sources for school purposes and shall furnish the school board with a statement of the sum to be made available. If the assembly does not, within 30 days, furnish the school board with a statement of the sum to be made available, the amount requested in the budget is automatically approved. By June 15th, the assembly shall appropriate the amount to be made available from local sources from money available for that purpose.

I.  The title to all lands and buildings that are sites of school instruction or administration shall be in the name of the Northwest Arctic Borough. (Ord. 05-08 § 1, 2005; Ord. 96-02 § 2, 1996; Ord. 95-02 §§ 6b, 7, 1995; Ord. 90-03 § 1, 1990; Ord. 89-14 §§ 1 – 5, 1989; Ord. 87-01, 1987; Ord. 86-03 § 2, 1986; Code 1986 § 2.60.030)

Chapter 2.44
LIBRARY POWERS

Sections:

2.44.010 Delegation of library powers.

2.44.010 Delegation of library powers.

A.  The following municipalities, by ordinance, may authorize the Northwest Arctic Borough to exercise library powers:

1.   City of Kiana;

2.   City of Noorvik;

3.   City of Kivalina;

4.   City of Kotzebue;

5.   City of Shungnak.

B.  The borough shall exercise library powers within each of the municipalities identified in subsection (A) of this section, and shall by ordinance authorize the exercise of such power by the borough.

C.  The municipalities identified in subsection (A) of this section shall have the right to withdraw such delegation by enactment of an ordinance. Upon receipt of such revocation, the borough shall adopt an ordinance deleting such municipality from subsection (A) of this section. (Ord. 90-08 § 1, 1990; Code 1986 § 2.80.020)

Chapter 2.48
REAL PROPERTY ACQUISITION AND CONVEYANCE

Sections:

2.48.010 Real property defined.

2.48.020 Acquisition and ownership – Authority.

2.48.030 Acquisition and ownership – Rights and powers.

2.48.040 Acquisition – Form.

2.48.050 Acquisition – Dedication by plat.

2.48.060 Ownership – Form.

2.48.070 Federal and state aid.

2.48.080 Real property as security.

2.48.090 Conveyance of real property.

2.48.010 Real property defined.

As used in this chapter, “real property” means and includes any estate in land, easements, right-of-way, lease, permit, license, franchise, future interest, building, fixtures or any other right, title or interest in land or a building. (Ord. 87-18 § 1 (7.04.020), 1987)

2.48.020 Acquisition and ownership – Authority.

The borough may acquire, own and hold real property by purchase, gift, devise, grant, dedication, exchange, redemption, purchase of equity of redemption, operation of law, tax or lien foreclosure, adverse possession, condemnation or declaration of taking, annexation or by any other lawful means or conveyances. (Ord. 87-18 § 1 (7.04.010), 1987)

2.48.030 Acquisition and ownership – Rights and powers.

The borough shall have and may exercise all rights and powers in the acquisition, ownership and holding of real property as if the borough were a private person. (Ord. 87-18 § 1 (7.04.050), 1987)

2.48.040 Acquisition – Form.

A.  The borough may acquire, own and hold real property by warranty or quit claim deed, easement, grant, permit, license deed of trust, mortgage, contract of sale of real property, plat dedication, lease, tax deed, will, or any other lawful method or mode of conveyance or grant. Real property shall be held in the name of the Northwest Arctic Borough. Any instrument requiring execution by the borough shall be signed by the mayor and attested by the borough clerk. The form of any conveyance shall be approved by the borough attorney.

B.  Only upon a specific resolution of the assembly the mayor may act on its behalf in real property when that property to be acquired is for a valuable consideration or as part of a program of grants under which the borough may receive only a limited amount of acreage. The resolution shall set forth the terms, conditions and manner of acquisition.

C.  No assembly approval is necessary to acquire any easement, right-of-way, permit, license or other interest in real property if necessary for a utility or public improvement where the utility or public improvement has been authorized and approved by the assembly.

D.  Prior to approval, the mayor is to furnish the assembly with an abstract of title, the value assessed by the borough tax assessor or other appraisal of the real property, and a review of any problems in acquisition, but the failure to furnish the assembly any such material shall not affect the validity of any acquisition or purchase of real property by the borough.

E.  Unless otherwise prohibited by the assembly, the borough shall purchase marketable title in the real property. Unless otherwise provided by resolution, the mayor is authorized to obtain title insurance, to execute any instruments and to take all steps necessary to complete and close the purchase and acquisition of the real property. (Ord. 87-18 § 1 (7.04.030), 1987)

2.48.050 Acquisition – Dedication by plat.

The borough may not acquire any real property by means of a dedication by plat unless the dedication of the real property is accepted in writing and signed by the mayor and approved pursuant to NABC 2.48.040. (Ord. 87-18 § 1 (7.04.060), 1987)

2.48.060 Ownership – Form.

A.  The borough may acquire and hold real property as sole owner or as tenant in common or other lawful tenancy, with any other person or governmental body for any public purpose. The borough may hold real property in trust for any public purpose.

B.  The assembly may approve and authorize the purchase of real property by contract of sale, deed of trust or mortgage. (Ord. 87-18 § 1 (7.04.040), 1987)

2.48.070 Federal and state aid.

The borough may apply for, contract and do all things necessary to cooperate with the United States Government and the state of Alaska for the acquisition, holding, improvement or development of real property. (Ord. 87-18 § 1 (7.04.070), 1987)

2.48.080 Real property as security.

The assembly may pledge, mortgage or otherwise secure borough real property for the payment of borough bonded or other indebtedness when required, as authorized by law. (Ord. 87-18 § 1 (7.04.080), 1987)

2.48.090 Conveyance of real property.

A.  The assembly may, upon application, authorize the conveyance of title to real property