KENAI PENINSULA BOROUGH

ORDINANCE 2002-16

AN ORDINANCE PLACING ON THE BALLOT TWO PLANS FOR SCHOOL BOARD MEMBERSHIP STRUCTURE INCLUDING POSSIBLE DISTRICTING

WHEREAS, the school board is currently composed of seven members who are elected at large; and

WHEREAS, Alaska Statute 29.20.300 provides that members of the school board are elected at large unless a different method is approved by the voters in a regular election; and

WHEREAS, the reapportionment committee established pursuant to Resolution 2001-040 to develop plans for assembly reapportionment heard numerous public concerns that school board members should be elected by district to ensure representation from smaller communities; and

WHEREAS, in Resolution 2001-068, the assembly authorized the reapportionment committee to consider school board membership districting; and

WHEREAS, the reapportionment committee met several times during the fall of 2001, and, on December 6, 2001, voted to recommend that the assembly place a proposition on the October 1, 2002 regular election ballot offering the voters two options for election of the members of the school board including Plan A: remain at status quo (a seven-member board elected at large); and Plan B: seven single-member districts elected by residents of each district; and

WHEREAS, the assembly conducted joint meetings with the school board and the reapportionment committee on February 5 and March 12, 2002; and

WHEREAS, numerous concerns were raised that creating districts may harm the school board's effectiveness and representation of the entire school district, and, alternatively, that not creating districts will result in inadequate representation of the outlying areas; and

WHEREAS, it is desirable to present the voters with the option of remaining with the status quo or requiring that school board members reside in designated districts;

NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1. KPB 1.20.100 is hereby amended as follows:

1.20.100. School board--Number of seats--Term of office--Designation of seats.

A. There is established a school board for the Kenai Peninsula Borough School District, composed of nine members, who shall be nominated and elected by the qualified voters of the borough as provided in the borough code of ordinances. The Board Members shall be elected from nine election districts as described in KPB 22.30.010.

B. School board members are elected at the regular borough election, for three-year terms, and serve until their successors take office.

C. [Reserved.]

SECTION 2. The following proposition shall be placed on the ballot at the regular October 2002 election:

PROPOSITION

Choose one of the following plans for Kenai Peninsula Borough School Board representation:

Plan A: Seven members elected at large.

Plan B: Nine single member districts elected by district.

SECTION 3. If Plan B receives the approval of the majority of the voters voting on this question, then all terms shall be truncated with all members standing for election in the October 2003 regular election. The terms of new members elected in the regular election of October 2003, shall be staggered so that each board seat shall terminate the year following termination of the assembly seat in that district.

SECTION 4. Section 2 of this ordinance shall take effect immediately upon its enactment, and Sections 1 and 3 of this ordinance shall only take effect after certification of the October 2002 election and if Plan B receives the majority of votes cast on the question in that election and upon receipt of a letter of nonobjection by the U.S. Department of Justice.

ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 4TH DAY OF JUNE, 2002.