KENAI PENINSULA BOROUGH INITIATIVE 2004-05:
“Shall a manager plan for the Kenai Peninsula Borough be adopted?”
WHEREAS, services provided by the Kenai Peninsula Borough can be delivered in a more efficient and effective manner with a manager plan for borough government; and
WHEREAS, with a manager plan, requirements of appropriate minimum education and management experience would insure that a more qualified candidate capable of administering government services in our increasingly complex world would be chosen, rather than the current political system of electing a mayor with no qualifications or proven management experience; and
WHEREAS, a borough manager would be required to provide all relevant information requested and work in a cooperative and professional manner at all times with the Borough Assembly; and
WHEREAS, in 1971 the Mat-Su Borough voters changed from the chairman to manager plan of government and have chosen to keep the manager plan after experiencing both management types of borough government, and
WHEREAS, in 1984 the City of Soldotna voters changed from the mayoral to manager plan of government and have chosen to keep the manager plan after experiencing both management types of city government,
NOW, THEREFORE, BE IT ORDAINED BY THE VOTERS OF THE KENAI PENINSULA BOROUGH:
SECTION 1. That a manager plan of government as provided in AS 29.20.460 is hereby adopted to establish the position of borough manager as the chief administrative officer and head of the administrative branch of borough government. The borough management contractor shall execute the laws and ordinances and administer the government of the Kenai Peninsula Borough in accordance with the directions and policies established by the Kenai Peninsula Borough Assembly.
SECTION 2. The borough assembly is authorized by this initiative to implement the change to a manager plan by formulating the necessary legislation to accomplish an orderly transition as provided in AS 29.20.480. Furthermore, the borough assembly shall formulate the legislation necessary to incorporate the guidelines specified in sections one through eight of this initiative.
SECTION 3. The borough assembly shall establish a comprehensive description of duties required to manage the Kenai Peninsula Borough in an efficient and effective manner. These duties will be clearly stipulated in the bid documents. The borough assembly shall contract for borough management services with an individual or professional management firm using the competitive bidding process, and shall select a contractor without regard to race, creed, religious or political affiliation, age, sex or handicap. Qualified bidders for these contractual services shall be considered based on executive and administrative qualifications, with particular reference to education, training, and experience as a professional administrator. The individual or management firm submitting the lowest qualified bid shall be awarded this management contract. The individual or professional management firm contracting management services to the Kenai Peninsula Borough must provide their own benefit package and shall not be eligible for, nor granted, any benefits afforded regular borough employees.
SECTION 4. The borough assembly shall adopt the following minimum requirements for the borough management contractor. The individual serving in the capacity of borough management contractor must have a Bachelors Degree in Accounting, Business Administration, Economics, or Finance with a minor in Engineering; or a Bachelors Degree in Engineering with a minor in Accounting, Business Administration, Economics, or Finance. In addition to the education requirements, the borough management contractor must have at least five years of management experience.
SECTION 5. This borough management contract shall be approved by a majority vote of the entire borough assembly and the qualified lowest bidder shall serve at the will and pleasure of the assembly. The initial contract term will be three years. Payment for services provided will be made in equal amounts and at regular intervals based on the agreed contract price. Upon successful completion of the initial contract term, the borough assembly shall have the option to extend the initial contract for one additional two year term before the contract must be put out for bid. Negotiations to extend said contract shall begin at least ninety days prior to completion of the existing contract term. The borough management contract may be terminated by a majority vote of the entire assembly if at any time the contractor fails to fulfill terms of the agreement. If the borough assembly votes to remove the contractor, then written notice shall be provided to the contractor stating the intentions of the assembly and effective date for termination of the contract. The borough management contractor shall be entitled to receive just and equitable compensation for services provided up to and including the date of termination. The management contractor may choose to terminate this contract by submitting written notice of such action to be effective no sooner than ninety days from date of notice.
SECTION 6. The borough management contractor will be responsible for interviewing and recommending employment of applicants for all department heads. These appointments must be approved by a majority vote of the entire borough assembly and shall serve at the will and pleasure of the assembly for an indefinite term. The department heads may be removed from their position by a majority vote of the entire assembly.
SECTION 7. Voters shall have the opportunity to give their opinion regarding the performance of the borough management contractor through an advisory vote. This advisory vote shall occur annually during each regular borough election. However, if a district has no other issues are on the regular ballot, the advisory vote shall be taken at the next regular borough election.
SECTION 8. Upon completion of the transition period, the borough assembly shall set compensation for the elected borough mayor, not to exceed rate of compensation for individual members of the borough assembly. The elected mayor shall serve in the capacity of ceremonial head of the Kenai Peninsula Borough. The elected mayor is required to attend any Borough Assembly meeting when Borough Assembly Members are required to attend and if required shall cast a vote to break any tie vote. The elected mayor shall represent the Kenai Peninsula Borough at specific functions, as directed by the Borough Assembly.
ENACTED BY THE VOTERS OF THE KENAI PENINSULA BOROUGH THIS __ DAY OF ____, 2004.
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