DENALI BOROUGH, ALASKA
ORDINANCE NO. 91-14
INTRODUCED BY: Sid Michaels
AN ORDINANCE TO PROVIDE FOR
ASSUMPTION OF EDUCATIONAL
POWERS BY THE DENALI BOROUGH.
BE IT ENACTED by the Assembly of the Denali Borough, Alaska
that:
Section A. This ordinance is
of a general and permanent nature and shall be codified.
Section B. Procedures for the
assumption of educational powers by the Denali Borough, Alaska, contained in
sections as set forth below, are hereby enacted.
Section 1. Date for
Assumption of Educational Powers. The Denali Borough
will assume Borough wide educational powers on or after July 2, 1992. The actual date of assumption will be
established by the Denali Borough Assembly by a separate resolution.
Section 2. Public
School System. There shall be a system of public education
for the Denali Borough, conducted in the manner provided by law. At the time the Denali Borough assumes
education powers the system of public education shall be operated by a School
Board consisting of nine members. The
official name of the Denali Borough Public School System shall be the
"Denali Borough School District".
Section 3.
Transitional Provisions for School Board.
All persons comprising the School Board of the Railbelt REAA existing
immediately before the Denali Borough assumes control of the Railbelt REAA
shall continue to be members of the School Board until new elections are held
and the new School Board is sworn in.
An election will be held with School Board seats apportioned by district
following the same apportionment set up for the Assembly. All seats shall continue with the staggered
terms of office of three (3) years.
Section 4. School
Board; composition. The School Board elected by the qualified
voters of the Denali Borough shall consist of nine members elected by the
voters of each of the following districts.
District
1. One Seat Seat
"A"
Kantishna and Cantwell areas.
District
2. Four Seats Seats
"B", "C", "D", and "E"
McKinley
Park/Carlo Creek, Healy and Ferry areas.
District
3. Four Seats Seats
"F", "G", "H", and "I"
Anderson/Clear and Anderson Highway
areas.
As the need arises, reapportionment and redistricting
changes will take place by Assembly ordinance.
Section 5. School
Board Qualifications. A School Board member shall be a qualified
Denali Borough voter as defined by Chapter 66, Sections 2 and 3 of the Denali
Borough Municipal Code and a resident of the Denali Borough School District to
which the seat they hold is assigned.
No School Board member may hold any compensated school district
employment while serving on the School Board.
Section 6. Election
of School Board members; terms.
A. Election. The regular election for School Board
members shall be held as specified in Title VIII, Chapter 66, Section 4 of this
code. Each School Board member shall be
elected by qualified voters of their district and shall be residents of the
district to which the seat they seek is assigned. A School Board member so elected represents all of the voters and
residents of the Denali Borough. The
Assembly will by ordinance, adopt additional procedures pertaining to the
districting, addition of new board members, nominations, and election of School
Board members.
B. Nominations. A person filing for a School Board seat must
follow the procedures contained in Chapter 66, Sections 11 and 13 of the
Municipal code.
C. Terms. Each School Board member shall be elected to
three (3) year staggered terms. For the
initial election, seats B, F, and G will be one (1) year terms; seats C, D, and
H will be two (2) year terms; and seats A, E, and I will be three (3) year
terms. The member holding the seat
representing District 1 will serve a three (3) year term. The seats in District 2 and 3 will be
assigned to School Board members by lot.
Thereafter, all seats will be for three (3) year terms. A School Board member's term begins the
first meeting following the certification of election and upon qualification.
Section 7. Vacancies.
The office of School Board member shall become vacant upon death,
resignation, or removal from office in any manner authorized by law or by the
Charter, or by forfeiture of office as prescribed for Assembly members in
Chapter 5, Section 8 of this code.
Vacancies shall be filled in a manner prescribed by law.
Section 8.
Continuation of Employment. At the time the
Denali Borough assumes control of the Railbelt REAA, all employees of the
Railbelt REAA shall continue in employment until the School Board, as the case
may be, provides otherwise. Salaries,
benefits, and contracts enjoyed by current Railbelt REAA employees shall
continue unless provisions are made to the contrary.
Section 9. Budget.
The Superintendent of schools shall submit an annual budget which shall
first be approved by the School Board at such time as the Board may direct, but
in no case at a date later than that prescribed by State law. The proposed school budget shall be a public
record available from the time of its submission to the Board for public
inspection and distribution. The Board
shall hold public hearings on the budget before approval and submission to the
Assembly for final action. The Denali
Borough School Board shall submit the school budget for the following school
year to the Borough Assembly by April 1 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 May 31,
the Assembly shall appropriate the amount to be made available from local sources
from money available for the purpose.
Section 10. Joint
Conference. The Assembly and Board may meet jointly at
public meetings to deliberate upon matters of mutual interest.
Section 11. Assets
and Liabilities. The Denali Borough, as a home rule Borough,
shall succeed to all the assets and liabilities of the previously existing
Railbelt Rural Education Attendance Area #14 at the time it takes over
education powers.
Section 12. School
Board Power and Duties. The Denali Borough School Board
has exclusive management and control of school matters in the district, subject
to State school laws, rules, and regulations established by the State Board of
Education and ordinances adopted by the Denali Borough Assembly.
Section 13.
Authority of Members. Board members have
authority only when acting as a Board in session. The Board shall not be bound by statements or actions of an
individual Board member or employee of the District except when such statement
or action is in accordance with the instructions of the Board.
Section 14.
Conflicts of Interest. If a School Board
Member has a substantial financial interest in an official action, the School
Board Member shall declare that interest and ask to be excused from a vote on
the matter. The procedures detailed in
Chapter 12, Section 6 of the Municipal Code shall be followed.
Section 15. School
Board Policy Manual. The Denali Borough School District School
Board shall continue to operate under the policies of the present Railbelt
School District Policy Manual unless provisions are made to the contrary. A copy of the current School Board Policy
Manual will be maintained by the Borough Clerk.
Section 16.
Maintenance and Capital Improvements. The Denali
Borough School Board shall provide custodial services and routine maintenance
for school buildings and shall appoint, compensate, and otherwise control
personnel for these purposes. The
Borough Assembly shall provide for all major rehabilitation, and construction,
and major repair of School buildings.
The recommendations of the School Board shall be considered in carrying
out the provision of this section.
Section 17. School
District Treasury. All School money shall be deposited in a
School District Treasury. The Denali
Borough School Board shall have the custody of, invest and manage all such
money in the School District Treasury.
The officer responsible for custody, investment, and management of
School District funds shall comply with the bonding provisions of AS 14.14.020. The responsibilities of the School
accounting are delegated to the Denali Borough School Board.
Section C. Effective
Date. This ordinance becomes effective immediately
upon its adoption.
DATE INTRODUCED: December 8,
1991
FIRST READING: December 8, 1991
PUBLIC HEARING: February 9, 1992
PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 9th
day of February, 1992.
SIGNATURE
ON FILE
Mayor
ATTEST: SIGNATURE
ON FILE
Borough Clerk