INTRODUCED BY:    Sid Michaels 






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 




 ATTEST:                            SIGNATURE ON FILE

                                            Borough Clerk