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ANCHORAGE, ALASKA AR No. 2021-13

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ANCHORAGE, ALASKA AR No. 2021-13 Submitted by: Assembly Members Allard and Kennedy For reading: January 12, 2021 ANCHORAGE, ALASKA AR No. 2021-13 1 A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY SUPPORTIVE 2 OF THE RESIDENTS TO HAVE PROPER AND LEGAL REPRESENTATION FOR 3 WEST ANCHORAGE, DISTRICT 3, AND CALLING FOR AN INTERIM 4 APPOINTMENT. 5 6 7 WHEREAS, former Mayor Ethan Berkowitz resigned on 23 October 2020 creating 8 a vacancy in the office of Mayor; and 9 10 WHEREAS, the Anchorage Assembly reorganized and voted in Assembly member 11 Austin Quinn-Davidson as Assembly Chair on 16 October 2020, so that on 23 12 October 2020, Assembly member Austin Quinn-Davidson was sworn in as Acting 13 Mayor; and 14 15 WHEREAS, the Assembly decided against holding a special election to fill the 16 vacancy of the office of Mayor but to rely on the regular election of April 2021, 17 thereby leaving an extended period in which the Assembly seat of the member from 18 District 3 would not be filled by an active participant on the Assembly; and 19 20 WHEREAS, there is one time in the Municipality’s history of the Chair serving as 21 Acting Mayor for an extended period, in 2009 when Assembly Chair Matt Claman 22 served as acting Mayor from January 3 to July 1, a period of less than 6 months; 23 and 24 25 WHEREAS, in our current situation the Acting Mayor will serve in that position from 26 October 23, 2020 until July 1, 2021, leaving the Assembly seat empty and without 27 participation in Municipal government for a period of over 8 months. 28 29 WHEREAS, during the time the Chair serves as Acting Mayor, the Assembly has 30 10 members and 10 votes on all actions causing an array of complications and 31 shortcomings for accomplishing normal Assembly business; and 32 33 WHEREAS, this extended period of time creates concerns about the reduction in 34 fair and equal representation on the Assembly by constituents in District 3 and this 35 concern is causing the citizens of that district to request that there be a remedy; and 36 37 WHEREAS, in Anchorage Municipal Charter Article VII. - Vacancies in elective 38 office, Section 7.01. - the remedy for Vacancies is provided when the appropriate 39 criteria is met that fits the definition of a vacancy, however, in this extenuating 40 circumstance there is nothing in Charter or Code to specifically address this unique 41 situation. 42 43 AR regarding West Anchorage Assembly seat de facto vacancy and appointment Page 2 of 2 1 WHEREAS, Anchorage Municipal Charter Article VII. Section 7.02(b) does provide 2 for the appointment of a qualified person to fill a vacancy within 30 days speaking 3 to the necessity of having an empty or vacated seat filled quickly until a more 4 permanent arrangement can be made such as an election for the seat: 5 6 (b) If a vacancy occurs on the assembly, remaining members 7 may appoint a qualified person to fill the vacancy within 30 8 days. The person appointed shall serve until the next regular or 9 special election, at which time a successor shall be elected to 10 serve the balance of the term. If the vacancy occurs more than 11 six months before the next regular election, the assembly shall 12 provide for a special election to fill the vacancy not more the 60 13 days after the occurrence of the vacancy. If less than 30 days 14 remain in a term when a vacancy occurs, the vacancy occurs, 15 the vacancy shall not be filled. 16 17 WHEREAS, there are no restrictions or requirements in Charter or Code that 18 prohibits the Assembly from making a portion of this arrangement but on a 19 temporary basis and the intent of this action is not to change Charter or Code in 20 any way; 21 22 NOW, THEREFORE, THE ANCHORAGE ASSEMBLY RESOLVES the Assembly 23 shall temporarily, and due to the current extenuating and unique circumstances only, 24 fill the seat for West Anchorage, District 3, Seat E by appointing a qualified individual 25 within 30 days of passage of this resolution and until the return of the duly elected 26 official into the seat which occurs when Acting Mayor Quinn-Davidson vacates her 27 position as Acting Mayor upon the swearing in of the newly and duly elected Mayor 28 and returns as Assembly Chair on July 1, 2021. 29 30 This resolution shall be effective immediately upon passage and approval by 31 the Assembly. 32 33 PASSED AND APPROVED by the Anchorage Assembly this _______ day 34 of _______________, 2021. 35 36 37 38 Chair of the Assembly 39 ATTEST: 40 41 42 43 44 Municipal Clerk 45 .
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