CITY COUNCIL—BOROUGH ASSEMBLY FISHERIES WORK GROUP AGENDA Monday, August 27, 2012 Borough Conference Room 9 a.m. (Borough Chairing) The Fisheries Work Group is an informal meeting of representatives of the City of Kodiak and Kodiak Island Borough to discuss issues with its Fisheries Analyst. Although additional items not listed on the agenda are sometimes discussed, no formal action is taken. Items that require formal action are placed on a regular City Council and/or Borough Assembly meeting agenda. Public comments at committee meetings are NOT considered part of the official record. Public comments intended for the “official record” should be made at a regular City Council or Borough Assembly meeting. 1. Public Comments (limited to 3 minutes each) 2. Fisheries Analyst Report 3. Alaska Marine Conservation Council Presentation 4. KFAC Presentation 5. Draft Community Statement on Bycatch Management for Groundfish Fisheries in the Gulf of Alaska 6. Fisheries Work Group Meeting Structure ..................................................................... 1 a. Staffing b. Chairing 7. Work Group Closing Comments 8. Next Meeting Date/Time 9. Discussion of Scope of Fisheries Analyst Agreement/Motion for Executive Session per AS 44.62.310(c)(2)..................................................................................... 4 10. Adjournment (This page left intentionally blank.) Offices ofthe Kodiak City and Borough Clerks 710 Mill Bay Road, Kodiak. Alaska 99615 MEMORANDUM To: Fisheries Work Group Members Date: JUly 27) 2012 From: Debra Marlar, MMC, City Clerk rpM . Subject: Work Group Process Nova Javier, MMC 1 Borough Clerk The City and Borough Clerks have discusse the structure of the Fisheries Work Group and have researched the option of the Group holding executive sessions for topics that qualify for executive sessions under the Open Meetings Act. We wanted you to know that we have received a couple of inquires from members of the public about the authority under which you operate and your scope of authority. Since there is no resolution authorizing the group and appointing group members, the City Clerk checked with the City attorney regarding holding executive sessions and the informal structure under which you operate. His response is attached for your information. As Clerks, we suggest that you include a discussion item on your next agenda about the organizational structure of the Group. We noticed the eXisting Group membership conflicts with the membership reflected in the Fisheries Analyst Contract. The contract identifies the committee consisting of two Assembly members and two Council members. Since there are now three elected officials from both the City and Borough, it is necessary for the Assembly and Council to amend the contract or adopt a resolution authorizing the Group and appointing members. According to the City attorneys your group may remain informal and you do not need bylaws, but you do need to adhere to the Open Meetings Act (which you are doing) and you should conduct meetings in accordance with Roberts Rules of Order. You might also discuss if you want to continue to voice a consensus regarding group decisions or if you want to be more formal and make motions. (Motions must be made for some issues, including the convening of an executive session.) Currently, staff takes administrative notes. If you choose that action minutes be taken. we recommend you add an item to your monthly agenda to approve them. Telephone (907) 486-8638 JFax (907) 488..&633 [email protected] 1 Marlar, Debra To: Marlar, Debra Subject: Work Group Process Questions From: Thomas Klinkner [mailto:[email protected]] sent: Wednesday, July 25,201210:22 AM To: Marlar, Debra SUbject: RE: Work Group Process Questions Deb, Since meetings of the working group are subject to the open meetings act, its meetings must be public except for the discussion of topics that are proper subjects of an executive session under AS 44.62.310(c). Such topJcs include matters that tend to prejudice the reputation and character of any person. The person whose reputation or character may be at issue is entitled to prior notice of the working group's intent to conduct an executive session, and to request that the matter be discussed in public. The discussion of the scope of the fisheries analyst's contract should be included as an item on the working group's agenda, with the statement that the working group may vote to consider the item in executive session under AS 44.62.310(c){2) as a matter that tends to prejudice the reputation and character of any person. Unless the fisheries analyst requests a public discussion of the topic, the working group will vote whether to go into executive session to discuss the topic. If a motion to go into executive session is approved by a majority of the working group, the public may be excluded from the discussion. From: Thomas Klinkner [mailto:[email protected]] sent: Tuesday, July 24, 20123:33 PM To: Marlar, Debra Subject: RE: Work Group Process Questions Deb, Meetings of the work group are not meetings of either the councilor the assembly as fewer than four members, and fewer than a majority, of either body participate. However, a meeting of the work group may constitute a "meeting" for open meetings act purposes under AS 44.62.310(h)(2)(B), as it is a body that Ithas only authority to advise or make recommendations for a public entity but has no authority to establish policies or make decisions for the public entity.1I As a body whose meetings are subject to the open meetings act, the work group's meetings are subject to the following requirements: 1. The work group's meetings must be open to the public, except when discussing topics that are proper subjects of an executive session. 2. Reasonable notice of the time, place and subject matter of work group meetings must be given. Notice is to be given by print or broadcast media, and by posting at the city and borough offices, in a consistent fashion for all meetings. Publication or posting of the work group's meeting agendas should give sufficient notice of the subject matter of its meetings. 3. With regard to procedure, borough code 2.100.150 provides for borough boards, committees and commissions: ('Procedural rules and order of business shall be established, except as otherwise provided by law, subject to approval by the assembly. An appeal, or quasi-judicial board, committee, or commission shall establish rules governing proceedings before the board or commission, subject to approval by the assembly. In all matters of procedure not covered by rules adopted by the board, committee, or commission, Robert's Rules of Order, as revised, shall be applicable and shall govern." There is no similar city code provision for city boards and commissions. 1 2 4. Responding to your specific questions: --The work group being subject to the Open Meetings Act, it must keep its meetings open to the public, except when discussing a topic that is the proper subject of an executive session. --Subject to compliance with the requirements discussed above, the group can continue to meet as an informal "work group/' with the current membership. Let me know ifyou have additional questions. ••••••• ***.*.** ••••••••••••• CELEBRATING 41 YEARS OF EXCELLENCE Birch Horton Bittner & Cherot· 1127 West Seventh Avenue' Anchorage AK 99501 Tel. 907.276. t550 Fax 907.276.3680 http://www.birchhorton.com This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. Ifyou are not the intended recipient, you have received this transmittal in error. Any review, dissemination, distribution or copying ofthis transmittal is strictly prohibited. Ifyou have received this communication in error, please notify us immediately by reply or by telephone (907) 276­ 1550 and immediately delete this message and all attachments. 2 3 Office of the City Clerk 710 Mill Bay Road, Room 216, Kodiak, Alaska 99615 MEMORANDUM To: Fisheries Work Group Members Date: August 14, 2012 From: Debra Marlar, MMC Cf) M Subject: Executive Session Motion City Clerk The Fisheries Consultant RFP, which is Exhibit B to the Professional Services Agreement with Alaska Resource Consultancy, provides for a six-month initial review to ensure an understanding of the agreement's scope. This review may be done in executive session as stated in AS 44.62.310(c)(2), provided the Fisheries Consultant does not object. Mr. Lloyd voiced his non-objection to the executive session in his email response dated August 6, 2012, which is attached. A motion must also be made and approved by a majority of members (four) if the Work Group desires to discuss this in executive session. If so, the following motion is suggested: Move to enter into executive session, which is permitted by AS 44.62.310(c)(2), to conduct the six-month review of the scope of the Professional Services Agreement with Alaska Resource Consultancy for Fisheries Analyst Consulting and Related Services. Just a reminder that no motions should be made while in executive session. If the Work Group would like amendments to the contract, those suggestions should be discussed at the joint work session of the Council and Assembly on September 4. As a matter of procedure, the public meeting needs to be reconvened before the meeting is adjourned. It would also be appropriate to state any suggested recommendations for contract amendments when the public meeting reconvenes, prior to adjournment. {Clerk's Note: An amendment by the Council and Assembly is needed to Section 1.4 of the agreement to reflect current membership.} Telephone (907) 486-8636 I Fax (907) 486-8633 [email protected] 4 Marlar, Debra From: Marlar, Debra Sent: Tuesday, August 14,2012 11:42 AM To: Marlar, Debra Subject: FW: August 27 Fisheries Work Group Agenda From: Denby Lloyd [mailto:[email protected]] Sent: Monday, August 06, 2012 3:30 PM To: Marlar, Debra Cc: John Whiddon; [email protected]; Nova Javier Subject: Re: August 27 Fisheries Work Group Agenda Deb: Review ofmy contract in executive session is acceptable to me.