The Kenai Peninsula Borough Assembly held a public hearing on an ordinance that would amend borough code to clarify that assembly members may serve on the Board of Equalization. The amended borough code would read that no assembly member may serve on any borough board or commission except that assembly members are authorized to serve on the borough Board of Equalization, of which several currently do. Ordinance 2021-25 was brought forth because administration noticed borough code prohibits members from serving on any borough board or commission.
During the public comment period, Christine Hutchison spoke to the Assembly. She is part of a group of citizens who review the Borough Assembly agenda. She said:
“One of the people joining our discussion was a previous member of the Board of Equalization. The thinking was brought up and discussed that an assembly member being on the board of equalization and then being on the assembly following the board of equalization meeting, however the situation comes up, he gets two swings at that. If he feels one way about it at the board of equalization, he votes one way, and if he feels that he didn’t get what he wanted at the board of equalization, he gets to vote on the assembly. In the past, this was a realtor and the board of equalization really counted on that realtor to be smarter than the rest of them and so whatever the realtor said is what they did. This is from just experience and thoughts from this group of people that met today. Our thinking is no, we don’t want an assembly member on the Board of Equalization, no matter how smart he is.”
Assemblyman Brent Johnson, who serves on the board of equalization, said:
“I guess I would turn to Attorney Patty Burley and ask for a little discourse on this because it seems to me like an assembly member who serves on the board of equalization does not get two swings on an appeal. An appeal goes to the Board of Equalization and does not move on from there to the assembly.”
Attorney Burley:
“Let me triple check myself, but I have not seen one that goes up. It goes to the board of equalization and then they appeal to the superior court, they do not appeal to the assembly.”
According to Mayor Charlie Pierce in a memo sent to Assembly President Brent Hibbert, Alaska statutes clearly authorize assembly members’ service on the Board of Equalization, and that statute supersedes the code.
The ordinance unanimously passed.
