Questions arose regarding KPB Mayor Charlie Pierce’s replacement after he announced his resignation last week so he can focus on the gubernatorial race in November. Borough Attorney Sean Kelley highlights the uniqueness of this situation. During the September 6, 2022 regularly scheduled Assembly meeting, the KPB Assembly will need to accept the resignation of Mayor Pierce by two-thirds concurring vote, declaring the office of mayor vacant.
Kelley cited Alaska Statute Title 29, which says:
“A vacancy in the office of mayor occurring six months before a regular election shall be filled by the governing body. The person appointed serves until the next regular election when a successor is elected to serve the balance of the term. If a member of the governing body is appointed mayor, the member shall resign the seat on the governing body. If a vacancy occurs more than six months before a regular election, the governing body shall call a special election to fill the unexpired term.”
Kelley writes:
“While the vacancy will likely occur within six months of the regular local borough election on October 4, 2022, it would not be feasible to include the office of mayor in the upcoming local election. The next regular election for Borough Mayor is October 2023. Should the Assembly reasonably interpret the phrase “the next regular election” in AS 29.20.280(b) to mean the next regular election that complies with fixed candidacy filing periods and in a manner that allows for mayoral candidates to be included on the regular election ballot, then the vacancy will occur more than six months before the next regular election.”
The KPB Legal Department recommends that the Assembly call an areawide special election where the registered voters will elect a mayor to fill the unexpired term of the office of mayor. Qualifications include that the candidate must be a qualified voter of the State of Alaska and a resident of the Kenai Peninsula Borough for one year immediately preceding filing for office.
Kelley adds that neither state law nor borough code provide direction on who should serve as mayor during the interim period between a resignation and a special election. He wrote that an interpretation of AS Title 29 is that the Assembly should appoint a mayor to serve until the mayor elected by special election takes office.
The Assembly may appoint one of its own members, but they would need to accept said appointment and resign from their assembly seat. If a borough employee is appointed to temporarily serve as Interim Mayor, they would not need to resign from their employment position, as neither state law nor borough code prohibits dual service. The appointment of an Interim Mayor is a discretionary decision to the governing body.
KPB Chief Executive: now through the October 3, 2023 regular election (anticipated timeline):
- August 26 through September 30, 2022: Mayor Pierce will continue to serve as the KPB’s chief executive. Per Mayor Pierce’s resignation letter the resignation is effective close-of-business on September 30th. It is further anticipated that Chief of Staff Rhoades will serve through Mayor Pierce’s last day in office.
- September 30, 2022 through special election date: Assembly appointed “Interim Mayor” serves temporarily in role as chief executive for the Kenai Peninsula Borough until a new mayor takes office following an areawide special election.
- Special election certification through October 3, 2023 regular election: Mayor elected during special election will fill the unexpired term of the office of Borough mayor.
- October 3, 2023 regular election: A mayor will be elected during the regular election to serve a full three-year term.
Kelley lastly recommended that the Assembly accept Mayor Pierce’s resignation and, by two-thirds vote, declare a vacancy in the office of mayor and call a special election to fill the unexpired term. The declared vacancy would be effective at the close-of-business September 30, 2022. Then, they should appoint an interim mayor to serve until the mayor elected during the special election takes office.
Pierce’s resignation will become effective at the close of business at 5:00 p.m. on Friday, September 30, 2022.