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January 3, 2005 

TO: KPB Assembly, KPB Administration, Public and Press 

FROM: Alliance for Concerned Taxpayers (A.C.T.) 

This is in reference to KPB Ordinance 2005-51(Long) Substitute: Repealing Portions of Ordinance 2005-09, and Ordering a Special Election. 

At the December 31, 2005 Alliance of Concerned Taxpayers meeting, a motion to protest passage of Ordinance 2005-51, passed by unanimous vote. Because this ordinance pertains to a referendum initiated by A.C.T., we are here tonight representing not only our concerns, but also the interests of over 2,000 petition signers plus many more residents and taxpayers of the Kenai Peninsula Borough. 

We have two main problems with Ordinance 2005-51 as written. First, the proposal to withdraw two components of Ordinance 2005-09 instead of putting the entire ordinance before voters. In our opinion, this conflicts with AS Title 29 and KPB Code (see exhibit “A” below). Our second concern is the expense of conducting a special election when compared with the revenue this ordinance might raise in 6 months. 

On June 8, 2005, A.C.T. members began seeking approval from the Borough Clerk to circulate a referendum petition that would put this Ordinance to a public vote. The “matter” had to be resubmitted for approval because it became clear that the “matter” was the whole ordinance and not a portion of the ordinance. Over 2,000 signatures were collected Between July 12 and November 7, 2005, and the Referendum was certified on November 17, 2005.

If A.C.T. had to refer the whole “matter” then the Assembly must likewise offer the whole “matter” to voters, or repeal the whole “matter”. No provision is made for editing or modifying the “matter” in either State Statute or KPB Code. Nor is it even implied. Furthermore, we do NOT accept the assertion that the public is too stupid to understand this issue. ACT has a tremendous amount of faith in the public’s ability. The voters will sort out this issue and vote according to their belief.  

Therefore, A.C.T., working with almost 2,000 registered voters, strongly urges the Assembly to act in one of the three ways allowed by State Statute and Borough Code: 

1.  Repeal the entire Ordinance 2005-09, or;

2.  Put the entire ordinance on the regular October 2006 ballot for voters, or;

3.  Hold a special election on the whole matter. 

If the Assembly chooses to submit the whole “matter” to voters, we strongly urge that this occur at the next regular election. There is no real justification to waste $50,000 +/- public tax dollars to hold a special election. If we really do have a budget crunch, then let’s be more prudent how our money is spent. Remember, “Waste not, want not”! That was a good rule to live by in the old days, and applies even more so today. 

Thank you.

A.C.T. Exhibit “A” 

ALASKA STATUTES TITLE 29 and KENAI PENINSULA BOROUGH CODE 

And how they pertain to KPB Ordinance 2005-51. Words underlined are emphasis added by A.C.T. 

As Sec. 29.26.180. Referendum election. 

(a)Unless the ordinance or resolution is repealed, when a petition seeks a referendum vote, the clerk shall submit the matter to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60days after certification of the petition. If no election is scheduled to occur with 75 days after certification of a petition and the governing body determines it is in the best interest of the municipality, the governing body may by ordinance order a special election to be held on the matter before the next election that is already scheduled, but not sooner than 60 days after certification of the petition.

(b)If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition Is filed shall be suspended pending the referendum vote. During the period of suspension, the governing body may not enact an ordinance or resolution substantially similar to the suspended measure.

(c)If the governing body repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters.

(d)If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election.  

Sec. 29.26.190. Effect  

(a)The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed.

(b)If an ordinance or resolution is repealed in a referendum election or by the governing body after a petition that contains substantially the same measure has been filed, substantially similar legislation may not be enacted by the governing body for a period of two years.

(c)If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified 

KPB CODE: Referendum Election 

3.129.150.  Referendum election.

A.  Unless the ordinance or resolution is repealed, when a petition seeks a referendum vote, the clerk shall submit the matter to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60 days after certification of the petition. If no election is scheduled to occur within 75 days after certification of a petition and the assembly determines it is in the best interest of the borough, the assembly may by ordinance order a special election to be held on the matter before the next election that is already scheduled, but not sooner than 60 days after certification of the petition.

B.  C. and D. are exactly the same as the AS. (Ord. No. 2005-22 #s, 5-17-05; Ord. No. 94-08 #1(part), 1994) 

4.130.160 Effect.

A, B and C are exactly the same as Title 29. (Ord. No. 94-08, #1(part), 1994)