ASSEMBLY AGENDA/MANAGER’S REPORT
THE CITY AND BOROUGH OF JUNEAU, ALASKA
Monday, May 8, 2006
5 PM, immediately preceding Lands Committee
Municipal Building – Assembly Chambers
Special Meeting No. 2006-12

Submitted by: Rod Swope, City & Borough Manager

I. FLAG SALUTE

II. ROLL CALL

III. PUBLIC HEARING

A. Ordinance 2006-16
A Non-Code Ordinance Regarding Terms Of Office For The Board of Equalization.

The Assembly adopted Ordinance 2005-51(c)(am), establishing a new board of equalization process. To date, there has been little response to solicitations for board membership. This non-code ordinance would allow the Assembly, as a transitional measure, to make temporary appointments to the board, exempt from the regular three-year terms.

I recommend this ordinance be adopted.

IV. NEW BUSINESS

A. Board of Equalization Appointments

B. Gissel v. Airport Board – Notice of Appeal

On April 5, 2006, the CBJ Airport Board approved a lease for location of a petroleum tank farm on airport property. The matter was reconsidered at the April 12, 2006 Airport Board meeting. On April 25, 2006, Bill Gissel filed an appeal of the decision to the Assembly. The Notice of Appeal is in your packet. The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.
(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.
(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

Mr. Gissel and the Airport Board were advised that this matter is before the Assembly.

The following procedural issues should be decided:
1. Will the Assembly accept the appeal?
2. Will the Assembly hear the appeal itself or assign to a hearing officer?
3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate another member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process.

With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all
communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal.

V. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS

VI. ASSEMBLY COMMENTS AND QUESTIONS

VII. ADJOURNMENT

Note: Agenda packets are available for review at the Juneau Municipal Libraries

ADA Accommodations Available Upon Request: Please contact the Clerk’s office 72 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s office telephone number is 586-5278, TDD 586-5351, e-mail: city_clerk@ci.juneau.ak.us.


Office of the City Clerk, 155 South Seward Street, Juneau, Alaska 99801
 
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