Kenai Peninsula Borough, Alaska New Text Underlined; [D
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Introduced by: Ogle
Date: 05/05/15
Hearing: 06/16/15
Action:
Vote:
KENAI PENINSULA BOROUGH
ORDINANCE 2015-11
AN ORDINANCE ESTABLISHING THE NIKISKI
LAW ENFORCEMENT SERVICE AREA
WHEREAS,
the Nikiski area is experiencing an increase in the reported frequency and severityof burglaries and other crimes against persons, property and the community; and
WHEREAS,
due to distance from the nearest trooper station in Soldotna and limited trooperresources, trooper response to calls from Nikiski may not be effective; and
WHEREAS,
the existing level of service currently provided by the Alaska State Troopers isinsufficient to meet the community needs; and
WHEREAS,
Nikiski has an elementary school and a middle/high school which wouldexperience long response time delays for an incident requiring law enforcement
which is a significant community concern; and
WHEREAS,
the Nikiski Community Action Group (NCAG) held several community meetings,the first of which drew 250-300 members of the community who demonstrated a
desire to reduce crime in the area; and
WHEREAS,
a committee was formed under the auspices of the Nikiski Community Council(NCC) to identify problems and potential solutions concerning the law
enforcement issues in the Nikiski area, and which held almost-weekly meetings
October 2014 through January, 2015; and
WHEREAS,
the committee recommended to the NCC that a Nikiski Law Enforcement ServiceArea (LESA), following the geographic boundaries established by the Nikiski
Fire Service Area, be created to address the law enforcement needs of the
community; and
WHEREAS,
at its meeting of January 26, 2015, the NCC unanimously approved sending aletter of endorsement of this proposal to the borough assembly; and
WHEREAS,
law enforcement services could be provided through the establishment of aLESA; and
WHEREAS,
grant opportunities may exist which could aid in the startup of the LESA; andOrdinance 2015-11 New Text Underlined; [D
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WHEREAS,
it is anticipated that the Nikiski area may experience an exponential growth as aresult of the proposed LNG plant; and
WHEREAS,
the formation of this service area is in accordance with the requirements of AS29.35.450(b); and
WHEREAS,
based on public documents, the City of Seward budgets about $1.8 million for 9law enforcement (LE) officers; the City of Homer budgets $2.58 million for 12
LE officers; the City of Kenai budgets $2.9 million for 18 LE officers; and the
City of Soldotna budgets $2.28 million for 14 LE officers; and
WHEREAS,
the committee’s research indicates that Nikiski would need a LESA withapproximately 9 LE officers to provide LE activities comparable in scope to the
City of Seward; and
WHEREAS,
taxable property in the area identified for inclusion within the proposed NikiskiLESA is valued at $1.45 billion, and therefore 1.5 mil would raise approximately
$2.2 million; and
WHEREAS,
if the LESA is approved by the voters and after considering recommendationsfrom the service area board and public comments the assembly shall approve
either the creation of a borough police department for the Nikiski LESA, or that
the borough shall enter into a contract with an existing law enforcement agency,
which could be equivalent to or less inclusive than full law enforcement services
that might be provided by a borough police department;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1.
That Title 16 of the Kenai Peninsula Borough Code of Ordinances is amended byadding a new chapter to be numbered 16.80, which shall read as follows:
CHAPTER 16.80. NIKISKI LAW ENFORCEMENT SERVICE AREA
16.80.010. Boundaries.
There is established a service area within the borough designated as the "Nikiski Law
Enforcement Service Area" in that portion of the borough described as all the
following referenced to the Seward Meridian, Alaska:
Commencing at the township line between T5N and T6N R17W S.M., and the mean high
water line on the westerly shore of Cook Inlet;
Thence westerly along the township line between T5N and T6N to the westerly boundary
of the Kenai Peninsula Borough;
Thence northerly and easterly along the boundary of the Kenai Peninsula Borough
through Cook Inlet to the protracted northeast corner of T11N R5W in Turnagain
Arm;
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Thence southeasterly to the intersection of the southerly mean high water line of
Turnagain Arm and the 150th meridian west of Greenwich within T10N R4W
S.M.;
Thence southerly along the 150th meridian to the township line between T8N and T9N
R4W;
Thence westerly along the township line between T8N and T9N to the northwest corner
of T8N R9W S.M.;
Thence southerly along the range line between R9W and R10W to the southeast corner of
T6N R10W S.M.;
Thence westerly along the township line between T5N and T6N to the southeast corner of
Section 32 T6N R10W;
Thence northerly along the section line between Sections 32 and 33 to the northeast
corner of Section 32;
Thence westerly along the section line to the northwest corner of Section 31 T6N R10W
on the corporate boundary of the city of Kenai;
Thence northerly and westerly along the corporate boundary of the city of Kenai to the
intersection with the mean low water line of Cook Inlet and the section line
between Sections 23 and 26 T6N R12W S.M.;
Thence westerly along the section line extended three miles into Cook Inlet;
Thence southwesterly to the protracted southeast corner of 6N Rl4W in Cook Inlet;
Thence westerly along the protracted township line between T5N and T6N to the mean
high water line on the westerly shore of Cook Inlet the true point of beginning.
16.80.020. Board of directors.
There is established a board of directors for oversight of the operations of the Nikiski
Law Enforcement Service Area composed of five members who shall be elected by the
qualified voters of the service area in the manner provided in the borough election code
and KPB 16.04.065 as now enacted or may be hereinafter amended. Board seats to be
filled at the first election of board members shall be staggered as follows: Seats A and D
for three years; seats B and E for two years; and seat C for one year.
16.80.025. Mill levy.
No mill levy in excess of 1.5 mils shall be levied on behalf of the service area unless an
increase is approved by the assembly during the budgetary process.
16.80.030. Board-Meetings-Quorum.
The board shall meet periodically at a regularly scheduled time and place designated by
the board. Special meetings of the board may be called by the chair of the board or by
any two members upon at least one day's notice thereof published in a newspaper or via
radio having general distribution within the service area. The notice shall set forth the
time and place of the meeting and shall be communicated by mail, telephone, fax, or
email to each board member. All meetings shall be open to the public as provided by law.
Except as provided below, three board members shall constitute a quorum and an action
shall require the affirmative vote of three board members. If the board membership is less
than five, then a quorum shall be the majority of the remaining seated members.
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16.80.040. Board-Election of officers.
At the first regular meeting following certification of the election by the assembly, and
annually thereafter, the board shall elect by majority vote of the board members, and
from the board members, a chair and such other officers as the board shall determine to
be desirable who shall hold office until successors are elected.
16.80.050. Board-Terms of office.
Each member of the board of directors shall be elected for a term of three years and shall
serve thereafter until his or her successor has been elected, qualified and sworn to assume
the duties of the office, except that the first board shall contain members elected for lesser
periods to provide for staggered terms as provided in KPB 16.80.020.
16.80.060. Board-Vacancies-Created when
Vacancies on the board are created upon declaration of vacancy by the board if a
member:
A. Fails to qualify or take office within 30 days after his or her election or
appointment;
B. Is physically absent from the service area for a 90-day period, unless excused by
the board;
C. Changes his or her primary residence for a period longer than 90 days to a
location outside of the jurisdiction from which the board is elected;
D. Resigns and his or her resignation is accepted;
E. Is physically or mentally unable to perform the duties of his or her office;
F. Misses three consecutive regular meetings unless excused; or
G. Is convicted of an offense involving a violation of his oath of office or is removed
from office pursuant to a recall election.
16.80.070. Board-Vacancies-Filling.
Vacancies on the board shall be filled by appointment by the mayor and confirmation by
the assembly to serve until the next regular election of the borough at which time a new
member shall be elected to fill the unexpired term or for a three-year term if no unexpired
term remains. The clerk shall provide at least twenty-one days advance public notice
before filling the vacancy. Public notice may be provided by publication through print or
broadcast media, posting at the primary service area office or at the borough
administration building, and such other publication as the service area board deems
appropriate.
16.80.080 Board-Powers and duties
Pursuant to the provisions of AS 29.35.460 the board of directors of the service area,
subject to assembly approval and appropriation of funds, shall have the power to provide
and determine the scope and level of law enforcement services in the service area. This
shall be either by contract or creation of a new law enforcement department within the
service area as approved by the assembly in a manner consistent with law after
considering the desires of the community through board and assembly meeting processes.
The board shall promptly provide accurate and complete copies of minutes of all board
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meetings, all board resolutions and reports of other actions taken by the board to the
clerk’s office for distribution to the mayor and assembly.
16.80.090. Personnel system-Rules and regulations.
Employees of the Nikiski LESA, if any, shall be employees of the Kenai Peninsula
Borough. All such personnel employed as police officers must meet the minimum
standards of the Alaska Police Standards Council pursuant to Alaska Statutes Title 18 for
employment as a non- probationary police officer.
16.80.100 Employee conduct requirements.
Employees of the service area, if any, are employees of the borough, and as such, are
required at all times to conduct themselves in an exemplary manner befitting the public
service in which they are employed.
16.80.110. Budget and fiscal control.
The formulation of a budget and fiscal control of expenditures of public monies of the
service area are under the supervision of the mayor. The finance director of the borough
shall provide the board with the rules and regulations governing the appropriation of
funds, the budgeting of funds, the authorization of expenditures, and any and all rules and
regulations of the borough fiscal policy to which the service area is subject. The board
shall arrange for the preparation of a budget and capital program, which shall be
submitted to the mayor for approval. The budget and capital expenditure proposals shall
be subject to the procedures for adopting the borough budget and capital expenditures
program and its consideration by the assembly. Such public hearings as are necessary
shall be a part of the budgetary procedures before the board and the assembly.
16.80.120. Chief law enforcement officer-Appointment, qualifications, and removal.
Unless otherwise provided for by contract, if the chief law enforcement officer is a
borough employee, that person shall be appointed by the mayor from the list of most
qualified candidate or candidates nominated by the service area board after its
consideration of applications received in response to public notice of vacancies. The
chief law enforcement officer must have a current intermediate or advanced certificate
from the Alaska Police Standards Council. The officer so appointed shall be subject to
removal by the mayor. The service area board may independently make a
recommendation to the mayor regarding the suspension or discharge of the chief law
enforcement officer; however, such suspension or discharge remains within the sole
discretion of the mayor. The officer shall administer policy as set by the board.
16.80.130. Chief law enforcement officer-Accountability.
When the chief law enforcement officer of the service area is hired as an employee, that
person shall be held accountable to the service area board and the mayor, and shall make
written and verbal reports to the board and mayor as required by the board and mayor. If
the chief law enforcement officer of the service area is hired pursuant to a contract with
an external organization, the accountability shall be as provided by that contract.
16.80.140. Policies-Formulation and Authority-Approval Required.
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The board shall formulate policies to govern the operation of the service area subject to
approval by the mayor.
16.80.150. Annual reports required.
The board shall make a complete annual report to the mayor within one month after the
close of the fiscal year, such report to include the information specified by the rules and
regulations of the borough, together with comparative data for previous years and
recommendations for improving the service to the service area.
16.80.160. Procedure-Conduct of Affairs - Meetings
The board shall adopt bylaws or regulations governing the conduct of its affairs, and rules
of procedure for the conduct of its meetings, so long as such bylaws are procedural in
nature and do not conflict with the substantive rules and regulations governing the board
in its delegated powers.
16.80.170. Purchasing-Agent.
A. The purchasing agent for the service area is the borough Purchasing and
Contracting Director. All purchases of supplies, materials, equipment, and
contractual services, other than any contract for law enforcement services, shall
be made in accordance with the rules and regulations adopted by the assembly.
Any award of a contract for law enforcement services shall be made in
accordance with the rules and regulations adopted by the assembly, including any
that it may specifically adopt for that purpose, after considering recommendations
presented by the service area board.
B. All contracts for capital improvements and maintenance performed in connection
with the service area shall be administered by the borough capital projects
department in accordance with the department's normal procedures.
16.80.180. Accounts- Vouchers-Accounting.
All accounting functions for the service area shall be under the supervision of the
borough finance director who shall provide rules, regulations, and procedures governing
the issuance and payment of vouchers, the issuance and payment of checks, the use of the
central treasury of the borough, and the manner in which all bonds, contracts, leases or
other obligations requiring the payment of funds from the appropriations in the service
area budget are to be processed and administered.
16.80.190. Fiscal procedures.
The service area shall abide by the fiscal policies and procedures applicable to the
borough general government budget not inconsistent with this ordinance.
SECTION 2.
That the following proposition shall be placed before the voters of the proposedNikiski Law Enforcement Service Area at the next regular election to be held
October 6, 2015:
PROPOSITION ____
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"Shall the Kenai Peninsula Borough be authorized to exercise criminal law
enforcement powers in the Kenai Peninsula Borough Nikiski Law Enforcement
Service Area within the boundaries defined by Ordinance 2015-____? The mill
levy shall not exceed 1.5 mils unless an increase is approved by the assembly
during the budgetary process.”
_____ YES A “yes” vote means the borough may provide criminal law
enforcement services in the proposed Nikiski Law Enforcement Service
Area and that the service area will be established.
_____ NO A “no” vote means the proposed Nikiski Law Enforcement Service
Area shall not be established.
SECTION 3.
That notwithstanding KPB 16.04.040 the public hearing held within the proposedservice area boundaries may be held after this ordinance was introduced.
SECTION 4.
That section 2 and 3 of this ordinance shall take effect immediately upon itsenactment and section 1 of this ordinance shall take effect upon approval of the
proposition in Section 2 above by a majority of the qualified voters voting on the
issue and certification of the election.
ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS *
DAY OF * 2015.
Dale Bagley, Assembly President
ATTEST:
Johni Blankenship, MMC, Borough Clerk
Yes:
No:
Absent:
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How about looking into creating a. Borough - wide SHERIFF'S department? I would be all for that rather than our current system...
You refer to Mr. Putin utilizing vigilante’s to patrol Moscow so I must provide the following definition. As Merriam-Webster’s online dictionary defines it, a vigilante is: “1) A person who is not a police officer but who tries to catch and punish criminals, and 2) A member of a volunteer committee organized to suppress and punish crime summarily (as when the processes of law are viewed as inadequate); broadly : a self-appointed doer of justice.”
Based on these definitions, I must ask some pertinent questions. Since when is it the duty of a militia to catch and summarily punish criminals? What type of law enforcement training do militia members have? What powers of detainment or arrest do militia members have? What powers of search and seizure do militia members have? Who dictates that what you are doing is right and that you aren’t infringing upon the rights of others? What legitimate State of Alaska entity bestowed the powers of law enforcement upon the militia members? Is it a desire to impose some form of “martial law” upon a community which controls and restricts their movement just to catch drug dealers? Is everyone presumed to be guilty until found to be not guilty? Even if a drug dealer is caught, what gives a militia the right to “jail” him/her? What is the process by which a proper investigation is to be conducted? What is your process for “chain of custody” of evidence? What is the dealer’s right to due process and legal representation? If you are there to protect the community from drug dealers, who will be there to protect the community from you? What if Troopers show up and tell you to go home? Will you abide by the instructions of legitimate State supported law enforcement personnel? These are just some questions you should have answers to otherwise, there is no legitimacy in the eyes of the population for what you are doing.
No matter the best of intentions, relying on a group of armed vigilantes for justice does nothing more than provide for an invitation to expand the problem, not deter or eliminate the problem in Nikiski. Is laying the groundwork for potential bloodshed in the streets of Nikiski because of a low intensity conflict between militant vigilantes and drug dealers desired by the local population? Certainly it is not and if it does happen, the population is innocently caught in the middle of the conflict. However, I see no fault in concerned citizens augmenting the police force with logistics and support while not being an “actionable arm” of the force.
When the first drug dealer or militia member is shot and killed (or God forbid an innocent child or adult), others will rally to the sympathy of cause on all sides thereby escalating the problem. More dealers and gang members, more militia members, families seeking retribution, more guns, more opportunities for innocents to be hurt and killed, and a plethora of negative publicity brought upon the situation and all those involved. In my opinion, you are openly asking for the State and Federal governments to step into all of your business.
You spoke in your article of the “Deacons of Defense” in the 1960’s. This organization acted in self-defense of violent crimes caused by racial oppression in the south. I submit to you, this is not the 1960’s, the south, and not an issue of racial oppression. This organization did not act in a law enforcement capacity and became an integral part of the civil rights movement. They promoted non-violence and did not go seeking trouble, but defended against it when necessary. I cannot say that the idea of a non-law enforcement para-military force desiring to root out drug dealers promotes the same ideology.
It would seem that you are wanting to assist the community in some way and I find that commendable. The community identified problems with the road system in Nikiski and that provides a tremendous opportunity for the militia to assist. The road system is a basic need/necessity for the population. Why not have the group develop a plan, implement that plan into action, and do some repairs? Showing that you care as much about the conditions of the roads as you do about drug dealers is another way to obtain legitimacy in the eyes of the Nikiski population.
Militias must seek to obtain and maintain legitimacy with the population they swear to defend. It isn’t always about defense…it is also about providing support to the communities in which they live and being proactive as leaders in that community. Militia personnel and groups must strive to do things better than the rest; they must hold themselves to a higher standard. The only organizations out there who do not have to hold themselves to a higher standard or act within the boundaries of the law are criminal organizations which is why, they are labeled as criminal.
These are my thoughts and analysis.
Shane
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If in referencing the Putin article things were taken out of context, then you should contact the paper and ask that they retract the article and provide a public apology for the distortion of facts. I agree, the media does indeed distort headlines in order to detract from facts and it is very easy for them to do so when someone provides the opportunity. And yes, the media does call militia groups anything but a defensive group and why shouldn’t they? I mean after all, over the last few decades groups and individuals of militias nationwide have provided the media with story after story and example after example of dissidence, anger, and overt hostility towards government. I do not necessarily feel that the public’s assumption of what the media states is fact in regards to militia groups. However, I do feel the perception that the public has in regards to militia groups is founded upon the more than numerous “bright and shining” examples of historical mal-actions taken by militia groups over the past decades. Honestly speaking, it has been a Public Affairs nightmare for an organization/group that needs to be moving towards legitimacy but instead keeps moving away from it by providing “chum” in the waters for a media feeding frenzy.
In my opinion, a militia is more than a defensive group or at least it should be. Yet, out of all the group websites and/or Facebook pages, I have seen nothing that promotes legitimacy. I do see countless pictures of personnel in tactical gear and uniforms conducting patrols, practicing H2H techniques, etc. I also read countless posts which involve a lot of complaining over what the government is and is not doing but I have yet to see one post or picture on pages involving group members doing anything of substantial value for the community and for me, this is worrisome.
I spoke in my post yesterday that we must hold ourselves to a higher standard and this must be done sooner rather than later. If we want to change the public perception as well as that of the media, then we must seize the opportunity to do so. Something as simple as providing a legitimate CPR/First Aid class (American Heart Association or American Red Cross) or provide a bi-monthly soup kitchen for those in need in the community can enhance positive perception. We should not show up to any of these gatherings wearing tactical uniforms or carrying weapons. Instead, we should have some nice pull over shirts/sweatshirts made with the group logo on the left chest area worn with nice blue jeans. We should be approachable instead of intimidating. These simple/soft approaches will tremendously assist us in our endeavors to change perception within the community and gain support. These events also provide for attendance of the media (newspaper and television) which promotes a positive message abroad if questions are correctly answered when fielded by reporters.
In regards to standing up to local drug dealers….a group of concerned citizens, abiding by the laws and processes set forth, should approach the city council with the issue. If the council chooses to ignore the concerns of the citizens, then one of those citizens should seek election to the council where they can propose and implement change. One person in a position of influence can sway the opinion of many others but it is imperative that the correct process be given a chance. The system is in no way perfect, but it is the system we have in place and the system we must abide by. A group of concerned citizens taking issues into their own hands is simply not the answer and creates more problems than it solves. All of us want to continue to do our part but we should remember that we must remain well within the rule of law in doing so.
While I do not believe that “Big Government” is the solution, I also do not believe that “Small Government” is the solution either. I also do not believe that “Self Governance” is the way to go; other countries have tried this to no avail. None of our government organizations are perfect, but show me one in this world that is. Bottom line, we don’t always have to support decisions made by our government and its politicians. The Constitution and the Bill or Rights provides us the right to disagree, however, there is a correct way to disagree. Even in opposing laws which we feel are unjust, we are still expected to act in a civil manner and abide by our established rules of law. Otherwise, we are no better off than third world countries that have no rules of law where numerous savages, barbarians, and other warring factions impose their will on the innocent and oppressed population.
Again, just my thoughts and analysis.
Shane
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----- Original Message -----From: Shane LandSent: Friday, May 29, 2015 2:45 PMSubject: Re: [AlaskaCitizensMilitia] Militia members needed
I have enjoyed the comments on this forum....I've learned much from Norm, Ray, Reed, JR, Dave and many others who have felt to post their opinions.
Shane, I'm glad you have decided to stay. It is always good to see how others think...and this particular discussion has caused me to do a LOT of thinking!