HomeMy WebLinkAboutRESOLUTION 1994-22SUGGESTED BY: City Clerk
City of Kenai
ZL~OOLU~XON NO, 94-SS
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI,~ ALASKA,
PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS' OF ..THE CITY
OF KENAI, AT A SPECIAL ELECTION TO BE HELD IN THE cITY OF. KENAI-
ON JUNE 28, 1994, THE QUESTION OF AMENDING THE RESIDENCY
REQUIREMENT CONTAINED IN THE KENAI CITY cHARTER, SECTION 2-1(B).
WHEREAS, Section 2-1(b) of the Kenai City Charter, as. elected in
1963, set a residency requirement of three years for'the purpose-
of running for the offices of mayor or councilmember; and,.
WHEREAS, in August, 1991, a challenge to the constitutionality of
the Kenai City Charter, Section 2-1(b) was filed in the Superior
Court; and,
WHEREAS, after the Superior Court upheld the constitutionality of
the Charter provision and dismissed the complaint, the
complainant appealed to the Alaska Supreme Court; and,
WHEREAS, the Alaska Supreme Court, in its Opinion No. 4067
reversed the Superior Court's Judgment and found Section 2-1(b)
of the Kenai City Charter to be incompatible with the equal
rights clause of the state constitution. ·
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows=
Section L8 A special election be held in the City of Kenai
on June 28, 1994 for the purpose of submittinq to the qualified
voters of the City of Kenai for approval or rejection, a
proposition to amend the residency requirement contained in the
Kenai City Charter, Section 2-1(b).
8eotXon 28
following fo~m:
The proposition shall be in substantially the
PROPOBXTZON
RBHXDENG~ REOUZRBItiBNT
The Alaska Supreme Court, in its Opinion No. 4067,
found Section 2-1(b) of the Kenai City Charter
(requiring a three-year residency of persons running
for mayor or councilmember), to be incompatible with
the equal rights clause of the state constitution.
Shall Kenai City Charter, Section 2-1(b) be amended to
read,
-1-
Only. qualified voters of the City who, 'at the time
'. of.:.the~r 'election or choice to fill a vacancy, ,are
:' /at' leaSt[twenty-one years old, and have resided
.?. '/"W'ith'/'tho:.'.-C~2y for one year, immediately preceding
...tho.:.elect!0n,' shall be' qualified for the offices
of .' Mayor . ' and .other councilmenbers. If a
c0un~[l~ember Ceases to be a resident of this'
-. "C~ty',:":- he/'She"'shall thereupon cease to hold
:".':. 'full. 0n the .ballOt:,'[ and. the ~ollowing words shall be added below
:. 0r ne~ ~..tO the' pr0POS~t~on as appropriate and next
"..provided for ~arking.the ballot:
' : "" FoR THE .'PROPOSITION YES
PASSED BY THE COUNCIL OF THE CITY OF KENAI,
of APril, 1994.
ALASKA, this 20th day
ATTESTs.
TO~
FROH:
DATE~
Rayor and Councilme~bers
Carol L. Freas, City/Clerk
City of Kenai~
April 12, :L994 ~/
SP~C.I'A~ ELECTXON
The Alaska Supreme Court, in its Opinion No. 4067, foUnd Section
2-1(b) of the Kenai City Charter (requiring a three-year
residency of persons running for mayor or councilmember), to be
incompatible with the equal rights clause of the state
constitution.
Section 12-1(a)(2) of the Xenai City Charter states,
(2) The Council by resolution or ordinance may
propose, and submit or provide for the submission of.,
Charter amendments to the qualified voters of the
City....A Charter amendment proposed by the'Council .may
be submitted to the qualified voters of the City at.an.
(sic) regular or special election held not less'than.'
two months after passage of the said resolution or ~./
ordinance.
In order 'to amend the Xenai City Charter, an election of:the
voters of the City must be held.
City'of Kenai's general election, by Charter, is held "on'the
first Tuesday of October of each calendar year." The general
election is called for the election of mayor and councilmembers.
The filing period for the October election is from August'I-i5
each year. During the filing period a person contemplating
candidacy must confirm their length of residency. Because-the
residency determination is made during the filing for office~ the
Charter must be amended prior to the August 1-15 filing period.
In order to amend the Charter prior to the filing period for the
Cityts October, 1994 general election, and to certify the
election by Council in a timely manner, a special election must
be held.
The attached Resolution No. 94-22 sets a special election date
and includes a question for the voters for the purpose of
amending the residency requirement in the Charter.
-1-
: The ?une 28, 1994 '" ~ ~
r date £or the spec:Lal' elect:Lon.vil'l allow
' the 60-day period'" £0r. the "Depart~aent .of ~us~tCa'.s rev~e~ ~:and' .'.'-
approval .0~ .the. 'eleo~&on, 'The ~une..28, 1994' .date. ~s': also
-:. ~not:~;__.._ _'less' ~an t~o. ~on~s a~ter :passage-Of .'~e.' Said 'resOlUtion. Or....