HomeMy WebLinkAboutResolution No. 2013-39CITY OF KENAI
RESOLUTION NO. 2013 -39
Suggested by: Mayor
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
THE REGULAR ELECTION OF OCTOBER 1, 2013, THE QUESTION OF REPEALING
SECTION 9 -4, PARDONS, PAROLES AND COMMUNICATIONS, OF THE CHARTER OF
THE CITY OF KENAI TO REMOVE THE POWER OF THE MAYOR TO PARDON OR
PAROLE PERSONS CONVICTED OF VIOLATING CITY CHARTER OR ORDINANCE
AND TO COMMUTE SENTENCES.
WHEREAS, Section 9 - 4 Pardons, Paroles, and Communications, of the Kenai City
Charter provides the Mayor the power to pardon or to parole any person convicted of a
violation of the City Charter or ordinances, and to commute sentences subject to
regulation of the Council; and,
WHEREAS, the Council has not regulated the power of the Mayor to pardon, parole or
commute sentences for violations of City Charter or Code and it appears the Mayor
has only once, in 1970, issued a pardon, and there are no other records of paroles or
commuted sentences; and,
WHEREAS, the apparent lack of the exercise of power by City Mayor's in the last forty
years to issue pardons, paroles or commute sentences demonstrates that whatever
need was contemplated by the founders of the City's Charter no longer exists; and,
WHEREAS, bestowing the power to pardon, parole and commute sentences on one
person may unnecessarily infringe on due process, create inequitable remedies, allow
for the possibility of favoritism and short- circuit the administrative and judicial
systems of our local and state government designed to uphold justice in a fair and
equitable manner.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1: That the following proposition shall be submitted to the qualified voters
of the City of Kenai at the October 1, 2013 regular election in substantially the same
form as set out hereafter:
PROPOSITION No. X
Pardons, Paroles, and Communications.
Shall Section 9 - 4. Pardons, Paroles, and Communications, of the Charter of the
City of Kenai that reads as follows be repealed in its entirety:
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Resolution No. 2013 -39
Page 2 of 2
The Mayor shall have power to pardon or to parole any person convicted of a violation
of this Charter or of any ordinance, and to commute sentences therefore. The Council,
by ordinance, shall have power to regulate and to limit the power granted by this
section, and to provide that the Mayor may grant a pardon, parole, or commutation in
any or all cases only upon recommendation or with approval of the Council or of a
board created by ordinance.
PROPOSITION YES
[A Yes vote will repeal the Section of City Charter described above]
NO
[A No vote will retain the Section in Charter described above]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June,
2013.
ATT T:
S d digh, City Clerk
PAT PORTER, MAYOR
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