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HomeMy WebLinkAboutFNSB Ticasuk Brown Supporting Docs.Sec. 29.20.220. ALASKA STATUTES sec. 29.20.230. Article 3. Municipal Executive and Administrator. Section 220. Executive power 260. Executive absence 230. Election and term of mayor 270. Veto 240. Qualifications for the office of mayor 280. Vacancy in the office of mayo 250. Powers and duties of mayor Sec. 29.20.220. Executive power. (a) The executive power in a municipality is vested in a mayor. The mayor of a home rule or unified municipality is elected by the voters. The mayors of other municipalities are elected in accordance with AS 29.20.230. (b) The mayor acts as ceremonial head of government, executes official documents on authorization of the governing body, and is responsible for additional duties and powers prescribed by this chapter or by home rule charter. (c) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985) Sec. 29.20.230. Election and term of mayor. (a) The mayor of a borough or first class city is elected at large. The mayor of a borough or first class city serves a term of three years, unless by ordinance a different term not to exceed four years is provided. The current term of an incumbent mayor may not be altered. The regular term of a mayor of a borough or first class city begins on the first Monday following certification of the election. (b) The mayor of a second class city is elected by and from the council, and serves until a successor is elected and qualifies. The council of a second class city shall meet on the first Monday after certification of the regular election and elect a mayor who takes office immediately. The mayor of a second class city serves a one-year term, unless a longer term is provided by ordinance. The mayor of a second class city may serve only while a member of the council regardless of the term established for the office of mayor. (c) Except by ordinance ratified by the voters, no limit may be placed on the total number of terms or number of consecutive terms a mayor may serve. (d) Notwithstanding (b) of this section, a second class city may by ordinance provide that the mayor is elected, from the council, by the voters rather than by the council. If an ordinance is adopted under this subsection, the council shall meet on the first Monday after certification of each regular election and elect a council member to serve as mayor pro tempore who takes office immediately and exercises the powers and duties of mayor until the permanent mayor takes office. Within 45 days after certification of a regular election, a special election shall be held for the permanent mayor. The 48 Sec. 29.20.240. ALASKA STATUTES Sec. 29.20.270. permanent mayor takes office on the first Monday following certification of the special election and serves until the first Monday after certification of the next regular election. The term of a mayor in office on the effective date of an ordinance adopted under this subsection may not be altered. (§ 7 ch 74 SLA 1985; am § 1 ch 79 SLA 1996) Effect of amendments. The 1996 amendment, effective September 18, 1996, added subsection (d). Sec. 29.20.240. Qualifications for the office of mayor. (a) A voter of the municipality is eligible to hold the office of mayor in a borough or first class city. A member of the city council is eligible to hold the office of mayor in a second class city. (b) Residency requirements for the office of mayor not exceeding three years may be prescribed by ordinance. (§ 7 ch 74 SLA 1985) Sec. 29.20.250. Powers and duties of mayor. (a) If a municipality has not adopted a manager plan of government, the mayor is the chief administrator and the mayor has the same powers and duties as those of a manager under AS 29.20.500. (b) The mayor may take part in the discussion of a matter before the governing body. The mayor may not vote, except that the mayor of a first class city or the mayor of a borough with a manager form of government may vote in the case of a tie. The mayor of a second class city, as a council member, may vote on all matters. (§ 7 ch 74 SLA 1985) Sec. 29.20.260. Executive absence. The borough mayor, subject to assembly approval, shall designate a person to act as mayor during the borough mayor's temporary absence or disability. If a manager plan has been adopted, the assembly shall designate by resolution a borough administrative official to act as manager during the manager's absence or disability. (§ 7 ch 74 SLA 1985) Sec. 29.20.270. Veto. (a) Except as provided in (c) — (e) of this section, the mayor may veto an ordinance, resolution, motion, or other action of the governing body and may strike or reduce appropriation items. (b) A veto must be exercised before the next regular meeting of the governing body and must be accompanied by a written explanation of the reasons for the veto. A veto may be overridden by vote of two-thirds of the authorized membership of the governing body within 21 days following exercise of the veto, or at the next regular meeting, whichever is later. (c) The veto does not extend to (1) appropriation items in a school budget ordinance; 49 .280. ALASKA STATUTES Sec. 29.20.280. (2) actions of the governing body sitting as the board of equalization or the board of adjustment; (3) adoption or repeal of a manager plan of government. (d) The mayor of a second class city has no veto power. (e) The veto does not extend to an ordinance adopted under AS O4.11.501. This subsection applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985; am §§ 13, 14 ch 80 SLA 1986; am § 63 ch 101 SLA 1995) Effect of amendments. The 1995 amendment, effective July 1, 1995, made a section reference substitution in subsection (e). Sec. 29.20.280. Vacancy in the office of mayor. (a) The governing body shall, by two-thirds concurring vote, declare the office of mayor vacant only when the person elected (1) fails to qualify or take office within 30 days after election or appointment; (2) unless excused by the governing body, is physically absent for 90 consecutive days; (3) resigns and the resignation is accepted; (4) is physically or mentally unable to perform the duties of office; (5) is convicted of a felony or of an offense involving a violation of the oath of office; (6) is convicted of a felony or misdemeanor described in AS 15.56; (7) is convicted of a violation of AS 15.13; (8) no longer physically resides in the municipality; or (9) if a member of the governing body in a second class city, misses three consecutive regular meetings and is not excused. (b) A vacancy in the office of mayor occurring six months before a regular election shall be filled by the governing body. The person appointed serves until the next regular election when a successor is elected to serve the balance of the term. If a member of the governing body is appointed mayor, the member shall resign the seat on the governing body. If a vacancy occurs more than six months before a regular election, the governing body shall call a special election to fill the unexpired term. (c) Notwithstanding (b) of this section, a vacancy in the office of mayor of a second class city shall be filled by and from the council. A mayor appointed under this subsection serves the balance of the term to which appointed, except the mayor may serve only while a member of the council. (§ 7 ch 74 SLA 1985) 50 ALASKA STATUTES See. 29.20.460. to the municipality for the faithful performance of the duties as clerk -treasurer. (§ 7 ch 74 SLA 1985; am § 1 ch 11 SLA 1992) Effect of amendments. The 1992 amendment, effective July 28, 1992, rewrote subsection (a). Sec. 29.20.390. Municipal treasurer. (a) Except as provided in AS 14.14.060, the treasurer is the custodian of all municipal funds. The treasurer shall keep an itemized account of money received and disbursed. The treasurer shall pay money on vouchers drawn against appropriations. (b) The treasurer shall give bond to the municipality in a sum that the governing body directs. (§ 7 ch 74 SLA 1985) Sec. 29.20.400. Departments. (a) The governing body may establish municipal departments and distribute functions among them. (b) Each municipal department is administered by a department head. With the consent of the governing body, the mayor may serve as head of one or more departments or a single administrator may serve as head of two or more departments. (§ 7 ch 74 SLA 1985) Sec. 29.20.410. Personnel system. (a) Except as provided by (b) of this section, appointments and promotions of municipal employees are made on the basis of merit. The governing body may provide for a personnel system and classified service. (b) By ordinance the governing body may designate confidential or managerial positions that are wholly or partially exempt from the classified service. A wholly or partially exempt position is filled by a person who serves at the pleasure of the appointing authority and whose term of employment is determined by the appointing authority. (§ 7 ch 74 SLA 1985) Article 6. Manager Plan. Section 460. Manager Plan 500. Powers and duties of a manager 470. Election on adoption of manager plan 510. Intergovernmental appointment of 480. Adoption of manager plan manager 490. Appointment of manager 520. Repeal of manager plan Sec. 29.20.460. Manager plan. (a) A municipality may adopt a manager plan of government. Adoption of a manager plan may be initiated either by petition or by motion adopted by the governing body. 611 sec. 29.20.470. ALASKA STATUTES Sec. 29.20.500. (b) A petition for the adoption of a manager plan shall meet the requirements of AS 29.26.110 - 29.26.160 except, instead of containing an ordinance or resolution, the application submitted under AS 29.26.110(a) must contain the question of whether a manager plan for the municipality should be adopted and material required under AS 29.26.120(a)(1) and (2) shall be replaced with the same question. (c) If the clerk certifies under AS 29.26.140 that a petition is sufficient, the petition shall be submitted to the governing body. (§ 7 ch 74 SLA 1985; am § 4 ch 80 SLA 1989) Effect of amendments. The 1989 amendment, effective August 30, 1989, rewrote this section. Sec. 29.20.470. Election on adoption of manager plan. The governing body shall provide by ordinance or resolution for a vote on the question of adopting a manager plan at the next election when it (1) receives a petition to submit the question to the voters that has been certified as sufficient by the clerk; or (2) adopts a motion to submit the question to the voters. (§ 7 ch 74 SLA 1985; am § 5 ch 80 SLA 1989) Effect of amendments. The 1989 amendment, effective August 30, 1989, rewrote this section. Sec. 29.20.480. Adoption of manager plan. (a) If a manager plan is approved, the governing body shall, within 60 days, adopt the plan by ordinance or resolution. (b) The governing body shall notify the department of the adoption of a manager plan. (§ 7 ch 74 SLA 1985) Sec. 29.20.490. Appointment of manager. (a) The governing body shall appoint a manager by a majority vote of its membership. A manager is chosen on the basis of administrative qualifications and receives the compensation set by the governing body. A member of the governing body may not be appointed manager of the municipality sooner than one year after leaving office, except by a vote of three -fourths of the authorized membership of the governing body. (b) Subject to the contract of employment, the manager holds office at the pleasure of the governing body. (§ 7 ch 74 SLA 1985) Sec. 29.20.500. Powers and duties of a manager. The manager may hire necessary administrative assistants and may authorize an administrative official to appoint, suspend, or remove subordinates. As chief administrator the manager shall 54 Sec. 29.20.510. ALASKA STATUTES sec. 29.20.520. (1) appoint, suspend, or remove municipal employees and administrative officials, except as provided otherwise in this title and AS 14.14.065; (2) supervise the enforcement of municipal law and carry out the directives of the governing body; (3) prepare and submit an annual budget and capital improvement program for consideration by the governing body, and execute the budget and capital improvement program adopted; (4) make monthly financial reports and other reports on municipal finances and operations as required by the governing body; (5) exercise custody over all real and personal property of the municipality, except property of the school district; (6) perform other duties required by law or by the governing body; and (7) serve as personnel officer, unless the governing body authorizes the manager to appoint a personnel officer. (§ 7 ch 74 SLA 1985) Sec. 29.20.510. Intergovernmental appointment of manager. A borough adopting a manager plan may, on agreement with a city in the borough, provide that the manager of the city serve also as borough manager. A city adopting a manager plan may, on agreement with the borough in which it is located, provide that the manager of the borough serve also as city manager. Appointment and service of the manager shall be as provided in AS 29.20.490 - 29.20.500. Nothing in this section affects the authority of the governing body to provide for other dual officeholding if the dual offices held are compatible, or otherwise to appoint officials and employees in accordance with law. (§ 7 ch 74 SLA 1985) Sec. 29.20.520. Repeal of manager plan. A municipality may repeal a manager plan by following the procedures under AS 29.20.460 - 29.20.480 for adoption of a manager plan, except the question shall be whether the manager plan should be repealed. Within 60 days after certification of the election approving repeal of a manager plan, the governing body shall enact provisions for the reorganization of the municipal executive and administrative functions. (§ 7 ch 74 SLA 1985; am § 6 ch 80 SLA 1989) Effect of amendments. The 1989 amendment, effective August 30, 1989, rewrote the first sentence and inserted 'certification of the election approving" in the second sentence. 55 Chapter 2.04 BOROUGH MAYOR Pagel of 3 Chapter 2.04 BOROUGH MAYOR'' Sections: 2.04.010 Power generally. 2.04.020 Qualifications. 2.04.030 Terms of office. 2.04.035 Removal from office. 2.04.040 Powers and duties of borough mayor. 2.04.050 Executive absence. 2.04.060 Assembly participation. 2.04.070 Veto. 2.04.080 Vacancy. 2.04.090 Salary. 2.04.010 Power generally. The executive and administrative power of the borough is vested in the borough mayor. (Ord. 84-104 § 2, 1984) 2.04.020 Qualifications. A qualified voter who has resided within the borough for a period of one year prior to filing his/her declaration of candidacy is eligible to be the borough mayor. An elected person may hold only one elective seat at a time. (Ord. 94-032 § 2, 1994; Ord. 87-049 § 2, 1988; Ord. 84- 104 § 2, 1984) 2.04.030 Terms of office. The borough mayor shall be elected for a term of three years, shall serve until a successor is elected and qualified, and is to begin service on the first Monday following certification of the mayor's election. No person who has been elected as borough mayor for two full successive terms shall be again eligible to hold that office until one full year has intervened. (Amended during 1993 republication; Ord. 90-040 § 2, 1990; Ord. 84-104 § 2, 1984) 2.04.035 Removal from office. The borough assembly, with the concurrence of two-thirds of its members, may remove the borough mayor from office for a conviction of a violation of AS 15.13 or a felony or misdemeanor described in AS 15.56 as a corrupt practice. The assembly shall consider a conviction of the borough mayor as a violation of AS 15.13 or a felony or misdemeanor described in AS 15.56 as a corrupt practice at its first meeting following the final determination of the conviction. (Ord. 84-104 § 2, 1984) 2.04.040 Powers and duties of borough mayor. The borough mayor, as the chief administrative officer of the borough, is responsible for the proper administration of all borough affairs. The borough mayor shall: A. Appoint borough employees except as otherwise provided by law. He may hire necessary administrative assistants and may authorize an appointive administrative director to appoint, suspend, or remove borough employees in accordance with law; B. Suspend or remove by written order borough employees as provided by law; http://www.codepublishing.comlaklfairbanksnorthstarboroughlhtrnUFairbanksNSB02lFair... 9/28/2012 Chapter 2.04 BOROUGH MAYOR Page 2 of 3 C. Supervise enforcement of borough law; D. Prepare the annual budget and capital improvements program for the assembly; E. Execute the budget and capital improvement program as adopted; F. Make monthly reports to the assembly on borough finances and operations; G. Report to the assembly at the end of each fiscal year on the finances and administrative activities of the borough; H. Prepare and make available for public distribution an annual report on borough affairs; I. Direct and supervise the administration of: 1. The functions of all borough officers and employees, except as provided otherwise by state law; 2. The care and custody of all borough buildings and of all real and personal property of the borough; 3. The construction, maintenance, and operation of all borough roads, bridges, drains, buildings, and other public works; J. Execute other powers or duties specified in state law or lawfully prescribed by the assembly. (Amended during 2004 republication; amended during 1993 republication; Ord. 84-104 § 2, 1984) 2.04.050 Executive absence. The borough mayor, subject to assembly approval, shall designate a person to act as mayor during the mayors temporary absence or disability. (Ord. 84-104 § 2, 1984) 2.04.060 Assembly participation. The borough mayor may take part in the discussion of all matters before the assembly, but may not vote. (Ord. 84-104 § 2, 1984) 2.04.070 Veto. A. Except as provided in subsection (C) of this section, the mayor may veto an ordinance, resolution, final motion, or other final action of the assembly and may strike or reduce appropriation items to delete or decrease, respectively, the amount of an appropriation. B. A veto must be exercised before the next regular meeting of the assembly and must be accompanied by a written explanation of the reasons for the veto. A veto may be overridden by vote of two-thirds of the authorized membership of the assembly within 21 days following exercise of the veto, or at the next regular meeting, whichever is later. C. The veto does not extend to: 1. Appropriation items in a school budget ordinance; 2. Actions of the assembly sitting as the board of equalization or the board of adjustment; 3. Adoption or repeal of a manager plan of government. (Ord. 90-026 § 2, 1990; Ord. 86- 023 § 2, 1986) http://www.codepublishing.com/ak/fairbanksnor-thstarboroughlhtrnllFairbanksNSB02IFair... 9/28/2012 Chapter 2.04 BOROUGH MAYOR Page 3 of 3 2.04.080 Vacancy. A vacancy in the office of the borough mayor occurring within six months prior to a regular election shall be filled by the assembly. The person designated shall serve until the next regular election and until a successor is elected and has qualified. If an assemblyperson is chosen, he shall resign his assembly seat. If a vacancy occurs more than six months before a regular election, the assembly shall call a special election to fill the unexpired term. (Ord. 86- 017 § 3, 1986; Ord. 84-104 § 2, 1984) 2.04.090 Salary. The assembly shall from time to time fix by ordinance the salary of the borough mayor. The salary of the borough mayor may not be reduced during his term of office. The mayor may not receive any other compensation for services to the borough. Per diem payments or reimbursements for expenses are not compensation under this section. (Ord. 84-104 § 2, 1984) For statutory provisions setting forth the qualifications, powers, and duties of the borough mayor, see AS 29.20; for provisions governing exercise of the mayor's powers in his absence, see AS 29.20; for provisions governing assembly participation, see AS 29.20; for provisions governing executive veto, see AS 29.20. The Fairbanks North Star Borough Code is current through Ordinance 2012-49, passed September 13, 2012. Disclaimer: The Borough Clerk's Office has the official version of the Fairbanks North Star Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http://www.co.fairbanks.ak.us/ (http://www.co.fairbanks.ak.us/) Borough Telephone: (907) 459-1401 Code Publishing Company (http://www.codepublishing.com/) eLibrary (http://www.codepublishing.com/elibrary.htmi) http://www.codepublishing.com/ak/fairbanksnorthstarborough/htmI/FairbanksNSBO21Fair... 9/28/2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 By: Natalie Howard Introduced: 06/09/11 Advanced: 06/09/11 Amended: 07/21 /11 FAIRBANKS NORTH STAR BOROUGH ORDINANCE NO. 2011 - 34 AN ORDINANCE AMENDING CHAPTER 3.02 GRANT MANAGEMENT AND MINIMUM GRANT STANDARDS AND REQUIREMENTS WHEREAS, currently borough code completely exempts grants less than $100,000 from all minimum grant standards and requirements; and WHEREAS, some grant requirements such as provisions prohibiting the use of grant funds for lobbying and alcoholic beverages should apply to all grants regardless of their size; and WHEREAS, assembly approval prior to the Borough applying for any grants will ensure that the Assembly supports obtaining the grant and avoid the often time-consuming process of applying for a grant which the Assembly may not wish to accept. NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks North Star Borough: be codified. Section 1. This ordinance is of a general and permanent nature and shall Section 2. Chapter 3.02 Grant Management is hereby amended as follows: 3.02.010 Minimum grant standards and requirements. A. The following minimum grant standards and requirements shall be incorporated into all borough grant agreements unless the assembly in the appropriating or authorizing ordinance waives a standard or requirement: 1. Goals and Objectives. Each grant recipient shall provide the borough with attainable and measurable goal(s), objective(s), and/or outcome(s) which address the purpose(s) of the grant award. 2. Payment Schedule. Each grant award shall outline a payment schedule which reflects the cash flow needs of the recipient balanced with the compliance requirements of the borough. Advances are neither prohibited nor required. Retainages are recommended. CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED] Fairbanks North Star Borough, Alaska ORDINANCE NO. 2011 - 34 Page 1 of 4 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 3. Use of Grant Funds. Grant funds may not be used for expenses or obligations incurred outside the effective dates of the grant award. a. Recipients of borough grants shall comply with the provisions of the U.S. Government's Office of Management and Budget (OMB) Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments" (OMB A-87). The current version of OMB A-87 shall be used. b. Notwithstanding the OMB A-87 cost principles, the following costs shall be unallowable: i. ii. iii. iv. Alcoholic beverages; Bad debts; Contingency provisions; Donations and contributions; V. Entertainment costs; vi. Fines and penalties; vii. Goods or services for personal use; viii. Legal expenses for claims against the borough; ix. Lobbying; and X. Memberships in organizations substantially engaged in lobbying; and The following costs shall require prior approval from the borough: xi. Fundraising costs; xii. Capital expenditures. C. The grant agreement may, at the borough's sole discretion, prohibit or further restrict additional expenditures. d. Expenditures charged to, and reimbursed by, the borough grant may not likewise be reported to, and reimbursed by, any other grant or other external funding source (i.e., no "double-dipping" is allowed). e. Disallowed expenditures shall be returned to the borough. 4. Financial Management System. The grant recipient shall establish and maintain a financial management system conforming with generally accepted accounting principles and maintain the financial records and accounts in a manner which permits them to be audited for compliance with the grant award. 5. Reporting. The grant recipient shall submit to the borough periodic financial reports, as prescribed by the chief financial officer (CFO), and narrative status reports at [east quarterly. Barring compelling circumstances, as determined by the CFO, reports are due no later than one month after the reporting period end date. Narrative status reports shall describe progress toward the goal(s)/objective(s)/outcome(s) of the grant award. 6. Audits. During normal business hours, the grant recipient shall permit the borough or its representative to review, monitor, audit, and evaluate all financial and programmatic records of the grant recipient to determine compliance with the terms and conditions of the grant award. If an independent, borough, federal, or state audit finding indicates unallowable costs, then a plan for reimbursement shall be submitted to the borough within 30 days of the audit completion. A plan for correcting all findings, CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED] Fairbanks North Star Borough Alaska ORDINANCE NO.2011 - 34 Page 2 of 4 89 questioned costs, internal control deficiencies/reportable conditions, and material 90 weaknesses/significant deficiencies must also be submitted within 45 days of the audit 91 completion. 92 7. Records Management and Retention. The grant recipient shall retain grant 93 and subcontract records, including records of the receipt and disposition of grant 94 income, for a period of three years from the date of submission to the borough of the 95 grant recipient's final financial and narrative status reports. The grant recipient shall 96 continue to retain records as long as an audit is in progress or as long as audit findings, 97 litigation, or claims involving the records are pending. After resolution, the grant 98 recipient shall retain required records for an additional three years. If for any reason the 99 grant recipient ceases operations before the end of any record retention period, all 100 financial and program records shall be delivered to the borough. 101 8. Duties Upon Termination/Expiration. If the grant recipient receives 102 payments exceeding the amount to which it is entitled, it shall remit the excess to the 103 borough within 30 days of receiving written notice of termination. The grant recipient 104 shall not be entitled to final compensation until all final financial and narrative status 105 reports and documentation required or requested by the borough have been delivered 106 to the borough. If any costs are disallowed as a result of a subsequent audit, the 107 borough may recover those costs. Upon expiration of the grant award, the grant 108 recipient shall promptly refund to the borough any unobligated grant funds paid to the 109 grant recipient. Obligated funds must be expended or returned to the borough within 30 110 days after expiration of the grant award. III 112 3.02.020 Exceptions. 113 A. The minimum grant standard and requirements set forth in this chapter shall not 114 apply: 115 [A.]1. To direct program or pass -through grants that do not involve or spend any 116 borough money or funding; or 117 jB.] 2. To the extent a third party funding source's requirements conflict with a 118 borough standard or requirement; 119 jC.]B. Section A. 4, Financial Management System, Section A. 5 Reporting and Section 120 A.6 Audits of this chapter shall not apply P]to grants with a total value of less than 121 $100,000. 122 123 Section 3. Chapter 3.02 is hereby modified to add the following new Section: 124 125 3.02.030 Assembly Notification. 126 The borough administration shall notify the assembly by memorandum when a grant is 127 being pursued and provide a project description and amount. 128 129 Section 3. Effective Date. This ordinance shall be effective at 5:00 p.m. of the 130 first Borough business day following its adoption. 131 132 133 CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED] Fairbanks North Star Borough, Alaska ORDINANCE NO. 2011 - 34 Page 3 of 4 134 PASSED AND APPROVED THIS 215` DAY OF JULY 2011. 135 136 �— Jos,0 C. Blanchard II PiAsiding Officer ATTEST: Mona(Lisa Drex er, MMC 137 Municipal Borough Clerk 138 139 Ayes: Hutchison, Howard, Beck, Dukes, Want, Winters, Musick, Blanchard II 140 Noes: None 141 Excused: Kassel CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED] Fairbanks North Star Borough, Alaska ORDINANCE NO. 2011 - 34 Page 4 of 4 ?111, LWVL`-L1•` �A—P� +� �1�"�Y' INSR NO. 25.02 DATE: GRANTS POLICY This ulicy estaUshcs proper adrninixrmtion and accounting of grans awaninl to mid by the Pairbanks North Star Borough. POLICY it is the policy of the Renuugh that all grants will be adminii crad and accounted for in such a manner as to corny y with applicable federal, state, and local stannci, ord'urvaces, regulaLoiss, and &Want cuntnmx terms. Lt. addition; rccipicna of gratus awarded direerly by the FNSR wilt he held accountable fnr such £urvis and the FNSR WO r. itor all grantees Wwis:ently. If. SL?PPLEmF—N'TALLxFOR.tiiA7TON 1. U.S. Ofiice of Management and Rudgct Circulars: A•87 - Con Principles for Scare and LOC21 Grtvermnena, A-102 - L:r iform Requirements for Assistance to Statc and LxaL Giowcrnme=M 2. AS 37.05.315-316 3. RVSR 3.01 4. FNSB 3.U3 13, Definitions - 1. Cram: All monies corning from another gnvcrruncmtal agenry/eorpnratianjfowtdatian, or ocher, which are restricted as to use mid accounted for in any fund odor than the guaerO fund. Any ;nooks appropriated ha the FNSR directly to any organintion or individual. 2. Graoree: FNSB department or outside nr&,ariation which will manage the pro;ce.. C. Attachments - None SUPERSEDES_ 25.02 (05113,r88) PRIMAILY RESPONSIBILITY: FS APPRGVED^ �`'� FNS'o 40.=5.02.C: OAT=: •3-/.3/8g GRANTS: APaLICATiCNS This procedure outlines the steps necessary for grant applications. 1. PROCEDURE A. Grant applications will oe prepared by the grantee •department. 9. Fill out Grant Application Summary `orm and routs with the application, C. P-oject budget and all financial related items will be reviewed by the Grants Accountant pr`or to submittal to the Mayor's Office. D. The Mayor or designee wi'l sign all •grant applications. E. The Grantee department is reseonaib'.e `or mailing the aoplicaV on• to the grantor and forwarcing a copy o° the apolica.ion wft•n th.e Mayor's signature to the Grants Acccuntant. F. The Grants Accountant will keep all applicaticns and Grant Application Summaries on file, G. Upon receipt of "notification of grant award" (or non -award) the grantee department will notify the Grants Accountant and forward the original "notification cf grant award" for non -award) and nriainal approved grant agreement (if apolicaolel. I:. SUPPLEMEN AL I ORMAT:ON A. .references - lone. R. Oefinitions - Grant Application: Form which must be submitted to Grantor requesting funding for pro1jects. This is not a request for a direct appropriation from the State Legislature. C. Attachments - Grant Application Summary form, SUPERSEDES: 02.02.001 108-01-85) PRIMARY RESPONSIBILITY: FS GRANT kFP! CATIDN SURMARY Initial/Date Required Routing Name Depart7ent :Then Comolete Grantee Department Grants Accountant Hayors Office Grantee Depar:aent (copy) Grants Accountant ?rojact Name Grantee Depar*Meot ?roject Manager Ex" ?vndingt State Grant S FN58 Cash Hatch S Federal Grant b Other (Identify) # Total Protect Funding S Description of Grant ?roject: Proposal Deadline Date: Data ?roposal Mailed Project Start and Lapse Dates; Grantor Agency: (address) (address) (telephone 4) (contact person) _**�F+*►i*4iyRfk#*X*i****?1F*k*tF**i*+.**ft***t�kirit*'A**�*tk#Yr�k**w-k'k'�C'k*x'k�:FtF�F**A Grants Office Use (only) Fund Division MSA Project No. Date Awarded Ord. No. Date Ordinance 25.02.01-. AFPROVEJ� � � 5YS$ ,VO. 25.0?.C2 DATE: 5//3%xP GRANTS; NEW GRANTS This estaolisnes guidelines for the receint of grant funas. PROCECl1RI A. The Cirector of the grantee department will appoint a Project Manager. a. For any new grant, the Grants Accountant will orient the Project Manager of grant policies and procedures and any specialized financial regulations for that grant. C. Jpon notification of the grant award; the Project Manager wi:l prepare a resolution accepting the grant and submit it to the Grants Accountant for review and processing. 0. The Project Manager is responsible for ensuring that the Grants Accountant receives the following ORIGINAL documents: Notification of Grants Award, 2. Approved Grant Agreement (if applicablel. The Project Manager will coordinate the processing and approval of grant agreements. Grant agreements/contracts must be signed by the Mayor or designee ,prior to being mailed to the grantor agency. The Gran Ls Adcountant is responsible for maintaining the gran: file thereafter. The grantee department is responsible for precarind -he appro- priating ordinance, fiscal note, and project 1'ne-item budget including indirect. Refer to the ,procedure on Appropriating Ordinances for this process. F. EXCEPTION TO ABOVE PROGRESS: For grants which the State Legis- lature has appropriated directly to FN$B, the Grants Accountant will prepare the resolution (Step C(, will process the grant agreement and forward a copy to the Project Manager (Step 0), anc will prepare the appropriating ordinance (Step c"). The grantee department is responsible for the fiscal note and project line - item budget (Ste? El. The Grants Accountant will process these grants so that all grants awarded in a Senate or Housa 8:11 will be processed and ordinanced together. SUPERSECES: 02.C2.001 (08-01-051 PRIMARY RESPON516I_ITY: FS FNS8 No. 25.02.02 DATr; EI13JES G. At the discretion of the Grants Accountant, iothing shall orecluae acceptance and appropriation in the same ordinance if it will expedite the process. ISteps C and E.) H. Unon adoption by the Assemoly of the appropriating ordinance, the Grants Accountant will assign an MSA project number, and the General Ledger Accountant will post the line-iteni budget to the uSA accounting system. Block grants will be posted to an awaiting tudget account;center. The Project Manager will transfer funds to the individua: projects through budget transfers, following aopTicable grant requires authorization ,procedures. Match Reouirements. 1. From the aoplication or legislative reference, the Grants Accountant will determine if a grant requires Tatchinc funds from the Fairbanks North Star Borough and if the ma:cn must be a cash contribution or an in -kind contribution. 2. All cash matches must oe included in the appropriating ordinance. 3. If the Project Manager will use funds previously appro- priated as the match, the General Ledger Accountant must verify the availability and legality of the matching funds. 4. The Project Manager is responsible for collecting all the data necessary to document �n-kind matches. This data rust be submitted to the Grants Accountant in a t!aely manrer as required for grant resorts. 11. SUPPLEMENTAL INFORMATION A. References - U.S. Office of Management and Budget Circular A-•102, Attachment F; Matching Share B. Definitions - 1. Federal Government Grantor Agencies: Oepartment of oefense (0001 Department of Education (TIDE) Department of Labor IDOL) Department of Transportation (DOT) Environmental Protection Agency ;EPA; FU3 NO. 25.02.02 CAT=_: G1=31B8 9. Definitions continued. 2. 5tate of Alaska Grantor Aqencies: Department ❑f Administration {DOA) Department of Community and Regional Affairs (CRA) Department of Education (DOE) Department of Environmental Convervation IDEC) Department of Natural Resources 170) Department of Public Safety iDOP) Department ❑f TransportatiDnJPublic=acili:ies (COT) 3. Block Grant: A grant which is intenced for a common purpose that may enccmpasa several projects and, therefore, may have several different MSA cost centers and possibly several different nre ect managers 'e.g., Sera:e 3i 1 168 projects, 0168_). d. Match: That portion of a project which is not borne by tie grantor agency, :t rust be provided by the Fairbanks Nortn Star Borough. The natenina share requirements are incluced in grant contracts and are often prescribed by legisla:'on. S. Cash Contrioution: The Fairbanks North Star aorough's cash outlay used as the required match for a grant. 6. In -kind Contribution: The value of ron-cash contributions provided by the Fairbanks :North Star Borough in SLpoort of a grant. In -kind contributions may be in the form of charges for real nrorer:y ano non-expencaoie Dersonal orccer>y and tie value or goods ant services oirectly benefiting and specifically identifiable to the project or Grant. C. Attachments - None. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 By: Luke T. Hopkins, Mayor Introduced: 04/12/12 Advanced: 04/12/12 Substituted: 05/03/12 Amended: 05/03/12 Amended: 05/10/10 Adopted: 05/10/10 Immediate Reconsideration Failed: 05/10/12 Adopted: 05/10/12 FAIRBANKS NORTH STAR BOROUGH ORDINANCE NO. 2012-20 AN ORDINANCE APPROPRIATING FUNDS AS LISTED FOR THE FISCAL YEAR BEGINNING JULY 1, 2012; RATIFYING FISCAL POLICIES AND USER FEES; AND LEVYING TAXES WHEREAS, stability is a primary objective in the Mayor's FY 2012-13 recommended budget for the Fairbanks North Star Borough (Borough); and WHEREAS, based on the Governor's proposed FY 2012-13 budget, a potential $3,500,000 allocation of community revenue sharing funds from the State of Alaska could be available to the Borough; and WHEREAS, a reasonable plan is to provide taxpayer relief in the FY 2012-13 budget by using prudent levels of fund balance of the General Fund to reduce the areawide property tax levy, but to replenish that fund balance with the above anticipated revenue sources, upon their receipt by the Borough. NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks North Star Borough (Borough): Section 1. Classification. This ordinance is not of a general and permanent nature and shall not be codified. Section 2. Appropriations for All Departments and Funds. There is hereby appropriated for the fiscal year beginning July 1, 2012, the amounts set forth in Attachment A, attached hereto and made a part of this ordinance. Recipients named in the worksheets and budget document underlying this appropriating ordinance and its attachment are hereby made notwithstanding the provisions of Title 16 of the Fairbanks North Star Borough Code of Ordinances. Fairbanks North Star Borough Alaska ORDINANCE NO 2012-20 Pagel of 5 xvii 46 Section 3. Education Appropriation. As required by Alaska Statutes (A.S.) 47 14.14.060(c) and Fairbanks North Star Borough Code of Ordinances (FNSBC) 3.03.030A, 48 the sum of $260,063,090 is hereby approved as the total amount of the Fairbanks North Star 49 Borough School District budget for the fiscal year beginning July 1, 2012 and ending 50 June 30, 2013. This amount is not appropriated. The appropriation set forth in Attachment A 51 of this ordinance is the total amount of money, from local sources for school purposes, which 52 shall be made available during said fiscal year. The Borough operates a central treasury; 53 consequently, it may receive, from time to time during the fiscal year, sums appropriated by 54 other governmental entities for use by the School District. Said sums are not appropriated by 55 the Borough as relates to specific uses, which is the purview of the School Board. Individual 56 amounts received under $500,000 shall be communicated in writing to the Borough and shall 57 be added to the total approved amount and the Mayor shall deposit said sums to the 58 accounts of the School District and shall make said sums available for use by the School 59 District in accordance with law. Individual amounts received equal to or greater than 60 $500,000 shall not be added to the total amount unless approved by the Fairbanks North 61 Star Borough Assembly by supplemental ordinance. In accordance with state law, the 62 appropriations contained in this ordinance for local support to Education is stated only as a 63 lump sum and individual School District appropriation items are not included in this 64 ordinance. 65 66 Section 4. Appropriation Level. The appropriations set forth in Attachment A 67 of this ordinance are at the department and fund level, with expenditure allocations at the 68 division level. Non-specific adjustments made by the Assembly at the department level shall 69 be applied to the divisional expenditure allocations by the Mayor and the resulting adjusted 70 allocations shall be deemed approved by the Assembly for purposes of the final budget 71 document. Transfers of appropriations or supplemental appropriations may be made by the 72 Assembly by ordinance. 73 74 Section 5. Community Revenue Sharing. 75 A. General Fund Contingent Appropriation. Contingent upon receipt of the 76 funds, an estimated $3,500,000 is appropriated to the General Fund budgetary guideline 77 entitled "Contribution to Fund Balance" and Community Revenue Sharing revenue is 78 increased by a like amount. 79 The "Contribution to Fund Balance" appropriation and the estimated revenue 80 may be adjusted to reflect the actual amounts of the receipts. 81 B. Unincorporated Communities. Contingent upon receipt of the funds and in 82 accordance with A.S. 29.60.850 - 29.60.879, amounts received from the State, for eligible 83 unincorporated communities within the Borough, shall be distributed to those communities' 84 selected non-profit(s) which have complied with the Borough's administrative procedures for 85 receipt of the funds. 86 87 Section 6. General Fund - Mayor's Office Appropriation. The allocation for 88 areawide economic development in the Mayor's Office appropriation is made in accordance 89 with A.S. 29.35.110(c) and an agreement, dated May 20, 2004, among the Mayors of the 90 Borough and the Cities of Fairbanks and North Pole. 91 Fairbanks North Star Borough Alaska ORDINANCE NO. 2012-20 Page 2 of 5 92 Section 7. General Fund — Non -Departmental Appropriation. 93 A. Reaurwriation. The amounts in the Non -Departmental appropriation for 94 Reserve for Personnel Services, Valuation Expertise, and Reserve for Unforeseen Time- 95 Critical Events are reappropriated to the respective departments and funds for the purposes 96 described in the Budget Document. 97 B. Grants Local Match Intent. The $100,000 Grants Local Match portion of the 98 Non -Departmental appropriation, as described in the Budget Document, is set aside as the 99 funding source for any areawide local matches needed for grants to the Borough or as a 100 grant or match to another entity. Any grants awarded will be brought to the Assembly for 101 appropriation before the local match or grant is obligated, encumbered, or expended. 102 103 Section 8. Health and Social Services Intent. The $200,000 "Match 104 Assistance Grant" portion of the General Fund operating transfer to the Health and Social 105 Services division of the Financial Services department is set aside as a funding source for 106 any required local match assistance needed for grants received by non-profit organizations 107 serving the health and social services needs of the Borough community. The $50,000 108 "Match Assistance Grant — Safety Net Services" portion of the General Fund operating 109 transfer to the Health and Social Services division of the Financial Services department is set 110 aside as a funding source for any required local match assistance needed for grants received Ill by non-profit organizations serving the basic hunger, health, and shelter needs of the 112 Borough community. 113 114 Section 9. Provisions for Grants Appropriations. The appropriations for 15 grants, set forth in Attachment A of this ordinance, are estimated amounts. Actual amounts 116 will be appropriated contingent, and based, upon the respective signed grant agreements, 117 unless materially different, as determined by the Chief Financial Officer. 118 The appropriations for grants, set forth in Attachment A of this ordinance, are 119 effective for the periods specified in the respective signed grant agreements. 120 Grants -related appropriations are to be recorded and accounted for on the 121 Borough's books using the most appropriate fund(s) and method, as determined by the Chief 122 Financial Officer. 123 124 Section 10. Health Care Contingency Reserve Fund Appropriations. Monies 125 in the Health Care Contingency Reserve Fund are to be used in accordance with the Fund's 126 provisions and with the collective bargaining agreements, and the respective amounts 127 required by department and fund are hereby appropriated. 128 129 Section 11. Appropriation of Health Wellness Funds. All monies in the 130 Wellness Account are appropriated to be used in accordance with the Account's provisions 131 as outlined in the collective bargaining agreements. 132 133 Section 12. Lease Financing versus Direct Purchase. Vehicles and 134 equipment to be procured by the Vehicle & Equipment Fleet Fund are budgeted to be 135 financed through the Borough's Master Lease agreement, unless the item is of a low dollar 136 amount which may be purchased outright, as determined by the Chief Financial Officer. All 37 other Borough procurements are budgeted as outright purchases. However, the Chief Fairbanks North Star Borough, Alaska ORDINANCE NO. 2012-20 Page 3 of 5 xix 138 Financial Officer is authorized to determine whether use of the master lease for a large 139 procurement is appropriate, and if so, the related appropriations in this budget are hereby 140 adjusted to reflect that determination. 141 142 Section 13. Multi -Year — Merit Pay Program Reappropriation. The amounts in 143 the Merit Pay Program are reappropriated to the respective departments and funds for the 144 purposes described in the Budget Document when the fund/department does not have 145 excess funds to cover the increase. 146 147 Section 14. Lapse of Funds. 148 A. Health and Social Services "Match Assistance Grants". Notwithstanding 149 FNSBC 3.01.060, any unexpended, unencumbered remainders of these amounts shall not 150 lapse at June 30, 2013. 151 B. Vehicle & Equipment Fleet Fund - Transportation Department. 152 Notwithstanding FNSBC 3.01.060, if any item on the "List of Vehicles and Equipment to be 153 replaced in FY 2013" or a piece of equipment not materially different as determined by the 154 CFO has not yet been purchased, its appropriation shall not lapse until the purchase is 155 complete or has been abandoned. 156 C. Grants, Capital and Multi -Year Projects. In furtherance of 157 FNSBC 3.01.060B, upon completion or abandonment of the purposes of the appropriations 158 for grants, capital and multi -year projects, set forth in Attachment A of this ordinance, any 159 unexpended, unobligated portion of each respective contribution from another fund shall 160 lapse to the fund balance or unrestricted net assets, as appropriate, of the contributing fund. 161 162 Section 15. Rate of Real Property Tax for Areawide General Government 163 Purposes. There is hereby levied for areawide general government functions of the 164 Borough, a tax upon each dollar of property taxable under FNSBC 3.08, 3.12 and 3.46, for 165 property located within the Borough, at a rate of levy to be fixed by resolution which shall be 166 adopted before the 15th of June, 2012. 167 168 Section 16. Rate of Real Property Tax for Areawide Education Purposes. 169 There is hereby levied for areawide education functions of the Borough, a tax upon each 170 dollar of property taxable under FNSBC 3.08, 3.12 and 3.46, for property located within the 171 Borough, at a rate of levy to be fixed by resolution which shall be adopted before the 15th of 172 June,2012. 173 174 Section 17. Rate of Real Property Tax for Non-Areawide Purposes. There is 175 hereby levied for non-areawide functions of the Borough, a tax upon each dollar of property 176 taxable under FNSBC 3.08, 3.12 and 3.46, for property located within the Borough outside 177 the cities of Fairbanks and North Pole, at a rate of levy to be fixed by resolution which shall 178 be adopted before the 15th of June, 2012. 179 180 Fairbanks North Star Borough, Alaska ORDINANCE NO, 2012-20 Page 4 of 5 xx 181 Section 18. Rate of Real Property Tax for Solid Waste Collection District 182 Purposes. There is hereby levied for solid waste collection functions of the Borough, a tax 193 upon each dollar of property taxable under FNSBC 3.08, 3.12 and 3.46, for property located 184 within the Borough outside the city of Fairbanks, at a rate of levy to be fixed by resolution 185 which shall be adopted before the 15th of June, 2012. 186 197 Section 19. Rate of Real Property Tax for Service Area Purposes. There is 188 hereby levied for the various service area functions of the Borough, a tax upon each dollar of 189 property taxable under FNSBC 3.08, 3.12 and 3.46, for property located within each service 190 area of the Borough, at a rate of levy to be fixed by resolution which shall be adopted before 191 the 15th of June, 2012. 192 193 Section 20. Rate of Real Property Tax for Service Area Administrative Fee. 194 There is hereby levied, pursuant to FNSBC 14.01.161B, a tax upon each dollar of property 195 taxable under FNSBC 3.08, 3.12 and 3.46, for property located within each service area of 196 the Borough, at a rate of levy sufficient to at least pay the administrative fee. The exact rate 197 of levy will be fixed by resolution which shall be adopted before the 15th of June, 2012. 198 199 Section 21. Ratification. Passage and approval of this ordinance constitutes 200 ratification of the Fiscal Policies, and of the User Fee Schedule as shown in Appendix E (a 201 copy of which is attached), to be effective July 1, 2012, as found in Appendix E of the Budget 202 Document, except for the waiving of copying charges totaling less than five dollars which 203 shall be effective immediately upon adoption of this ordinance. '04 205 Section 22. Approval of Final Budget Document. Notwithstanding 206 FNSBC 3.03.040F, the Assembly of the Fairbanks North Star Borough hereby approves the 207 Budget Document, which allocates appropriations to various expenditure categories. 208 209 PASSED AND APPROVED THIS 101h DAY OF MAY, 2012. 210 211 212 Q/ I" —% 213 Diane L. Hutchison 214 Presiding Officer 215 216 ATTEST: 217 219 U 219 220 Moni Lisa Drexler, MMC 221 Municipal Borough Clerk 222 223 Ayes: Davies, Sattley, Winters, Musick, Kassel, Hutchison 224 Noes: Dukes, Howard, Want Fairbanks North Star Borough Alaska ORDINANCE NO. 2012-20 Page 5 of 5 xxi