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    3. a.    
Assembly - Special
Meeting Date: 08/15/2018  
Submitted By: Kacie Paxton
Department: Clerk  
Approved for Submittal: Cynna Gubatayao, Finance Director
Ruben Duran, Manager
Deanna Thomas, Asst Manager
Approved as to form:

Information
TITLE
Submitting to the Voters the Question to Recall a School Board Member on the October 2, 2018, Regular Borough Election Ballot
RECOMMENDED ACTION
"I move to acknowledge receipt of the submission of the petition to recall School Board Member Trevor Shaw, and to submit the recall question to the voters on the October 2, 2018, regular election ballot."
SUMMARY OF ISSUE
AS 29.26.310 states: "If a recall petition is sufficient, the clerk shall submit it to the governing body at the next regular meeting or at a special meeting held before the next regular meeting."

AS 29.26.320(a) states: "If a regular election occurs within 75 days but not sooner than 45 days after submission of the petition to the governing body, the governing body shall submit the recall at that election."

On July 16, 2018, the Borough Clerk received an application for a petition to recall School Board Member Trevor Shaw.  The Clerk sent the application to a contract attorney for a legal review to determine whether the application met the requirements of AS 29.26.260.  On July 23, 2018, the Clerk certified the application as sufficient, and prepared the petition books for the petition sponsors.

On August 7, 2018, the main contact person for the petition sponsors submitted the petition booklets as a single instrument. The Clerk reviewed the signatures in accordance with AS 29.26.270-290, determining both valid and invalid signatures. The Clerk verified that the petition filed contains more than the 540 valid signatures required by Alaska Statutes.

The petition was submitted within the timeline allowable by Statutes, and the statutory requirements for the petition have been met.  Therefore, the Clerk will submit the petition to the Assembly at the special meeting of August 15, 2018. The Assembly shall submit the recall to the voters at the October 2, 2018, regular Borough election, in accordance with AS 29.26.320. 

AS 29.26.330 provides for the form of the recall ballot.  It must contain:
(1) the grounds for recall as stated in 200 words or less on the recall petition;
(2) a statement by the official named on the recall petition of 200 words or less, if the statement is filed with the clerk for publication and public inspection at least 20 days before the election;
(3) the following question: "Shall (name of person) be recalled from the office of (office)? Yes [ ] No [ ]".
 
The grounds for recall as stated in 200 words or less on the recall petition, and which will be included on the ballot, are:
 
We, the undersigned residents of Ketchikan Gateway Borough, call on the Ketchikan Gateway Borough to recall school board member, Trevor Shaw, on the grounds of incompetence, and failure to perform prescribed duties by violating bylaws of the board. Mr. Shaw has exhibited a concerning level of disregard for the betterment and wellbeing of the district. In verbally and physically dismissing a student representative's request to be heard, Board President Trevor Shaw violated (BB 9110), by disallowing said student representative to "have the right to be recognized at meetings, participate in questioning witnesses and discussing issues" during the interview and discussion process of appointing a citizen to the vacant school board seat. We need a school board president whom is an advocate for our school district. Ketchikan must recall the position of school board member Trevor Shaw, if the school district is to honor its own mission, "to provide high quality instruction to every student within a positive environment reflective of our community needs." (163 words)
 
In order to meet the timeline for the printing of the ballots for the October 2, 2018, election, the Clerk has requested the rebuttal statement of 200 words or less be submitted to the Clerk by the subject of the recall by August 27, 2018.

Attached to this agenda item is the Borough Clerk's Certificate of the recall petition.

Fiscal Impact
Attachments
Clerk Certificate
AS 29 Article 3 Recall

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