The Haines Borough Assembly is slated to introduce an ordinance Tuesday that would change the person responsible for preparation of the agenda from the Mayor to the clerk.

It also attempts to more closely align code and policy on how items get on the agenda, striking some language from the borough’s Agenda Request Form that states “placement on a borough assembly agenda is not guaranteed.”

The change is in response to a citizen request from Mike Denker, who in June asked the assembly to take up the issue. Denker was concerned about the conflict between code – which he interprets to mean any correspondence addressed to the assembly and delivered to the clerk by the deadline must be included on the agenda – and policy – which states placement on the agenda isn’t guaranteed.

Denker was concerned about staff “screening” of items for the agenda, and several individuals came forward stating they had tried to have something included on the agenda but were denied.

The proposed ordinance also changes language on the Agenda Request Form to make the process of potentially re-routing a request to a more appropriate person more inclusive.

Current policy states, “In a manager form of government, some matters are not within the assembly’s purview and, as such, are more appropriately handled by staff. Your request will be referred to the borough manager and Mayor and may require legal review and/or more information before a determination can be made. You will be contacted and informed of the best and most appropriate avenue for action.”

The proposed changes soften the language and make the process more inclusive: “In a manager form of government, some matters may not be within the assembly’s purview and, as such, would be more appropriately handled by the borough manager. If that is the case, you will be contacted and we will discuss with you our recommendations for the best and most appropriate avenues for action.”

  Denker said he still has concerns and will work with the borough to polish and adjust the ordinance as it moves through the process.

  “It’s a step in the right direction but still comes up short,” Denker said. “I am preparing a memorandum specifically targeting this revised language that I will be presenting at the meeting. I will be making some recommended changes to the Agenda Request Form to align the policy with the First Amendment rules developed by the Supreme Court.”

  Denker also believes switching the person in charge of compiling the agenda from the Mayor to the clerk could present issues. “Specifically, there is a possible issue of governance when making the change from an elected official setting agendas to an official who is not directly answerable to the people in the voting booth.  While it is not uncommon for a government body to have a clerk set agendas, this could be an issue should a weak assembly not assert their authority over the preparation and setting of their meeting agendas. In essence, an assembly could have their agenda directed to them by an authoritative presence in the borough administration.”

  Denker acknowledged a different section of code already grants the clerk the power to compile the agenda.