The Mayor and each Assembly Member must swear an oath of office to uphold the Constitutions of the United States and Alaska, State Statutes, and Borough Code.

 

From the Constitution of the State of Alaska:

Article 1 - Declaration of Rights

§ 2. Source of Government

All political power is inherent in the people. All government originates with the people, is founded upon their will only, and is instituted solely for the good of the people as a whole.

State Statutes; Title 29, are the rules governing municipalities in Alaska.  Title 29 sets limits to the power for each type of municipality.

 

The Borough has code written to give direction and set limits for the mayor and assembly to follow.  This code can be changed by the assembly or the public (by initiative), but results must comply with Title 29.

 

Failure by any elected official to follow the U.S. Constitution, Alaska Constitution, State Statutes, or Borough Code is a violation of their oath of office.

 

The Alaska State Constitution plus State Statutes guarantee citizens the right to petition their government.  In the Kenai Peninsula Borough, recall of a public official is an important part of that right.

 

Grounds for recall are: violation of the oath of office (misconduct in office), incompetence, corruption or failure to perform prescribed duties.