Chapter 2.03
MUNICIPAL OFFICERS AND EMPLOYEES
Sections:
2.03.010 Conflict of interest—Generally.
2.03.020 Conflict of interest—Voting.
2.03.040 Salaries of elected officials.
2.03.050 Appointment of officials.
2.03.060 Discrimination prohibited.
2.03.080 Conduct in office—Investigations.
2.03.090 Indemnity and defense of public officials and employees.
2.03.010 Conflict of interest—Generally.
Every council member, or member of a board or commission of the city shall declare any substantial direct financial interest which he has in an official action of the body and shall ask to be excused from voting on the issue. Other municipal officials or employees may not participate in an official action of the city in which the official or employee has a substantial financial interest. (Ord. 94-14 § 1, 1994.)
2.03.020 Conflict of interest—Voting.
A member intending to abstain from voting shall state the reason for abstaining before the roll call. The presiding member of the council or other municipal body shall determine whether the affected member’s participation or vote on the issue would constitute a conflict of interest. The decision of the presiding officer may be overridden by the majority vote of the governing body. If a question is raised under this section at any meeting, then the question shall be determined before the main question is voted upon. The affected member or members may not vote on the determination of conflict of interest. (Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.03.030 Oath of office.
A. All officials, elected or appointed, shall before taking office or commencing service affirm in writing one of the following at the sole option of the elected or appointed official:
“I __________ do solemnly affirm that I will support the Constitutions of the United States and State of Alaska and the laws and ordinances of the City of Dillingham, State of Alaska, and that I will honestly, faithfully and impartially perform the duties of the office of____________, so help me God.”
“I __________ do solemnly affirm that I will support the Constitutions of the United States and State of Alaska and the laws and ordinances of the City of Dillingham, State of Alaska, and that I will honestly, faithfully and impartially perform the duties of the office of______________.”
B. The oath shall be filed with the city clerk. (Ord. 77-5 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986; Ord. 96-1 § 1, 1996.)
2.03.040 Salaries of elected officials.
The council may fix by ordinance the salaries of elected officials before they are elected. Salaries may not be changed during a term of office. An elected official may not receive any other compensation for service to the municipality unless specifically authorized to do so by ordinance. Per diem payments or reimbursements for expenses are not compensation under this section. (Ord. 77-5 § 2 (part), 1977; Ord. 86-8 § 1, 1986.)
2.03.050 Appointment of officials.
The city manager, city attorney and city clerk are officials and are appointed by the city council. The city treasurer and police chief are appointed by the city manager with the approval of the council. Other officials and employees are appointed by the city manager. Officials serve at the pleasure of the appointing authority. (Ord. 77-5 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.03.060 Discrimination prohibited.
Subject to AS 14.14.140, no person may be appointed to or removed from municipal office or in any way favored or discriminated against with respect to a municipal position or municipal employment because of his or her race, color, sex, creed, national origin, sexual orientation or, unless otherwise contrary to law, because of his or her political opinions or affiliations. (Ord. 77-5 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.03.070 Vacancies.
An elected municipal office, except for that of mayor or school board member, is vacated under the following conditions and upon the declaration of vacancy by the council. The council shall within forty-five days appoint a qualified person. If less than thirty days remain in a term, a vacancy may not be filled unless the vacancy reduces the body to less than a quorum, in which case the remaining member shall appoint a number of qualified persons to constitute a quorum within seven days. The council shall declare an elective office vacant when the person elected:
A. Fails to qualify or take office within thirty days after his or her election or appointment;
B. Is physically absent from the municipality for a consecutive ninety-day period, unless excused by the council;
C. Resigns and the resignation is accepted;
D. Is physically or mentally unable to perform the duties of his or her office as determined by two-thirds vote of the council;
E. Is removed from office in accordance with Section 2.06.030 herein;
F. Misses three consecutive regular meetings unless excused; or
G. No longer physically resides in the municipality and two-thirds of the council members vote the seat vacant. (Ord. 77-5 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.03.080 Conduct in office—Investigations.
The council, the mayor, or any person or committee authorized by either of them, shall have power to inquire, through the city manager, into the conduct of any office, department, or officer of the city and to make investigations in municipal affairs and compel the production of books, papers and other evidence. Failure to obey orders to produce books or evidence shall constitute grounds for the immediate discharge of any officer or employee of the city. (Ord. 84-8, 1984; Ord. 86-8 § 1, 1986.)
2.03.090 Indemnity and defense of public officials and employees.
The city shall indemnify, hold harmless and defend city employees and officers including council members and members of boards or commissions established by this code from any claim or cause of action arising from actions or inactions on behalf of the city, it being the intent of this ordinance to encourage public service by protecting persons from personal liability in the performance of city affairs. (Ord. 86-2, 1986; Ord. 86-8 § 1, 1986.)