Chapter 2.58
BOARDS AND COMMISSIONS
Sections:
2.58.010 Boards and commissions.
2.58.020 Creation of City boards and commissions.
2.58.035 Commission and board member terms.
2.58.040 Commission and board bylaws.
2.58.010 Boards and commissions.
City Council may create or abolish boards and commissions. Council shall create or abolish boards and commissions via ordinance. Council shall establish the number of members of each board or commission, their terms of office, and the purpose for which the board or commission is created via ordinance. [Ord. 18-38(S) § 2, 2018].
2.58.020 Creation of City boards and commissions.
The following boards and commissions have been created by City Council and are subject to this chapter unless otherwise provided in this title:
a. Library Advisory Board;
b. Parks, Art, Recreation, and Culture Advisory Commission;
c. Port and Harbor Advisory Commission;
d. Planning Commission;
e. Economic Development Advisory Commission;
f. Americans with Disabilities Act Advisory Board. [Ord. 22-53(A) § 1, 2022; Ord. 18-38(S) § 2, 2018].
2.58.030 Applicability.
Except as otherwise provided within this title, this chapter applies to all boards and commissions created by City Council which exercise powers vested in the City or which serve as an advisory body of the City. This chapter does not apply to standing committees, special committees, work groups or task forces which are created jointly with other governing bodies, City staff or which do not exercise powers vested in the City. [Ord. 18-38(S) § 2, 2018].
2.58.035 Commission and board member terms.
Appointment and removal of the members of City boards and commissions shall be by recommendation of the Mayor and confirmation of such action by the Council, except as specifically provided otherwise in the Alaska Statutes and/or under other provisions of the code. In addition to the voting members of the board or commission, the Mayor may appoint honorary members of a board or commission, subject to confirmation by Council. The honorary members’ terms are to be determined at the time of appointment. Honorary members of a board or commission may participate in the deliberations of the board or commission, but may not vote, nor shall they be counted in determining whether a quorum is present. [Ord. 18-38(S) § 2, 2018].
2.58.040 Commission and board bylaws.
a. Except as otherwise provided in this title, all boards and commissions created by Council shall draft and approve proposed bylaws governing the operations of their respective areas of authority, subject to review by the City Attorney. Once approved by the board or commission, the proposed bylaws shall be submitted to Council for approval via resolution.
b. Except as otherwise provided in this title, the City Clerk shall file the bylaws and the resolution approving them. The City Clerk shall make the bylaws available to the public upon request.
c. A commission or board may recommend an amendment to its bylaws to Council after considering any amendments at two separate meetings. Amendments to bylaws of any City commission or board shall be effective upon approval of the amendments by Council via resolution. [Ord. 18-38(S) § 2, 2018].
2.58.050 Required procedures.
Except as otherwise provided in this title, bylaws for boards and commissions shall contain:
a. Presiding Officer. The presiding officer of the board or commission shall be the chairperson. In the chairperson’s absence, the vice-chairperson shall be the presiding officer. In all other circumstances, the most senior member shall preside. The presiding officer shall preserve order and decorum at all meetings of the board or commission, while promoting discussion by all members in deliberations unless otherwise prohibited by law.
b. Staff Liaison. The City Manager shall designate an employee to serve as a staff liaison to each board or commission. The staff liaison shall assist the chairperson in setting meetings, preparing agendas, and other documentary material, and coordinating the acquisition of needed materials and training.
c. Recording Clerk. The City Clerk shall designate a recording clerk to take minutes for each board and commission and that designee shall serve as the board’s or commission’s parliamentary advisory pursuant to AS 29.20.380(10) and HCC 2.12.010 and assist the chairperson with the conduct of the meeting.
d. Quorum. Four commission or board members shall constitute a quorum of seven members; and five commission or board members shall constitute a quorum of eight members.
e. Voting. Each member, including the chairperson, shall vote, and shall not abstain from voting, unless such member claims a conflict of interest, or has an excused absence, in which event the member shall be excused from voting. The member shall then state for the record the basis for the abstention.
1. Four affirmative votes of seven members and five affirmative votes of eight members are required to pass a motion.
2. Voting will be by a roll call vote, the order to be rotated; or by unanimous consent if no objection is expressed.
3. Voting by proxy or absentee is prohibited.
f. Staff Reports and Recommendations. The staff liaison shall submit reports and recommendations for those agenda items requiring decisions or recommendations by any board or commission. Other staff having experience, education, and professional training in the subject matter may provide input into the reports and recommendations, or may provide supplemental information. The information submitted may be oral, written or graphic, or some combination of all. Except as otherwise provided in this code, the reports and recommendations shall be accepted as evidence of record to the same extent as oral testimony and exhibits accepted from applicants, opponents, persons who are subjects of an inquiry, expert and lay witnesses, and members of the public who provide information for the record of the proceedings.
g. Attendance. Any member who is unable to attend a meeting, whether regular or special, shall contact the Clerk in advance no later than two hours prior to the scheduled meeting time for excusal.
h. Vacancies. With exception of the Planning Commission, a commission or board member’s appointment is vacated under the following conditions:
1. A member fails to qualify to take office within 30 days after their appointment;
2. A member resigns;
3. A member is physically or mentally unable to perform the duties of the office;
4. A member is convicted of a felony or of an offense involving a violation of their oath of office; or
5. A member has three consecutive unexcused absences, or misses half of all meetings within an appointment year, whether excused or unexcused.
Planning Commission vacancy terms are addressed in HCC 2.72.040(c).
i. Rules of Order. Boards and commissions shall abide by the current edition of Robert’s Rules of Order insofar as it is consistent with the board’s or commission’s bylaws, other provisions of the Homer City Code, or standing rules. In all other cases, bylaws, the code, or the standing rule shall prevail.
j. Training and Model Procedures.
1. Training sessions developed or arranged by the City Clerk and approved by the City Manager shall be mandatory unless a member’s absence is excused by the chairperson.
2. The City Manager and/or City Clerk, in their discretion and in consultation with the City Attorney as needed, may develop model procedures to be used as a guide for boards and commissions.
k. Teleconferencing. Teleconference participation is allowed with notice to the Clerk no later than two hours prior to the scheduled meeting time. [Ord. 21-50(S)(A) § 1, 2021; Ord. 18-38(S) § 2, 2018].
2.58.060 Teleconferencing.
a. This section governs the teleconference participation of board and commission members at all regular meetings, special meetings, and worksessions.
b. “Teleconference” means remote participation by telephone or web-based format by a member for a meeting of the board or commission which must enable the remote member, for the duration of the meeting, to clearly hear and to be heard by the chairperson, all other members, the staff liaison, the Clerk, and any public in attendance.
c. “Appointment year” means the 12-month period commencing the first day of the first month after expiration of terms.
d. The preferred procedure for all meetings is that all members should make all reasonable effort to be physically present at the designated time, date, and location within the City for the meeting. Teleconference participation is intended for good cause which may include, but is not limited to, absences required for work-related events, family emergencies, medical-related issues, or other good cause. Teleconferencing is not to be used as a regular means of attendance at meetings except during events described in subsection (g) of this section. A board or commission member allowed by this section to participate by teleconference shall, while actually on the teleconference, be deemed present at the meeting for all purposes.
e. Members who cannot be physically present for a meeting shall notify the Clerk in advance no later than two hours prior to the scheduled meeting time of their intent to appear by teleconference.
f. All members teleconferencing will establish a connection by telephone or web-based format and shall make every effort to participate in the entire meeting. If teleconference participation is interrupted due to poor connectivity and hinders the active participation of a member in the meeting, the chairperson will request a brief recess to allow the member to attempt to reestablish a connection. If the member cannot reestablish a connection after a recess and a quorum remains, the chairperson shall proceed with the meeting and the Clerk shall note in the minutes of the meeting the member’s inability to participate in the meeting due to technical difficulties. If quorum is lost, the chairperson shall adjourn the meeting and any remaining agenda items will carry over to the next regular or special meeting.
g. Subsection (d) of this section does not apply to meetings held while an emergency disaster declaration is in effect and the nature of the disaster significantly impacts a member’s ability to attend a meeting other than by teleconference or other technological means. [Ord. 21-50(S)(A) § 2, 2021].