Chapter 2.04
CITY COUNCIL
Sections:
2.04.035 Vacancies on the Council.
2.04.050 Compensation and reimbursement.
2.04.210 Parliamentary authority.
2.04.255 Conflict of interest.
2.04.010 Function.
A. It shall be the function of the City Council to exercise all of the legislative powers and policy-making powers of the City and to provide for the performance of all duties and obligations imposed upon the City by law. As elected representatives of the people of the community, Councilmembers shall give top priority to matters which promote the general welfare of the community as a whole.
B. The Council may combine any two appointive or administrative offices except Mayor and Deputy Mayor.
C. The Council shall act as the City’s zoning board in accordance with Chapter 10.07 HMC.
D. Only the City Council can enact ordinances and resolutions. (Ord. 74-A-2 § 2.1, 1975; Ord. 13-06 § 4, 2013)
2.04.020 Terms.
A Councilmember’s term shall be three years. A qualified candidate succeeds to the candidate’s elected office at the next regular or special Council meeting following certification of election and upon taking an oath of office in accordance with AS 29.20.600. (Ord. 74-A-2 § 2.2, 1975; Ord. 97-06, 1997; Ord. 13-06 § 4, 2013; Ord. 15-01 § 4, 2015; Ord. 18-10 § 5, 2018)
2.04.030 Composition.
The Council shall be composed of seven members. Councilmembers shall file for candidacy as provided for in Chapter 3.13 HMC and be elected at large to seats designated as A, B, C, D, E, F and G. (Ord. 74-A-1 § 1.2, 1975; Ord. 97-06, 1997; Ord. 13-06 § 4, 2013; Ord. 18-10 § 5, 2018)
2.04.035 Vacancies on the Council.
A. The Council shall, by two-thirds concurring vote, declare a council seat vacant only when the incumbent:
1. Fails to qualify or take office within 30 days after election or appointment;
2. Unless excused by the Council, is physically absent from the City for 90 consecutive calendar days;
3. Resigns and the resignation is accepted;
4. Is physically or mentally unable to perform the duties of office;
5. Is convicted of a felony or of an offense involving a violation of the oath of office;
6. Is convicted of a felony or misdemeanor described in AS 15.56;
7. Is convicted of a violation of AS 15.13;
8. No longer physically resides in the City; or
9. Unless excused by the Council, misses three consecutive regular meetings.
B. A Councilmember who ceases to be a City voter immediately forfeits office and no Council action is needed.
C. If a vacancy occurs on the Council, the remaining members shall appoint a qualified person to fill the vacancy within 45 days. If less than 30 days remain in a term, a vacancy shall not be filled. If 30 or more days remain in the term, and the notice of offices to be filled has already been advertised for the next regular election, the Council shall appoint a qualified person to fill the vacancy at the first regular meeting following the regular election.
D. If membership is reduced to less than the number required to constitute a quorum, the remaining members shall, within seven calendar days, appoint the number of qualified persons necessary to constitute a quorum.
E. A person appointed to fill a vacated seat serves until the next regular election, when a successor shall be elected to serve the balance of the term.
F. In the event of a vacancy in the elected office of Mayor or Deputy Mayor, the Council shall elect one of the remaining members to fill the vacancy until the next regular election.
G. In the event the vacancy includes the elected Councilmember position, the Council shall first fill the vacated position of the Council in accordance with HMC 3.05.070 prior to electing the position of Mayor or Deputy Mayor. (Ord. 13-06 § 4, 2013)
2.04.040 Eligibility.
A person is eligible to be a Councilmember if the person:
A. Is registered to vote as required by the state of Alaska and is qualified to vote in City elections as provided in HMC 3.13.010.
B. Has been a resident of the City or of territory annexed to the City for one year immediately prior to the election or appointment to fill a vacancy. (Ord. 74-A-1 § 1.3, 1975; Ord. 06-06 § 2, 2006; Ord. 13-06 § 4, 2013)
2.04.050 Compensation and reimbursement.
A. Councilmembers shall be compensated $25.00 for each regular meeting, special meeting, or work session attended. If meetings are held contiguously there will be compensation for one meeting. With the approval of the Mayor, Councilmembers attending and representing the City at a Matanuska-Susitna Borough Assembly meeting or other meetings outside the City will be compensated $25.00 as a City representative. The Councilmember will be required to provide a meeting report to the City Council.
B. Per diem payments or reimbursements are not considered compensation.
C. Changes to the compensation of elected officials shall take effect on the first Monday after the regular election in October. (Ord. 74-A-1 § 1.7, 1975; Ord. 97-06, 1997; Ord. 04-08 § 4, 2004; Ord. 09-07 § 4, 2009; Ord. 11-08 § 4, 2011; Ord. 11-14 § 4, 2011; Ord. 11-16 § 4, 2011; Ord. 13-06 § 4, 2013; Ord. 18-10 § 5, 2018)
2.04.060 Meetings.
Repealed by Ord. 13-06. (Ord. 83-A-1 § 4, 1983; Ord. 97-06, 1997; Ord. 99-01, 1999; Ord. 03-06 § 3, 2003; Ord. 09-26 § 4(A), 2010)
2.04.070 Organization.
Repealed by Ord. 13-06. (Ord. 74-A-1 § 1.5, 1975; Ord. 85-01, 1985; Ord. 86-03, 1986; Ord. 97-06, 1997; Ord. 98-07, 1998; Ord. 07-06 § 4, 2008; Ord. 09-26 § 4(A), 2010)
2.04.080 Officers.
Repealed by Ord. 13-06. (Ord. 74-A-2 § 2.3, 1975; Ord. 97-06, 1997; Ord. 10-03 § 4, 2010)
2.04.090 Mayor.
A. Executive power in the City is vested in the Mayor as prescribed in AS 29.20.220 through 29.20.280. The Mayor shall also be the Chief Administrator of the City and has the same powers and duties as those of a manager under AS 29.20.500. The Mayor shall be elected for a one-year term by and from the City Council at a special meeting on the first Monday following certification of the election. The election of the Mayor shall not be held on the same day as the certification of the election. The Mayor may serve only while a member of the Council.
B. Administrative Duties. As Chief Administrator the Mayor shall:
1. Preside at Council meetings;
2. Act as ceremonial head of the City;
3. Sign documents on behalf of the City;
4. Execute contracts in accordance with HMC 4.10.080;
5. Appoint, suspend or remove City employees and administrative officials as provided in the City’s personnel ordinances;
6. Supervise the enforcement of City law and carry out the directives of the Council;
7. Prepare and submit an annual budget and capital improvement program for consideration by the Council, and execute the budget and capital improvement program adopted;
8. Make monthly financial reports and other reports on City finances and operations as required by the Council;
9. Exercise custody over all real and personal property of the City;
10. Serve as personnel officer, unless the Council authorizes the Mayor to appoint a personnel officer;
11. Perform such other duties as required by law or ordinance or lawfully prescribed by the Council.
C. Compensation. The Mayor shall receive monthly compensation provided they are actively working for the City at least 100 hours per month.
1. The amount of compensation shall not exceed $1,500 per month. Per diem payments or reimbursements are not considered compensation.
2. In months where hours worked are less than the required 100 hours, the Mayor shall be reimbursed for hours worked at a rate equal to one percent of the monthly compensation multiplied by the number of hours worked. Compensation for less than 80 hours worked per month requires Council approval.
3. The Mayor may prearrange leave by giving the Council notice and designating the Deputy Mayor as Acting Mayor during the Mayor’s absence. If the Deputy Mayor is unable to serve as Acting Mayor, the Mayor will designate another Councilmember to serve as acting Mayor for the duration of their leave or until the Deputy Mayor is available during the Mayor’s leave.
4. In the Mayor’s unpaid absence, the designated Acting Mayor may be compensated for documented hours worked at a rate equal to one percent of the Mayor’s monthly compensation multiplied by the number of hours worked. Compensation shall be approved by majority vote of the Council.
5. While not in the office, the Mayor must be available to department heads via telephone or other communication media during City business hours, and must be able to return calls within a reasonable time.
6. The Mayor shall provide a report of hours worked monthly to the Treasurer. The report will include dates and hours worked on site and remotely. The report will be made available to the Council upon request.
7. The Mayor will not receive additional compensation for attending the City Council or Matanuska-Susitna Borough Assembly meetings as provided for in HMC 2.04.050(A). (Ord. 74-A-2 § 2.4(1), 1975; Ord. 97-06, 1997; 04-13 § 2, 2004; Ord. 09-07 § 4, 2009; Ord. 13-06 § 4, 2013; Ord. 18-10 § 5, 2018; Ord. 22-16 § 4, 2023)
2.04.100 Deputy Mayor.
A. The Deputy Mayor shall be elected for a one-year term by and from the City Council at a special meeting on the first Monday following certification of the election. The election of the Deputy Mayor shall not be held on the same day as the certification of the election. The Deputy Mayor may serve only while a member of the Council. The Deputy Mayor shall be recognized as standing second in line to the Mayor, and in the absence of the Mayor shall be designated as the Acting Mayor, with the same powers and responsibilities as the Mayor. The Deputy Mayor shall serve as sergeant-at-arms at all Council meetings.
B. The Deputy Mayor may prearrange leave by giving the Mayor notice so that another Councilmember may be designated in accordance with this chapter. (Ord. 74-A-2 § 2.4(2), 1975; Ord. 97-06, 1997; Ord. 12-04 § 4, 2012; Ord. 13-06 § 4, 2013; Ord. 18-10 § 5, 2018; Ord. 22-16 § 5, 2023)
2.04.110 Body of the Council.
Repealed by Ord. 13-06. (Ord. 74-A-2 § 2.4(6), 1975; Ord. 96-04, 1996; Ord. 97-06, 1997)
2.04.120 Appointment of Mayor and Deputy Mayor.
Repealed by Ord. 10-03. (Ord. 74-A-2 § 2.4(11), 1975; Ord. 97-06, 1997)
2.04.130 Recall.
Repealed by Ord. 13-06. (Ord. 74-A-1 § 1.8, 1975; Ord. 97-06, 1997)
2.04.140 Reports.
Repealed by Ord. 13-06. (Ord. 74-A-1 § 1.16, 1975; Ord. 85-01, 1985; Ord. 97-06, 1997)
2.04.150 Order of business.
Repealed by Ord. 13-06. (Ord. 74-A-2 § 2.4(7), 1975; Ord. 97-06, 1997; Ord. 07-06 § 4, 2008)
2.04.160 Conduct at meetings.
Repealed by Ord. 13-06. (Ord. 74-A-2 § 2.4(8), 1975; Ord. 97-06, 1997)
2.04.170 Responsibilities.
Repealed by Ord. 13-06. (Ord. 74-A-2 § 2.4(9), 1975)
2.04.180 Meetings.
A. Regular Meetings. Regular meetings of the Council shall be held on the second Thursday of each month beginning at 6:00 p.m. in the Council chambers, unless otherwise designated by the Council. The Council may cancel a regular meeting, however, if no quorum exists. In an emergency the Mayor may cancel a regular meeting. No regular meeting shall be held on any holiday recognized by the City.
B. Special Meetings. A special meeting of the Council may be held at the call of the Mayor or at least three Councilmembers. No business shall be transacted at any special meeting of the Council except that specifically stated in the notice of the meeting. A special meeting may be conducted with less than 24 hours’ notice if all Councilmembers are present or if absent Councilmembers have waived, in writing, the required notice. Waiver of notice can be made before or after the special meeting is held. A waiver of notice shall be made a part of the minutes.
C. Work Sessions. Work sessions are informal discussion sessions held for purposes of exchanging and gathering information, and formal rules of order are relaxed. Work sessions are not required to be recorded and minutes are not required to be kept. No votes may be taken and no decisions may be made in work session. The topics to be addressed in a work session shall be included in the published notice.
D. The Council shall adjourn not later than 11:00 p.m. unless by an affirmative vote of the Council. (Ord. 13-06 § 4, 2013; Ord. 14-03 § 4, 2014; Ord. 21-02 § 3, 2021)
2.04.190 Public meetings.
A. All meetings of the Council, except for executive sessions, are open to the public and, with the exception of work sessions, shall be electronically recorded.
B. In accordance with AS 44.62.310, reasonable public notice shall be given setting out the date, time and place and agenda for all Council meetings, using a combination of print and electronic media. The notice shall be posted at City Hall. The City Council shall provide notice in a consistent fashion for all its meetings.
C. The minutes are recorded for permanent retention, except work sessions which are informal. (Ord. 13-06 § 4, 2013; Ord. 14-03 § 4, 2014)
2.04.195 Teleconferencing.
A. Teleconferencing may be used in accordance with AS 44.62.310 and 44.62.312 and if all Councilmembers have an opportunity to evaluate all testimony and evidence to vote on actions.
B. The vote at a meeting held by teleconferencing shall be taken by roll call.
C. Teleconferencing may not be used as a regular form of participation for meetings.
D. A Councilmember may not participate in an executive session by telephone or other electronic means. (Ord. 14-03 § 4, 2014; Ord. 21-02 § 4, 2021)
2.04.200 Executive session.
A. If subjects excepted from public meetings are to be discussed the meeting shall be convened as a public meeting and the question of holding an executive session to discuss matters that come within the exceptions of subsection (B) of this section shall be determined by an affirmative vote of the Council. Subjects may not be considered while in an executive session, except those mentioned in the motion calling for the executive session, unless auxiliary to the main question. Action may not be taken at an executive session, except to give direction to an attorney regarding the handling of a specified legal matter.
B. Upon adoption of a motion stating the purpose for an executive session, the Council in closed session may discuss:
1. Potential or pending litigation to which the City may become or is a party;
2. Matters, the immediate public knowledge of which would clearly have an adverse effect upon finances of the City;
3. Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion;
4. Matters which by law or ordinance are required to be confidential;
5. Confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the City. (Ord. 13-06 § 4, 2013; Ord. 21-02 § 5, 2021)
2.04.210 Parliamentary authority.
All meetings shall be conducted in accordance with the current edition of Robert’s Rules of Order, Newly Revised, which shall be used as an advisory guide and kept by the City Clerk, or other rules the Council may adopt. (Ord. 13-06 § 4, 2013)
2.04.220 Quorum.
Four Councilmembers shall constitute a quorum. Four affirmative votes are required for passage of an ordinance, resolution or motion. A member disqualified by law from voting on a question may be considered present for the purposes of constituting a quorum. (Ord. 13-06 § 4, 2013)
2.04.230 Agenda and packets.
A. The Mayor/Council shall work with an agenda and a calendar of events. Councilmembers wishing to put items on the agenda must notify the Clerk 10 days prior to the scheduled meeting.
B. The Clerk shall prepare the agenda for each meeting after consultation with the Mayor. Items not on the agenda may not be discussed at the meeting unless approved by a majority vote of the Council.
C. The Clerk shall attempt to notify each Councilmember at least 48 hours prior to meeting. Notification shall be by means of a packet including information on the time and place of meeting and the agenda whenever practicable, minutes of the previous meeting, financial statements, and other background material pertinent to the agenda shall be included in the packet.
D. The order of business for each regular meeting shall be as follows:
1. Call to order.
2. Roll call.
3. Invocation and pledge of allegiance.
4. Approval of the agenda.
5. Special orders of the day.
6. Reports/correspondence.
a. Mat-Su Borough Assembly district representative.
b. Mayor’s report.
c. Commission/committee reports.
d. Department head reports.
i. City Clerk’s report.
ii. Treasurer’s report.
iii. Public Works’ report.
iv. Fire Chief’s report.
e. Information memorandums.
7. Public participation.
a. Public hearing.
b. Persons to be heard.
c. Audience comments.
8. Consent agenda.
a. Minutes of previous meeting.
b. Introduction of ordinances.
c. Resolutions.
d. Action memorandums.
9. Unfinished business.
10. New business.
11. Record of items placed on the table.
12. Audience comments.
13. Executive session.
14. Council, Clerk, and Mayor comments.
15. Adjournment.
E. At each public hearing, a member of the public may address the council for a maximum of three minutes before Council discussion of the proposed action. (Ord. 13-06 § 4, 2013; Ord. 19-01 § 5, 2019; Ord. 21-02 § 6, 2021)
2.04.240 Persons to be heard.
A. A person wishing to speak before the Council under the agenda item “persons to be heard” shall file an appearance request with the Clerk specifying the topic on which the person intends to speak. The Clerk shall place the appearance request on the next available regular meeting agenda.
B. The Clerk shall not accept appearance requests involving:
1. Items that have other clearly defined channels of resolution by the administration;
2. Items scheduled for public hearing on an agenda;
3. Items upon which litigation involving the applicant or applicant’s representative is currently pending.
C. In lieu of appearance requests, the Council shall accept brief communications on any subject.
D. Persons who do not wish to speak before the Council under persons to be heard, and who do not wish to submit written communications, may be heard under “audience comments,” which is scheduled for each regular meeting.
E. All presentations to the Council shall be limited to five minutes, unless otherwise ordered by the Council. (Ord. 13-06 § 4, 2013)
2.04.250 Council voting.
A. Four affirmative votes shall be required to carry any measure before the Council unless a greater number is required by ordinance. Any lesser number, even though it constitutes a majority of the members present, shall not carry and the measure shall be defeated.
B. All Councilmembers, unless lawfully excused, shall vote on each question before the council. (Ord. 13-06 § 4, 2013)
2.04.255 Conflict of interest.
A. A member of the City Council shall declare a substantial financial interest the Council member has in an official action and ask to be excused from a vote on the matter.
B. The Mayor or presiding officer shall rule on a request for a Council member to be excused from a vote.
C. The decision of the Mayor or presiding officer on a request by a Council member to be excused from a vote may be overridden by the majority vote of the Council.
D. A City employee or official other than a member of the City Council may not participate in an official action in which the employee or official has a substantial financial interest. (Ord. 16-12 § 4, 2016)
2.04.260 Council appointees.
A. The City Clerk, Treasurer, Police Chief, and Fire Chief are appointed by the Mayor, and must be confirmed by the Council. The appointees shall serve at the pleasure of the Council.
B. All appointments and promotions of officials and employees shall be on the basis of merit. The Council shall adopt by ordinance a policies and procedures manual which shall include a personnel system. The policies and procedures manual may be amended by resolution of the Council. All officials and employees have the right to be present at any meeting relating to their duties, disciplinary action or nomination. Any file kept on such persons must be made available for their inspection when requested. (Ord. 13-06 § 4, 2013)