Chapter 2.04
CITY COUNCIL
Sections
2.04.020 Quorum, rules, yeas, nays—voting
2.04.030 Ordinances—enacting clause
2.04.040 Ordinances—passage, when in effect
2.04.060 Adoption by reference
2.04.130 Motion—amending amendments
2.04.160 Teleconference participation in meetings
For statutory provisions requiring that meetings of all municipal bodies be public, see AS 29.20.020; for ordinance veto by mayor, see AS 29.20.270(e); for charter provisions regarding city council meetings and procedures, see City Charter Sections II-7—II-15.
2.04.010 Meetings
The council shall hold its regular meetings at 6:30 p.m. on the second and fourth Thursdays of each month. If the regular meeting day falls on a holiday or holiday eve, then the council may advance, retard, or cancel the meeting as necessary. When the lack of a quorum of the council necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the council may cancel such meeting and hear its business at the next regular meeting. Special meetings may be called by the mayor or by the city manager, upon the request of two or more members of the council, for the consideration of any specific business named in the request or call, and no other business can be transacted at such special meeting. [Ord. 1442 §2, 2023; Ord. 990 §6, 1994; election October 4, 1994; ratified October 13, 1994. CCK §2.2.1]
2.04.020 Quorum, rules, yeas, nays—voting
A majority of all the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day or from time to time. The council shall determine its own rules. On the demand of any member, the vote on any question shall be by yeas and nays, and entered in the journal; provided, that the council by rule or ordinance may require the vote on any or all questions to be by yeas and nays. A vote of at least a majority of all the councilmembers shall be required for the adoption of every motion. The mayor shall vote in case of a tie. All members in attendance shall vote on all questions unless disqualified from voting by KCC 2.10.060(d). The uncounted vote of a member who is disqualified from voting shall not be counted as a yea or nay vote, and if there are not at least four councilmembers in attendance who are qualified to vote, the matter shall be postponed until the next regular or special meeting at which four councilmembers qualified to vote on the matter are in attendance. [Ord. 573 §1, 1980. CCK §2.2.2]
2.04.025 Attendance excused
(a) For the purposes of removal from office under Charter Art. II, Sec. 8, the mayor’s or councilmember’s non-attendance of a regular meeting of the council shall be excused and not considered an absence if:
(1) A councilmember’s non-attendance is caused by illness of the councilmember or a member of the councilmember’s immediate family, official travel, or the member’s participation in a concurrent city-business activity, and the council previously approved the official travel or participation in the concurrent city-business activity by approval of the official travel calendar, resolution, or motion, and the councilmember provided clerk with written notice of the councilmember’s concurrent city-business activity.
(2) The mayor’s non-attendance is caused by illness of the mayor or a member of the mayor’s immediate family, official travel, or participation in a concurrent city-business activity, and the mayor provided the city clerk with written notice of the mayor’s concurrent city-business activity.
(b) If non-attendance is excused under subsection (a) of this section, the official’s non-attendance and concurrent city-business activity shall be noted by the presiding officer during roll call at the non-attended meeting, and the same shall be recorded in the minutes. [Ord. 1415 §1, 2021; Ord. 1389 §1, 2019]
2.04.030 Ordinances—enacting clause
The enacting clause of all ordinances passed by the council shall be, “Be it ordained by the Council of the City of Kodiak, Alaska”; and of all ordinances proposed by the voters under their power of initiative, “Be it ordained by the people of the City of Kodiak, Alaska.” [CCK §2.2.3]
2.04.040 Ordinances—passage, when in effect
(a) A proposed ordinance shall be read by title or in full and a vote of a majority of all councilmembers shall be required for advancing to second reading. Before a vote on final passage, a proposed ordinance shall be read by title or in full, and a vote of a majority of all the councilmembers shall be required for its final passage.
(b) The mayor shall have the power to veto ordinances and resolutions passed by the council; provided, that such power is exercised at the meeting of the council at which the ordinance or resolution is finally passed. The mayor shall advise the council in writing no later than the beginning of the next regular meeting of the reasons for vetoing an ordinance or resolution. The council may finally pass an ordinance or resolution over the veto of the mayor at such meeting, whether or not the mayor submits reasons for the veto. An affirmative vote of five members of the council shall be required to pass an ordinance which has been vetoed by the mayor, and the vote shall be by yeas and nays and entered in the journal.
(c) No ordinance except an emergency ordinance may be finally passed on the same day that it is introduced. Within 10 days after its final passage without a veto or final passage over the veto of the mayor, as the case may be, every ordinance shall be published in full or by number and title with a brief summary. Emergency ordinances and ordinances making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon such final passage unless they specify a later time. All other ordinances shall go into effect one month after such final passage and publication, unless they specify a later date. [Ord. 1060 §1, 1998. CCK §2.2.4]
2.04.050 Ordinances—emergency
An emergency ordinance is an ordinance which, in the judgment of the council, is necessary for the immediate preservation of the public peace, health, or safety, and which should become effective before an ordinary ordinance would become effective. Every such ordinance shall contain as a part of its title the words, “and declaring an emergency,” and in a separate section, herein called the emergency section, shall declare the emergency. An affirmative vote of at least five members of the council shall be required for the final passage of an emergency ordinance. [CCK §2.2.5]
2.04.060 Adoption by reference
The council, by ordinance, may adopt by reference codes, ordinances, standards, and regulations relating to matters which it has power to regulate otherwise. Such code, ordinance, standard, or regulation so adopted need not be enrolled in the book of ordinances; but a copy shall be filed and kept in the office of the city clerk. The city clerk shall keep copies of all such codes, ordinances, standards, and regulations in force for distribution or sale at their approximate cost. [CCK §2.2.6]
2.04.070 Rules of order
The most recent edition of Robert’s Rules of Order Newly Revised shall govern all matters of parliamentary procedure unless otherwise specifically provided for in this chapter. [Ord. 1139 §1, 2002; Ord. 481 §1, 1977. CCK §2.2.7]
2.04.080 Suspension of rules
No standing rule or order of the council shall be rescinded or suspended except by a vote of five members of the council in the affirmative; nor shall the order of business established by the council be changed except by a like vote. [Ord. 1139 §2, 2002. CCK §2.2.8]
2.04.090 Order of motions
Unless otherwise provided in Robert’s Rules of Order Newly Revised, when a motion is under debate, a motion may be made to:
(a) Fix the time to which to adjourn;
(b) Adjourn;
(c) Recess;
(d) Raise a question of privilege;
(e) Call for the orders of the day;
(f) Lay on the table;
(g) Previous question;
(h) Limit or extend limits of debate;
(i) Postpone to a certain time (or postpone definitely);
(j) Commit (or refer);
(k) Amend;
(l) Postpone indefinitely.
The above motions are listed in order of rank, with the motion at the top taking precedence over the others and each of the remaining motions taking precedence over those below it. A main motion is in order only when no other motion is pending. Unless other conditions affecting admissibility exist, when one of the listed motions is immediately pending, any other motion appearing above it on the list is in order, any appearing below it on the list is out of order. [Ord. 1139 §3, 2002. CCK §2.2.9]
2.04.100 Executive sessions
(a) The council may, after convening as a public meeting, upon a majority vote of the body, determine to meet in an executive session to discuss any matter set forth in subsection (b) or (c) of this section. The motion calling for the executive session shall state the subjects to be discussed and no other matters may be considered at the executive session.
(b) The following subjects may be discussed in an executive session:
(1) Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the government unit.
(2) Subjects that would tend to prejudice the reputation and character of any person; provided, however, the person may request a public discussion.
(3) Matters which by law, municipal charter, or ordinance are required to be kept confidential.
(c) At the request of the city attorney, the city manager, or any member of the council, the council may vote to meet in executive session to discuss legal matters or receive legal advice from an attorney, including but not limited to pending or anticipated litigation, recommendations regarding proposed legal matters the disclosure or public discussion of which will or may tend to adversely affect the legal positions of the city. All discussions with the attorney of legal matters considered pursuant to this section shall be confidential.
(d) No action may be taken at an executive session. [Ord. 505 §1, 1977]
2.04.110 Order of business
At all meetings of the council, the following regular order of business shall be observed:
(a) Call to order;
(b) Roll call;
(c) Previous minutes;
(d) Persons to be heard;
(e) Report of boards, commissions, and committees;
(f) Unfinished business;
(g) New business;
(h) Staff Reports.
(1) City manager;
(2) City clerk;
(i) Mayor’s comments;
(j) Council comments;
(k) Audience comments;
(l) Adjournment. [Ord. 1437 §1, 2023; Ord. 1202 §1, 2006; Ord. 579 §1, 1980]
2.04.120 Agenda
The agenda for each meeting of the city council shall be prepared by the city clerk after consultation with the city manager and the council. The agenda shall be distributed to each member of the council at least 48 hours prior to the meeting. [Ord. 1139 §4, 2002; Ord. 481 §4, 1977]
2.04.130 Motion—amending amendments
A motion may be made to amend an amendment, but a motion to amend an amendment to an amendment shall not be entertained. [Ord. 481 §4, 1977]
2.04.140 Motion to reconsider
(a) When a vote has been taken either passing or defeating any proposition, and it is desired to reconsider the action taken, a councilmember who voted on the prevailing side shall move during that meeting for reconsideration with the vote on the reconsideration to be made at the same meeting or at the next succeeding meeting. No action may be taken to implement the position of the prevailing side of a proposition while a motion for reconsideration is pending. If the motion for reconsideration is passed, the proposition is again placed before the council for any action on the motion that would have been appropriate prior to the passage or defeat of the proposition.
(b) The term “prevailing side” includes the negative side which has prevailed because the affirmative side failed to obtain the requisite number of votes required for passage of the proposition.
(c) No measure may be reconsidered more than once. [Ord. 664, 1983; Ord. 481 §4, 1977]
2.04.150 Motion to rescind
Any previous vote may be rescinded at any time by a vote of four members of the council, provided the subject matter has not passed out of the control of the council. [Ord. 481 §4, 1977]
2.04.160 Teleconference participation in meetings
(a) Teleconference participation by city officials in regular, special, or emergency meetings of the city council is permitted.
(b) Teleconference participation by city officials at city council work sessions, regular meetings, special meetings, emergency meetings, and committee/board meetings is permitted for the convenience of city officials who are unable to attend in person due to:
(1) An illness or injury of the city official or family member.
(2) The death of a family member.
(3) An employment-related commitment.
(4) A commitment for city business.
(5) An out-of-town commitment that prevents the city official from attending in person.
(c) A city official participating by teleconference shall, while actually on the teleconference, be deemed to be present at the meeting for all purposes and shall make every effort to participate in the entire meeting.
(d) Mayor and councilmembers shall not participate in an executive session by teleconference.
(e) If the mayor participates telephonically in work sessions, special meetings, regular meetings, or emergency meetings, the deputy mayor, if present, or another councilmember physically present and designated by consensus shall preside over and perform functions of the mayor at the meeting, if applicable.
(f) Prior to the meeting reasonable efforts will be made to ensure that the city official participating by teleconference is provided with the meeting agenda and other pertinent documents to be discussed and/or acted upon; access to the agenda and documents from the city’s website will be considered sufficient access.
(g) Teleconference participation by the public for public comments and testimony at public hearings or scheduled guest speakers for a specific agenda item is permitted at work sessions, regular and special meetings when teleconference equipment is available.
(h) “Teleconference” means a method used for remote participation by a city official for a work session, special meeting, regular meeting, emergency meeting or committee meeting of the city council that must enable the remote city official, for the duration of the meeting, to clearly hear and to be clearly heard by the mayor, all council members, staff, and public giving testimony. It also means a method used for remote participation by members of the public, guest speakers, and appointed committee/board members as provided herein.
(i) Teleconference procedures for city officials.
(1) Notification of city officials to the city clerk shall occur 24 hours prior to the meeting of his or her request to participate in the meeting by telephonic means is required. If notice is not provided prior to the meeting, telephonic participation shall not be allowed, unless approved by the mayor prior to 5:00 p.m. the day of the meeting. Prior to the meeting the city clerk shall notify other city officials of those participating by teleconference.
(2) The mayor and up to the first three councilmembers who notify the city clerk prior to the meeting agenda being published may participate by teleconference as long as three elected officials are present at the work session, special and regular meetings. If three elected officials are not present at a city work session, special meeting or regular meeting, the meeting shall be adjourned and rescheduled.
(3) The city clerk shall open a teleconference connection at least three minutes prior to the start of the meeting. After a telephonic connection is established and it is time for the meeting to commence, the mayor, or person presiding over the meeting, shall call the meeting to order.
(4) City officials may attend a maximum of four city council regular meetings by teleconference during a six-month period commencing January 1 and July 1 of each year.
(5) City officials shall not incur communication charges for their participation by teleconference.
(j) Teleconference procedures for members of the public.
(1) If teleconference equipment is available at the meeting location, members of the public shall call the published phone number to provide public comments and testimony at public hearings at regular and special meetings during the time the agenda item is being heard. The time allotted for public comments per speaker is published on the agenda and may be changed if authorized by the mayor. [Ord. 1436 §1, 2023; Ord. 1415 §2, 2021; Ord. 1361 §1, 2017]