Chapter 2.12 ASSEMBLY; MEMBERSHIP, ORGANIZATION AND MEETINGS</h2>

(A) Not later than two months after adoption of the state redistricting plan, under Article VI, Section 10 of the Constitution of the State of Alaska, the assembly shall determine and declare by resolution whether or not it is malapportioned.

(1) The assembly shall wait to determine whether the districts are malapportioned until after the final state redistricting plan is adopted.

(B) The assembly may provide, by ordinance, for a change in an existing apportionment of the assembly whenever a final state redistricting plan is changed as a result of federal court action.

(Ord. 13-116, § 2, 2013)

2.12.020 TERM OF OFFICE.

(A) The assembly members’ term shall be four years. The qualified candidate succeeds to the candidate’s elected office the first Monday following the certification of the election and acceptance of the oath of office.

(B) Beginning in 2024, assembly members will transition to a four-year term as follows:

(1) The regular four-year term for Assembly Districts 3, 6, 7 will commence in 2024.

(2) The regular four-year term for Assembly Districts 4 and 5 will commence in 2026.

(3) The regular four-year term for Assembly Districts 1 and 2 will commence in 2026. A transitory term for Assembly Districts 1 and 2 will commence in 2025 for a transitory term of one year.

(C) No person shall hold the office of borough assembly for more than two terms, for life. For purposes of this section, service for more than one-half of a term is considered a full term. This limitation applies to all former and current assembly members except that it shall not prevent the current borough assembly members as of the date of voter ratification of the ordinance codified in this section from holding the remainder of their term and to serve one additional full term.

(Ord. 24-009, § 3, 2024; Ord. 22-025, § 2, 2022; Ord. 11-056, § 3, 2011: Ord. 94-001AM, § 3 (part), 1994; Ord. 81-82, § 4, 1981; Ord. 73-13, § 3 (part), 1973)

2.12.030 QUALIFICATIONS.

(A) A person is eligible to be an assembly member if the person is a qualified borough voter and has been a borough resident and a resident in the territory embraced within the assembly district for which they file for one year immediately prior to the election.

(B) If an elected member ceases to reside within the district from which the member was elected, the member may serve only until the next regular election.

(Ord. 22-045, § 2, 2022; Ord. 16-002, § 2, 2016: Ord. 94-044AM, § 3, 1994; Ord. 94-001AM, § 3 (part), 1994; Ord. 73-13, § 3 (part), 1973)

2.12.040 VACANCY ON THE ASSEMBLY.

(A) If a vacancy occurs on the assembly, the remaining members shall, within 30 calendar days, appoint a qualified person to fill the vacancy. If less than 30 calendar days remain in the term for the vacated seat, the vacancy may not be filled.

(B) If the membership is reduced to less than the number required to constitute a quorum, the remaining members shall, within five days, appoint a number of qualified persons to constitute a quorum.

(C) The person appointed to fill the vacated seat serves until the next regular election, when a successor shall be elected to serve the balance of the term.

(D) An assembly seat is declared vacant under the following conditions and upon a declaration of vacancy by the assembly. The assembly shall declare an elective office other than the office of mayor or school board member vacant whenever the person elected:

(1) fails to qualify or fails to take office within 30 calendar days after certification of election;

(2) unless excused by the assembly, is physically absent for 90 consecutive calendar days;

(3) resigns and the assembly accepts the resignation;

(4) is physically or mentally unable to perform the duties of the office;

(5) is removed from office;

(6) misses three or more consecutive regular meetings, unless excused by the assembly; or

(7) is convicted of a felony or of an offense involving a violation of the oath of office.

(Ord. 97-040, § 3, 1997; Ord. 94-001AM, § 3 (part), 1994; Ord. 79-44, § 3 (part), 1979)

2.12.050 ORGANIZATION.

(A) [Repealed by Ord. 94-001AM, § 3 (part), 1994]

(B) [Repealed by Ord. 94-001AM, § 3 (part), 1994 and recodified as MSB 2.12.055]

(D) The assembly shall recommend the deputy mayor or other positions filled by assembly members appointed by the mayor, and shall appoint members of the standing committees subject to confirmation at the next regular meeting.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 90-152(AM)(sub), § 3, 1991; Ord. 73-13, § 3 (part), 1973)

2.12.055 ASSEMBLY APPOINTEES.

The assembly shall appoint the manager, clerk, attorney and treasurer. The appointees shall serve at the pleasure of the assembly. In the absence of the manager, the assembly shall designate, by resolution, an acting manager to act as manager during the manager’s absence or disability.

(Ord. 94-001AM, § 3 (part), 1994)

2.12.060 COMPENSATION AND REIMBURSEMENT.

(A) Assembly members shall receive $13,300 per year. Reimbursement shall be provided for mileage and expenses which are reasonable and necessary in connection with assembly meetings and regular assembly functions. Assembly members shall be included in the borough employee health insurance plan, life insurance plan, and, unless a waiver executed by the assembly member is in effect, in the borough retirement plan.

(B) [Repealed by Ord. 09-057, § 3, 2009]

(D) Assembly members shall be entitled to a one-seventh share of the assembly’s out-of-borough expense fund set annually by the budget. The assembly members may use these funds as they deem appropriate for borough travel and reimbursement in furtherance of borough business. Mileage, expense reimbursement, and travel tickets exceeding the prorated share or any request to pay for travel from any other source shall require prior approval by the assembly.

(E) [Repealed by Ord. 97-095, § 2 (part), 1997]

(Ord. 09-057, § 3, 2009; Ord. 07-092, § 3, 2007; Ord. 03-115(AM), § 2, 2003; Ord. 02-012, § 3, 2002; Ord. 97-095, § 2 (part), 1997; Ord. 93-068, § 3, 1993; Ord. 92-139AM, § 6, 1992; Ord. 92-097, § 2, 1992; Ord. 92-066AM, § 2, 1992; Ord. 92-059, § 3, 1992; Ord. 91-114AM, § 2 and 3, 1991; Ord. 91-016AM, § 2, 1991; Ord. 88-230, § 2, 1988; Ord. 87-51, § 2, 1987; Ord. 83-69, § 2 (part), 1983; Ord. 81-19, § 3, 1981; Ord. 79-84, § 2, 1979)

2.12.070 MEETINGS.

(A) The assembly shall annually, at the first regular or special meeting following seating of new members elected at the regular election, meet for the purpose of organizing itself.

(B) Regular meetings of the assembly shall be held on the first and third Tuesday of each month beginning at 6 p.m. in the assembly chambers located at 350 East Dahlia Avenue, Palmer, Alaska, unless otherwise designated by the assembly. A regular meeting of the assembly may be canceled by the assembly; however, if no quorum exists or there is an emergency, it may be canceled by the mayor. No regular meeting shall be held on any holiday recognized by the borough, the first Tuesday following the first Monday in November (regular election day), the week of December 24th through January 1st (Christmas-New Year’s), or the first week of July. All meetings and work sessions except for executive sessions shall be public meetings and shall be electronically recorded by the clerk, unless the meeting is hosted by another municipality.

(C) If a majority of the assembly members are given at least 24 hours’ written or oral notice and reasonable efforts are made to notify all assembly members, a special meeting of the assembly may be held at the call of the mayor or at least three of the assembly members. A special meeting may be conducted with less than 24 hours’ notice if all assembly members are present or if absent assembly members 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 journal for the meeting.

(D) Emergency meetings may be held and business may be legally transacted if all assembly members are present; or, if there is a quorum of the assembly. The clerk shall make reasonable attempts to notify all assembly members of the emergency meeting.

(E) Teleconferencing may be used for all lawful activities of the borough and, if all voting individuals have an opportunity to evaluate all testimony and evidence, to vote on actions. For all meetings occurring at assembly chambers located at 350 East Dahlia Avenue, Palmer, Alaska, the public shall be afforded the opportunity to participate telephonically.

(F) No special notice to assembly members as required in subsection (C) of this section shall be necessary in the case of a special meeting called by agreement of the majority of the assembly, reached at any regular or special meeting of the assembly.

(G) Cancellation of a special meeting shall be by the authority of the person who called the meeting and shall be by written notice to each assembly member communicated not less than two hours before the special meeting.

(H) No business shall be transacted at any special meeting of the assembly except that specifically stated in the notice of the meeting.

(I) A majority of the assembly members shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time and may compel the attendance of absent members.

(J) The assembly shall adjourn not later than 10 p.m. and may not reconvene any earlier than 9 a.m. the next day. However, by two-thirds consent of the assembly the meeting may be extended for up to one hour, at which time adjournment is mandatory.

(Ord. 22-021, § 2, 2022; Ord. 19-045, § 2, 2019; Ord. 15-012, § 2, 2015; Ord. 07-091, § 2, 2007; Ord. 95-144, § 2, 1995; Ord. 95-143AM, § 2, 1995; Ord. 94-087AM, § 2, 1994; Ord. 94-001AM, § 3 (part), 1994; Ord. 92-139AM, § 8, 1992; Ord. 87-84, § 2, 1987; Ord. 87-10, § 2, 1987; Ord. 84-34, § 6, 1984; Ord. 83-90, § 2, 1983; Ord. 83-69, § 2 (part), 1983; Ord. 83-1, § 2, 1983; Ord. 81-70, § 2, 1981; Ord. 81-19, § 4, 1981; Ord. 81-8, § 2, 1981; Ord. 80-13, § 2, 1980; Ord. 80-6, § 2, 1980; Ord. 77-12, § 3, 1977; Ord. 74-43, § 3, 1974; Ord. 73-13, § 3 (part), 1973)

2.12.071 PUBLIC MEETINGS.

(A) All assembly meetings are open to the public except as provided by this section.

(B) Reasonable public notice, setting out the date, time, and place and agenda shall be given for all assembly meetings, using a combination of print and broadcast media.

(C) If subjects excepted from public meetings are to be discussed, the meeting shall first be convened as a public meeting and the question of holding an executive session to discuss matters that come within the exceptions contained in subsection (D) of this section shall be determined by a majority vote of the assembly. 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 or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations.

(D) Upon adoption of a motion stating the purpose for an executive session, the assembly in closed session may discuss:

(1) [Repealed by Ord. 01-187 § 2, 2001]

(2) matters, the immediate public knowledge of which would clearly have an adverse effect upon the finances of the borough;

(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, municipal charter, or ordinance are required to be confidential;

(5) [Repealed by Ord. 01-187 § 2, 2001]

(6) [Repealed by Ord. 01-187 § 2, 2001]

(7) [Repealed by Ord. 01-187 § 2, 2001]

(8) [Repealed by Ord. 01-187 § 2, 2001]

(9) [Repealed by Ord. 01-187 § 2, 2001]

(10) [Repealed by Ord. 01-187 § 2, 2001]

(11) matters involving consideration of government records that by law are not subject to public disclosure.

(E) This section does not apply to quasi-judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding.

(Ord. 01-187, § 2, 2001; Ord. 96-172, § 2, 1996; Ord. 94-001AM, § 3 (part), 1994)

2.12.075 JOINT MEETINGS ESTABLISHED.

(A) The assembly and school board shall meet jointly on the second Tuesday in September and December and the fourth Tuesday in March for the purposes indicated and for other purposes as they deem appropriate. However, a meeting may be changed to a different day or may be canceled by the mayor and the chairman of the school board. However, a meeting day may be changed and the assembly and school board may otherwise meet as they see fit:

Month	Purpose
March	Annual budget and bonding for schools
September	Building construction progress and review capital construction plan
December	Annual budget, preliminary discussion; state legislative action needed

(B) The assembly and planning commission shall meet jointly on the second Tuesday of March and October for purposes as they deem appropriate. However, a meeting may be changed to a different day or may be canceled by the mayor and the chairman of the planning commission. The assembly and planning commission may otherwise meet as they see fit.

(Ord. 19-056, § 2, 2019: Ord. 12-011, § 2, 2011: Ord. 11-054, § 2, 2011: Ord. 96-165, § 2, 1996; Ord. 94-001AM, § 3 (part), 1994; Ord. 92-035AM, § 2 (part), 1992; Ord. 76-55, § 3, 1976)

2.12.077 PLANNING COMMISSION REVIEW.

(A) Ordinances covered by MSB 15.04.015(A) (7) shall be referred to the planning commission for review prior to setting a date for assembly action. The planning commission will have 90 days, or other date specified by the assembly during referral, to review and recommend to the assembly action or amendments.

(1) After an ordinance has been reviewed by the planning commission, the clerk shall place the ordinance on the next available assembly agenda with introductions and, if approved by the assembly, advanced to a date certain for a public hearing and assembly action.

(2) If recommendations are not provided within the time limit specified, the clerk shall place the ordinance on the next available assembly agenda with introductions and, if approved by the assembly, advanced to a date certain for a public hearing and assembly action.

(B) This section does not apply to ordinances initiated by the planning commission or to MSB 15.39, Board of Adjustment and Appeals.

(Ord. 15-012, § 3, 2015; Ord. 09-025(AM), § 2, 2009)

2.12.080 Parliamentary Rules. [Repealed by Ord. 94-001AM, § 3 (part), 1994]

2.12.081 Persons to Be Heard. [Repealed by Ord. 24-069, § 3, 2024]

2.12.082 AGENCY REPORTS.

(A) A person wishing to speak before the assembly under the agenda item “agency reports” shall file an appearance request with the clerk specifying the topic on which the person intends to speak and shall limit their presentation to seven minutes.

(1) To qualify to appear on the agenda under “agency reports” the requestor must be a governmental agency, a party in which the borough has provided a grant, a borough board or commission, or a community council recognized by the borough.

(2) The governmental entity such as the school district or the city does not have to file an appearance request.

(3) The maximum number of boards, commissions, or community councils that may appear before the assembly at each regular assembly meeting is two. The clerk shall place the requests on the agenda in the order in which they are received. Each board, commission, or community council shall only appear under agency reports once every six months.

(Ord. 10-021, § 2, 2010; Ord. 10-007, § 2, 2010)

2.12.090 AGENDA; NOTICE OF MEETING; ORDER OF BUSINESS.

(A) The agenda for each meeting shall be prepared by the manager and the clerk after consultation with the mayor or deputy mayor. Items not on the agenda may not be discussed at the meeting if two or more assembly members object.

(B) The clerk shall attempt to notify each assembly member at least 48 hours prior to a regular 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) At every regular meeting, the order of business shall be as follows:

(1) call to order

(2) roll call

(3) approval of agenda

(4) pledge of allegiance

(5) minutes of preceding meeting or meetings

(6) reports/correspondence

(a) agency reports

(b) committee reports

(d) attorney comments

(e) clerk comments

(f) citizen and other correspondence

(g) informational memorandums

(7) special orders

(a) audience participation (you can speak under one of the audience participations on the agenda, but not both)

(b) public hearings

(d) consent agenda

(i) resolutions

(ii) action memorandums

(8) unfinished business

(9) veto

(10) new business

(a) introductions

(b) vacancy report (mayoral nominations and appointments)

(d) referrals

(11) reconsideration

(12) mayor and assembly comments

(13) executive session

(14) adjournment.

(Ord. 24-069, § 2, 2024; Ord. 15-012, § 4, 2015; Ord. 12-047, § 2, 2012; Ord. 11-131, § 2, 2011; Ord. 10-102, § 2, 2010; Ord. 09-025(AM), § 3, 2009; Ord. 05-117, § 2, 2005; Ord. 98-138, § 2, 1998; Ord. 96-019SUB, § 2, 1996; Ord. 95-042, § 2, 1995; Ord. 95-008, § 2, 1995; Ord. 94-001AM, § 3 (part), 1994; Ord. 92-139AM, § 10, 1992; Ord. 89-253, § 2, 1989; Ord. 89-98, § 2, 1989; Ord. 87-87, § 2, 1987; Ord. 87-10, § 3, 1987; Ord. 86-22, § 2, 1986; Ord. 84-34, § 7, 1984; Ord. 82-65, § 2, 1982; Ord. 81-70, § 3, 1981; Ord. 80-13, § 3, 1980; Ord. 73-13, § 3 (part), 1973)

2.12.100 QUORUM.

A majority of the total members of the assembly shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the assembly.

(Ord. 73-13, § 3 (part), 1973)

2.12.110 Voting. [Repealed by Ord. 92-139AM, § 11, 1992]

2.12.111 ASSEMBLY VOTING.

(A) All assembly members, unless lawfully excused, shall vote on each question before the assembly.

(B) All assembly votes on ordinances or resolutions shall be by roll call, electronic device or other public method as defined by assembly rule. The votes of all assembly members shall be recorded.

(C) On completion of the roll call, the mayor or the clerk on the mayor’s behalf shall announce whether the proposition has carried or has failed. If the motion carried, the announcement shall include the names of the members who voted “no” and if the motion failed, the announcement shall include the names of the members who voted “yes.”

(D) A majority of votes shall be required to carry any measure before the assembly unless a greater number is required by ordinance or charter. Any lesser number, even though it constitutes a majority of the members present, shall not carry and the measure shall be defeated.

(E) Whenever these rules refer to a vote of a majority or other designated portion of the assembly, the vote required shall be the designated portion of the seven members authorized to serve on the assembly.

(F) Matters requiring assembly action may be placed on a consent agenda for approval upon a single motion. On the request of any member of the assembly, an item placed on the consent agenda shall be removed from the consent agenda and shall be considered separately.

(Ord. 15-012, § 5, 2015; Ord. 94-001AM, § 3 (part), 1994; Ord. 92-139AM, § 12, 1992)

2.12.112 CONDUCT OF DEBATE AND DISCUSSION.

(A) Any assembly member, wishing to speak at an assembly meeting, shall address the chair, and shall refrain from speaking until recognized.

(B) When two or more members request recognition simultaneously, the mayor shall determine which one shall speak first.

(C) The mayor shall be charged with the responsibility of maintaining order and decorum at all times. The mayor shall make rulings as the mayor deems necessary concerning points of order or concerning spectators. The mayor shall instruct the members of the public to be as brief as possible and, when speaking as an individual, to contain their remarks to three minutes, and if representing a group, to contain their remarks to five minutes.

(D) Any assembly member may challenge a ruling of the mayor and the mayor’s ruling shall stand unless disapproved by a majority vote of the assembly.

(E) All assembly motions are subject to unanimous consent. Motions do not require a second and carry if no objection is raised.

(F) A motion to reconsider a vote may be made only by a member who voted with the prevailing side. The motion shall be made during the meeting at which the action is taken and/or upon written notice to the clerk by 5 p.m. the next business day; an assembly member can file by telephone; provided, that the notice of intent to reconsider is followed up in writing before the motion is considered. The written notice of reconsideration shall include the reason for the reconsideration.

(1) Any member of the assembly may call up a motion to reconsider at any time during the meeting at which the motion was made, and/or at the next regular meeting of the assembly, as long as the intent to reconsider has been filed in a timely manner. A motion to reconsider and enter on minutes may be called up only at the next regular meeting of the assembly.

(2) A proper motion to reconsider suspends implementation and effect of the decision for which reconsideration is moved, until the next regular meeting or until the assembly takes action of that motion, whichever occurs first. Actions that cannot be reconsidered are defined in the current edition of Robert’s Rules of Order Newly Revised, with the exception of an award of a contract, which the assembly may reconsider.

(3) Only two motions to reconsider shall be entertained on any ordinance, resolution or other action, only one of which may be made at the meeting in which the original motion was made. The assembly may reconsider an action at the meeting in which the original motion was made and/or upon written notice by 5 p.m. the next business day. A motion to reconsider is out of order if the motion is not moved during the meeting at which action is taken or if the clerk is not notified of the intent to reconsider by 5 p.m. the next business day.

(G) A motion to rescind something previously adopted may be moved by any member. Action adopting an ordinance may not be rescinded after the effective date of the ordinance. Other actions that cannot be rescinded are defined in the current edition of Robert’s Rules of Order Newly Revised.

(1) A motion to rescind requires a two-thirds vote unless notice of the motion was given at the regular meeting immediately preceding the meeting when the motion is to be considered. If this notice was given only a majority of the assembly is required for approval. Upon failure of a motion to rescind for which previous notice has been given, no further motions or notices of intent to rescind the same action are in order.

(2) There is no time limit on making the motion to rescind, but the motion and notice of intent do not suspend action as in a motion to reconsider.

(H) In all matters not covered by these rules, the current edition of Robert’s Rules of Order Newly Revised, or other rules the assembly may adopt, shall govern.

(I) Any member of the assembly may move to amend something previously adopted as long as the intent to amend has been filed in a timely manner.

(1) The motion to amend something previously adopted must be filed with the clerk within 30 calendar days following the vote to be amended. An assembly member may file by telephone to the clerk’s office.

(2) The motion to amend something previously adopted cannot be moved if the motion to reconsider is still in order. Other previously adopted actions that cannot be amended with this motion are defined in the current edition of Robert’s Rules of Order Newly Revised.

(3) With or without previous notice, the motion to amend something previously adopted requires four votes to carry.

(Ord. 15-012, § 6, 2015; Ord. 11-124, § 2, 2011; Ord. 10-006, § 2, 2010; Ord. 97-038, § 2, 1997; Ord. 95-044, § 2, 1995; Ord. 94-029AM, § 2, 1994; Ord. 94-001AM, § 3 (part), 1994; Ord. 92-139AM, § 13, 1992)

2.12.113 SMOKING IN MEETING ROOM PROHIBITED.

(A) Smoking is prohibited in the assembly meeting room during meetings of the assembly, planning commission, platting board, board of ethics, or any other committees, commission or boards established by the assembly or established pursuant to state law.

(B) Every person violating this section shall be punishable by a fine not to exceed $100.

(Ord. 94-001AM, § 3 (part), 1994; Ord. 92-139AM, § 14, 1992; Ord. 84-34, § 2 (part), 1984)

2.12.120 SUSPENSION OF RULES.

(A) To allow the assembly to act on business prohibited by these rules, but not in conflict with state statutes, these rules may be suspended by a two-thirds vote. A motion to suspend the rules may be made at any time when no business is pending, or a question is pending, provided the motion to suspend the rules is for a purpose connected with the question. The reason for asking for the suspension shall be stated.

(B) [Repealed by Ord. 15-012, § 7, 2015]

(Ord. 15-012, § 7, 2015; Ord. 94-001AM, § 3 (part), 1994; Ord. 73-13, § 3 (part), 1973)

2.12.130 ASSEMBLY COMMITTEES.

(A) Temporary committees may be established to consider issues in connection with borough business. A temporary committee established under this section remains in effect for the period established by the assembly.

(1) Assembly committees shall abide by the relevant rules set forth in the current edition of Robert’s Rules of Order Newly Revised, and are not subject to MSB 4.05.

(Ord. 97-038, § 3, 1997; Ord. 95-081, § 2, 1995; Ord. 94-001AM, § 3 (part), 1994; Ord. 90-152(AM) (sub), § 2, 1991)

Editor’s Note:

Subsection (A) of this section was repealed by Ord. 95-081, § 2, 1995 and subsections (B) and (C) of this section were changed to subsection (A)(1) of this section by Ord. 95-081, § 2, 1995.