CHAPTER 18.04: PORT COMMISSION ORGANIZATION AND MEETINGS
Section
18.04.020 Appointments and qualifications
18.04.030 Terms of members [Repealed]
18.04.060 Vacancies and removal
18.04.080 Meetings; scheduling; notice
18.04.090 Meetings; agenda; notice of meeting; order of business
18.04.110 Formal acts by resolution
18.04.120 [Repealed]
18.04.130 Conflict of interest; ex parte contact
18.04.010 REIMBURSEMENT.
Port commission members shall be reimbursed actual expenses incurred on authorized port commission business.
(Ord. 94-119, § 2 (part), 1994; Ord. 91-037AM, § 3 (part), 1991; Ord. 88-222 (part), 1988)
18.04.020 APPOINTMENTS AND QUALIFICATIONS.
(A) Appointments of port commission members shall be made pursuant to MSB 4.05.030.
(B) Notwithstanding MSB 4.05.040, non-borough residents may be appointed to the port commission, but a majority of port commissioners will be Matanuska-Susitna Borough residents.
(C) A port commission member is not eligible to hold the position of port director.
(Ord. 94-119, § 2 (part), 1994; Ord. 90-42, § 8, 1990; Ord. 88-222 (part), 1988)
18.04.030 Terms of members. [Repealed by Ord. 96-072, § 2, 1996 and recodified as MSB 18.04.035]
18.04.035 MEMBERSHIP.
(A) The port commission shall be composed of five members and the seats shall be numerically designated.
(B) Irrespective of the limits specified in MSB 4.05.050, a board member may serve up to three consecutive three-year terms.
(C) A city official may be nominated and confirmed to one of the seats on the port commission.
(Ord. 23-009, § 2, 2023; Ord. 21-023, § 2, 2021; Ord. 10-103, § 2, 2010; Ord. 98-025AM, § 2, 1998; Ord. 96-072, § 3, 1996)
18.04.040 OFFICIALS.
The port commission shall annually elect a chairperson, vice-chairperson and secretary. The vice-chairperson is to serve as chairperson in the chairperson’s absence and the secretary shall prepare the journal of the port commission’s proceedings.
(Ord. 94-119, § 2 (part), 1994; Ord. 88-222 (part), 1988)
18.04.050 DOCUMENTATION.
The port commission shall adopt a seal upon which appear the words “Matanuska-Susitna Borough Port Commission,” “Seal” and “State of Alaska.” It shall be retained in the custody of the secretary.
(Ord. 94-119, § 2 (part), 1994; Ord. 88-222 (part), 1988)
18.04.060 VACANCIES AND REMOVAL.
Vacancies occurring prior to expiration of a term and removal of port commission members shall be pursuant to MSB 4.05.030.
(Ord. 94-119, § 2 (part), 1994; Ord. 88-222 (part), 1988)
18.04.070 QUORUM.
A majority of the port commission membership constitutes a quorum. Any act of the port commission requires the majority of the entire body of the port commission.
(Ord. 94-119, § 2 (part), 1994; Ord. 88-222 (part), 1988)
18.04.080 MEETINGS; SCHEDULING; NOTICE.
(A) The port commission shall hold a regular, quarterly meeting on the third Monday of January, April, July, and October beginning at 3 p.m. Special meetings may be called by the port commission chairperson or upon the request of at least three port commission members.
(B) Regular and special meetings of the port commission shall be advertised in a newspaper of general circulation.
(C) During the month of January each year, the commission shall adopt a schedule of regular meetings to be held by the commission through January of the following year. The adopted schedule shall be provided to each member of the commission and shall be published at least once in a newspaper of general circulation within the borough.
(Ord. 21-009, § 2, 2021; Ord. 03-132(AM), § 2, 2003; Ord. 94-119, § 2 (part), 1994; Ord. 90-42, § 10, 1990; Ord. 88-222 (part), 1988)
18.04.090 MEETINGS; AGENDA; NOTICE OF MEETING; ORDER OF BUSINESS.
(A) The agenda for special and regular meetings shall be prepared by the port director. Items not on the agenda shall not be added to the agenda or discussed at a meeting over the objection of any two port commission members.
(B) At least five days prior to a regular meeting, the secretary at the direction of the port director shall mail or deliver to each port commission member a packet including information on the time, place of the meeting, and the agenda. Minutes of the previous meeting and any background materials pertinent to the agenda shall be included in the packet.
(C) The chairperson shall provide written or oral notice of special meetings to each port commission member at least 24 hours prior to the meetings. Notice may be provided at either the residence or the usual work place of the commission member. Notice of the special meeting shall include a statement of the subject for which the meeting is called. Attendance at a meeting is acknowledgement of the receipt of notice.
(D) At every regular meeting, the order of business shall be as follows:
(1) call to order;
(2) roll call, determination of quorum and approval of agenda;
(3) approval of minutes of previous meetings;
(4) agency and staff reports;
(5) committee reports;
(6) persons to be heard;
(7) public hearings (immediately after persons to be heard);
(8) unfinished business;
(9) old business;
(10) new business;
(11) correspondence and information;
(12) administration and commission member comments;
(13) adjournment.
(E) Meetings shall be conducted under the current edition of Robert’s Rules of Order Newly Revised except as modified by this chapter.
(F) The order of business at special meetings shall be prescribed by the chairperson.
(Ord. 03-132(AM), § 3, 2003; Ord. 97-038, § 9, 1997; Ord. 94-119, § 2 (part), 1994; Ord. 90-42, §§ 12 and 13, 1990; Ord. 88-222 (part), 1988)
18.04.100 OFFICE AND STAFF.
(A) The port commission may be provided office space suitable for its needs, adequate to file its journals, resolutions, records, reference materials, correspondence and drawings, all of which shall constitute public records of the borough.
(B) The manager shall appoint the port director and port staff, after consultation with the port commission.
(C) The manager may retain legal counsel to advise the port commission in the proper performance of its duties. (Ord. 94-119, § 2 (part), 1994; Ord. 90-42, § 14, 1990; Ord. 88-222 (part), 1988)
18.04.110 FORMAL ACTS BY RESOLUTION.
All formal actions of the port commission shall be by resolution.
(Ord. 94-119, § 2 (part), 1994; Ord. 88-222 (part), 1988)
18.04.120 [Repealed by Ord. 90-042, § 15, 1990]
18.04.130 CONFLICT OF INTEREST; EX PARTE CONTACT.
(A) A port commission member shall not participate in deliberation or vote on a question if:
(1) the port commission member or a member of the commissioner’s immediate family has a financial interest in any property affected by the decision; and
(2) the port commission member or a member of commissioner’s immediate family could foreseeably profit in any material way through a favorable or unfavorable decision.
(B) Port commission members shall be impartial in all administrative decisions, both in fact and in appearance. No port commission member may receive or otherwise engage in ex parte contact with the applicant or appellant, or other parties interested in the application or appeal, or members of the public, concerning the application or appeal or issues presented in an application or notice of appeal, either before the application or appeal hearing or during any period of time the matter is submitted for decision or subject to reconsideration. This subsection shall not prevent port commission members from discussing an application or appeal among themselves, or prohibit communications between borough staff and port commission members where staff members are not named parties to the application or appeal, or members of an organization which in its own name has become an active party to an application or appeal.
(Ord. 94-119, § 2 (part), 1994; Ord. 90-42, § 16, 1990; Ord. 88-222 (part), 1988)