Chapter 2.04 BOROUGH ASSEMBLY

A. The assembly shall consist of 11 members. Each assembly member shall be elected at large, but shall be a resident of the district to which the member’s seat is assigned at the time of the member’s election or appointment. The boundaries of the election districts are described in the map accompanying NABC 1.04.020, which is incorporated in this section by reference. Except as may otherwise be provided by statute or charter, the term of an assembly member is three years.

B. The initial expiration date of the terms for the seats established under the charter, following the regular general election of October, 1989, shall be as follows:

District	Seat	Initial Expiration Date
1	A	1991
2	B	1992
3	C	1991
	D	1992
	E	1990
4	F	1992
5	G	1990
5	H	1990
	I	1992
	J	1991
	K	1991

(Ord. 01-09 § 2, 2002; Ord. 95-02 § 4, 1995; Ord. 89-08 § 4, 1989; Code 1986 § 2.04.010)

2.04.020 Qualifications of assembly members.

The assembly members shall be qualified electors of the borough, and shall have been residents within the district they seek to represent. An assembly member who ceases to be eligible to be a borough voter immediately forfeits his office. (Code 1986 § 2.04.020)

2.04.030 Election of assembly members – Terms.

An election is held annually on the first Tuesday of October to choose assembly members for three-year terms and until their successors are elected and have qualified. The regular term of office begins on the first Monday following the election. (Ord. 95-02 § 3, 1995; Code 1986 § 2.04.030)

2.04.040 Compensation and per diem of assembly members.

A. Each member of the assembly shall receive compensation at the rate of $350.00 for each meeting day of the assembly attended, including any meetings of a committee or subcommittee established under NABC 2.04.070. Compensation shall be paid at the rate of $350.00 for each day of attendance at a convention, conference or similar gathering.

B. Each member of the assembly shall receive per diem for each day or part of a day the assembly member is away from his/her village of residence to attend to borough business. The per diem shall be at a rate which is adjusted and set according to budget amendments.

C. On or after July 1st of each year, the assembly shall appoint two youth representatives on the assembly as advisory seats. The two youth representatives shall be nonvoting members whose primary role shall include providing recommendations and support to assembly members. The mayor may nominate one or more youth for the assembly to consider for the two appointments on an annual basis with a term ending June 30th of each calendar year. No youth representative may serve more than a single one-year term. The position shall be open to all Northwest Arctic Borough residents between the ages of 16 and 21 years of age. Nominations shall be made by submission of letters of interest to the mayor. The rate of compensation shall be $150.00 per meeting attended. In addition, the youth representative shall receive per diem for each day or part of a day the representative is away from his/her village of residence to attend a meeting of the assembly. The per diem rate shall be the same as that set in subsection (B) of this section. (Ord. 20-02 § 1, 2020; Ord. 18-11 § 1, 2018; Ord. 13-01 § 1, 2013; Ord. 08-01 § 1, 2008; Ord. 07-01 § 1, 2007; Ord. 01-07 § 1, 2001; Ord. 99-01 § 1, 1999; Ord. 97-05 § 1, 1997; Ord. 96-10 § 1, 1996; Ord. 91-04am2 § 1, 1991; Ord. 91-04am, 1991; Ord. 86-13 § 1, 1986; Code 1986 § 2.04.040)

2.04.050 Filling a vacancy.

A. If a vacancy occurs in the assembly, the assembly by a vote of a majority of its remaining members shall designate a person to fill the vacancy at the next regular assembly meeting following the date the vacancy occurs. For good cause, the assembly may by resolution reasonably extend the time period for filling a particular vacancy.

B. The vote shall be by secret ballot. If there are more than two candidates and no candidate receives the vote of a majority, the lowest vote getter shall be eliminated on successive ballots until there are only two candidates or one candidate receives a majority. In the event of a tie vote between two candidates, the assembly shall vote a second time to break the tie. If the second vote does not elect a candidate, the assembly president shall determine which of the two candidates will fill the vacancy by the drawing of lots. (Ord. 99-06 § 1, 1999; Ord. 98-02 § 1, 1998; Ord. 91-02 § 1, 1991; Code 1986 § 2.04.050)

2.04.060 Conflict of interest statement deadline.

Each elected official shall complete and file with the clerk a report of financial and business interest, as required by AS 39.50.010 through 39.50.200, no later than April 15th of each year or 15 days after they have filed their personal federal income tax return, whichever occurs first. (Code 1986 § 2.04.060)

2.04.070 Appointment of committees.

A. The borough assembly may, by resolution, establish temporary committees to manage the work of the assembly.

B. The resolution establishing any such committee shall at a minimum:

1. Describe the purpose of the committee;

2. State the number of people who will sit on the committee;

3. State the length of the committee’s term.

C. Unless otherwise specified in the resolution, the assembly president shall appoint the committee members, who shall serve at the pleasure of the president. Except as limited by resolution or ordinance, the president shall also have the authority to fill vacancies on committees as they occur.

D. The assembly president shall be an ex officio member of all temporary and permanent committees with the power to make motions, vote and otherwise participate in the work of the committee. Unless otherwise provided by resolution, the president shall also be counted in determining if a quorum is present at any committee meeting. The president shall be compensated as any other committee member for attendance at committee meetings.

E. Permanent committees of the assembly shall be established by ordinance. (Ord. 90-11 § 1, 1990; Code 1986 § 2.04.070)

2.04.080 Budget, audit and finance committee.

A. The purpose of the assembly budget, audit and finance (BAF) committee includes:

1. Review of the annual audit and making recommendations to the assembly;

2. Monitoring, reporting and recommendations to the assembly on the following matters:

a. The performance, capitalizations and alternative investment policies for the enterprise and investment funds provided for by charter;

b. On a quarterly basis, reviews of all budget amendments; and

c. The review of all recommended changes to the budgetary process;

3. Other specific budgetary considerations requested by the assembly.

B. Membership shall be composed of four assembly members appointed by the president, for a period of one year.

C. The committee shall conduct its meetings jointly during the assembly’s regular monthly work sessions unless a separate BAF committee or assembly work session meeting is called by the assembly president, the BAF committee chair, or the mayor. (Ord. 19-09 § 1, 2020; Ord. 90-11 § 2, 1990; Ord. 89-05 § 1, 1989; Ord. 87-27 § 1, 1987; Code 1986 § 2.04.080)

Article II. Assembly Meetings

2.04.090 Regular assembly meetings.

A. Unless otherwise determined by the assembly at a meeting, all regular meetings of the assembly shall be held on the fourth Tuesday of each month and at such time as determined by the assembly at the previous meeting; however, the assembly is not required to hold a regular meeting each month.

B. The assembly shall determine the location for each meeting. In order to give the public a greater opportunity to attend and participate in the meetings of the borough assembly, the assembly may hold regular meetings in public locations throughout the borough. The location notice shall set forth with particularity the location of the meeting. The notice shall be published at least seven days prior to the scheduled meeting.

C. All regular meetings of the assembly shall be public meetings and the public shall have reasonable opportunity to be heard. Public comment shall be limited to three minutes per person. (Ord. 20-10 § 1, 2020; Ord. 96-11 § 2, 1997; Ord. 87-11, 1987; Code 1986 § 2.08.010)

2.04.100 Special meetings.

A. Special meetings of the assembly are those meetings which are called by the mayor or three of the assembly members for a time different from that fixed for the regular assembly meetings. The location of all special assembly meetings shall be designated in the notice.

B. Advance notice of at least 24 hours preceding a special meeting shall be given each assembly member. The notice shall specify the time, place and subject matter of the meeting. No business shall be transacted at the meeting which is not mentioned in the notice. Such notice shall be served personally on each member of the assembly or left at his usual place of business or residence by the borough clerk or his designee. (Ord. 95-02 § 5, 1995; Code 1986 § 2.08.020)

2.04.110 Meetings – Location change and delay.

A. Notwithstanding the provisions of NABC 2.04.090 and 2.04.100, if after having been lawfully assembled in a location properly designated, the assembly determines that such location is unsuitable, it may recess the meeting and reconvene at a different location suitable to the needs of the assembly. The location to which the meeting shall be reconvened shall be made known publicly prior to the recess and notice of the new location shall be posted at the place originally convened.

B. Notwithstanding the provisions of NABC 2.04.090 and 2.04.100, the mayor with consent of the assembly president may delay, change the location, date or time, of any regular or special meeting of the assembly. The mayor shall issue a notice of such delay, providing the reason.

C. Immediately upon the execution of such notice of delay, the mayor shall publish such notice as follows:

1. Mail and telephonic notice of assembly members;

2. Provide a copy of such notice to the radio station;

3. Posting the notice on the borough bulletin board;

4. If the meeting is delayed for more than three days, notice of the rescheduled meeting shall be published as provided in NABC 2.08.030(C) not less than 24 hours before the time of the meeting in accordance with NABC 2.08.030(C). (Ord. 01-03 § 1, 2001; Ord. 90-01 § 1, 1990; Ord. 88-17 § 1, 1988; Code 1986 § 2.08.030)

2.04.120 Meetings – Emergency special meetings – Waivers.

In an emergency, any special meeting shall be a legal meeting if all assembly members are present, or if there is a quorum present and all absent members have waived in writing the required notice. Such waivers may be made before or after the time of the meeting and any waivers shall be made a part of the record of the special meeting. (Code 1986 § 2.08.040)

2.04.130 Executive session.

Subject to the provisions of NABC 2.32.020 and other applicable law, the assembly may at any time go into a closed or executive session from which the general public may be excluded by a majority vote taken at a public meeting, at which session only those subjects shall be considered as are mentioned in the motion for the executive session. (Ord. 00-11 § 1, 2000; Code 1986 § 2.08.050)

2.04.140 Absences.

No member shall absent himself from any meeting of the assembly except for good and sufficient reason. (Code 1986 § 2.08.060)

2.04.150 Quorum.

A. Six members of the assembly shall constitute a quorum. In the absence of a quorum any number less than a quorum may recess or adjourn the meeting to a later time or date. No assembly action shall be valid or binding unless adopted by an affirmative vote of six or more members.

B. An assembly member shall be deemed present under this section if the meeting is being teleconferenced such that the assembly member can hear and participate in the discussion. (Ord. 87-12am, 1987; Code 1986 § 2.08.080)

Article III. Assembly Procedures

2.04.160 Presiding officer.

A. The presiding officer shall preside at all meetings of the assembly. He shall preserve order and decorum among the assembly members, and is responsible for conduct of all meetings in compliance with the rules of the assembly. He may at any time make such rules as he deems proper to preserve order among the spectators in the borough assembly chamber during sessions of the assembly. The presiding officer is elected by the assembly following the certification of each annual regular election at the assembly’s first regular meeting.

B. The duties and responsibilities of the presiding officer include, but are not limited, to the following:

1. Preside at all meetings of the assembly;

2. Preserve order and decorum among assembly members;

3. Ensure that meeting conduct complies with the rules of the assembly;

4. Enforce public comment time limits during sessions of the assembly;

5. Make and enforce other rules deemed necessary and proper to preserve order among members of the public in the borough assembly chamber during sessions of the assembly;

6. Speak to and decide all points of order in preference to other members, subject to appeal to the assembly by motion duly seconded as herein provided;

7. Call any member to the chair during any meeting, such substitution to discontinue when he elects to resume the chair, and in no event beyond adjournment of the meeting at which such substitution is made; and

8. Coordinate communications between members of the assembly and the mayor.

C. In the temporary absence or disability of the presiding officer, any member of the borough assembly may call the assembly to order at any duly called meeting to elect a president pro tempore from among its number and the president pro tempore shall exercise all the powers of chairman during such temporary absence or disability of the presiding officer and may also vote. (Ord. 20-10 § 1, 2020; Code 1986 § 2.12.010)

2.04.170 Meetings – Order of business.

At every regular meeting of the borough assembly the order of business shall be as follows:

A. Call to order;

B. Invocation;

C. Safety moment;

D. Roll call;

E. Assembly and elected official vacancies, oaths of office, and election of officers;

F. Agenda approval;

G. Minutes of previous meetings;

H. Communications and appearances;

I. Boards, commissions and committees;

J. Public hearings, enactment of ordinances and emergency ordinances;

K. Mayor’s report;

L. Time and place of next meetings;

M. Introduction of ordinances;

N. Resolutions;

O. Other business;

P. Audience comments;

Q. Assembly comments;

R. Mayor’s comments;

S. Adjournment. (Ord. 20-10 § 1, 2020; Ord. 87-26 § 1, 1987; Code 1986 § 2.12.020)

2.04.180 Agenda.

A. Regular Assembly Meetings. All items and matters to be submitted to the assembly at a regular meeting shall be presented to the borough clerk no later than the close of business 13 days prior to the meeting. The mayor shall then arrange the agenda according to the order of business provided in NABC 2.04.170. No later than seven days before the next meeting, the clerk shall provide copies of the agenda and agenda packet to the mayor and borough attorney and send a copy of the agenda packet to each assembly member.

B. Special Meetings. Agendas and packets for a special meeting shall be prepared by the clerk and provided to assembly members as early as possible before the special meeting.

C. Work Sessions. Any matter to be considered by the assembly in work sessions shall be listed in agenda form by the clerk and be given to the assembly at least three days prior to said work session. Any written material for said work session shall be furnished by the clerk to the mayor, the assemblymen, borough manager, and the borough attorney three days in advance of the scheduled date for said work session. (Code 1986 § 2.12.030)

2.04.190 Minutes.

A. Minutes of all regular and special meetings shall be taken. Minutes shall be in the form of a summary of discussion including a verbatim report of motions made and actions taken plus a report of each vote cast by assembly members when a roll call vote is made. All minutes of regular and special meetings shall be kept in the journal of the proceedings of the assembly. All minutes of the assembly shall be distributed by the borough clerk to the public desiring same after payment of a reasonable charge. One copy of the minutes shall be given free of charge to any person appearing in person and requesting same with extra copies in person or by mail available at $0.25 per copy per page, and subscriptions available by mail at the rate of $10.00 per year.

B. Unless a reading of the minutes of an assembly meeting, regular or special, is requested by a member of the assembly, such minutes may be approved without a reading if the clerk has previously furnished each member with a synopsis thereof.

C. All meetings, regular and special, shall be recorded electronically and the tapes shall be kept on file for a period of five years by the borough clerk. Transcripts may be purchased at cost.

D. The clerk may be directed by the mayor, with the consent of the assembly, to enter in the minutes a synopsis of the discussion on any question coming regularly before the assembly.

E. Agendas for work sessions shall serve as summary notes and shall be kept in the journal of the proceedings of the assembly and maintained as permanent record by the borough clerk. (Ord. 96-08 § 1, 1996; Ord. 87-04, 1987; Code 1986 § 2.12.040)

2.04.200 Assembly rules.

In all matters of parliamentary procedure not covered in these rules, Robert’s Rules of Order shall be applicable and govern. (Code 1986 § 2.12.050)

2.04.210 Veto.

The mayor may veto any ordinance, resolution, motion or other action of the assembly and may, by veto, strike or reduce items in appropriation ordinances. He shall submit to the assembly at its next regular meeting a written statement advising of his veto and giving his reasons. A veto is overridden by the vote of two-thirds of the authorized membership of the assembly within 21 days following exercise of the veto or at the next regular meeting whichever is later. The veto does not extend to appropriation items in school budget ordinance; actions of the governing body sitting as the board of equalization or the board of adjustment; adoption or repeal of a manager plan of government. (Code 1986 § 2.12.060)

2.04.220 Duties of the clerk at assembly meetings.

The borough clerk shall give notice of borough assembly meetings, shall attend all meetings of the assembly and keep the journal of its proceedings, shall authenticate by his signature and record in full in a book or file kept for that purpose all ordinances and resolutions duly indexed and open to public inspection. In case of the temporary absence of the borough clerk, the borough assembly may appoint a clerk pro tempore, with all the powers, duties and obligations of the borough clerk, who shall be duly qualified. (Code 1986 § 2.12.070)

Article IV. Emergency Meeting

2.04.230 Emergency meeting.

An emergency meeting of the assembly may be held after such public notice as is reasonable under the circumstances without regard to the publication requirements in NABC 2.32.040, upon the affirmative vote of all members present, or the affirmative vote of three-quarters of those elected that a public emergency affecting life, health, welfare or property exists and that reasonable public notice of the meeting has been given. Any action taken at an emergency meeting is valid only for 60 days. (Code 1986 § 2.20.050)