Chapter 2.15
CITY COUNCIL
Sections:
2.15.010 Composition and powers.
2.15.060 Procedures for action.
2.15.070 Rules for the conduct of meetings.
2.15.100 Youth representative and alternate.
2.15.010 Composition and powers.
The legislative power of the city and all other powers reasonably implied are vested in the city council. The city council is composed of six members elected by the voters for designated seats on an at-large basis. (Ord. O-93-6-6 § 1 (part), 1994)
2.15.020 Qualifications.
A qualified city voter who has been a resident of the city for at least one year immediately prior to taking office and who is not delinquent in payment of any undisputed city property tax, sales tax, utility bill or other financial obligation is eligible to be a member of the city council. (Ord. O-18-11-02 § 2, 2018: Ord. O-13-06-07 § 8, 2013: Ord. O-93-6-6 § 1 (part), 1994)
2.15.030 Term of office.
A council member is elected for a three-year term and until a successor qualifies. The regular term of office begins on the first Wednesday following certification of the election. No ordinance changing the term of a council member shall affect the term of a member holding office when the change is enacted. (Ord. O-93-6-6 § 1 (part), 1994)
2.15.040 Salary.
The salary of a council member is fifty dollars per month. (Ord. O-93-6-6 § 1 (part), 1994)
2.15.050 Quorum and voting.
(a) Four council members constitute a quorum for the purposes of transacting business. In the absence of a quorum, any number of members may recess or adjourn the meeting to a later date.
(b) Four affirmative votes are required for the passage of an ordinance, resolution, or motion.
(c) Each member present shall vote on every question, unless required to abstain from voting on a question by law. (Ord. O-93-6-6 § 1 (part), 1994)
2.15.060 Procedures for action.
(a) The council shall act only by ordinance or resolution. All ordinances, resolutions and motions shall be confined to one subject. Acts shall be by ordinance, if so required by the Alaska Statutes, this code or other ordinances of the city, but if not so required and if of a temporary or special character, may be by resolution.
(b) All votes in the council on ordinances, resolutions, substantive motions and authorizations for the payment of money shall be by an affirmative or negative sign and the vote of each member shall be permanently recorded in the journal of official proceedings of the council.
(c) Ordinances shall be enacted in accordance with the procedures set forth in Alaska Statutes. (Ord. O-93-6-6 § 1 (part), 1994)
2.15.070 Rules for the conduct of meetings.
(a) The rules of the city council shall be as follows:
(1) Rule 1.
(A) The regular meeting of the city council shall be held on the second and fourth Mondays of each month, at seven p.m. at the city hall.
(B) Special meetings of the city council may be called by the mayor or two council members. Notice of such meetings shall be given each member of the city council and the city manager at least twenty-four hours before the time of holding such special meetings. The place of all special meetings shall be at the regular meeting place or at such other place agreeable to a majority of the council. At a special meeting, no matter not on the agenda shall be heard.
(C) All regular and special meetings shall be open to the public, except as otherwise provided for executive sessions in Alaska Statutes, and the public shall have reasonable opportunity to be heard.
(2) Rule 2.
(A) The mayor shall call the council to order at the hour designated for meetings. In the absence of the mayor, the council shall nominate one of their members to preside temporarily in place of the mayor.
(B) The mayor shall preside at meetings of the city council and shall be recognized as the head of the city government for all ceremonial purposes. The mayor shall vote only in case of numerical ties. The mayor shall have the power of veto in accordance with subsection (a) of AS 29.20.270. The veto shall be in writing, shall recite the reason therefor and shall be submitted to the council at the next regular meeting. An affirmative vote of four members of the council is required to override the veto.
(C) Four council members shall constitute a quorum for the transaction of business. Four affirmative votes, however, are required for the passage of an ordinance, resolution or motion.
(3) Rule 3.
(A) The mayor shall preserve order and decorum and shall decide all questions of order. Any member may make a point of order without a second at any time.
(B) The presiding officer may speak to points of order in preference to the members and shall decide all such questions subject to appeal to the council by motion, duly seconded, and no other business shall be in order until the question on the appeal shall be decided.
(4) Rule 4.
(A) The city manager shall prepare an agenda for each regular and special meeting of the city council. The agenda, as presented, shall constitute the order of business.
(B) At every regular meeting of the city council, the order of business shall be as follows:
(i) Roll call;
(ii) Invocation;
(iii) Approval of agenda;
(iv) Approval of minutes;
(v) Communications;
(vi) Citizens’ comments;
(vii) Planning and zoning;
(viii) Special orders;
(ix) Unfinished business;
(x) New business;
(xi) Attorney report;
(xii) Utility manager report;
(xiii) City manager report;
(xiv) Citizens’ comments;
(xv) Council member comments;
(xvi) Mayor’s comments and reports;
(xvii) Adjournment.
(C) The mayor or a council member may raise any matter which they so desire under the agenda heading of “new business” or “council member comments.”
(D) Any person who desires to raise any matter not on the agenda shall be heard under “citizens’ comments.” After such a matter has been raised and fully presented, no further debate or action shall be taken by the council except by majority consent, but the matter may be referred or ordered placed on the agenda for further special or regular meetings.
(5) Rule 5.
(A) When a question is under debate, the presiding officer shall receive any of the following motions, but no other:
(i) To adjourn;
(ii) To recess;
(iii) To raise a question of privilege;
(iv) To lay on the table;
(v) For the previous question;
(vi) To postpone to a certain time;
(vii) To refer;
(viii) To amend;
(ix) To postpone indefinitely
(B) The first five motions in rule 5 (subsections (a)(5)(A)(i) through (v) of this section) are not subject to debate. The last four motions in rule 5 (subsections (a)(5)(A)(vi) through (ix) of this section) may be amended; the previous question may be demanded before an amendment, which motion shall be decided without debate. No motion or proposition of subject different to that under consideration shall be admitted under color of an amendment.
(C) No motion shall be debated unless there be a record. After a motion is stated, or read, by the presiding officer, it shall be deemed to be in the possession of the council and shall be disposed of by vote, but the voter may withdraw it at any time before decision or amendment, by consent of the second.
(D) A motion to adjourn shall always be in order; provided, that business of a nature to be recorded in the journal has been transacted since any previous motion to adjourn has been defeated.
(6) Rule 6.
(A) A member about to speak shall respectfully address the chair and shall not commence to speak until recognized by the presiding officer. When two or more members request to speak at the same time, the presiding officer shall determine which one is recognized.
(B) Every member while speaking shall confine himself to the subject under debate, shall refrain from personalities and shall not refer to any other member of the council except in a respectful manner.
(C) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parliamentary inquiry or to make a point of order.
(D) No member shall speak more than twice or for more than ten minutes continuously, to any one question.
(7) Rule 7.
(A) Any member of the council acting or presiding as “acting mayor” may vote only as a council member.
(B) When the vote is called on a subject before the council, the clerk shall call the member’s name alphabetically, but shall rotate the call.
(C) The city council rules and order of business shall be observed in all cases, unless suspended temporarily for a purpose of emergency by a vote of five members present. Any member may move at any time for a suspension of any rule, and such motion must receive a second to entitle it to consideration.
(b) The most recent version and edition of Robert’s Rules of Order shall apply and govern all matters of parliamentary procedure that are not otherwise described and adopted in subsection (a) of this section. (Ord. O-19-06-08 § 1, 2019; Ord. O-11-12-01 § 2, 2012; Ord. O-11-02-02 § 2, 2011; Ord. O-11-01-01 § 2, 2011; amended by 10/5/95 election initiative; Ord. O-93-6-6 § 1 (part), 1994)
2.15.080 Vacancies.
(a) The city council shall declare a city council seat vacant when the elected member:
(1) Fails to qualify or take office within thirty days after election or appointment;
(2) Is physically absent from the city for ninety consecutive days unless excused by the city council;
(3) Resigns in writing and the resignation is accepted by the city council;
(4) Is physically or mentally unable to perform the duties of office as determined by the city council;
(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 and two-thirds of the city council concur in expelling the person elected;
(7) Is convicted of a violation of AS 15.13;
(8) Misses two consecutive regular meetings and is not excused by the city council;
(9) No longer physically resides in the municipality and the city council by two-thirds vote declares the seat vacant, provided however that this subsection does not apply to a member of the city council who forfeits office under NCO Section 2.15.020;
(10) Is delinquent in payment of any undisputed city sales tax, property tax, utility bill or other financial obligation and fails to cure said delinquency within thirty days after receipt of written notice of an intent to declare the seat vacant signed by the mayor.
(b) The city council shall declare any other elective office, other than the office of mayor or school board member, vacant when the person elected is disqualified by any of the provisions of subsection (a) of this section. (Ord. O-13-06-07 § 9, 2013; Ord. O-93-6-6 § 1 (part), 1994)
2.15.090 Filling a vacancy.
(a) If a vacancy occurs on the city council, the remaining members shall, within thirty days, appoint a qualified person to fill the vacancy. If less than thirty days remain in a term, a vacancy may not be filled.
(b) Notwithstanding subsection (a) of this section, if the membership of the council is reduced to fewer than the number required to constitute a quorum, the remaining members shall, within seven days, appoint a number of qualified persons to constitute a quorum.
(c) A person appointed under this section serves until the next regular election, when a successor shall be elected to serve the balance of the term. (Ord. O-93-6-6 § 1 (part), 1994)
2.15.100 Youth representative and alternate.
(a) There is created a nonvoting position of youth representative on the city council and an alternate youth representative to serve in the absence of the youth representative. A youth representative shall be a student at Nome-Beltz Jr./Sr. High School.
(b) Students desiring to serve as youth representative or alternate shall, pursuant to policies adopted by the council and school, make application through the school principal, be elected by the studentry, and confirmed by the council. The school shall be responsible for retention of all documents pertaining to the application and election process.
(c) Duties.
(1) The youth representative shall be seated with the city council and may participate in discussions on issues before the council, except that the youth representative’s attendance and participation in any executive session shall be at the discretion of the council.
(2) The youth representative shall receive an agenda packet for each regular and special council meeting, except meetings solely devoted to an executive session.
(3) The alternate youth representative shall serve as the youth representative during periods of the youth representative’s absence and shall receive the same documents and information as the youth representative for all meetings. The alternate youth representative is encouraged to attend all council meetings as a member of the public when the youth representative is in attendance.
(4) The youth representative shall be governed by and comply with all the provisions of the city council rules and procedures.
(d) The youth representative and alternate shall serve a one-year term, commencing upon the first regular council meeting occurring after the September Nome-Beltz Jr./Sr. High School student government election, and, unless earlier removed by an affirmative vote of the council or by resignation, until a successor qualifies. Any vacancy may, but is not required to, be filled by an affirmative vote of the council, with such term continuing until the appointed representative’s successor is qualified. As an advisory representative, the youth representative shall not be considered a public official. (Ord. O-19-10-02 § 1, 2019)