Chapter 2.30 BOARDS AND COMMISSIONS

Chapter 2.30
BOARDS AND COMMISSIONS

Sections:

2.30.040 Public safety advisory commission.

2.30.010 Utility board.

(a) The city council may provide by ordinance for a utility board of five members and define the board’s powers and duties.

(b) As determined by ordinance, members of the utility board are either appointed by the mayor and confirmed by the governing body or are elected at a regular election. The term of a utility board member is two years and until a successor is selected and qualifies. However, the city council may by ordinance provide for a different term not to exceed four years. The current term of an elected incumbent may not be altered.

(c) Vacancies on the utility board are filled by the mayor. Executive appointments shall be confirmed by the city council. A person appointed to fill a vacancy on the utility board serves until the expiration of the term for which appointed and until a successor is elected and qualified.

(d) The utility board shall:

(1) Choose its chairman and secretary;

(2) Appoint the manager of the public utility for a term not longer than two years and set the manager’s salary;

(3) Formulate and enforce the general rules and policies of the utility. (Ord. O-93-6-6 § 1 (part), 1994)

2.30.020 Other boards and commissions.

(a) The city council may by ordinance establish advisory, administrative, technical or quasi-judicial boards and commissions.

(b) A qualified city voter who has been a resident of the city for at least one year prior to the date of appointment is eligible to be a member of a board or commission.

(c) Members of boards and commissions, except for members of the board of adjustment and council members serving on the board of equalization, are appointed by the mayor and confirmed by the governing body.

(d) Every member of a board and a commission appointed by the mayor serves at the pleasure of the mayor. In addition, the board or commission shall declare a seat vacant when any appointed member:

(1) Fails to qualify or take office within thirty days after appointment;

(2) Is physically absent from the city for ninety consecutive days unless excused by the board or commission;

(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 board, commission or 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 appointed;

(7) Is convicted of a violation of AS 15.13;

(8) Misses two consecutive regular meetings and is not excused by the board or commission;

(9) Is delinquent on 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;

(10) 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 board or commission who forfeits office under subsection (b) of this section. (Ord. O-13-06-07 § 14, 2013; Ord. O-93-6-6 § 1 (part), 1994)

2.30.030 Museum and library commission.

(a) There is established a museum and library commission consisting of nine members appointed for overlapping three-year terms.

(b) The mayor shall appoint the members of the commission, subject to confirmation by the city council. In making appointments, the mayor shall consider past experience or involvement in museum and library activity; provided, however, that such experience or involvement shall not be a prerequisite for appointment.

Because the Kegoayah Kozga Association established the library in 1902 and has historically been an advisory organization to the city of Nome since that time, it is the intention of the mayor and the Nome common council to recognize the Association and consider its members when appointments to the commission are made.

Additionally, in making appointments the mayor shall attempt to have the membership composition reflect the cultural makeup of the community.

(d) Each member of the commission shall be a resident of the city during the term of his or her appointment.

(e) The commission shall choose a chairman, vice chairman and secretary who shall conduct the business of the commission according to Robert’s Rules of Order.

(f) Five members of the commission constitute a quorum for the conduct of business. The commission shall meet at least once every three months, and at such other times as directed by the city council. All meetings of the commission shall be open to the public.

(g) Powers and Duties.

(1) The commission shall review, study and investigate the operations, holdings, acquisitions and programs of the museum and library and shall report to the city council at least one time each year its recommendations to promote the efficiency, quality and availability of museum and library services.

(2) The commission shall be advisory in nature and shall possess none of the legal powers or authorities of the city unless specifically delegated by ordinance. (Ord. O-87-10-02 § 2, 2012)

2.30.040 Public safety advisory commission.

(a) There is established a public safety advisory commission consisting of seven members appointed for overlapping three-year terms.

(b) The mayor shall appoint the members of the commission, subject to confirmation by the city council. In addition to the requirements of NCO Section 2.30.020(b) a member of the commission shall not be a current employee of the Nome police department, and shall:

(1) Not have been employed by the Nome police department within the past two years;

(2) Pass a background check prior to appointment to confirm that a commissioner has not been convicted of a:

(A) Felony within the past ten years, or be on probation or parole for a felony, or

(B) Misdemeanor involving acts of sexual assault, domestic violence or acts of moral turpitude within the past five years, or be on probation or parole for said offense(s).

(1) Consider experience or involvement in public service activity, such as prior experience in law enforcement, victim’s services or advocacy, sexual assault or domestic violence support services, or mental or behavioral health; provided, however, that such experience or involvement shall not be a prerequisite for appointment.

(2) Attempt to have the membership composition reflect the cultural, racial and gender makeup of the community.

(d) Each member of the commission shall be appointed for a three-year term, with the exception of original members, three of whom shall be appointed for a one-year term, three of whom shall be appointed for a two-year term, and three of whom shall be appointed for a three-year term.

(e) The commission shall choose a chairman and vice chairman, who shall conduct the business of the commission according to Robert’s Rules of Order and who shall hold their offices for one year, but may be re-elected to the same or other positions. The commission shall designate a single commissioner responsible to forward reports of concern related to department conduct received by any commissioner to the city manager. The city clerk or the clerk’s designee shall provide administrative support for meetings of the commission.

(f) Four appointed members of the commission constitute a quorum for the conduct of business. The commission shall meet quarterly and at such other times as directed by the city council. The commission is subject to the Open Meetings Act, AS 44.62.310. All meetings of the commission shall be open to the public except as otherwise provided for executive sessions in Alaska Statutes. Once approved by the commission, a copy of the commission meeting minutes shall be delivered to the city clerk for inclusion in the council’s next meeting packet.

(g) Each appointed member of the commission shall be compensated in an amount to be determined by resolution of the city council from time to time.

(h) Purposes. The public safety advisory commission is established to:

(1) Advise the city council on matters relating to public safety and health.

(2) Promote and foster communication by and between members of the public and the public safety department.

(3) Encourage the highest ethical standards in the public safety department.

(4) Promote the provision of quality law enforcement services to all residents with sensitivity, cultural understanding and racial equity.

(5) Provide an alternative method for accepting citizen concerns relating to officer conduct or suggestions for changes in public safety department practices.

(i) Powers and Duties.

(1) The public safety advisory commission shall:

(A) Review periodic reports prepared by the public safety department to detect trends evident in Nome as portrayed through police statistics, separated by race and sex, including general information regarding the number of sexual assault and domestic violence calls, status of sexual assault and domestic violence cases including status of victim follow up, the number of public inebriation calls, the number of alcohol and drug abuse calls and the number of felony investigations.

(B) Advise the city council on programs addressing data-based needs and recommend specific city action in response to identified needs.

(D) Review periodic reports prepared by the public safety department including general information, separated by race and sex, regarding the number of citizen complaints about public safety services received during the reporting period and the disposition of citizen complaints during the reporting period.

(E) Report to the city council at least annually its recommendations:

(i) To promote the efficiency, quality and availability of public safety services; and

(ii) On the organizational structure, policies, and procedures of the public safety department.

(F) When the position of chief of police is or is about to become vacant and has been properly advertised, members of the public safety commission shall be given the opportunity to:

(i) Participate in candidate interviews; and

(ii) Make a recommendation for hire to the city manager.

The manager shall, after reviewing all applications, and considering any commission recommendation, make his or her hiring decision subject to confirmation by the city council.

(2) The commission shall be advisory in nature and shall possess none of the legal powers or authorities of the city or the public safety department unless specifically delegated by ordinance.

(A) The commission may also receive complaints of alleged officer misconduct for referral to the city manager for investigation. In connection with these complaints, the commission:

(i) Shall, in collaboration with the city manager, devise a confidential means of receiving complaints of alleged officer misconduct and gather the complainant’s personal information; the nature of the complaint; witness information; the incident location, date, and time; and the Nome police department personnel involved;

(ii) The designated commissioner shall promptly forward the completed complaint in writing, signed by the complainant, to the city manager;

(iii) Commissioners shall not gather evidence, contact or interview witnesses (except the complainant as provided herein), or otherwise independently investigate a complaint;

(iv) Commissioners shall also assist individuals in understanding the complaint process and requirements for filing, but shall not solicit or attempt to compel the filing of a complaint by an individual.

(B) Upon request of the complainant, commission members may review completed investigations of complaints of alleged police misconduct for adherence to the Nome police department’s operations procedures manual, and may recommend a reopening of investigations if findings show lapses in procedure. The commission:

(i) Shall, in collaboration with the city manager, devise a confidential means of reviewing completed investigations of complaints of alleged police misconduct;

(ii) Shall not gather evidence, contact or interview witnesses, or otherwise independently investigate a complaint;

(iii) Shall, upon completion of the review, notify the complainant and city manager in writing about its conclusions on whether the public safety department adhered to the operations procedure manual in its investigation of the complaint.

(C) The public safety commission may request from the city manager such assistance as it may reasonably require, including records and other materials necessary for the fulfillment of its duties, except such records or materials that cannot be disclosed by law. If the requested assistance is not provided, the commission shall notify the city council, which will review the request to determine whether and how it will be fulfilled, and to direct the city manager accordingly.

(j) Training.

(1) Within ninety days of appointment, commission members shall be required to complete training that shall include:

(A) The Alaska Open Meetings Act;

(B) Confidentiality, privacy and due process rights of officers and civilians;

(D) Nome police department’s operations procedure manual;

(E) Racial equity;

(F) Trauma informed interview skills.

(2) Commission members, upon determination of eligibility, will be offered the opportunity to participate in the Nome police department “ride along” program, preferably two shifts, in accordance with established program policies and procedures. (Ord. O-23-01-01 § 2, 2023; Ord. O-19-02-02SA § 2, 2019)