Chapter 12.10
PORT COMMISSION
Sections:
12.10.010 Reservation of powers.
12.10.030 Commission powers and duties.
12.10.040 Nome port commission composition and qualifications.
12.10.050 Compensation of commissioners.
12.10.060 Meetings of the commission.
12.10.070 Rules and regulations.
12.10.010 Reservation of powers.
The city council reserves to itself the power and authority to approve or disapprove by ordinance all regulations, tariff rates, and the acquisition or disposal of any interest in real property pertaining in any manner to the administration of the Nome port. (Ord. O-93-6-6 § 1 (part), 1994)
12.10.020 Port commission.
There is created the Nome port commission to manage and operate the Nome port. The membership of the commission shall consist of the mayor and city council, provided however, that this constituted commission may at any time by resolution change the membership composition and qualifications as provided in Section 12.10.040. At any time thereafter, the city council may by resolution terminate the commission as constituted pursuant to Section 12.10.040 and revert again to a mayor-council composition. (Ord. O-93-6-6 § 1 (part), 1994)
12.10.030 Commission powers and duties.
The Nome port commission shall:
(a) Prepare and submit to the city council rules and regulations for promulgation by the city council pertaining to all operations of terminal and transportation facilities at the Nome port;
(b) Enforce and regulate the operation of terminal and transportation facilities at the Nome port;
(c) Study and make recommendations generally on Nome port matters such as, but not limited to, tariff rates, bond issues, fiscal matters, management services, personnel staffing, safety precautions, labor relations, expansion or extension of services and public relations;
(d) Prepare and submit to the city council an annual report of operations and finances, including recommendations for the safe, efficient and economical operation of the Nome port. (Ord. O-93-6-6 § 1 (part), 1994)
12.10.040 Nome port commission composition and qualifications.
(a) If the council chooses the alternative membership composition and qualifications pursuant to NCO Section 12.10.020, then the Nome port commission shall consist of seven members appointed by the mayor and confirmed by the city council. Each commissioner shall be appointed for a period of three years and until a successor is appointed and has qualified.
(b) Any person eighteen years of age or older whose permanent residence is on the Nome road system is eligible to be appointed as a port commissioner.
(c) Each member of the Nome port commission serves at the pleasure of the mayor unless the port commission is the mayor-council composition described in NCO Section 12.10.020. In addition, the remaining commission shall declare a vacancy on the commission when an appointed commissioner:
(1) Fails to qualify or take office within thirty days after appointment;
(2) Is physically absent from the Nome road system for ninety consecutive days unless excused by the 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 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 commission;
(9) No longer physically resides on the Nome road system and the city council by two-thirds vote declares the seat vacant; or
(10) Is otherwise qualified but currently serves in the capacity of mayor or council member.
(d) Vacancies shall be filled by a majority of the city council. Such appointments shall continue for the unexpired term and until a successor is appointed and has qualified.
(e) For the purpose of this section, “Nome road system” shall mean all roads, whether public or private, that are accessible via the Nome-Council Highway, the Kougarok Road, or the Nome-Teller Highway. (Ord. O-17-11-02A § 1, 2017: Ord. O-11-07-02 § 1, 2011; Ord. O-93-6-6 § 1 (part), 1994)
12.10.050 Compensation of commissioners.
Each member of the port commission shall receive compensation in an amount to be determined by resolution of the city council from time to time. In addition, commissioners may be reimbursed by the city council for reasonable expenses that are approved by the city council prior to being incurred. (Ord. O-12-02-03 § 2, 2012: Ord. O-93-6-6 § 1 (part), 1994)
12.10.060 Meetings of the commission.
(a) A majority of the membership of the commission shall constitute a quorum for the transaction of all business, and the chairperson shall have the vote on all matters. The affirmative vote of a majority of the commission shall be sufficient to pass upon all matters coming before it.
(b) The commission shall choose a chairperson, vice chairperson, and secretary each year at the first meeting following the qualification of the one or more commissioners appointed that year by the city council.
(c) The commission shall meet at least six times each year at a regularly scheduled time and place within the city. All meetings of the commission shall be open to the public. The secretary shall draft the minutes of all regular and special meetings in a manner accurately reflecting the actions of the commission, and shall file the minutes of these meetings permanently as public records. (Ord. O-17-11-02A § 2, 2017; Ord. O-93-6-6 § 1 (part), 1994)
12.10.070 Rules and regulations.
(a) The commission shall propose to the city council rules and regulations consistent with this chapter for the conduct of its meetings and for the orderly, safe and efficient operation of the Nome port.
(b) Prior to the submission of proposed rules and regulations to the city council for promulgation, the same proposed rules and regulations shall be presented at a regularly scheduled meeting of the commission and approved or disapproved for public notice. Public notice shall be accomplished by the timely publishing in a local newspaper of general circulation of a descriptive summary of the proposed rules or regulations, including the date and time of consideration for passage by the commission, and a statement that the full text of the proposed rules or regulations is available for public inspection at the office of the Nome city clerk. (Ord. O-93-6-6 § 1 (part), 1994)