Chapter 2.05 CITY COUNCIL

An election is held annually on the first Tuesday of October, to choose Councilmembers 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 certification of election. [Ord. 01-77 Ch. 4 § 3].

2.05.040 Oath of office.

(a) All officers elected or appointed before entering upon the duties of office shall affirm in writing the following oath and affirmation:

I . . . . . . do solemnly swear that I will support the Constitution of the United States and State of Alaska and the laws and ordinances of the City of ________, State of Alaska, and that I will honestly, faithfully and impartially perform the duties of the office of . . . . . . . . . . . . . to the best of my ability. So help me God.

(b) The oath is filed with the Municipal Clerk. [Ord. 01-77 Ch. 4 § 4].

2.05.050 Compensation of Councilmembers.

Councilmembers shall receive compensation at the rate of $200.00 for each regular meeting attended. Councilmembers shall receive $150.00 for each special meeting attended. Councilmembers shall receive $15.00 for each committee meeting attended so long as they have been assigned to that committee through the Mayor or his designee.

The Mayor, serving as Chairperson, shall receive a rate of $130.00 for each regular meeting chaired. The Mayor, serving as Chairperson, shall receive $100.00 for each special meeting chaired. The Mayor, serving as ex officio to all committee meetings, shall receive $15.00 for each committee meeting attended.

In the event the Mayor is unable to preside over a meeting of any sort, the Vice Mayor, or other Councilmember approved by the Mayor, shall receive the defined Chairperson compensation. [Ord. 22-01 § 2; Ord. 20-04 § 2; Ord. 00-03-008 § 1].

2.05.060 Salaries of elected officers not to be varied.

The Council may fix by ordinance the salaries of elected officers before they are elected. Salaries may not be changed during a term of office. [Ord. 20-05 § 2; Ord. 00-03-008 § 2].

2.05.070 Conflicts of interest.

A Councilmember or other officer or employee of the City shall disqualify himself from participating in any official action in which he has a substantial financial interest. [Ord. 01-77 Ch. 4 § 7].

2.05.080 Prohibitions.

No person may be appointed to or removed from City office or in any way favored or discriminated against with respect to a City position because of his race, color, sex, creed, national origin or, unless otherwise contrary to law, because of his political opinions or affiliations. AS 18.80 is applicable beyond the scope of this chapter. [Ord. 01-77 Ch. 4 § 8].

2.05.090 Vacancies.

An elected City office is vacated under the following conditions. The Council shall declare an elective office vacant when the person elected:

(a) Fails to qualify or take office within 30 days after his election or appointment;

(b) Is physically absent from the City for a 90-day period, unless excused by Council;

(d) Is physically or mentally unable to perform the duties of his office;

(e) Is removed from office;

(f) Misses three consecutive regular meetings unless excused; or

(g) Is convicted of a felony or of an offense involving a violation of his oath of office. [Ord. 01-77 Ch. 4 § 9].

2.05.100 Filling a vacancy.

If a vacancy occurs in the Council, the Council by vote of a majority of its remaining members shall designate a person to fill the vacant seat. The person appointed serves until the next regular City election and until his successor qualifies. [Ord. 01-77 Ch. 4 § 10].

Article II. Meetings

2.05.110 Meetings public.

(a) Meetings of the Council shall be public. The only exception to the requirement of public Council meetings is when an executive session is lawfully justified, as provided in SMC 2.05.150.

(b) The Council shall provide reasonable opportunity for the public to be heard at regular and special meetings. [Ord. 01-77 Ch. 6 § 1].

2.05.120 Regular Council meetings.

All regular meetings of the Council shall be held on the third Wednesday of each month at 5:30 p.m. [Ord. 08-2013-46; Ord. 01-77 Ch. 6 § 2].

2.05.130 Special meetings, including emergency meetings.

(a) Special meetings of the Council are those meetings which are called by the Mayor or any two members of the Council for a time different than that fixed for regular Council meetings. The location of all special Council meetings shall be the same as that authorized for regular meetings.

(b) Advance notice of at least 24 hours shall be given each Councilmember before a special meeting is held. The notice shall specify the time, place, and business of the meeting. No business shall be transacted at the meeting which is not mentioned in the notice. Such notice shall be given personally to each member of the Council or left at his or her usual place of business or residence by the Clerk or the Clerk’s designee.

(c) In an emergency, a special meeting called on less than 24 hours’ notice is a legal meeting if either all members are present or there is a quorum and all absent members have waived (excused) in writing the required notice. A waiver may be made either before or after the meeting is held. Waivers shall be attached to and made a part of the minutes of the meeting. [Ord. 01-77 Ch. 6 § 3].

2.05.140 Notice.

For the purpose of giving notice of meetings, reasonable public notice is given if a statement containing the date, time, and place of the meeting is posted in at least three public places not less than 24 hours before the time of the meeting. [Ord. 01-77 Ch. 6 § 4].

2.05.150 Executive session.

(a) Only the following subjects may be discussed in an executive session:

(1) Matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City;

(2) Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion.

(b) The following shall be discussed in executive session when the best interest of the City so require:

(1) Negotiations with labor organizations representing City employees;

(2) Discussions of pending or threatened lawsuits in which the City has an interest.

(c) If any of the above subjects are to be discussed in executive session, the session must first be convened as a public meeting. During the public hearing, the Council shall vote on a motion whether to hold an executive session. No subjects may be considered at the executive session except those mentioned in the adopted motion calling for the executive session and which concern subsections (a) and (b) of this section unless relating to the main question. No action may be taken at the executive session. Only after the executive session is over and the meeting is once again before the public may the Council take action on what was discussed in the executive session. [Ord. 01-77 Ch. 6 § 5].

Article III. Procedures

2.05.160 Mayor presides at Council meetings.

(a) The Mayor shall preside at all meetings of the Council. He or she shall preserve order among Councilmembers and is responsible for the efficient conduct of all meetings according to the rules of the Council. The Mayor may at any time make such other rules as are considered proper to preserve order among the attending public during sessions of the Council.

(b) The Council shall select a Vice Mayor from among the Council who will preside in the Mayor’s absence or disability.

(c) In the temporary absence or disability of the Mayor or Vice Mayor, any member of the Council may call the Council to order at any properly called meeting to elect an acting Mayor from among its members. The acting Mayor shall exercise all the powers of Mayor only during such temporary absence or disability of the Mayor or Vice Mayor. [Ord. 01-77 Ch. 7 § 1].

2.05.170 Order of business.

(a) The order of business at every regular meeting of the Council shall be as follows:

(1) Call to order;

(2) Roll call;

(3) Minutes of previous meetings;

(4) Reports;

(5) Communications and public appearance requests;

(6) Hearings, ordinances, and resolutions;

(7) Old business;

(8) New business;

(9) Public participation;

(10) Council comments;

(11) Adjournment. [Ord. 01-77 Ch. 7 § 2].

2.05.180 Minutes.

Minutes of all regular and special meetings shall be taken. All minutes shall be kept in the Council meeting journal. The minutes are available to the public for inspection and copies may be sold at cost. [Ord. 01-77 Ch. 7 § 3].

2.05.190 Speaking – Rules of conduct.

(a) Before speaking, a Councilmember must first respectfully address the Mayor or other presiding officer for permission to speak. A Councilmember must then be recognized by the Mayor or presiding officer before speaking. When two or more members request to speak at the same time, the Mayor or other presiding officer shall determine which one is recognized.

(b) When speaking, a Councilmember shall discuss only the subject under discussion. A Councilmember shall not refer to any other Councilmember except in a respectful manner. [Ord. 01-77 Ch. 7 § 4].

2.05.200 Second required for motions.

All motions require a second, unless otherwise provided by special rule. [Ord. 01-77 Ch. 7 § 5].

2.05.210 Disposition of motions.

After a motion is seconded and stated or read by the Mayor or presiding officer, it shall be considered to be in the possession of the Council and shall be disposed of by vote. However, the Councilmember making the motion may withdraw it at any time before a vote is taken, if the member who made the second agrees. [Ord. 01-77 Ch. 7 § 6].

2.05.220 Reducing motions to writing.

Every motion must be made in writing if any Councilmember demands. [Ord. 01-77 Ch. 7 § 7].

2.05.230 Changing vote on motion.

Any previous vote on a motion may be changed by majority vote of the Council. [Ord. 01-77 Ch. 7 § 8].

2.05.240 Additional procedures.

Robert’s Rules of Order Revised governs the conduct of Council meetings to the extent this chapter does not provide otherwise. [Ord. 01-77 Ch. 7 § 9].

2.05.250 Voting requirements.

(a) Four Councilmembers constitute a quorum. A quorum is necessary for the Council to conduct any business.

(b) At least four affirmative or “Yes” votes are required for passage of an ordinance, resolution, or motion.

(c) The final vote on each ordinance, resolution, or substantive motion is a recorded roll call vote. Except when a conflict of interest requires that a person not vote, all Councilmembers present shall vote unless the Council, for special reasons, permits a member to abstain. To allow a person to abstain, the Council must decide the question without discussion and before the final vote is taken.

(d) The Mayor or presiding officer shall declare all votes and the result. [Ord. 01-77 Ch. 7 § 10].