Chapter 2.04
CITY COUNCIL

Sections:

2.04.010    Composition.

2.04.020    Qualifications.

2.04.030    Terms.

2.04.035    Compensation and reimbursement.

2.04.040    Vacancy on the council.

2.04.060    Meetings.

2.04.070    Public meetings.

2.04.080    Executive session.

2.04.090    Parliamentary authority.

2.04.100    Quorum.

2.04.110    Agenda.

2.04.120    Persons to be heard.

2.04.130    Council voting.

2.04.140    Council appointees.

2.04.010 Composition.

The city council shall consist of six members. Council members shall file for and be elected at large to seats designated A, B, C, D, E and F. (Prior code § 2.04.010)

2.04.020 Qualifications.

A person is eligible to be a council member if the person is a qualified city voter and has been a city resident or a resident of territory annexed to the city for one year immediately prior to the election. (Prior code § 2.04.020)

2.04.030 Terms.

A council member’s term shall be three years. A qualified candidate succeeds to the candidate’s elected office at the next regular council meeting following the certification of election and upon taking an oath of office. No person shall serve on the council for more than two consecutive, full terms without a break in service for at least one full year. (Prior code § 2.04.030)

2.04.035 Compensation and reimbursement.

A.    Council members shall be compensated six thousand dollars ($6,000.00) annually.

B.    A council member may elect to purchase individual and related insurance coverage at their own expense. (Ord. 06-22 § 2, 2006: Ord. 01-15(AM) § 2, 2001: Ord. 01-14 § 2, 2001: prior code § 2.04.040)

2.04.040 Vacancy on the council.

A.    The council shall declare a council seat vacant when the person elected:

1.    Fails to qualify or take office within thirty (30) calendar days after election or appointment;

2.    Is physically absent from the city for ninety (90) consecutive calendar days unless excused by the council;

3.    Resigns and the resignation is accepted;

4.    Is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the 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 council concur in expelling the person elected;

7.    Is convicted of a violation of AS 15.13;

8.    No longer physically resides in the city and the council by two-thirds vote declares the seat vacant, except that if a council member ceases to be a voter in the city, the member immediately forfeits office;

9.    If a member misses three consecutive regular meetings unless excused.

B.    If a vacancy occurs on the council, the remaining members shall, within thirty (30) calendar days, appoint a qualified person to fill the vacancy. If less than thirty (30) days remain in a term, a vacancy may not be filled.

C.    If membership is reduced to less than the number of required members to constitute a quorum, the remaining members shall, within seven calendar days, appoint the number of qualified persons necessary to constitute a quorum.

D.    A person appointed to fill a vacated seat serves until the next regular election, when a successor shall be elected to serve the balance of the term. (Ord. 05-16 § 2, 2005; prior code § 2.04.050)

2.04.060 Meetings.

A.    Regular meetings of the council shall be held on the second and fourth Mondays of each month beginning at seven p.m. in the council chambers, unless otherwise designated by the council. The council may cancel a regular meeting, however, if no quorum exists. In an emergency, the mayor may cancel a regular meeting. No regular meeting shall be held on any holiday recognized by the city or on the fourth Monday of December.

B.    Special meetings of the council may be held at the call of the mayor or at least two members of the council. No business shall be transacted at any special meeting of the council except that specifically stated in the notice of the meeting.

C.    Emergency meetings may be held and business may be legally transacted if all members are present; or, if there is a quorum of the council and all absent members waive, in writing, any meeting notice, before or after the time of the meeting. The clerk shall make reasonable attempts to notify all council members of the emergency meeting.

D.    The council shall adjourn not later than eleven p.m. and may not reconvene any earlier than nine a.m. the next day. However, by an affirmative vote of the council the meeting may be extended until no later than twelve midnight. (Prior code § 2.08.010)

2.04.070 Public meetings.

A.    All meetings and work sessions of the council, except for executive sessions, are open to the public and shall be electronically recorded.

B.    At least twenty-four (24) hour advance public notice, setting out the date, time, place and agenda or issue of the meeting shall be given for all regular and special meetings and work sessions of the council, using print or broadcast media.

C.    Teleconferencing may be used for all lawful activities of the city and, if all voting individuals have an opportunity to evaluate all testimony and evidence, to vote on actions. Teleconferencing may not be used as a regular form of participating for regular meetings of the council. (Prior code § 2.08.015)

2.04.080 Executive session.

A.    If subjects excepted from public meetings are to be discussed, the meeting shall first be convened as a public meeting and the question of holding an executive session to discuss matters that come within the exceptions of subsection B of this section shall be determined by an affirmative vote of the council. Subjects may not be considered while in an executive session, except those mentioned in the motion calling for the executive session, unless auxiliary to the main question. Action may not be taken at an executive session, except to give direction to an attorney regarding the handling of a specified legal matter.

B.    Upon adoption of a motion stating the purpose for an executive session, the council in closed session may discuss:

1.    Potential or pending litigation to which the city may become or is a party;

2.    Matters, the immediate public knowledge of which would clearly have an adverse effect upon the finances of the city;

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

4.    Matters which by law, municipal charter, or ordinance are required to be confidential;

5.    Confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the city;

6.    Matters pertaining to personnel; or

7.    Land acquisition or disposal.

C.    This section does not apply to quasi-judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. (Prior code § 2.08.025)

2.04.090 Parliamentary authority.

All meetings shall be conducted in accordance with the current edition of Robert’s Rules of Order, Newly Revised, which shall be used as an advisory guide and kept by the city clerk, or other rules the council may adopt. (Prior code § 2.08.030)

2.04.100 Quorum.

Four council members shall constitute a quorum of the council, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. (Prior code § 2.08.035)

2.04.110 Agenda.

A.     The clerk shall prepare the agenda for each meeting after consultation with the mayor. Items not on the agenda may not be discussed at the meeting unless approved by a majority vote of the council.

B.     The order of business for each regular meeting shall be as follows:

I.    Call to order.

II.    Roll call.

III.    Pledge of allegiance.

IV.    Approval of agenda.

V.    Special orders of the day.

VI.    Commission and agency reports.

VII.     Public participation.

A.    Public hearing.

B.    Persons to be heard.

VIII.     Consent agenda.

A.    Minutes of preceding meeting.

B.    Introduction of ordinances.

C.    Resolutions.

D.    Action memorandums.

IX.    Unfinished business.

X.    New business.

XI.    Communications.

A.    Information memorandums.

B.    Commission minutes.

XII.     Audience comments.

XIII.     Mayor, clerk and attorney comments.

XIV.     Council comments.

XV.     Executive session.

XVI.     Adjournment.

C.    At each public hearing, a member of the public may address the council for a maximum of three minutes before council discussion of the proposed action, and for a maximum of one minute between council discussion and the final vote on the proposed action. (Ord. 06-05 § 2, 2006; Ord. 05-64(AM) § 2, 2005: prior code § 2.08.040)

2.04.120 Persons to be heard.

A.    A person wishing to speak before the council under the agenda item “persons to be heard” shall file an appearance request with the clerk specifying the topic on which the person intends to speak. The clerk shall place the appearance request on the next available regular meeting agenda.

B.    The clerk shall not accept appearance requests involving:

1.    Items that have other clearly defined channels of resolution by the administration;

2.    Items scheduled for public hearing on an agenda; and

3.    Items upon which litigation involving the applicant or applicant’s representative is currently pending.

C.    In lieu of appearance requests, the council shall accept brief written communications on any subject.

D.    Persons who do not wish to speak before the council under persons to be heard, and who do not wish to submit written communications, may be heard under “audience participation,” which is scheduled for each regular meeting. (Prior code § 2.08.045)

2.04.130 Council voting.

A.    Four affirmative votes shall be required to carry any measure before the council unless a greater number is required by ordinance. Any lesser number, even though it constitutes a majority of the members present, shall not carry and the measure shall be defeated.

B.    All council members, unless lawfully excused, shall vote on each question before the council. (Prior code § 2.08.050)

2.04.140 Council appointees.

The council shall appoint the clerk and attorney. The appointees shall serve at the pleasure of the council. (Prior code § 2.04.080)