HomeMy WebLinkAboutRes1994-031
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Sponsored by: Murphy
CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING CITY COUNCIL
RULES OF PROCEDURE
WHEREAS, the City Council wishes to adopt special rules of procedure to guide
the Council in the performance of its duties and to formalize meeting procedures; and
WHEREAS, the rules of procedure were reviewed and revised in a public work
session;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council Rules of Procedure attached and incorporated herein
by reference is hereby adopted.
Section 2. Any amendments to the rules of procedure as adopted may be made
only by resolution of the City Council.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
14th day of March, 1994.
THE CITY OF SEWARD, ALASKA
^,\b.\~ lLQ C\aTV
Dave W. Crane, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski
None
None
None
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Introduction
CITY COUNCIL RULES OF PROCEDURE
TABLE OF CONTENTS
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RULE NUMBER
PAGE
RULE 1.
RULE 2.
RULE 3.
RULE 4
RULE 5.
RULE 6.
RULE 7.
RULE 8.
RULE 9.
RULE 10.
RULE 11.
RULE 12.
RULE 13.
RULE 14.
RULE 15.
RULE 16.
RULE 17.
RULE 18.
RULE 19.
RULE 20.
RULE 21.
RULE 22.
RULE 23.
RULE 24.
RULE 25.
RULE 26.
SECTION I - GENERAL PROVISIONS
COUNCIL MEETING - LOCATION........................... 1
COUNCIL MEETING - TIME ................................ 1
COUNCIL MEETINGS - OPEN TO THE PUBLIC ................ 1
ELECTION OF OFFICERS .................................. 1
PRESIDING OFFICER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
QUORUM .............................................. 2
ATTENDANCE, EXCUSED ABSENCES ........................ 2
SPECIAL COUNCIL MEETINGS ............................. 2
COUNCIL MEETING AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
WORK SESSIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
INTERFERENCE IN ADMINISTRATIVE SERVICE PROHIBITED. . . . . 4
COUNCIL MAIL ......................................... 4
SECTION II - APPOINTED OFFICIALS
CITY MANAGER ......................................... 5
CITY CLERK ............................................ 5
CITY ATTORNEy............................. ............ 5
EVALUATION OF APPOINTED OFFICIALS .................... 6
GIVING DIRECTION TO APPOINTED OFFICIALS ............... 6
SECTION III - DUTIES, PRIVILEGES AND BENEFITS OF MEMBERS
FORMS OF ADDRESS ..................................... 7
SEATING ARRANGEMENT ................................. 7
CONFLICTS OF INTEREST ................................. 7
MAYOR & COUNCIL COMPENSATION....................... 8
RETIREMENT BENEFITS ................................... 9
RECOGNITION UPON RETIREMENT FROM COUNCIL .......... 9
SECTION IV - COUNCIL PROCEDURES
RULES OF ORDER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
MOTIONS ............................................. 10
ORDER OF BUSINESS ............................. . . . . . .. 10
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RULE 27.
RULE 28.
RULE 29.
RULE 30.
RULE 31.
RULE 32.
RULE 33.
RULE 34.
RULE 35.
RULE 36.
RULE 37.
RULE 38.
RULE 39.
RULE 40.
RULE 41.
RULE 42.
SECTION IV (Continued)
ADDRESSING THE COUNCIL BY THE PUBLIC ................ 11
VOTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
COMMITTEES .......................................... 14
ENACTED ORDINANCES, RESOLUTIONS AND MOTIONS . . . . . .. 15
RESOLUTIONS ......................................... 16
ORDINANCES .......................................... 16
PERMISSION REQUIRED TO ADDRESS THE COUNCIL ......... 17
RECONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
COUNCIL RELATIONS WITH BOARDS, COMMISSIONS, ETC. .... 18
COMPLAINTS AND SUGGESTIONS TO COUNCIL ............. 19
FILLING COUNCIL VACANCIES. . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
FILLING BOARD AND COMMISSION VACANCIES . . . . . . . . . . . .. 20
COUNCIL TRAVEL ...................................... 20
LOBBYING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
BUDGET PROCESS ...................................... 21
BOARD OF ADJUSTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
SECTION V - SPECIAL CONSIDERATIONS FOR COUNCILMEMBERS
CONFLICTS OF INTEREST. . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . .. . . . . . .. 22
APPEARANCE OF FAIRNESS. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. 22
OPEN PUBLIC MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
EXECUTIVE SESSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
FREEDOM OF INFORMATION.................... ............ ....... 23
SECTION VI -CHECKLISTS FOR COUNCIL ACTION
EQUAL PROTECTION CHECKLIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
SUBSTANTIVE DUE PROCESS CHECKLIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
PROCEDURAL DUE PROCESS CHECKLIST ............................. 25
DUE PROCESS CHECKLIST - LICENSES & PERMITS ...................... 25
DUE PROCESS CHECKLIST - ZONING ................................. 26
TAKING (INVERSE CONDEMNATION) CHECKLIST ...................... 27
GENERAL ORDINANCE ADOPTION CHECKLIST ........................ 28
SECTION VII - APPENDICES
COUNCIL REQUEST FOR LEGAL SERVICES. . .. . . . . . . . . . . . . . . . . . . . . . . .. A-I
TRAVEL AUTHORIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A-2
TRAVEL-EXPENSE REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A-3
MANAGER/CLERK EVALUATION FORM.............. ................ A-4
ATTORNEY EVALUATION FORM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A-5
CHART OF PRECEDENCE OF MOTIONS .............................. A-6
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Introduction
Welcome to the Seward City Council. This packet of information has been put
together by the City Clerk's Office to assist you as you carry out the duties of your office.
Many of the provisions set forth in the following pages have been taken from the Seward
City Code. These are generally followed by a citation in brackets indicating the particular
section of the Code which is being quoted or paraphrased, Le., (SCC ~ 2.10.055).1 Other
provisions were approved by resolution when the Council's Rules of Procedure were
adopted or have been included as general information.
The city of Seward is a home rule city founded in 1906 and incorporated in 1912.
The home rule charter was adopted in 1960. Alaska Statutes Title 29 governs the
operations of Alaskan municipalitiesj however, as a home rule municipality, the city of
Seward is not subject to all of the provisions of Title 29. (In contrast, general law
municipalities are bound by all of the limitations set forth in AS 29.)
Regular city elections are conducted on the first Tuesday in October. The City
Clerk coordinates the city election with the Kenai Peninsula Borough Clerk in order to
lessen confusion for the voters and to save money for both the city and the borough.
Generally, the Mayor and Council are elected to two-year terms, with the Mayor and
three Councilmembers elected in odd years and three Councilmembers elected in even
years. Occasionally, a vacancy occurs prior to the end of the Mayor or Councilmember's
term of office. In this case, the Council fills the vacancy until a successor is elected at the
next regular election. If the vacancy occurs one year or more before the expiration of the
term, the Clerk advertises a one-year seat to be elected to fill the remainder of the term
for that particular seat. In order to qualify for any elective office in Seward, a candidate
must be registered to vote in city elections and must have lived in the city of Seward for
at least one year prior to filing for office.
The City Council enacts the laws of the city of Seward, approves the annual
budgets of the city, sets city policy and serves as an appeal board for actions taken by city
boards and commissions and the city administration. In other words, your function is
to serve as the legislative body of the city. The city's administrative functions are carried
out by the City Manager. It is sometimes difficult to grasp the difference in these two
areas of responsibility. For instance, you are setting policy when you adopt a budget for
street plowing. However, it is up to the City Manager and his staff to determine who
is going to do the plowing and which streets will be plowed first.
There are four city boards that are appointed by and report to the City Council.
They are described on the following pages. The members of each are appointed to three-
year terms. However, they serve at the pleasure of the Council and may be removed
from a board by the Council at any time before the expiration of their terms.
1SCC = Seward City Codej ~ = Section.
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COMMUNITY HOSPITAL BOARD
The Community Hospital Board is responsible for the furnishing of municipal
hospital services necessary for the protection of the health of the public. Membership on
the Board is limited to residents of the city of Seward and the East Peninsula Road
Service Area. The board is empowered to:
1. Receive, consider and evaluate public input, opinions and recommendations
regarding the participation of the city in hospital health programs within the city;
2.
Implement hospital programs and budgets for the city;
3.
Code;
Employ, promote, discharge and direct employees as provided in the City
4. Act as the local board for the purposes of dealing with any operators or
managers of hospital facilities owned or operated by the city, exercising and performing
those functions granted to and required of the board by the provisions of any agreement
between the city and operators of those facilities;
5. Develop policies and rules for the conduct and frequency of its own
meetings; and
6. Perform such other activities as may be requested of it by the city.
The hospital must provide the city with a quarterly financial report of all hospital
accounts not later than 30 days following the end of the quarter for which the report is
provided. A copy of this report is provided to the Council by the Clerk as soon as it is
received.
The hospital must submit its proposed annual budget to the City Council prior to
May 1st. The Council approves the total amount of the hospital budget but has no line
item control.
The board meets on the 1st Monday of each month. The Council's liaison to the
board attends these meetings and makes regular reports to the Council regarding issues
before the board. In addition, the Council and the board meet in quarterly joint work
sessions in March, June, September and December.
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PLANNING & ZONING COMMISSION
The Planning and Zoning Commission meets on the first Wednesday of each
month. All commission members must live within the city of Seward. The Council
liaison to the commission attends the meetings and makes regular reports to the Council
regarding issues before the commission. The Council also meets in an annual joint work
session with the commission to address areas of mutual concern.
The Commission performs the following duties:
1. Interprets the provisions of the Zoning Code and makes compliance
determinations when requested by the Community Planning Director;
2. Reviews and acts upon requests for variance permits, conditional use
permits and other matters requiring consideration under the Seward Zoning Code;
3. Reviews the city comprehensive plan on an annual basis, conducts a
mInimUm of one public hearing and forwards recommendations to the Council for
consideration;
4. Promotes public interest and understanding of comprehensive planning,
platting, zoning, land management and other issues relating to community planning and
development;
5. Acts in an advisory capacity to the City Council regarding the Zoning Code,
the comprehensive plan, official zoning map, official land use plan map and other duties
as requested by the City Council; and
6. Acts in an advisory capacity to the borough planning commission regarding
subdivision plat proposals; right-of-way and easement vacation petitions; borough
comprehensive plan and coastal zone management plan development, updates and
amendments; and city comprehensive plan amendments not otherwise delegated to the
city of Seward.
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HISTORIC PRESERVATION COMMISSION
The Historic Preservation Commission meets at least twice each year. Membership
on the Commission is open to citizens of the city of Seward and surrounding areas. The
commission has the following duties:
L Surveys and inventories community historic resources;
2. Reviews proposed nominations to the National Register of Historic Places;
3. Provides advice and information regarding the identification and protection
of local historic and archaeological resources;
4. Supports the enforcement of state and local historic preservation laws;
5. Reviews and makes recommendations about local projects; and
6. Develops a local historic plan.
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PORT AND COMMERCE ADVISORY BOARD
The Port and Commerce Advisory Board meets on the first and third Wednesday
of each month at the Harbor Dinner Club. Membership on the Board is open to citizens
of Seward and surrounding areas. The Council's representative to the Kenai Peninsula
Borough Economic Development District is the liaison to this board, attends its meetings,
and reports regularly to the Council regarding its activities. It is the responsibility of the
board to:
1. Report annually to the City Council at the first Council meeting of the new
fiscal year and at any other time as may be requested by the Council;
2. Make recommendations to the City Council concerning the design and
coordination of projects to promote and develop domestic and international transporta-
tion and trade links through the port of Seward;
3. Provide input to the City Council on matters involving the establishment
of industry related to the movement of fish resources and bulk commodities such as coal,
grain, timber, minerals and other resources from Alaska through the port of Seward;
4. Advise the City Council on matters involving the establishment of support
services pertaining to the port of Seward; and
5. Perform other duties as requested by the City Council.
This Board will automatically dissolve if not continued by the affirmative vote of
the Council at its first meeting of the fiscal year.
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City Council Rules of Procedure
SECTION I - GENERAL PROVISIONS
COUNCIL MEETING - LOCATION
RULE 1. All regular meetings of the City Council are held in the Council Chambers
at Seward City Hall as specified in SCC ~ 2.10.030 A.1.
COUNCIL MEETING - TIME
RULE 2. The regular meetings of the City Council are held on the 2nd and 4th
Mondays of each month at 7:30 p.m. as specified in SCC ~ 2.10.030 A.1.
COUNCIL MEETINGS - OPEN TO THE PUBLIC
RULE 3. All meetings of the City Council and its boards and commissions are open
to the public, except as provided for in SCC ~ 2.10.030 B (Executive Sessions). The public
must be given a reasonable opportunity to be heard at all regular and special meetings
in accordance with SCC ~ 2.10.030 A.
ORGANIZATION OF COUNCIL
RULE 4. The City Council must meet and organize on the first Monday following
each regular city election. Within 30 days of its first regular meeting (generally at the
organizational meeting noted in the preceding sentence), the Council elects one of its
members to act as vice-mayor in the absence of the mayor. In addition, the Mayor
appoints one Councilmember to represent the Council on the Community Hospital
Board. (SCC ~ 2.10.020)
PRESIDING OFFICER
RULE 5. The Mayor presides at all meetings of the Council and is recognized as the
head of the City for all ceremonial purposes. The Mayor has no regular administrative
or executive duties except in declared emergencies when, according to Charter ~ 3.4, he
shall serve as chief executive officer of the City. In case of the Mayor's absence or
temporary disability, the Vice-Mayor acts as Mayor during the continuance of the
absence. In case of the absence or temporary disability of the Mayor and the Vice-Mayor,
an Acting Mayor selected by members of the Council acts as Mayor during the
continuance of the absences or disabilities. The Mayor or Vice-Mayor are referred to as
"Presiding Officer" from time to time in these Rules of Procedure. (SCC ~ 2.10.020 and
~ 2.10.025)
Adopted March 14, 1994 (Resolution No. 94-031)
Page 1
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City Council Rules of Procedure
QUORUM
RULE 6. At all meetings of the Council, four Councilmembers who are present and
eligible to vote constitute a quorum for the transaction of business. In the absence of a
quorum, any number less than a quorum may adjourn a meeting to a later date. (SCC
~ 2.10.040) A Council meeting adjourned under the previous provision is considered a
regular meeting for all purposes.
ATTENDANCE, EXCUSED ABSENCES
RULE 7. In the event any member of the City Council departs from the city with the
intent of remaining absent for more than 90 days, or fails to attend meetings of the
Council for a period of 90 consecutive days, or attends less than 5 of the meetings of the
Council during any continuous period of 5 months, the Council may declare the office
of such member vacant. Members of the Council may be excused from attending a
meeting of the Council by complying with this section. The member must contact the
City Clerk prior to the meeting and state the reason for his inability to attend the
meeting. The City Clerk will inform the Presiding Officer of the request for excused
absence prior to the meeting, and the Presiding Officer will rule whether the absence is
excused or unexcused. When calling the roll for the meeting, the Clerk will indicate
whether a member's absence was ruled to be excused or unexcused, and the Clerk will
make an appropriate notation in the minutes. If another councilmember questions the
member's absence, the Presiding Officer will inquire if there is a motion to excuse the
member. This motion is non-debatable. Upon passage of such motion by a majority of
members present, the absent member will be considered excused and the Clerk will make
an appropriate notation in the minutes. (SCC ~ 2.10.050)
SPECIAL COUNCIL MEETINGS
RULE 8.
Procedures for setting a special meeting are as follows:
(a) A special meeting may be called by the City Clerk on written request of the
Mayor, City Manager or any 2 members of the City Council. (SCC ~ 2.10.030 A.2.)
(b) Notice of the special meeting will be prepared in writing by the Clerk. The
notice must contain the following information about the meeting: time, place, and
business to be transacted.
(c) The notice will be delivered by mail or personally to the residence of each
Councilmember, the City Manager, and the business office of each local newspaper and
radio and television station which has on file a written request for notice of special
meetings. The notice must be delivered at least 24 hours prior to the meeting.
Adopted March 14, 1994 (Resolution No. 94-031)
Page 2
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City Council Rules of Procedure
(d) The notices provided in this section may be dispensed with in emergency
situations provided that a quorum is present and all absent members have waived, in
writing, the notice requirements of SCC ~ 2.10.032. Waivers may be signed either before
or after the time of the meeting.
(e) No business may be transacted at any special meeting of the Council except
that stated in the notice of meeting. (SCC ~ 2.10.030 A.2.)
COUNCIL MEETING AGENDA
RULE 9. (a) All reports, ordinances, resolutions, contracts, documents or other
matters to be submitted to the Council at the regular meeting must be submitted to the
City Clerk not later than 12:00 Noon on the Tuesday preceding the Monday meeting.
The City Clerk prepares the agenda for all such matters according to the order of
business, numbering each item consecutively. A copy of the agenda and supporting
materials must be delivered to Councilmembers and the City Manager and made
available to the press not later than 7:00 p.m. on the Saturday before the regular Council
meeting. (SCC ~ 2.10.055 D.) However, except in extraordinary situations, the City Clerk
will provide full agenda packets to the Police Department on Thursday afternoon for
delivery to the Council that evening. The agenda packet will be available for public
inspection at 9:00 a.m. on the day of the meeting. In addition, the Agenda will be
published in the local newspaper on the Thursday prior to the meeting.
(b) Councilmembers who wish to add items to the agenda must present the
item in writing to the City Clerk no later than 12:00 Noon on the Tuesday preceding the
Monday meeting. The Clerk will prepare the written agenda statement if notified by the
Councilmember prior to 12:00 Noon on the preceding Monday.
(c) The Council has the option of deleting any item from the agenda or
deferring any item on the agenda to a subsequent Council meeting. Prior to voting on
approval of the agenda, an agenda item may be deleted or deferred upon the request
of a single Councilmember if there is no objection from the remaining members.
However, if any member objects, the member wishing to delete or defer an agenda item
must so move. This motion requires a second and must receive four affirmative votes for
approval. Agenda items may be moved from the consent agenda to the regular meeting
agenda upon the request of any member of the Council.
(d) No matters other than those on the agenda may be finally acted upon by
the City Council; provided that matters that seem to be emergencies or of an urgent need
by the Mayor or any Councilmember or the City Manager, with an explanation of the
emergency or urgency stated in open Council meeting, may, with the consent of the
Council majority present, be considered and acted upon by the Council. (SCC ~ 2.10.055
K)
Adopted March 14, 1994 (Resolution No. 94-031)
Page 3
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City Council Rules of Procedure
WORK SESSIONS
RULE 10. Upon written request of the Mayor, City Manager or any two members of
the City Council, the Council may hold work sessions for the purposes of planning,
studying and discussing any question permitted by law. Work Sessions need have no
formal agenda and may be conducted informally so long as such informality is not in
conflict with these rules. No formal action may be taken by the Council on any matters
discussed in the Work Session until the matter is placed on the Council agenda for a
regular or special meeting. Work Sessions are held in the regular meeting place of the
Council. (SCC ~ 2.10.030 AA.)
INTERFERENCE IN ADMINISTRATIVE SERVICE PROHIBITED
RULE 11. No member of Council may direct, request or attempt to influence, either
directly or indirectly, the appointment of any person to office or employment by the City
Manager. No member of Council may interfere with the City Manager to prevent him
from exercising his own judgment in the appointment of officers and employees in the
administrative service. The Council and its members may deal with the administrative
services solely through the City Manager and no member of the Council may give orders
to any of the subordinates of the City Manager either publicly or privately. (SCC ~
2.10.090)
COUNCIL MAIL
RULE 12. The City Clerk is authorized to receive and open all mail addressed to the
City Council. A copy of all correspondence needing action must be immediately
forwarded to the City Manager for timely attention to the end that all administrative
business referred to in such communications and not necessarily requiring Council action
may be disposed of between Council meetings. All action taken pursuant to such
communications shall be reported to the City Council thereafter. Any communication
needing Council action shall be reported to the City Council at the next regular meeting
together with the report and recommendations of the City Manager. (SCC ~ 2.10.095)
Adopted March 14, 1994 (Resolution No. 94-031)
Page 4
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City Council Rules of Procedure
SECTION II - APPOINTED OFFICIALS
The following three city officials are appointed by and report directly to the City CounciL
They are employed under an employment agreement and are not subject to Title 3 of the
Seward City Code.
CITY MANAGER
RULE 13. The City Manager, as the chief executive officer and head of the executive
branch of City government, or his designee must attend all meetings of the Council
unless excused by the Presiding Officer or CounciL The City Manager may take part in
the Council's discussion on all matters on the agenda and otherwise concerning the
welfare of the City. In the event that the City Manager is unable to attend a Council
meeting, he will appoint another qualified staff member to attend the meeting on behalf
of City Management. All employees of the city, with the exception of the Attorney and
the Clerk and their respective staffs, are appointed by and are responsible to the City
Manager.
CITY CLERK
RULE 14. The City Clerk is the ex-officio Clerk of the Council and, in this role, keeps
the official records of the Council meetings, acts as parliamentary advisor to the Council
and performs such other duties in the meeting as may be required by the Mayor or the
CounciL In the absence of the City Clerk, the Clerk will appoint another qualified staff
member to act as Clerk of the CounciL The Clerk administers all city elections, provides
for the codification of all city ordinances, is the custodian of all city records and the city
seal, provides administrative support to the Mayor and Council, attests all deeds and
other documents of the city, and takes all oaths and affirmations as necessary.
CITY ATTORNEY
RULE 15. The City Attorney advises the City Council, the City Manager and the City
Clerk on all matters of law. He drafts and assists in drafting ordinances, resolutions,
contracts and agreements to be made or entered into by the city and approves the form
of all such instruments. He prosecutes violators of the City Code and represents the city
in all actions of law. Any Councilmember seeking advice from the attorney which will
require the expenditure of city funds must first complete a Request for Legal Services
Form which must be approved by the City Council and filed in the office of the City
Clerk. [A copy of this form is attached hereto as Appendix A-I.]
Adopted March 14, 1994 (Resolution No. 94-031)
Page 5
City Council Rules of Procedure
. EVALUATION OF APPOINTED OFFICIALS
RULE 16. The City Council shall evaluate the performance of the City Attorney, the
City Clerk and the City Manager semi-annually on or before March 15th and September
15th. At the March 15th evaluation, the Council shall negotiate the salary for the Clerk
and Manager so that this salary can be reflected in the budget adopted in June. At each
evaluation, the Council shall set goals and priorities for its appointed officials. The City
Clerk shall provide the necessary blank evaluation forms to the Council no later than
February 15th and August 15th. The Mayor shall then appoint a member of the Council
to receive the completed forms and tabulate the results prior to the formal evaluation
sessions with the appointed officials. [See Appendix A-4 for Manager/Clerk Evaluation
Form and Appendix A-5 for Attorney Evaluation Form.]
GIVING DIRECTION TO APPOINTED OFFICIALS
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RULE 17. The Manager, Clerk and Attorney work for the Council as a body and may
not take direction from any individual member of the Council if doing so would conflict
with the wishes of the majority. Generally, requests for research or drafting of
ordinances, resolutions or other documents should be made at a meeting or work session
to give dissenting members of the Council an opportunity to object to the request and
to assure the appointed official that the direction given is supported by a majority of
Council.
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Adopted March 14, 1994 (Resolution No. 94-031)
Page 6
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City Council Rules of Procedure
SECTION III - DUTIES, PRIVILEGES AND BENEFITS OF MEMBERS
FORMS OF ADDRESS
RULE 18. The Mayor shall be addressed as "Mayor (surname)", "Your Honor",
"Mr./Madam Chairman" or "Mr./Madam Mayor". The Vice-Mayor, when acting for the
Mayor, shall be addressed as "Vice-Mayor (surname)" or "Mr./Madam Chairman".
Members of the Council shall be addressed as "Councilmember (surname)".
SEATING ARRANGEMENT
RULE 19. Councilmembers shall occupy their respective seats in the Council Chamber
assigned to them by the Mayor. Such seats shall be assigned so that the Vice-Mayor sits
on the left hand of the Mayor and other members are seated in order of seniority with
those newest Councilmembers filling the outermost seats on the dais.
CONFLICTS OF INTEREST
RULE 20. (a) Conflict of Interest Defined. A conflict of interest exists whenever
a Councilmember has a direct or indirect substantial financial interest in the outcome of
a vote or decision of the CounciL No member of the Council may discuss or vote on any
question in which the member has such a direct or indirect substantial financial interest.
(SCC ~ 2.10.035 C.)
(b) Obligations of Councilmembers, Procedure.
(1) A Councilmember should disclose any potential conflict of interest,
no matter how remote, and ask the Presiding Officer to rule on whether a conflict does
exist. This disclosure should be made prior to discussion or vote on the issue. The
Presiding Officer will then rule whether a conflict of interest sufficient to disqualify the
Councilmember from participating in the matter then before Council does exist.
(2) Once the Presiding Officer rules on the question of conflict, any
member of the Council disagreeing with the ruling so given may appeal the ruling of the
Presiding Officer. The Councilmember would say: "I appeal the ruling of the Chair."
This motion requires a second and is debatable. The motion to be voted on would read:
"Shall the decision of the Chair stand?" A majority of YES votes or a TIE vote would
uphold the chair. Only a majority of NO votes could overturn the ruling of the Chair.
Adopted March 14, 1994 (Resolution No. 94-031)
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(3) Anyone seeking to disqualify a Councilmember from participating in
a decision on the basis of a perceived Conflict of Interest which has not been declared
must raise the challenge as soon as the basis for disqualification reasonably should have
been made known prior to the onset of debate and vote. The party seeking to disqualify
the Councilmember shall state with specificity the basis for disqualification. The
Presiding Officer would then rule on the potential conflict of interest as outlined in
subsection (1) above. This ruling by the Presiding Officer may be challenged as outlined
in subsection (2) above.
(c) Public Disclosure File. The Clerk maintains a public disclosure file
containing Council statements of intent to do business with the city. This file is available
for inspection by the public.
(d) Conflict of interest. generally. It should be remembered that the purpose
of the conflict of interest law is to provide for the full public disclosure of any financial
interest in a decision before the Council. Therefore, once the public disclosure is made
and the Presiding Officer has ruled, and provided that this ruling has not been
overturned by the Council, any action taken by the Council in accordance with this
ruling will probably be upheld by the Courts even if it is later proven that the ruling was
in error.
MAYOR AND COUNCIL COMPENSA nON
RULE 21.
follows:
A.
Councilmembers are compensated for service on the City Council as
1. The Mayor is compensated at the rate of $300 per month; and
2. Each Councilmember is compensated at the rate of $200 per month.
B. Compensation is paid quarterly in January, April, July and October of each
year and covers service for the three preceding months. Council compensation checks
are issued with the first employee payroll of the month following the quarter for which
compensation is due. [SCC ~ 2.10.100]
Adopted March 14, 1994 (Resolution No. 94-031)
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RETIREMENT BENEFITS
RULE 22. A. Public Employees Retirement System (PERS). As an elected official,
you have the option of being covered by the state of Alaska Public Employees Retirement
System (PERS). Your contribution, totalling 6.75% of your pay, will be taken from your
quarterly compensation checks. The city's contribution portion depends on the rate set
annually by the state. Currently, the city's rate of contribution is 7.92%; however, it is
anticipated that this rate will increase to 9.52% in Fiscal Year 1995. You will be vested
in PERS after five years of service. If your service with the city ends prior to vesting,
your contributions to PERS will be refunded to you. The minimum benefit for a retired
elected official who is fully vested in PERS is $25 per month for each year of service; Le.,
if you serve three terms (6 years), your monthly retirement benefit will be $150. In
addition, vested retirees will receive health benefits from the state of Alaska. If you
choose to enroll in PERS, you will receive a PERS booklet from the state. Refer to this
booklet for more information regarding your retirement plan.
B. Social Security and Medicare. The city opted out of the Social Security
Program in 1981. In April 1986, changes in Social Security regulations required employees
of the city to participate in the Social Security Medicare Tax at a rate of 1.45%. In April
1991, additional changes to Social Security regulations required employees not currently
enrolled in an approved retirement system (such as PERS) to pay the full Social Security
Tax rate of 7.65%. Therefore, if you waive enrollment in PERS, 7.65% Social Security Tax
will be withheld from your compensation. Should you enroll in PERS, 1.45% Social
Security Medicare Tax will be withheld from your pay (in addition to the 6.75% PERS
contribution).
RECOGNITION UPON RETIREMENT FROM COUNCIL
RULE 23. Councilmembers who retire from service on the Council after one term or
who are not re-elected following their first term of office will receive a plaque in
recognition of their service to the city. Councilmembers who retire or fail to be re-elected
after two or more terms on the City Council will receive an engraved gold pan in
recognition of their service. A Mayor who retires or fails to be re-elected will receive a
plaque bearing a gavel in recognition of his or her service to the city.
Adopted March 14, 1994 (Resolution No. 94-031)
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SECTION IV - COUNCIL PROCEDURES
RULES OF ORDER
RULE 24. Rules of order not specified by statute, ordinance, or resolution shall be
governed by Robert's Rules of Order Newly Revised. The City Clerk or his designee
shall serve as parliamentarian and shall advise the Presiding Officer as to correct rules
of procedure or questions of specific rule application. (SCC ~ 2.10.065 A.) [See Appendix
A-6 for a list of motions, their attributes, order of precedence and special purposes.]
MOTIONS
RULE 25. All ordinances, resolutions, contracts and items of business that require
Council approval shall be in the form of an affirmative motion. The affirmative vote of
four members of the Council is required for the passage of any motion of Council unless
otherwise noted in the City Code or in these Rules of Procedure. (SCC ~ 2.10.0408.)
ORDER OF BUSINESS
RULE 26. (a) The order of business for the regular meetings of the City Council
is as follows: (SCC ~ 2.10.055 A.)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Call to order
Pledge of allegiance
Roll call
Citizens' comments
a. Agenda items not scheduled for public hearing
b. Items other than those appearing on the agenda
Approval of agenda and consent agenda
Borough assembly report
Approval of minutes
Special orders and public hearings
Presentations with prior notice
Ordinances for introduction
Resolutions
Unfinished business
New business
City manager reports
Council discussion
Council and administration response to citizens' comments
Adjournment
Adopted March 14, 1994 (Resolution No. 94-031)
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(b) Consent agenda. Those items on the council agenda which are
considered routine by the City Manager and the City Clerk shall be indicated by an
asterisk on the agenda. Unless the Mayor or a Councilmember specifically requests that
such an item on the consent agenda be considered under the regular meeting agenda,
and thus removed from the consent calendar and considered separately on the regular
agenda, these items so designated shall be approved, adopted, accepted, etc. by motion
of the Council to approve the agenda and consent agenda. Those items so approved
shall appear in the Council minutes as if acted upon individually. The Clerk shall read
into the record the Consent Agenda, including the titles of any ordinances or resolutions
contained therein. (SCC ~ 2.10.055 B.)
ADDRESSING THE COUNCIL BY THE PUBLIC
RULE 27. (a) Generally. A person desiring to address the Council shall first
secure the permission of the Presiding Officer to do so, shall stand before the Council
and give his name and address in an audible tone of voice for the record, and, unless
further time is granted by the Presiding Officer, shall limit his address to the time limits
specified below. All remarks shall be addressed to the Council as a body and not to any
member thereof. No person other than a Councilmember and the person having the
floor shall be permitted to enter into any discussion without permission from the
Presiding Officer. Citizens giving testimony may not ask questions of a Councilmember,
the Mayor or the city staff. However, Councilmembers or the Mayor may ask questions
of citizens giving testimony, and the time allotted to a citizen for public testimony shall
be extended automatically to provide additional time which is reasonably sufficient to
answer all questions posed. All items presented by a citizen during public testimony for
consideration by the Council shall be retained by the City Clerk. Written testimony may
be filed by submitting said statement to the City Clerk at or before the time scheduled
for the public hearing or discussion of the item. No person or group shall disrupt a
Council meeting. (SCC ~ 2.10.070)
(b)
Public Hearings.
The procedures for a public hearing are as follows:
(1) A sign-in sheet shall be provided for those wishing to address the
Council under "Public Hearings". Prior to the start of the public hearing, the Presiding
Officer will first recognize those whose names appear on the sign-in sheet. Any person
who fails to sign in shall not be permitted to speak until all those who signed in have
done so. At any public hearing all persons who have signed in and wish to be heard
shall be heard. Those testifying under public hearings must limit their comments to 5
minutes. No person who has previously spoken during the public hearing on a
particular item may speak again unless all other persons desiring to give testimony at the
public hearing have spoken. A person speaking for a second time shall limit his
testimony to not more than one minute.
Adopted March 14, 1994 (Resolution No. 94-031)
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(2) The Presiding Officer introduces the agenda item, opens the public
hearing, and announces the following Rules of Order.
(a) "All comments by proponents, opponents, or the public shall
be made from the speaker's podium and any individual making comments shall first give
his name and residence address and shall limit his remarks to 5 minutes. This is required
because an official record of the public hearing is being made. No comments shall be
made from any other location except the podium, and anyone making "out of order"
comments may be subject to removal from the meeting."
(b) "There will be no demonstrations during or at the conclusion
of anyone's presentation."
(c) "These rules are intended to promote an orderly system of
holding a public hearing, to give every person an opportunity to be heard, and to ensure
that no individual is embarrassed by exercising his right of free speech."
(3) The Presiding Officer calls upon the City Manager to describe the
matter under consideration.
(4) The Presiding Officer opens the floor to those on the sign-in sheet
in the order which they appear on the sheet.
(5) The Presiding Officer calls for additional comments from the
audience.
(6) The Presiding Officer closes the public hearing.
(7) The Presiding Officer inquires if there is a motion by any
Councilmember. If a motion is made, it shall be in the form of an affirmative motion.
Following the motion and its second, discussion occurs among Councilmembers. The
Presiding Officer may call on individual Councilmembers in the discussion.
(8) The Presiding Officer inquires if there is any further discussion by
the Councilmembers.
(9) The Presiding Officer inquires if there are any final comments or
recommendations from administration.
(10) The Presiding Officer inquires of the Councilmembers as to whether
they are ready for the question.
(11) The Clerk shall conduct a roll call vote.
Adopted March 14, 1994 (Resolution No. 94-031)
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(c) Citizens' Comments and Discussion. Taxpayers or residents of the city
or their authorized representatives may address the Council by oral communication on
any matter concerning the city's business, or any matter over which the Council has
control. There shall be two opportunities provided for such comments:
(1) Citizens' comments. The clerk shall make available sign-in sheets on
which persons desiring to speak during this time may indicate their desire to do so. All
presentations under this agenda item shall be limited to two minutes per person and
shall also be limited to a total time of not more than thirty minutes. Comments shall be
taken as follows:
(a) Agenda items not scheduled for public hearing; and
(b) Items other than those appearing on the agenda.
(2) Citizens' discussion. Comments concerning any item over which the
Council has control may be made. All presentations under this agenda item shall be
limited to five minutes per person.
(d) Presentations with prior notice. Anyone wishing to make a formal
presentation to the Council concerning any item not appearing on the agenda must give
prior written notice to the City Clerk no later than noon on the Tuesday immediately
preceding the Monday meeting. Such notice shall set forth the name of the person
wishing to make the presentation, his mailing address and the nature of the proposed
communication in order that the same may appear on the agenda of the Council. Such
presentations shall be limited to five minutes unless further time is granted by the
Presiding Officer.
(e) Spokesman for group of persons. When any group of persons wishes to
address the Council on the same subject matter, it shall be proper for the presiding officer
to request that a spokesman be chosen by the group to address the Council, and in that
case, if additional members of the same group are to be presented at that time, to limit
the number of persons so addressing the Council so as to avoid repetition before the
Council.
VOTING
RULE 28.
The votes during all meetings of the Council shall be transacted as follows:
(a) All votes shall be taken by roll call vote. The order of the roll call vote shall
be altered for each vote. (SCC ~ 2.10.035)
Adopted March 14, 1994 (Resolution No. 94-031)
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(b) In case of a tie in votes on any proposal, the proposal shall be considered
lost. [Exception - Any vote on an appeal of the ruling of the chair is stated, "Shall the
ruling of the Chair be sustained?" A tie vote, in this case, results in approval of the
motion since it takes a majority of the body voting in opposition to overrule the Chair.]
(c) Every member who is in the Council Chambers when the question is put
shall give his vote unless the Councilmember is excused in accordance with Rule 20.
(d) The passage of any ordinance, resolution or other action of the Council shall
require the affirmative vote of at least four members of the Council.
(e) The passage of a motion to reconsider shall require the affirmative vote of
2/3 of those members present.
(f) The passage of any public emergency ordinance shall require the affirmative
vote of all members present or the affirmative vote of three-fourths of the total
membership of the Council, whichever is less. An emergency ordinance may not be used
to levy taxes, to grant, renew or extend a franchise or to regulate a charge for a city
service. Emergency ordinances are effective for sixty days.
COMMITTEES
RULE 29. The City Charter prohibits standing committees of the Council. However,
the Council may meet in work sessions as a committee of the whole or may appoint ad
hoc committees to address specific topics.
(a) Committee Of The Whole. The only standing committee of the Council
shall be the Committee Of The Whole (COW), composed of the entire council sitting as
a legislative study committee. The committee of the whole shall not take any official
action while in committee. The Presiding Officer chairs the COW.
(b) Special Ad Hoc Council Study Committees. Special ad hoc Council study
committees may be created by the Council for a particular purpose, or when the issue is
so complex and time consuming that it cannot be reasonably handled at a Council or
COW meeting. Council study committees shall consist of no less than 3 Councilmembers
appointed by the Presiding Officer. Special council committees shall sunset at the end of
their mission, but no later than the end of each fiscal year unless specifically continued
by the Council thereafter for a specified time period.
Adopted March 14, 1994 (Resolution No. 94-031)
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(c) Council Liaisons. In order to build additional Council expertise in various
areas of city operations, the Presiding Officer shall appoint one Councilmember to serve
as a liaison to the Community Hospital Board and one Councilmember to serve as a
liaison to the Planning and Zoning Commission. These appointments shall be made at
the Council's organizational meeting in October. The Council representative to the Kenai
Peninsula Borough Economic Development District shall serve as liaison to the Port and
Commerce Advisory Board.
(d) Special Ad Hoc Citizen Advisory Committees. Special ad hoc citizen
advisory committees may be created by the Council for a particular purpose. Committee
members shall be appointed by the Mayor, with the advice and consent of the Council.
The Mayor shall appoint the chair of the committee. Citizen study committees shall
sunset at the end of their mission, but no later than the end of each fiscal year unless
specifically continued by the Council thereafter for a specified time period. One
Councilmember, and one alternate Councilmember, may be appointed as a member and
liaison of a citizen advisory committee.
(e) Committees may make recommendations on proposed programs, services,
ordinances, and resolutions within their area of responsibility before action is taken by
the Council. The Committee Chair may present the recommendations of the committee
during the discussion of the item of business.
(f) Employees shall staff the various committees as directed by the City
Manager, but no staff person shall serve as a voting member of a council or citizen study
committee.
(g) Minutes need not be taken of committee meetings.
ENACTED ORDINANCES, RESOLUTIONS AND MOTIONS
RULE 30. A. Ordinance. An enacted ordinance is a legislative act prescribing
general, uniform, and permanent rules of conduct relating to the corporate affairs of the
municipality. Council action shall be taken by ordinance when required by law, or to
prescribe permanent rules of conduct which continue in force until repealed, or where
such conduct is enforced by penalty.
B. Resolution. An enacted resolution is an internal legislative act which is a
formal statement of policy concerning matters of special or temporary character. Council
action shall be taken by resolution when required by law and in those instances where
an expression of policy more formal than a motion is desired.
Adopted March 14, 1994 (Resolution No. 94-031)
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C Motion. An enacted motion is a form of action taken by the Council to
direct that a specific action be taken on behalf of the municipality. A motion, once
approved and entered into the record, is the equivalent of a resolution in those instances
where a resolution is not required by law.
RESOLUTIONS
RULE 31. A resolution may be voted on the same day it is introduced. Most
resolutions take effect the day they are passed, except that those involving property
transactions become effective 30 days after passage and those establishing rules and
regulations affecting the public become effective not less than 10 days after passage. The
title of each resolution shall in all cases be read prior to its passage. (NOTE: The titles
of all resolutions passed on the Consent Agenda are read following passage.) Printed
copies of resolutions shall be made available at the Council meeting for public inspection.
Resolutions approving property transactions and resolutions adopting the city budgets
require properly advertised public hearings prior to adoption. (SCC Chapter 2.15)
ORDINANCES
RULE 32.
The procedure for ordinances is as follows:
(a) With the exception of emergency ordinances as provided below, no
ordinance may be put to vote on the same day that it is introduced. An ordinance may
be sponsored by the city manager, city clerk, city attorney, one of the boards or
commissions, the mayor or any member of Council. However, no ordinance may be
prepared by staff for presentation to the Council unless ordered by a majority vote of the
Council or requested by the City Manager or prepared by the City Attorney on his own
initiative. Ordinances are generally introduced on the Consent Agenda and are then
carried forward to the next regular meeting for public hearing and a vote on enactment.
The notice of the public hearing must be advertised in a newspaper of local circulation
at least 5 days before the hearing. Prior to opening the hearing, the title of the ordinance
must be read in full. Printed copies of the ordinance shall be made available at the
Council meeting and in the office of the City Clerk prior to the meeting. Following
public hearing, the Council may discuss and consider a vote on enactment of the
ordinance. Ordinances take effect not less than 10 days following enactment. (SCC ~
2.15.015 and ~ 2.15.035 A.)
(b) Emergency Ordinances. No ordinance shall be passed at the same meeting
at which it is introduced unless an emergency is declared to exist by the Council. Any
ordinance declared by the Council as being necessary as an emergency nature for
preserving the public health, welfare and safety must contain a statement of the facts
upon which the emergency finding is based. This exception shall not be employed for
Adopted March 14, 1994 (Resolution No. 94-031)
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the sole reason that the rules for introduction, reading, etc. of legislation are waived to
permit passage on the first reading due to the existence of an emergency. The ordinance
may be enacted, amended and enacted, or rejected at the meeting at which it is
introduced. The affirmative vote of all members present, or the affirmative vote of three-
fourths of the total membership, whichever is less, is required for enactment. The City
Clerk shall print and make available copies of enacted emergency ordinances and provide
for posting and publication as set forth in SCC ~ 2.15.035 D. An emergency ordinance
may not be used to levy taxesj to grant, renew or extend a franchisej or to regulate a
charge for a city service. Emergency ordinances are effective for sixty days.
(c) A Councilmember may, in open session, request of the Presiding Officer
that the Council study the wisdom of enacting a particular ordinance. By affirmative
motion, the Council may assign the proposed ordinance to a specific board or commission
or the committee of the whole for study and consideration. The committee shall report
its findings to the Council.
(d) If a motion to pass an ordinance fails, the ordinance shall be considered lost.
(e) Any ordinance amending or repealing any portion of the Seward City Code
shall also amend or repeal the respective portions of any underlying ordinance(s).
PERMISSION REQUIRED TO ADDRESS THE COUNCIL
RULE 33. Persons other than Councilmembers and management shall be permitted
to address the Council only upon recognition and introduction by the Presiding Officer
as specified in Rule 27.
RECONSIDERATION
RULE 34. (a) A motion to reconsider may be applied to any ordinance, resolution
or action of the Council and has precedence over all motions except the motion to
adjourn. A Councilmember may make a motion to reconsider only if he voted on the
prevailing side on the question to be reconsidered and if he makes the motion to
reconsider on the same day and at the same meeting at which the vote to be
reconsidered was taken or if the Councilmember files a written notice of intent to
reconsider no later than 5:00 p.m. on the first business day following the day on which
the vote was taken. The Councilmember may file by telephone provided that the notice
of intent to reconsider is signed before the motion is reconsidered. A motion for
reconsideration requires a 2/3 vote to carry. If a motion to reconsider a particular
ordinance, resolution or other action fails, a second motion to reconsider the same action
shall not be in order. (SCC ~2.1O.065 E.)
Adopted March 14, 1994 (Resolution No. 94-031)
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(b)
The following motions may not be reconsidered:
(1) A motion which can be renewed within a reasonable time;
(2) an affirmative vote whose provisions have been partly carried out;
(3) An affirmative vote in the nature of a contract when the party to the
contract has been notified of the outcome;
(4) Any vote which has caused something to be done which it is
impossible to undo;
(5) A vote on a motion to reconsider; or
(6) When practically the same result can be obtained by some other
parliamentary motion.
COUNCIL RELA nONS WITH BOARDS, COMMISSIONS AND ADVISORY
COMMITTEES
RULE 35. (a) Generally. All statutory boards and commissions and Council citizen
advisory bodies shall provide the Council with copies of any minutes taken of meetings.
Full agenda packets for each of the Council's statutory boards and commissions shall be
provided to the Council by the City Clerk. At the annual organizational meeting of the
City Council in October, the Mayor shall appoint a Council liaison to the Community
Hospital Board and to any other board(s) as the Council may desire. Currently, there are
three statutory boards appointed by the Council:
(1) Community Hospital Board
(2) Planning and Zoning Commission
(3) Port and Commerce Advisory Board
(b) Appointment procedures. See Rule 38.
(c) Reports to Council. (1) Community Hospital Board. The Council
meets in a quarterly joint work session with the Community Hospital Board. These
meetings are generally conducted during the first week of March, June, September and
December.
Adopted March 14, 1994 (Resolution No. 94-031)
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(2) Planning and Zoning Commission. The Council liaison to the
Planning Commission shall make regular reports to the Council regarding the activities
of the Planning Commission. In addition, the Council shall meet in a joint work session
with the Planning Commission in of each year to discuss any areas of
mutual interest.
(3) Port and Commerce Advisory Board. The Port and Commerce
Advisory Board makes quarterly reports to the Council and must, by Code, report
annually at the first meeting of the fiscal year. Absent an affirmative vote of the Council
at the first meeting of the fiscal year to continue the Board, the Board will dissolve within
30 days.
COMPLAINTS AND SUGGESTIONS TO COUNCIL
RULE 36. When citizen complaints or suggestions are brought before the City Council,
other than for items already on an agenda, the Presiding Officer shall first determine
whether the issue is legislative or administrative in nature and then:
(a) If legislative and if the Council finds such complaint suggests a change to
an ordinance or resolution of the City or the enactment of a new ordinance or resolution,
the Council may refer the matter to a board or commission, the Administration or the
Council of the whole for study and recommendation.
(b) If administrative and a complaint regarding administrative staff
performance, administrative execution or interpretation of legislative policy, or
administrative policy within the authority of the City Manager, the Presiding Officer
should then refer the complaint directly to the City Manager for his review if said
complaint has not been so reviewed. The City Manager shall provide the Council with
a copy of his written response to the complainant.
FILLING COUNCIL VACANCIES
RULE 37. If a vacancy occurs in the office of Councilmember, the Council may elect
some qualified person to fill such vacancy, which person so elected shall hold office until
a successor is elected at the next regular election and properly qualified. In order to fill
the vacancy with the most qualified person available until an election is held, the Council
will widely distribute and publish a notice of the vacancy, the procedure and any
application form for applying. Each applicant will make a presentation to the Council
regarding his qualifications to serve. The Council will then vote and sign ballots
provided by the City Clerk. The City Clerk will read each ballot aloud, will tabulate the
votes and announce the results to the Council. The Council may then, by motion and
voice vote, affirm the appointment of the candidate receiving the highest number of
votes.
Adopted March 14, 1994 (Resolution No. 94-031)
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. FILLING BOARD AND COMMISSION VACANCIES
RULE 38. The City Clerk shall advertise vacancies on the Council's various boards and
commissions no later than 30 days prior to the appointment date and shall forward a
copy of this notice, along with the appropriate application form, to each board or
commission member whose term is about to expire. The Clerk shall include a copy of
each completed application and conflict of interest statement (if applicable) in the Council
packet. Each applicant for a position on a Council-appointed board or commission shall
make a brief presentation to the City Council regarding his or her qualifications and
reasons for wishing to serve. The Clerk shall provide ballots containing the names of all
applicants to the Council. Each Councilmember shall vote a ballot, marking a number
of names totalling the number of vacant seats to be appointed, and shall sign the ballot
in the space provided and shall forward all ballots to the Clerk for counting and
tabulation. The Clerk shall read the votes aloud and announce to the Council the
number of votes cast for each applicant. The Council shall declare the vacancies filled
by those applicants receiving the highest numbers of votes. In the event the number of
applicants equals the number of vacant seats, the Council may move to appoint each of
the applicants to a seat on the board or commission rather than proceeding with the
ballot process.
.
.
COUNCIL TRAVEL
RULE 39. The Council may appropriate funds for Council travel in the Mayor/Council
department of the annual City budget. Any Councilmember who desires to expend
Council travel funds shall complete the regular City Travel Authorization Form available
in the Clerk's Office [Appendix A-2]. Copies of all in-state travel authorization forms
shall be provided to each member of the Council by the Clerk. Requests for out-of-state
travel must be approved in advance by the City Council. Upon his return, the
Councilmember must file all receipts for travel with the City Clerk and must sign a
completed TraveVExpense Report Form [Appendix A-3]. The receipts and reimbursement
form will then be forwarded to the Finance Department for processing, and payment will
be made to the requesting party.
LOBBYING
RULE 40. When necessary to further the city's lobbying efforts in Juneau or elsewhere,
the Mayor shall represent the Council unless, in the opinion of the Council, another
member of the elected body or one of its appointed boards or commissions would better
represent the position of the city with respects to a particular issue. In any case, anyone
representing the city in its lobbying efforts shall present a full report of his trip to the
Council at its next regular meeting. In addition, he shall comply with the provisions of
Rule 36.
Adopted March 14, 1994 (Resolution No. 94-031)
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BUDGET PROCESS
RULE 41. In January of each year, the Council shall meet in a work session with the
City Administration to outline the budget policies and priorities for the upcoming fiscal
year. In accordance with these policies and priorities, the City Manager shall develop
and present to the Council on or before April 1 a proposed budget for the coming fiscal
year. The Council shall schedule work sessions and public hearings as appropriate and
shall make any adjustments it feels are warranted and shall adopt the budgets of the city
prior to June 15.
BOARD OF ADJUSTMENT
RULE 42. The City Council is designated to be the Board of Adjustment for the City
and the Mayor is designated the Chairman of the Board of Adjustments. An appeal
hearing conducted by the Board of Adjustment is held on the basis of the record
established before the commission or other body and the record on appeal. The Council
may allow for oral presentations by the administration and the appellant; however, no
new evidence may be received or considered by the Board of Adjustment hearing the
appeal. (SCC ~ 2.10.080 and ~ 15.10.415)
Adopted March 14, 1994 (Resolution No. 94-031)
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SECTION V - SPECIAL CONSIDERATIONS FOR COUNCILMEMBERS
Elected officials, like employees, may be held liable for what they both say and do,
either individually or collectively. There may be either case law or statutory
responsibility for certain behaviors on the part of elected officials. The following is a
description of the most common legal areas of concern.
CONFLICTS OF INTEREST. There are a number of prohibitions commonly
outlined in the statutes. Whether legally mandated or not, the following guidelines make
sense, from a political, ethical and liability standpoint.
1. Elected officials should not fix their own wages or benefits during their
immediate term of office.
2. Officials should not have a financial interest in, or vote on, a matter where
the elected official's financial interest is especially affected.
3. An elected official should not have a personal financial interest in
contractual matters over which they have any supervisory control.
4. A public officer should not hire his spouse or child as an employee, unless
said spouse or child is employed for unskilled day labor at wages not exceeding $100 in
any calendar month.
APPEARANCE OF FAIRNESS. When governing bodies hold hearings that affect
individual or property rights (quasi-judicial proceedings), they should be governed by the
same strict fairness rules that apply to cases in court. The rule basically states that
hearings must not only be fair, they must appear fair.
OPEN PUBLIC MEETINGS. Public agency actions and deliberations should be
conducted openly, and all persons must be allowed to attend unless "unruly", or
otherwise excluded by law, such as executive sessions, labor negotiations, social
gatherings (unless business is discussed), and certain quasi-judicial proceedings. A
meeting is generally defined as any gathering of two or more governing body members
where city business is discussed.
Meeting places should not be designed to exclude members of the public, and the
time and place of a special meeting must be designated.
Adopted March 14, 1994 (Resolution No. 94-031)
Page 22
.
.
.
City Council Rules of Procedure
EXECUTIVE SESSIONS are defined as that part of a public meeting from which
the public may be excluded. Executive sessions should be part of a regular or special
meeting, should state the purpose for the session with particularity, and are generally
permissible to:
o Discuss matters the immediate knowledge of which would clearly have an
adverse effect upon the finances of the cityj
o Discuss subjects that tend to prejudice the reputation and character of any
person, provided the person may request a public discussionj
o Discuss strategy for the negotiation of labor and other contractsj
o Discuss matters pertaining to threatened or pending litigationj
o Evaluate the performance of the City Attorney, the City Clerk or the City
Managerj
o To deliberate and prepare its findings of facts and conclusions of law
pertaining to an appeal of an action of the Planning and Zoning
Commissionj
o
Discuss other matters which by law, municipal charter or ordinance are
required to be confidential.
The public may be excluded from an executive session, but final action shall not be taken
by the Council on any matter discussed in an executive session until the matter is placed
on the agenda of a public meeting.
Violations of the Open Meetings Act may result in a number of losses to the city,
including:
1. Ordinances, rules, resolutions, regulations, etc. adopted in violation may be
held invalid.
2. Any person may sue to recover the penalty or to stop or prevent violations.
3. A person prevailing against the city may be awarded all costs including
reasonable attorneys' fees.
FREEDOM OF INFORMATION. State and city law allow liberal access to public
records. Public records include any communication, regardless of form, relating to the
conduct of city business. All requests for public information are made through the office
of the City Clerk.
Adopted March 14, 1994 (Resolution No. 94-031)
Page 23
.
.
.
City Council Rules of Procedure
SECTION VI - CHECKLISTS FOR COUNCIL ACTION
There are a number of risk reduction checklists that Councilmembers should use
when considering legislative actions. Legislators, administrators and legal counsel who
draft ordinances and other proposed legislative actions should review the proposed
ordinance, etc. against the appropriate checklists.
EOUAL PROTECTION CHECKLIST:
1. Does the action treat different groups of people differently?
2. If so, by what standard will the classification be judged?
3. Is the classification justifiable under the appropriate standard?
4. Will an ordinance or policy which is neutral on its face have a
discriminatory impact when applied?
5. Does the local government have a sufficient basis in fact in support of the
action and/or classification?
SUBSTANTIVE DUE PROCESS CHECKLIST:
1.
action?
Does the City have a legitimate goal in pursuing its proposed course of
2. What is the nature of the "right" being affected by the agency's decision?
3. Is it a right which is deemed to be fundamental? If so, does the agency have
a compelling interest for taking the action?
4. If a fundamental right is involved, is there another, less drastic way for the
local government to achieve its goal which will create less interference with the
constitutional right?
5. If it is an economic, social or business regulation, is there a rational
relationship between the regulation and the governmental goal?
6. Does the regulation create an irrebuttable presumption?
Adopted March 14, 1994 (Resolution No. 94-031)
Page 24
.
.
.
City Council Rules of Procedure
PROCEDURAL DUE PROCESS CHECKLIST:
1. Will the proposed action or ordinance deprive a person of a "liberty" or
"property" interest?
2. If so, has that person been afforded due process?
3. Has the person been given notice?
4. Has the person been given an opportunity to be heard?
5. Has the person been given a statement of reasons for the agency's decision?
6. Has the local government complied with applicable statutory, ordinance or
contract provisions requiring due process?
7. Does an ordinance give sufficient notice to persons of its requirements?
8. Are the terms used in an ordinance defined?
9. Does the ordinance provide clear standards for the conduct of the officials
who must enforce it?
DUE PROCESS CHECKLIST - LICENSES AND PERMITS:
1. Is there an ordinance dealing with the granting or revocation of the license
or permit?
2. Is the ordinance clear and unambiguous?
3. Has the applicant for a license or permit been given reasonable information
as to the items which he must submit to the agency prior to issuance?
4. Does the local government have the authority to legislate in the area for
which the license or permit is to be granted?
5. Are the requirements for issuance of a license or permit reasonable and
have they been consistently applied?
6. Do the items required prior to the issuance of a license or permit bear some
reasonable relationship to the activity to be allowed?
7. Has the local government sought to limit the number of persons who can
receive the license or permit?
Adopted March 14, 1994 (Resolution No. 94-031)
Page 25
.
.
.
City Council Rules of Procedure
8. If there is a limitation in the number of persons who may receive the license
or permit, is there statutory authority for such a limitation?
9. Has an applicant for a license or permit been given an opportunity to have
a hearing if the granting of a license or permit has been denied?
10. Has a hearing been held prior to the suspension or revocation of an existing
license or permit?
11. If in an area with a limited number of licenses or permits, can the agency
present a reason for the reduction, and has the identity of the business which will lose
its license or permit been determined in a non-discriminatory manner?
12. Is the refusal to issue, or revocation of, the license or permit justified, or
solely in response to public pressure?
13. Has the inspection or regulatory system of the agency been enforced in a
non-discriminatory manner, or is the person being singled out for enforcement?
14. Do the fees charged for licenses and permits bear a reasonable relation to
the cost of enforcement?
DUE PROCESS CHECKLIST - ZONING:
1. Does the city have a zoning ordinance and amendments thereto which have
been adopted in a procedurally correct manner?
2. Where the city seeks to enforce its zoning ordinance, are the pertinent
provisions clear and unambiguous?
3.
manner?
Is the agency interpreting and applying its zoning ordinance in a consistent
4. Is the city considering amending its zoning ordinance in a way which
would only be applicable to a single piece of property where other properties within the
community have the same characteristics?
5. Has the agency complied with any "Open Meetings Act" and other
applicable requirements?
6. Where the rezone request originates with other than the property owner,
was specific written notice given to the property owner of the hearings and pendency
of the proposed zoning change?
Adopted March 14, 1994 (Resolution No. 94-031)
Page 26
.
.
.
City Council Rules of Procedure
7. Has the local government taken and retained thorough minutes of meetings
of the Planning Commission, Board of Architectural Review, Board of Adjustment,
Appeals Board, and governing body, etc.?
8. Have all proper public hearings, with properly published notice, been held
prior to adoption?
9. Has the city denied a zoning change solely in order to lessen competition
for existing business?
10. Has the city permitted objectors to the proposed zoning to present their
evidence, including the presentation of the witnesses and the cross-examination of the
witnesses of the applicant?
11. Has the city denied a request for a zoning change based merely upon the
objection of neighboring property owners with no other justifiable findings of fact?
12. If covenants, conditions, renderings, etc. are included as part of an approval,
have those covenants, etc. been specifically incorporated in the ordinance, resolution or
motion?
"TAKING" (INVERSE CONDEMNATION) CHECKLIST:
1. Is the regulation of property being done in order to advance a legitimate
public interest?
2. Will a particular regulation deprive a property owner of every economically
viable use of his property?
3. Has the property owner taken actions such as expenditure of funds in
reliance upon a municipal action, such as granting of a building or utility permit?
4. Does the City action constitute a physical intrusion on the property?
5. Have the officials compiled a sufficient record setting forth the reasons for
the action?
6. Is there a less intrusive way of achieving the same goal?
Adopted March 14, 1994 (Resolution No. 94-031)
Page 27
.
.
.
City Council Rules of Procedure
GENERAL ORDINANCE ADOPTION CHECKLIST:
1. Have all the statutory or local procedural requirements been followed?
2. Is the ordinance a subject upon which the City has Federal or State
constitutional or statutory authority to act?
3. As drafted, does the ordinance treat all similarly situated persons in the
same way?
4. Are the terms of the ordinance clear enough so that people do not have to
guess at its meaning?
5.
with it?
Does the ordinance clearly state what a person must do in order to comply
6.
Does the ordinance define special or broad terms which it uses?
7. Does the ordinance set sufficient standards for the officials who must
enforce it, or does it give the enforcing agent too much discretion in making a decision
whether or not to do something?
8. Does the ordinance require that notice or hearing be given to a person
whose rights are affected by it?
9. Does the ordinance require the official who is making a decision under it
to give notice of that decision and the reasons for it within a reasonable time?
10. Can the local government achieve its goal by using a less restrictive or
intrusive means?
11. Do the ordinance provisions constitute a "prior restraint" on a person's First
Amendment rights?
12. Has the agency created an adequate record or compiled sufficient evidence
in order to support its findings and conclusions for enacting the ordinance?
13. Is the ordinance too broad?
14. Does the ordinance so heavily burden a person's use of his property that
it might be considered a taking?
15. If an ordinance is changing an existing local regulation, does it give persons
a reasonable amount of time to comply with the changes?
Adopted March 14, 1994 (Resolution No. 94-031)
Page 28
.
.
.
City Council Rules of Procedure
16. Have the Attorney and Risk Manager been consulted before taking action
which might result in claims against the agency or litigation?
17. Have similar ordinances been upheld elsewhere?
18. If an ordinance is challenged, would you consider suspending it pending
a judicial determination?
Adopted March 14, 1994 (Resolution No. 94-031)
Page 29
.
.
.
City of Seward, Alaska
COUNCIL REQUEST FOR LEGAL SERVICES*
COlJNClLMEMBER
DATE OF REQUEST:
DATE RESPONSE REQu1RED:
SUBJECT MATTER
DATE RECEIVED BY CLERK:
CLERK'S INITIALS:
FAXED TO ATTORNEY BY:
DATE:
ATTORNEY RESPONSE:
ESTIMATE OF FULL RESEARCHlRESPONSETIME AND EXPENSE (if necessary):
ATTORNEY:
DATE:
,. Submittal of this legal infonnation request is predicated on the understanding between the
city of Seward and Wohlfarth, Argetsinger, Johnson and Brecht that no charges for responding to
this inquiry will be payable by the city unless the estimate portion is completed and fonnal
authorization to incur legal research expenses is provided by the City Clerk.
Avvendix A-I
,
CITY OF SEWARD
TRAVEL AUTHORIZATION
DATE
ITINERARY
TRANSPORTATION ----- $
LODGING----------- $
MEALS.------------ $
REGISTRATION FEES $
CAR RENTAL---------$
(DO NOT WRITE IN THIS SPACE)
OTHER-------------$
_~1'
TOTAL-------------*:-V~~;ti",~\0
ADVANCE REQUIRED. $
SUBMIT CHECK REQUEST FOR ADVANCE
COMPLETE TRAVEL AND OTHER EXPEN$EVOUCHERS; ATTACH SUPPORTING DOCUMENTS AND SUBMIT TO FINANCE
WITHIN 30 DAYS OF YOUR RETURN TO SEWARD. OR AU MONIES ADVANCED TO YOU WILL ae DeDUCTED FROM YOUR
NEXT PAYROLL CHECK.
AMOUNT BUDGETED
UNENCUMBERED AMOUNT BUDGETED
AFTER THIS ENCUMBRANCE
FUNDS VERIFIED
(FINANCE)
DEPARTMENT EXP. CODE
AMOUNT
FUND
I I I I I I I I I I I I
.PLOYEE'S SIGNATURE
CITY MANAGER
FINANCE COPY
DEPARTMENT HEAD
Apvendix A-2
~.
Name: Purpose of Trip:
Destination: ** Mileage allowance: cents/mile
Date Description Mileage Meals Lodging Other
Total I of miles: -- -- --
; TOTALS: ..--
Finance Approval =
CITY OF SEWARD
Travel/Expense Report
ACCOUNTING DISTRIBUTION
Fund Dept Account Project AmoUnt:
-- -$ -- -
.
$ .
$ .
Total Claim $
Less Advance $ -
B'alance Due (or) $
Refund Due City=- $
Schedule of expenses claimed tor travel and other duties performed in
connection with the city of Seward business. I certify that the above
expenses were incurred by me, for the City of Seward, and that payment has
not been previously received'by me and no previous claim for these expenses
has been submitted.
Date
Department Head Approval
Signature of Claimant
City Manager Approval
** TRAVEL AUTHORIZATION-MOST HAVE BEEN FILED PRIOR TO TRAVEL FOR REIMBURSEMENT.
PLEASE ATTACH ALL RECEIPTS-.
VENDOR NO:
VOUCHER NO:
AtJPendix A-3
.
.
.
Deals tactfully, courteously and efficiently with the public
Knows how to pace self
Engages in activities to promote own professional growth and develop-
ment
Develops and implements plans to meet department objectives and
organizes available resources to achieve those objectives
Judgments, actions and decisions are sound
Expresses ideas effectively, both orally and in writing
Analyzes and prepares meaningful reports for Council's review
Takes the initiative to establish new programs or procedures without
prompting
SECTION II.
Directions Please complete the following. Attach additional sheets if necessary.
City Clerk Weaknesses
City Clerk Strengths
What degree of confidence do you have in the City Clerk from all aspects of her
performance and her relationship to you as a City Councilmember?
Appendix A-4
City of Seward, Alaska
City Clerk Evaluation Fonn
Name
Date
Date of last evaluation
SECTION I.
Directions Circle the response that best reflects your personal observation with regards to each
of the following. Note: 5 = Superior perfonnance, 4 = Above average perfor-
mance, 3 = Average perfonnance, 2 = Below average perfonnance, and 1 =
Unacceptable perfonnance.
Prepares carefully for Council meetings
Provides ample information to enable Council to make decisions
Is responsive to concerns of CounciImembers
Answers CounciImembers' questions promptly
Handles media relations skillfully
Follows up promptly on requests from Council
Keeps Council fully informed about city operations
Delegates responsibility and authority to subordinates
Implements and supports city policies fully
Interprets Council policies to staff
Prepares departmental budgets (Clerk and Council) and effectively
explains and defends budgets to Council
Advises the Council on need for new and/or revised policies and
procedures
Is adept in personnel management
Conducts employee relations skillfully
Is knowledgeable and up-to-date in legislative process and municipal
law, trends and developments
Is effective in short and long range planning
Anticipates problems and is effective in preventive actions
Maintains good relations with local government leaders
Is effective in working with state legislative leaders
Is effective in working with local leaders
Avpendix A-4
.
.
.
Signature of Evaluators:
Signature of City Clerk
[This report has been reviewed with me and
I have been provided a copy.]
Apvendix A-4
I
Chart of Precedence of Motions
Ma, Interrupt Requlrea
a .pelllle" a Second D~batabla Vote Requlrad Amendable
Privileged Motion
1. To fix tlma at wl1lel1 to adjourn' : No Va. ' No Majorit, Ves
2. To adjourn(unquallflad) , ' , .. No Va.- No Majority No
" 3. To taka areca.. , No Va.. 'No Majarity Vas
, I, 4. To rl.a to aqua.tlon of prlvllega " Vas No" 'No el1air Rules No
.
, , 5. To call for tl1. ord.r. of tl1a day Va. No, ' No Damand No
,
,
SUbaldlar, Motion.
" 8. To lay on tl1a _tibia ,No Va.. iNo Majority No
, 7. To call for tha pravlou. qua.tion No Va. ' No 213 No
'! 8. To limit, or axtand limit., of ~abata No Va. No 213 Vas
9. To po.tpona daflnltaly ., ".No Va. ,Va. Majority Va.
10. To rafar to a commlttaa r ~ No Va. ,Va. Mljorlty Vas
11. Toamand , No, Va. Va. Mljority Va.
12. To po.tpona Indaflnltaly (kill. main motion) No Va. ,Va. Majority Alflrmativa Only
lleln Motion
" ! 13. Ganarll main motion. No Va. ,Va. Majority Va.
,
Bring Back Motion. .
14. To taka from tha tabla .' ,No Va. i No Majority No
,
15. To racon.ldar .- No, Va. iVas Majority No
. , 18. To racon.ldar and antar on iha mlnuta. No." ' Va'i \.No. None unlll callad for No
1
" 17_ To rasclnd No Va. ,Ves 2/3 No
,
18. To ralify No Ves :Ves Majority Ves
;
'when called up
.
.
.
City of Seward, Alaska
City Attorney Evaluation
Attorney's Name:
Rate each question or item below using the following rating scale:
Date:
Excellent = 5
Above Average = 4
Average = 3
Below Average = 2
Poor = 1
No Rating = NR
Use the lines following each question or item to record comments regarding that question or item.
1.
How well does the attorney work as part of the
executive team?
2.
How well does the attorney temper and balance legal
approaches and restrictions with reality and service
needs?
3.
How effectively does the attorney help guide the
Council and staff with solutions and alternatives to
legal problems and issues?
4.
Does the attorney provide adequate responses to
Council questions at Council meetings?
5.
How well does the attorney interact with staff at all
levels?
Page 1
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
Apvendix A-5
\
\
\
I
\
..
AcHon tor spec' a' purposes
Kind of Motion' Obllct EUlet
To cali 10f a dl"i,iori (a) O.I.nnin. Ih. acc:;uracy $acufe, an accurat. cheek
01 a voice 'lot. on '10'.
Ib) secure .,pf."ion 01
; Individual mamb.r', 'lot.
To mak.. requ.,t I To ,eeUfe intofma'loR Provide' Inlofm~tlon
OfOWinO out 01 i Of a'" to be e.cu,ed
pendinO bu,ine" \ Irom a duty
To tis the \lI'R8 a' To have lellal continuation set, dellnit. continualion
which '0 adjourn ~ 01 the meetlnll time
,
To ,aU a fSC." .. To ,acufe an lnl8l'mi"ion oatay' action
To ,fal,. a qu.,tiOn i To COffacl uncle,lfabla COffac" undeal.-b1.
01 ptivlleo. ! condl'iOn' condition
.
To call \of the ord8f: To aacUt. adhef.nce to Sa- aa ob\8c'
01 the day tha Ofdef 01 bualne"
8fl". 8110" lIo'to"e
To taM ,'~ I'" tab)e continue the con,ldefa'lon conllnuea conald8fat\On 01
. 01 the queatlon qu.allon
To ,econa\Cttr.IPI'I-. a To facon,ider the question geC*fea lurthar conalderatlon
_mbef 01 the pfevllli- and anoth8f vote on the
Ino aide may ",eU i ..atlon
this motion.) ~ I
To fSCon,ider.nd IIeve To reconaidef the ques'lon seCUf.S lurther con,lderation
entefed on tb8 ",lnu,," at the ne" ",..tlnO. and anoth.r vole on the
(Only a membar 01 ",e Re<tU"es a ",a\OfllY vote queatlon
",e"alilnO akle may . to pa.. the motion.
",a"e t"l, motion.)
To fe,cind. II still To rep.al action previoUSly Same a' obiect
repairable taken. Require, e twO' third'
majorilY without notice and
a simple maiorilY with notice.
.-.,
To ralily 10 appro"e pre"ious Same as ~I i
aclion laken
-
Act'on tor Specie,Purposes
Iund of MOtion Oblect Enect
Tolay on the table Cleaf ,M. "OOf IOf ' Oel'Y' aclion
ll\Ofe UfgeRt bU,~a.
To call tOf ,he ; $aCUfe Im",edla'e lIOta Enda debale
pr."loua qua,llon on pendlnO que'l~n
pro"ides more Of leal ~,
To IIml' Of ..lend ,. ~~nsorleng'hens
lime tof debSle 11_ tOf dlscus,lon dlJOUlllon peflod
.
To postpone ; OIlen 01"" mofe ,,,,,. DeI.ya 8Iltjon
delinllely tof InfOfmal di,cua,1on
(to a c.rt.in ti_) and \of S8llUtlno lottoW8fa
To enable mOf. cef.1uI DeI.ya ac:t\On ,
"0 colllmlt or felef "
con~ra\lon \0 be ol.,en
To am.nd To I",,,,ove ,h. ",ollon Changea the orlolnal motion
. To postpone To ",.vent a 110'. on suppr..... the qu.atlon
lndelinl,ely the que.tion
To rail. a point 01 To cali ,,,.n,lon Iq. I(.eep' OfOUP lunc:tlon1nO
Of~ "ialationa 01 fule' . accofdlnO \0 petllamentafY
ptOGeduf.'
T Q appeat If 0'" the i To dil8f1nlne the .,t\tlIde seCUf.' f1111nO 01 the O,OllP
decision at the chelf. at tha 'fOUP on the r.thef than bY the c;ha"
. fulinO ",ade by the chatr
To au.pend the fule~ >. ,. 0 pe,,,,I' action no' secufa, 8Iltlon th.' would
po.aIble under the ,uIe' o'hel'Wl.e be pf..,ented by
, thaflllea .
To ob\8Cl \0 the conaid', Pra.,en' ..a''''' tll!le on. su.......~ the motion
efallon 01 . que.'lon unl!!lporUinl bu~lI""
To divide the ques'lon " SeCUf. mOfe c...luI $acure, 8Il11on by par's
consiclera'lon 01 par"
To nondnate SUIlOes' names tOf ollice Place' balore ,he oroup
nem.' lor con,ideralion
10 adjOUf'R End 01 meetinll Adjourns Ihe me.tlnll
l
-
.
.
.
City Attorney Evaluation
City of Seward, Alaska
6.
7.
8.
9.
Does the attorney appear to "get things done"?
How effective is the attorney in retaining the Council's
and staff's confidence while informing them of the
upside and downside legal risks that proposed actions
might generate?
Does the attorney maintain good press relations?
How well does the attorney communicate with a wide
range of persons including citizens, Councilmembers,
city staff and other attorneys?
10.
How well does the attorney work with various citizens
and community groups in both controversial and
noncontroversial situations?
11.
How visible is the attorney in the community as a
representative of Council policy?
12.
Does the attorney represent the city to the public in a
positive light?
Page 2
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
Apvendix A-5
City Attorney Evaluation
City of Seward, Alaska
13.
14.
15.
How responsive is the attorney and does he provide
answers to questions in a timely fashion and in an
understandable manner?
How well does the attorney keep abreast of the
changes occurring in the various facets of municipal
law?
How well does the attorney keep the Council and staff
advised of developments in municipal law and actions
in other communities and jurisdictions that may have
an impact on the city's activities?
16.
Does the attorney maintain effective communications
with the Council and provide a good system of report-
ing the activities of the legal department?
17.
How effectively does the attorney implement Council
policy?
Rate the following areas of performance:
18.
Attendance at meetings as required by Council
19.
Preparedness for agenda items
Page 3
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
Avvendix A-5
.
.
.
City Attorney Evaluation
City of Seward, Alaska
Other Comments:
This evaluation was discussed with the City Attorney on
Mayor
City Attorney
Page 5
Avvendix A-S
City Attorney Evaluation
City of Seward, Alaska
20.
21.
22.
23.
24.
25.
Cost control
Translation of legal terms into layman's terms
Anticipation of legal questions
Council confidence in attorney's advice
Staff confidence in attorney's advice
Public confidence in attorney's advice
26.
Litigation (excessive, unnecessary, successful?)
27.
Written communication skills
28.
Public speaking skills
29.
Assess responsiveness to concerns expressed by Coun-
cil in the most recent evaluation
Page 4
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
5 4 3 2 1 NR
Al1t1endix A-S
.
.
.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-031
A TrEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
-Y~<'2r~ .~kwAADQf~~
Linda S. Murphy, CMC/ E
City Clerk
~r~
City Attorney
(City Seal)