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HomeMy WebLinkAboutOrd1980-482 ll25/80 CEJ:JES:jes . . . . etroduced By: City Manager Introduction Date: 02/12/80 Public Hearing and Enactment: 03/24/80 CITY OF SEWARD, ALASKA ORDINANCE NO. 482 AN ORDINANCE RELATING TO THE CITY ADMINISTRATION, REPEALING SECTIONS 2-8 THROUGH 2-29 AND CREATING SECTIONS 2.20.010 THROUGH 2.20.190 OF THE SEWARD CITY CODE THE CITY OF SEWARD, ALASKA, ORDAINS: Sec tion hereby repealed. through 2.20.190 1. Sections 2-8 through 2-29 of the Seward City Code are There is hereby created Seward City Code Sections 2.20.010 to read as follows: SECTION 2.20 CITY COUNCIL Sec. 2.20.010 Eligibility for elective City office. (a) To be eligible to file a nominating petition for election to a City office a person shall be an elector of the City and shall have been a resident of the City or of the territory annexed to the City, or shall have a combination of residence in the City and in the annexeq territory, for a period of not less than one year preceding the date of the filing of such petition. (b) A person appointed to fill a vacancy in an elective office must have such qualifications at the time of his appointment. (c) The Council shall be the judge of the election and quali- fications of its members. Sec. 2.20.020 Election of mayor and Council. The mayor shall be elected by direct vote of the qualified electors biannually in odd number years at the general municipal election held on the first Tuesday of October of said year, for a term of two years, holding office until his term has expired and his successor is elected and qualified. At the general election there shall also be elected annually three members of the City Council, each to serve for a term of two years. Sec. 2.20.030 Organization of Council; election of Borough assemblyman and vice-mayor. (a) The City Council shall meet and organize on the first Monday following each regular City election. (b) The Council shall elect one of its members as Borough assemblyman on the first Monday following each regular City election. . . . . . City of Seward, Alaska Ordinance No. 482 Page Two Sec. 2.20.030 (cont'd) Council shall of the mayor; (d) Within thirty days of its first regular meeting, the elect one of its members to act as vice-mayor in the absence the mayor shall make all appointments as required of him. Sec. 2.20.040 Duties of mayor, vice-mayor, acting mayor. (a) Mayor - The mayor shall possess all powers and shall exercise all duties required of him by law or the City Council. He shall be presiding officer of the Council. He shall be a member of the Council with all powers and duties of that office. (b) Vice-mayor - In the absence of the mayor, the vice- mayor shall possess all the powers of the mayor. He shall possess all duties provided for or required of him by law or the City Council. (c) Acting mayor - In the absence of the mayor and the vice- mayor, and if a quorum shall be present, the Council shall choose one of its members acting mayor for that session or until the appearance of the mayor or vice-mayor. He shall possess all duties provided for or required of him by law or the City Council. Sec. 2.20.050 Meetings. (a) Regular meetings - The regular meetings of the City Council shall be held in the Council Chambers in the Seward Municipal Building, located at the corner of Fifth and Adams, on the second and fourth Mondays of each month, at 7:30 p.m.; provided, that when the day fixed falls upon a day designated by law as a legal holiday, such meeting shall be held on a day set by Council. (b) Special meetings - Special meetings may be called by the city clerk on written request of the mayor, city manager or of any two members of the City Council. Upon request being received, the city clerk shall give due and proper notice to the mayor, city manager and to each councilmember. At least six hours written notice shall be given, designating the time and purpose of the special meeting. Such notice shall be served personally on each member of the Council, or left at his usual place of business or residence, by the city clerk or by someone designated by him. A copy of such notice shall also be delivered to the place of business of each newspaper printed and published in the City and each radio station, but this requirement shall not be jurisdictional to the holding of such meetings. No business shall be trans- acted at any special meeting of the Council except that stated in the notice of the meeting. Special meetings shallbe held at the regular meeting place of the Council. (c) Emergency meetings - In an emergency, any special meeting shall be a legal meeting if all members are present or if there be a quorum present and all absent members have waived the required notice in writing. Waivers may be before or after the time of the meeting. . . . . . City of Seward, Alaska Ordinance No. 482 Page Three Sec. 2.20.050 (cont'd) (d) Public meetings - All regular and special meetings of the City Council shall be public meetings and the public shall have a reasonable opportunity to be heard. (e) Executive sessions - Council may, after its agenda is otherwise completed, recess for the purpose of discussing in closed or executive session any question permitted by law which is expressed in a motion calling for the executive session. Those matters which may be discussed in an executive session are (1) matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the government unit; (2) subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion; and (3) 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. (f) Study sessions - Upon written request of the mayor, or of the city manager, or of any two members of the City Council, Council may hold study sessions for the purposes of planning, studying, discussing any question permitted by law, for the best interests of the City. The public may be excluded from the session but final action shall not be taken by the Council on any matters discussed in the study session until the matter is placed on the agenda. Such meetings shall be held in the regular meeting place of the Council. (g) Adjournment - The Council may adjourn any of its regular or adjourned sessions to a time not beyond the next regular meeting; and the city clerk shall publish the time and date to which adjourned in the best manner. Sec. 2.20.060 Voting - sequence, procedure, conflicts of interest. (a) The voting sequence of the Council shall be alternated for each meeting by the city clerk. (b) Any vote of the Council may be by voice vote upon demand of any member, either prior or subsequent to any vote. Such vote shall be by roll call. Each member shall answer by the word "yes" or "no". (c) No member of the Council may vote on any question upon which he has a substantial, direct or indirect, financial interest. Otherwise, each memb2r of the Council shall vote on each question before the Council for determination unless excused therefrom by the affirmative vote of all remaining members able to vote on the question. If a question is raised under this section at any Council meeting, such question shall be determined before the main question shall be voted on but the councilmember affected may not vote upon such determination. . . . City of Seward, Alaska Ordinance No. 482 Page Four Sec. 2.20.070 . . Quorum - Maj or i ty . (a) Four members of the City Council shall be 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. (b) The vote of at least four members shall be required for official action by the Council, unless a larger majority is required by law. Sec. 2.20.080 Methods of action. Legislative action shall be taken by the Council only by means of an ordinance or resolution. Sec. 2.20.090 Vacancy on Council. In the event any member of the City Council departs from the City with the intent of remaining absent for more than ninety days, or shall have failed to attend the meetings of the Council for a period of ninety consecutive days, or shall have attended less than five of the meetings of the Council during any continuous period of five months, the Council may declare the office of such member vacant. A vacancy may also be created by the resignation of any member in writing duly accepted by the Council, or by the death of any member, or by his removal from office by a court of competent jurisdiction, or if he shall fail after his election to qualify within ninety days after such election. Whenever a vacancy occurs on the Council, the remaining members of the Council may elect some qualified person to fill such vacancy, which person so elected shall hold office until a successor be elected at the next annual election and properly qualified. Sec. 2.20.100 Agenda. (a) The order of business for the regular meetings of the City Council shall be as follows: I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. Call to Order Opening Ceremony Roll Call Approval of Minutes Approval of Consent Calendar and Regular Meeting Agenda Borongh Assembly Report Public Hearings Citizens' Discussion (with prior notice only) Ordinances and Resolutions Unfinished Business New Business City Manager Reports Council Discussion Citizens' Discussion Adj ournmen t City of Seward, Alaska Ordinance No. 482 Page Five Sec. 2.20.100 (cont'd) (b) Consent Calendar - Those items on the Council agenda which are considered routine by the city manager and city clerk shall be listed under that portion of the agenda entitled "Consent Calendar". 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 in a specific order on the regular agenda, these items so designated shall be approved, adopted, accepted, etc. by motion of the Council and roll call vote under "V. Approval of Consent Calendar and Regular Meeting Agenda". Those items so approved under the consent calendar shall appear in the Council minutes as if acted upon individually. (c) The presiding officer may at any time permit a member to introduce an ordinance, a resolution or a motion out of the regular order, provided that five members consent. (d) All reports, ordinances, resolutions, contracts, documents or other matters to be submitted to the Council at the regular meeting shall be submitted to the city clerk not later than 12:00 Noon on the Wednesday preceding the Monday meeting. The city clerk shall prepare the agenda for all such matters according to the order of business, numbering each item consecutively. A complete copy of such agenda shall be mailed or delivered to each councilmember and each department head so as to reach the recipient not later than 7:00 p.m. on the Saturday preceding the Council meeting. The agenda shall be available to the public in the office of the city clerk at 9:00 a.m. on the day of the Council meeting and in the Council Chambers during each meeting. (e) No matters other than those on the agenda shall 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. Sec. 2.20.110 Minutes. (a) The minutes of the Council shall be kept by the city clerk and shall be neatly typewritten in a book kept for that purpose with a record of each particular type of business transaction set off in paragraphs, with proper subheads; provided, that the city clerk shall be required to make a record only of such business as was actually passed upon by a vote of the Council and shall not be required to make a verbatim transcript of the proceedings; provided further, that a record should be made of the names and addresses of the persons addressing the Council, the title and the subject matter to which the remarks related and whether they spoke in support of or in opposition to the subject matters. Provided, however, that any councilmember may request that his remarks on any subject be recorded in the minutes verbatim as a matter of public record. (b) Unless the reading of the minutes of a Council meeting is requested by the majority of the Council, such minutes may be approved without reading if the clerk has previously furnished each councilmember with a copy thereof. . . . . . City of Seward, Alaska Ordinance No. 482 Page Six Sec. 2.20.120 Rules of debate. (a) Robert's Rules of Order - Robert's Rules of Order shall be used as the authority on all questions of parliamentary law. These rules may be amended or altered or new rules adopted by the vote of Council at any meeting of Council. (b) Presiding officer may debate and vote - The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all councilmembers, and shall not be deprived of any of the rights and privileges of a council- member by reason of his acting as presiding officer. (c) Getting the floor; improper references to be avoided - Every councilmember desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all improper language and references to personalities. (d) Interruptions - A councilmember, once recognized, shall not be interrupted in speaking unless it be to call him to order or as herein otherwise provided. If a councilmember, while speaking, is called to order, he shall cease speaking until the question of order be determined and, if in order, he shall be permitted to proceed. Sec. 2.20.130 Addressing the Council by the public. (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 five minutes. 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. (b) Public hearings - Interested persons or their authorized representatives may address the Council in regard to matters then under con- sideration. (c) Citizens' Discussion - Taxpayers or residents of the City or their authorized legal representatives may address the Council by oral communications on any matter concerning the City's business, or any matter over which the Council has control; provided, that preference shall be given to those persons who may in advance have given notice to the city clerk of their desire to speak, setting forth the nature of their communication, in order that the same may have appeared on the agenda of the Council. . . . . . City of Seward, Alaska Ordinance No. 482 Page Seven Sec. 2.20.130 (cont'd) (d) 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. Sec. 2.20.140 Decorum. (a) By councilmembers - When the Council is in session, the councilmembers must preserve order and decorum and no councilrnember shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any councilmember while speaking, nor refuse to obey the orders of the Councilor the person presiding. (b) By other persons - Any person making personal, impertinent or slanderous remarks, or who shall become boisterous while addressing the Council, shall be forthwith, by the presiding officer, barred from further audience at the meeting before the Council, unless permission to continue be granted by a majority vote of the Council. (c) Enforcement - The Chief of Police shall be ex officio sergeant-at-arms of the Council. He shall carry out all orders and instructions given him by the presiding officer for the purpose of maintaining order and decorum in the Council Chambers. Any person in the audience who uses loud, boisterous or profane language at a Council meeting, or language tending to bring the Councilor any councilmember into contempt, or any person who per- sistently interrupts the proceedings of the Councilor refuses to keep quite or take a seat when ordered to do so by the presiding officer, shall be deemed guilty of a misdemeanor. Upon instruction from the presiding officer, it shall be the duty of any police officer present to eject any person from the Council Chambers, or place him under arrest, or both. Sec. 2.20.150 Council representation on Borough Assembly. (a) The representative of the City on the Borough Assembly shall be elected from among the members of the Council by a majority vote of the Council. The term of the person elected shall be for one year, or until the Council organizational meeting following the next succeeding general muni- cipal election, whichever shall first occur, at which time the Council shall again elect by a majority vote of the Council a member to serve on the Borough Assembly, for a one-year term. (b) In the event of a vacancy in the office of the City representative on the Borough Assembly, the Council shall elect from its membership, within fifteen days, a successor who shall serve the remainder of the one-year term. . . . . . City of Seward, Alaska Ordinance No. 482 Page Eight Sec. 2.20.160 Council as Board of Adjustments. The City Council is designated to be the Board of Adjustments for the City. The mayor shall act as chairman. Sec. 2.20.170 Council as Canvassing Board. The City Council is designated to be the Canvassing Board for all City elections. The mayor shall act as chairman. Sec. 2.20.180 Interference in administrative service prohibited. None of the City Council, nor any of its committees or members, shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager, nor in any manner interfere with the city manager to prevent him from exercising his own judgment in the appointment of officers and employees in the adminis- trative service. The Council and its members shall deal with the administrative service solely through the city manager and neither the Council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. Sec. 2.20.190 Processing of Council mail by the City Clerk. The city clerk is authorized to receive and open all mail addressed to the City Council, with a copy of all correspondence needing action to 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 councilmanic action may be disposed of between Council meetings; provided, that all action taken pursuant to such communi- cations shall be reported to the City Council thereafter. Any communications 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, and copies of such communications shall be mailed to the Council. Section 2. This ordinance takes effect ten days after enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 24th day of March , 1980. CITY OF SEWARD, ALASKA Mayor for: . . . . . City of Seward, Alaska Ordinance No. 482 Page Nine AYES: NOES: ABSENT: CAMPBELL, CRIPPS, GILLESPIE, LEER, SORIANO AND SWARTZ NONE HUGLI ATTEST: APPROVED AS TO FORM: /' CRANSTON, WALTERS, DAHL & JARRELL Attorneys for the City of Seward, Alaska \" ~r ..4/ 410~AI/J-- Ranald H. Jarrell (!fl (City Seal)