HomeMy WebLinkAboutOrd2019-001 Sponsored by: City Clerk
Introduction Date: January 14, 2019
Public Hearing Date: January 28,2019
Enactment Date: January 28, 2019
CITY OF SEWARD,ALASKA
ORDINANCE 2019-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING CITY CODE TITLE 2 TO UPDATE SUFFICIENT
NOTICE OF MEETING AND CITY COUNCIL VOTING PROCEDURE
WHEREAS, on December 10, 2018, the Seward City Council held a work session to
review the City Council Rules of Procedures, and as a result, there were two areas of City Code
identified that need updating; and
WHEREAS, one item relating to the practice of providing notice of a special meeting
will be updated to accommodate a more modern approach of using e-mail as a delivery method;
and
WHEREAS, another item to be addressed is a discrepancy between the Charter versus
the City Code as it relates to council's voting procedures;the Charter prohibits a member of City
Council to abstain from voting on any agenda item, save for when the Council Member declares
a potential conflict of interest and is ruled to have "a substantial direct or indirect fmancial
interest'; and
WHEREAS, City Code is being updated in Section 2.10.032 — Notice of Meeting to
more accurately reflect current procedure, and Section 2.10.035 - Voting to uphold the Charter
language and intent.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code TITLE 2 — ADMINISTRATION is hereby amended as
follows:
(Deletions are Bold S ikct oughs;Additions are Bold Italics.)
2.10.032 -Notice of meeting.
The city clerk shall give at least twenty-four hours' written notice to the mayor, city
manager, and to each councilmember of all special meetings and work sessions, designating the
time, location and purpose of the 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. Notice delivered via e-
CITY OF SEWARD, ALASKA
ORDINANCE 2019-001
mail and/or telephonically to media, each Council Member, and the City Manager, and posted
in three public places at least 24 hours prior to the meeting, shall suffice as proper notice.
2.10.035 - 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
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word "yes" or "no." . . , . , . . .. . .. ,
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•
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(c) No member of the council may discuss or vote on any question in which the member has a
direct or indirect substantial financial interest. Direct or indirect financial interest shall be
disclosed to the presiding officer prior to the beginning of debate on the question for a ruling
on a request from the member with the financial interest to be excused from the discussion
and vote. The decision of the presiding officer on a request by a member of the city council
to be excused from discussion and a vote may be overridden by the majority vote of the
council. If there are not at least four councilmembers in attendance who are qualified to
vote, the matter shall be tabled until the next regular or special meeting at which four
councilmembers qualified to vote on the matter are in attendance.
(d) A municipal employee or official, other than a member of the city council, may not
participate in an official action in which the employee or official has a substantial financial
interest.
Section 3. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 28th day of January, 2019.
THE CITY OF SEWARD, ALASKA
114111
David Squires, yor
AYES: Towsley, Lane, Seese, Osenga, McClure, Horn, Squires
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF SEWARD,ALASKA
ORDINANCE 2019-001
ATTEST:
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Brenda J. Ballou, ►"MC
City Clerk
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Meeting Date:
To:
From:
Agenda Item:
COUNCIL AGENDA STATEMENT
January 28, 2019
Honorable Mayor and Council
Brenda Ballou, City Clerk
Ordinance 2018-001, Amending City Code Title 2 To Update Sufficient
Notice Of Meeting And City Council Voting Procedure.
BACKGROUND & JUSTIFICATION:
The Seward City Council relies heavily on the City Council Rules of Procedures (CCROP) to
provide them with clear guidelines for conducting the business of the city. The CCROP is an
extraction of the City Code and Charter, presented in an easy-to-read format that highlights the
most practical aspects of council procedures. It is a time-saving document that enables council
members to scan the rules and procedures quickly and easily.
On December 10, 2018, council conducted a work session to review the CCROP. The intent of
the work session was to both refresh council and the public with the rules and procedures, and to
ensure that the content was aligned with the City Code and Charter. During the work session,
two areas were identified that required additional review: Notice of [Special] Meeting, and
[Council] Voting [Procedures].
Seward City Code Section 2.10.032 – Notice of Meeting refers to noticing special meetings. The
language, although accurately reflecting the Charter, does not accommodate more modern forms
of notice delivery – specifically, the use of e-mail. The use of e-mail, in conjunction with
telephonic notice, and posting notices in three public places, is being added to the code to allow
for this delivery mechanism.
Seward City Code Section 2.10.035 – Voting – Sequence, Procedure, Conflicts of Interest is
being addressed by eliminating of some code language that is not in keeping with the Charter
provisions. Seward Charter 3.5, as pointed out in a May, 2018 training by City Attorney Holly
Wells, does not allow for a council member to abstain from voting, unless they are ruled to have
a conflict of interest. The code language change will therefore clarify that no member of council
may abstain from voting on a matter upon which they are qualified to vote (i.e., for which they
have no conflict).
INTENT:
The intent of this Ordinance is to update City Code to more accurately reflect modern notice
delivery mechanisms, and to uphold the Charter regarding council member voting procedures.
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CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): X
2. Strategic Plan (document source here) : X
3. Other (list): Seward Charter 3.5 X
FISCAL NOTE:
This change in the City Code is expected to have no financial impact upon the City.
Approved by Finance Department: ______Yes_________________________________
ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______
RECOMMENDATION:
Enact Ordinance 2019-001.
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