HomeMy WebLinkAboutOrd2022-011 - SCC 2.10 Sponsored by: Bower
Introduction: August 8, 2022
Public Hearing: August 22, 2022
Enactment: August 22, 2022
Request for Reconsideration: September 12, 2022
Motion to Reconsider Failed: September 12, 2022
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING
SEWARD CITY CODE CHAPTER 2.10 CITY COUNCIL TO INTEGRATE
THE RULES FROM THE CITY COUNCIL RULES OF PROCEDURES
AND TO PROVIDE FOR CLARIFYING AMENDMENTS
WHEREAS,administration desires to amend Chapter 2.10 to reflect current language and
to include the governing document, the Seward City Charter; and
WHEREAS, in an effort to lessen conflicting language, administration also desires to
codify portions of the City Council Rules of Procedure; and
WHEREAS, additional clarifying amendments were made throughout the Chapter.
NOW, THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Chapter 2.10 is hereby amended to read as follows (new
language is in bolded italics and underlined and deleted language is stricken):
Chapter 2.10 City Council
2.10.005 Composition.
The city council is composed of one mayor and six council members who are elected at large.
2.10.007 Powers and duties generally.
The city council shall exercise all of the legislative and policy-making powers of the city and
shall provide for the performance of all duties and obligations imposed upon the city by law.
2.10.010 Eligibility for elective city office.
A. (a-)-To be eligible to file for election to a city office a person shall be an elector of the city and
shall have resided in the city or territory annexed to the city continuously for a period of not
less than one year immediately preceding the date of filing.
B. (1})A person appointed to fill a vacancy in an elective office must have such qualifications at
the time of his their appointment.
C. (s)The council shall be the judge of the election and qualifications of its members.
2.10.012 Tern, of office.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
The term of office of each council member shall be for three years and shall commence
immediately before the council organizes following the council member's election.
2.10.015 Election of mayor and council.
A. The mayor shall be elected by direct vote of the qualified electors every third year at the general
municipal election held on the first Tuesday of October b , for a term of three
years,holding office until that term has expired and a successor is elected and qualified.
B. At the general election there shall also be elected annually two members of the city council,
each to serve for a term of three years.
2.10.020 Organization of council; election of vice-mayor and seatinji arrangement
A. (a) The city council shall meet and organize not later than thirty (30) days after each regular
city election.
B. (b}At its the organizational meeting, the council shall elect one of its members to act as vice
mayor in the absence of the mayor and the mayor shall make all appointments as required of
the mayor. him.
C. Council members shall occupy their respective seats in the council chamber assigned to
them. The seats shall be assigned so the vice mayor sits on the left-hand side of the mayor
and other members are seated in order of seniority with those newest council members filling
the outermost seats on the dais.
2.10.025 Duties of mayor, vice-mayor, acting mayor.
A. )Mayor.
1. The mayor shall:
a. Possess all powers and shall exercise all duties required ef-him by law or the city
council. He-shall
b. Be presiding officer of the council at all council meetings and recognized as the head
of the city for all ceremonial purposes. He-shall
c. Be a member of the council with all powers and duties of that office.
2. The mayor has no regular administrative or executive duties.
3. The mayor shall not possess veto power.
B. Vice-mayor.
1. In the absence of the mayor,the vice-mayor shall possess all the powers of the mayor.
2. The vice-mayor He shall possess all duties provided for or required of by law or the
city council.
C. (e)Acting mayor.
1. In the absence of the mayor and the vice-mayor, and if a quorum shall be is present, the
council shall choose one of its members to serve as acting mayor for that session or until
the appearance of the mayor or vice-mayor.He-shall
2. The acting mayor possess all duties provided for or required ef--hini by law or the city
council.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
2.10.027 Public meetings.
A. All city council meetings, except for executive sessions, are open to the public and, with the
exception of executive sessions, shall be electronically recorded.
B. The public shall be given a reasonable opportunity to be heard at all regular and special
meetings.
2.10.030 Meetings.
A. (4)Regular meetings.
1. Regular city council meetings of the city council shall be held in the Seward City Hall
council chambers in the Sewar City Hall, unless otherwise designated by the council.-er
2. Regular city council meetings shall be held on the second and fourth Mondays of each
month at 7:00 p.m.;provided that any regular meeting may be canceled by the affirmative
vote of at least four council members.
B. (2)Special meetings.
1. 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.
2. Notice of the special meeting will be prepared in writing by the clerk. The notice must
contain the time, place, and business to be transacted. Upen-request-being-reeeivedthe
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city clerk shall g, a d„e ana oti e red b.,secti,., 2 1 n 032 „f this C do
3. No business shall be transacted at any special meeting of the council except that stated in
the meeting notice of meeting.
4. Special meetings shall be held at the regular meeting place of the council or at such other
• place as may be specified in the meeting notice. The location of the special meeting shall
be selected with consideration for the reasonable accommodation of the public.
C. (3) Emergency meetings.
1. In an emergency, any special meeting held for the purpose of addressing an
emergency, shall be a legal meeting if all members are present. or if there-be is a
quorum present and all absent members have waived, in writing, the required notice
requirements of section 2.10.032.
2. Waivers may be before or after the time of the meeting.
3. A waiver shall be made a part of the journal of the meeting.
D. (4) Work sessions.
1. Upon written request of the mayor, city manager, or any two members of the city council,
council may hold work sessions for the purposes of planning, studying and discussing any
question permitted by law.
2. No formal action shall be taken by the council on any matters discussed in the work session
until the matter is placed on the a regular or special meeting council agenda.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
3. Work sessions shall generally be held in the regular meeting place of the city council;
however,the council may designate any other location provided that consideration is given
to the reasonable accommodation of the public.
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E. e) Recessed meetings. The council may recess any of its regular or special sessions to a time
not beyond the next regular meeting;and the city clerk shall publish the time and date to which
recessed in the best manner.
F. If after having been lawfully assembled in a properly designated location, the council
determines that a condition exists which renders the location unsuitable, the council may
recess the meeting and reconvene at a different location suitable to the needs of the council.
The location to which the meeting shall be reconvened shall be made known publicly prior
to recess and notices shall be posted at the place originally designated by the city clerk.
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under the ., nda se tion f r ua f ishe business
CITY OF SEWARD, ALASKA
ORDINANCE 2022-011
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
the holding of such meetings. Notice delivered via e mail and/or telephonically to media, each
councilmember, and the city manager, and posted in three public places at least 21 hours prior to
the meeting shall s„ffice a otiee
2.10.033 Executive session.
A. If permitted subjects will be discussed at a meeting in executive session, the meeting must
first be convened as a public meeting and the question of holding an executive session to
discuss matters that are within the exceptions of subsection (D) of this section shall be
determined by a majority vote of the council.
B. The motion to convene in executive session must clearly and with specificity describe the
subject of the proposed executive session without defeating the purpose of addressing the
subject in private.
C. Subjects may not be considered at the executive session except those mentioned in the motion
calling for the executive session unless auxiliary to the main question.
D. Action may not be taken at an executive session, except to give direction to an attorney or
labor negotiator regarding the handling of a specified legal matter or pending labor
negotiations.
E. Upon adoption of a motion stating the purpose for an executive session, the council in closed
session may discuss:
1. Matters, the immediate knowledge of which would clearly have an adverse effect upon
the finances of the public entity;
2. Subjects that tend to prejudice the reputation and character of any person,provided the
person may request a public discussion;
3. Matters which by law, municipal Charter, or ordinances are required to be confidential;
4. Matters involving consideration of government records that by law are not subject to
public disclosure.
F. This section does not apply to quasi-judicial boards when holding a meeting solely to make
a decision in an adjudicatory proceeding.
2.10.036 Meetings—Time restrictions, uncompleted agenda.
A. Adjournment time—mandatory.
1. The council shall take no official action or address any other item on the agenda after
11:00 p.m. and shall adjourn any regular or special meeting no later than 11:00 p.m.
2. Adjournment is mandatory unless extended to 12:00 a.m. by council vote.
3. In the event the agenda has not been completed by the time set herein, the council may
adjourn the meeting to another day, call a special meeting to complete the agenda and
adjourn, or adjourn.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
B. Remaining agenda items. If the meeting is adjourned without making other provisions for
completion of the agenda items, the uncompleted matters shall be presented at the next
regularly scheduled council meeting under the agenda section for unfinished business.
C. Presentations and public comments. The council shall not adjourn prior to 12:00 a.m. unless
all presentations and comments by members of the general public have been heard.
2.10.041 Meeting notification.
A. All public notices must include the date, time, and place of meeting.
B. The city clerk shall provide at least 24-hour advance public notice,setting out the date, time,
place and agenda or issue of the meeting shall be given for all regular and special meetings
and work sessions of the council.
1. The notice shall be served personally on each council member, or left at the member's
usual place of business or residence, or emailed by the city clerk.
2. The city manager shall receive the notice via email by the city clerk.
3. A copy of the notice shall also be delivered or emailed 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 the meetings.
4. Notice delivered via e-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.
S. Six-hour notice for a special meeting due to an emergency shall suffice.
2.10.03546 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 The vote shall be by roll call. Each member shall answer by the
word "yes" or"no."
C. All council members, unless lawfully excused, shall vote on each question before the
council.
D. Four affirmative votes are required to carry any measure before the council unless a greater
number is required by the code or charter. Any lesser number, even though it constitutes a
majority of the members present, shall not carry and the measure shall be defeated.
E. Direct or indirect financial interest No member of the council may discuss or vote on any
question in which the member has a direct or indirect substantial financial interest.
1. 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.
2. 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.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
3. If there are not at least four council members in attendance who are qualified to vote, the
matter shall be tabled until the next regular or special meeting at which four council
members qualified to vote on the matter are in attendance.
F. 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.
G. "Substantial financial interest" means a financial interest that would result in a pecuniary gain
or loss exceeding$1,000.00 in a single transaction or more than$5,000.00 in the aggregate in
12 consecutive months.
2.10.04051 Quorum—majority.
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.
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10 015 Methods of action
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2.10.056 Vacancy on council.
A. The council seat shall become vacant upon the occurrence of any of the following:
1. Expiration of the term of office;
2. Death of the incumbent;
3. Resignation approved by council;
4. Removal from office in the manner provided by law;
5. Ceasing to possess at any time the qualifications or eligibility required by the Charter far
election or appointment to office;
6. After final conviction of a felony involving moral turpitude, or of any offense involving
a violation of an oath of office;
7. A judicial determination that the incumbent is of unsound mind;
8. A decision of a competent tribunal declaring the election or appointment of the
incumbent void;
9. Failure to take the oath or make the affirmation or file the bond required for the office
within ten days from the date of appointment or certification of election or within such
other time not exceeding twenty days thereafter as the council may fix;
10.A member departs from the city with the intent of remaining absent for more than 90
days;
11. Failure to attend council meetings for 90 consecutive days;
CITY OF SEWARD, ALASKA
ORDINANCE 2022-011
12. Attends less than five council meeting during any continuous five-month period;
13. With the concurrence of two-thirds of its members, the council may expel one of its
members for a conviction of a violation of AS 15.13 or a felony or misdemeanor
described in AS 15.56 as a corrupt practice. The council shall consider that conviction
during the first meeting following final determination of the conviction.
B. Filling vacancies. If a vacancy occurs in an elective office, other than a vacancy occurring
from a recall:
1. More than two weeks before the candidate filing period. If the vacancy occurs more than
two weeks before the last time for filing for the offices to be filled at the next regular city
election, the council shall fill the vacancy by appointment within thirty days, with the
person appointed serving until the next time when terms of elective officers begin. If the
unexpired term of the vacated office extends beyond the next time when terms of elective
officers begin, the office shall be filled for the remainder of the unexpired term at the
next regular city election.
2. Less than two weeks before the candidate filing period. If the vacancy occurs no more
than two weeks before the last time for filing declarations of candidacy for offices to be
filled at the next regular city election, the council shall not fill the vacancy until
immediately after the council organizes following such regular city election, and the
council then shall fill any such vacancy by appointment for the remainder of the
unexpired term.
C. Process for filling vacancies. The process for filling vacancies in this section is:
1. The city clerk will distribute and publish a notice of vacancy, the procedure, and any
application form for applying.
2. Each applicant will make a presentation to the council regarding their qualifications to
serve.
3. The council will then vote and sign ballots provided by the city clerk.
4. The city clerk will read the ballot aloud, will tabulate the votes, and announce the results
to the council.
5. The council may then, by motion and voice vote affirm the appointment of the candidate
receiving the highest number of votes and the required votes for official council action..
(a) In the event any member of the city council departs from the city with the intent of
o
declare the office of such member vacant.
for a conviction of a violation of AS 15.13 or a felony or misdemeanor described in AS 15.56
as a corrupt practice. The council shall consider that conviction during the first meeting
(c) A vacancy on the council also is created by the resignation of a councilmember in writing
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
th' t days f....., the d„te of certi fic tion of the .„e..,.ber's election,
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shall be filled idea ection 2 13(a) of the Charter
( ) Th 1 h ll be tthe solee-autheri for determining the quauallifications orf-iics-mem s.
2.10.061 Excused absences.
A. In order for an absence to be excused, a council member shall contact the city clerk prior to
a council meeting and state the reason for their inability to attend the meeting.
B. The city clerk will inform the presiding officer of the request for an excused absence prior
to the meeting and the presiding officer will rule whether absence is excused or unexcused.
C. When calling the roll call for the meeting, the city 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.
D. If another council member questions the member's absence, the presiding officer will
inquire if there is a motion to excuse the member. This motion is non-debatable.
E. Upon passage of the motion by a majority of members present, the absent member will be
considered excused and the city clerk will make an appropriate notion in the minutes.
2.10.06655 Agenda.
A. Order of business. The order of business for the regular meetings of the city council shall be
as ollows: ' '
1. Call to Order:
2. Pledge of Allegiance;
3. Roll Call:
4. Citizen Comments of any Subject Except those Items Scheduled for Public Hearing;
S. Approval of Agenda and Consent Agenda
6. Special Orders, Presentations and Reports
a. Proclamations and Awards
b. City Manager Report
c. City Clerk Report
d. City Attorney Report
e. Other Reports and Announcements
J Presentations
7. Consent Agenda
a. Minutes of Preceding Meeting
b. Introduction of Ordinances
c. Resolutions
d. Action Memoranda
8. Public Hearings
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
a. Ordinances for Enactment
b. Resolutions Requiring Public Hearin;
9. Unfinished Business
10. New Business
a. Resolutions
b. Action Memoranda
c. Other New Business
11. Informational Items and Reports
a. Boards and Commissions Minutes
12. Citizen Comments
13. Council, and Administration Comments and Response to Citizen Comments
14. Executive Session
15 Adjournment
B. Consent agenda—use of.
1. These Items on the council agenda which are considered routine by the city manager and
city clerk shall be ' on the consent agenda.
2. Unless the mayor or a council member specifically requests that an item be removed
from the consent agenda, all items appearing under the consent agenda are approved
with a single motion, no discussion, and one vote. Unless the mayor „ council member
e ,la e etin e nda d thu e e,l f e the nt alendar_ nd ide ed
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separately en the e,.. laar e nda rthese items so des;tnet shall be e l , l ,..red� >
etc. by motion o these tee 3e-agende deense gend; o
ite ea shall a the cif „te ;F acted ndi .iduall . I an
item is removed from the consent agenda, the item shall be considered under the regular
meeting agenda.
C. Council member agenda items. Council members who wish to add items to the agenda must
present the item, in writing, to the city clerk no later than 12:00 p.m. on the Tuesday
preceding the Monday meeting.
D. Prior to the final vote on the agenda, a council member may delete any item from the agenda
or postponing any item on the agenda to a subsequent council meeting. However, if any
member objects, the member wishing to delete or postpone an agenda item must make a
motion to do so. The motion requires a second and must receive four affirmative votes for
approval.
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CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
the-council eting he a ends shall be ., .,il.,ble to the public it the office of the city clerk
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
council member, 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.
2.10.071 Council packet.
A. 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 Tuesday preceding the Monday meeting.
B. The city clerk shall prepare the agenda for all matters according to the order of business,
numbering each item consecutively.
C. A complete copy of the agenda and supporting materials shall be delivered provided to each
council member,and the city manager, and department heads no later than 7:00 p.m. on the
Saturday preceding the council meeting.
D. The agenda packet shall be available to the public in the city clerk's office at 9:00 a.m. on
the day of the council meeting and in the council chambers during each meeting
E. The agenda will be published in the local newspaper during the week prior to the meeting.
2.10.07660 Minutes.
A. (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.tprovidedr that
B. The city clerk shall be required to make a record only of the sueh 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-mod 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 council member may request that his the member's remarks on any subject
be recorded in the minutes verbatim as a matter of public record.
C (b)Unless the reading of the minutes of a council meeting is requested by the majority of the
council, the %tell minutes may be approved without reading if the clerk has previously
furnished each council member with a copy thereof.
2.10.081 Motions.
All city council legislation shall be in the form of an affirmative motion. The affirmative vote of
four members of the council is required for passage of any motion of the council, unless
otherwise noted in code.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
2.10.0866S Rules of order debate.
A. Roberts Rules of Order. All meetings shall be conducted in accordance with the current
edition of Robert's Rules of Order, Newly Revised. The city clerk shall serve as
parliamentarian and shall advise the presiding officer as to correct rules of procedure of
specific rule application. (a)Rob ,.t's ul fOraer n bert's R len of•Order shall be„sed n
new a«uivoptd by the voti at nting ofcouncil. The clerk is desig„ated the
ules o adas ee ef' eunc ee
nrli mer,taria, for tL.e c nil a d tL,e e:ty's beards and
B. (b) Presiding officer may debate and vote. The presiding officer may move, second and debate
from the chair, subject only to seek the limitations of debate as are by these rules imposed by
the code and charter on all council members, 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. (e) Getting the floor; improper references to be avoided. Every council member desiring to
speak shall address the chair,and upon recognition by the presiding officer,shall speak confine
himself to the question under debate, avoiding all improper language and references to
personalities.
D. (d)Interruptions. A council member, once recognized, shall not be interrupted in speaking
unless it-be to call him the member to order or as herein otherwise provided. If a council
member, while speaking, is called to order he the member shall cease speaking until the
question of order be determined and, if in order,he the member shall be permitted to proceed.
E. (e) Reconsideration. 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.
1. A council member may make a motion to reconsider only if:
a. The council member voted on the prevailing side on the question to be reconsidered;
b. The council member makes the motion to reconsider on the same day and at the same
meeting at which the vote to be reconsidered was taken; or
c. The council member files with the ci clerk not later than 5:00 p.m. on the first city
business day following the day on which the vote was taken a written notice of intent
to reconsider and then makes the motion to reconsider at the next regular council
meeting. The a cif member m .file b.,telephone p ,idea that the nogee„f intent
2. A motion for reconsideration requires a two-thirds vote to carry.
3. For the purposes of this section, a council meeting which is recessed and reconvened on a
different day shall constitute one meeting. The reconvened session of such a meeting shall
not constitute the next regular council meeting as that term is used in this section.
4. Only one motion to reconsider shall be entertained on any ordinance, resolution or other
action even if the council overturns the original action. 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.
5. Actions which may not be reconsidered. The following motions may not be reconsidered:
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
a. A motion which can be renewed within a reasonable time;
b. An affirmative vote whose provisions have been partly carried out;
c. An affirmative vote in the nature of a contract when the party to the contract has been
notified of the outcome;
d. Any vote which has caused something to be done which it is impossible to undo;
e. A vote on a motion to reconsider; or
f. When practically the same result can be obtained by some other parliamentary motion.
2.10.09170 Addressing the council by the public.
A. (a) Generally. The council shall provide the opportunity for the public to be heard at regular
and special meetings as required by AS 29.20.020 and Seward City Charter section 3.5(g). All
persons desiring to address the council shall first secure the permission of the presiding officer
to do so, shall approach the podium before the council and give their name, state whether they
live inside or outside the city Seward city limits
for the record,and,unless further time is granted by the presiding officer,shall limit their
address to the time limits specified on the council agenda.
.
B. (b)Public hearings.
1. Unless further time is granted by the presiding officer, each person testifying under public
hearing shall limit his their presentation to five minutes.
2. The ciu clerk shall make available sign-up sheets on which persons desiring to speak on
items scheduled for public hearing may indicate their desire. The presiding officer shall
request comment from persons in the order in which they have signed up on said the sheets
and then shall take comments from all other persons desiring to speak.
3. 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.
4. A person speaking for a second time shall give testimony for not more than one minute
unless the presiding officer designates a different time.
5. No person may speak on an item after public hearing on that item has terminated unless
the presiding officer determines otherwise.
D. Presentations.
1. There will be no more than two presentations scheduled during each council meeting.
2. Presentations are added to the agenda on a first come, first serve basis and must be
approved by the city manager.
3. In the event there are already two presentations scheduled on any given agenda, the
requestor will be provided with future date opportunities.
4. There is a 10-minute time limit for presentations. The city clerk will time each
presentation.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-011
2.10.096 Forms of address.
A. The mayor shall be addressed as "Mayor (surname), "Your Honor", "Mister/Madam
Chair", or Mister/Madam Mayor".
B. The vice mayor, when acting for the mayor, shall be addressed as "Vice Mayor(surname)',
or Mister/Madam Chair.
C. Members of the council shall be addressed as "Council Member (surname)".
2.10.1007 Decorum.
A. (a)-By Council members. When the council is in session,the council members must preserve
order and decorum and no council member shall, by conversation or otherwise, delay or
interrupt the proceedings or the peace of the council, nor disturb any council member while
speaking, nor refuse to obey the orders of the council or the person presiding.
B. (b) ley Other persons. Any person making personal, impertinent, threatening or slanderous
remarks, or who shall become boisterous while addressing the council, shall be immediately
fefthwith, be barred 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. fe)Enforcement.
1. The chief of police shall be ex officio sergeant-at-arms of the council.
2. The chief He shall carry out all orders and instructions given-Inin by the presiding officer
for the purpose of maintaining order and decorum in the council chambers.
3. Any person in the audience who uses loud, boisterous or profane language at a council
meeting,or language tending to bring the council or any council member into contempt,or
any person who persistently interrupts the proceedings of the council or refuses to keep
quiet or take a seat when ordered to do so by the presiding officer, shall be deemed guilty
of a misdemeanor.
4. 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 the person under arrest, or
both.
2.10./05080 Council as board of adjustments.
The city council is designated to be the board of adjustments for the city. The mayor shall act as
chair.
2.103/0090 Interference in administrative service prohibited.
A. Nene No member 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 the city manager him from exercising the city manager's his own judgment in the
appointment of officers and employees in the administrative service.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
B. 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.
2.10.11 S Council direction to city attorney, city clerk, or city manager.
A. The attorney, city clerk, and city manager work for the council as a body and may not take
direction from any individual member of the council.
B. City council requests for research or drafting of council legislation and other documents
shall be made at a meeting
C. The city council may direct the city attorney, city clerk, or city manager via motion provided
the motion regarding substantive directives are included on the agenda before a vote is taken
on the motion.
2.10.01120 Processing of ELL council mail by the city clerk.
A. 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_
B. to-the-end-that All administrative business referred to in seek the communications and not
111 necessarily requiring council action may be disposed of between council meetings; provided,
that all action taken pursuant to st#the communications shall be reported to the city council
thereafter.
C 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 sueh the communications shall be mailed provided to the council.
2.10.12500 Compensation .
A. (a) Compensation for service on the city council is as
follows:
1. The mayor shall be compensated at the rate of$600.00 per month; and
2. Each council member shall be compensated at the rate of$400.00 per month.
B. (b) Compensation shall be paid quarterly on the payday for the first pay period ending in
January, April, July and October of each year.
C. Council members are not eligible to participate in the Public Employees'Retirement system
of Alaska (PERS).
2.10.130 Retirement from council—recognition.
A. Council members who retire from service on city council after one term or who are not
reelected following their first term of office will receive a plaque in recognition of their
service to the city.
B. Council members who retire or fail to be reelected after two or more terms on the city council
will receive an engraved gold pan in recognition of their service.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-011
C. A mayor who retires or fails to be reelected will receive a plaque bearing. a gavel in
recognition of their service to the city.
Section 2.This ordinance shall take effect ten(10)days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 22"d day of August, 2022.
E I ,ALASKA
risty Ter , yor
AYES: Calhoon, Casagranda, Osenga, McClure, DeMoss, T _
NOES: None
ABSENT: Wells
ABSTAIN: None
ATTEST:
Brenda J. Ball , MC
City Clerk
(City
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City Council Agenda Statement
Meeting Date: August 8, 2022
To: City Council
From: Janette Bower, City Manager
Agenda Item: Ordinance 2022-011: Amending Seward City Code Chapter 2.10 City Council
to Integrate the Rules from the City Council Rules of Procedures and to
Provide for Clarifying Amendments
Background and justification:
The purpose of this ordinance is to amend Chapter 2.10 to integrate the rules from the City Council
Rules of Procedures (CCROP) into the Code. Integrating the rules lessens confusion between the
Code and CCROP and eliminates conflicting language as well. Grammatical amendments and
clarifying have been incorporated throughout the chapter. Please note that not all CCROP rules have
been integrated because some of them are procedural and not substantive in nature.
The chapter has been amended as follows:
Amended Ordinance
code section Page # Amendment
2.10.005 Composition. 1 New section enacting language regarding the council's
composition. Note: the language is from Charter Section 3.1.
2.10.007 Powers and duties New section enacting language regarding the council's
generally. 1 powers and duties. Note: the language is from Charter
Section 3.1.
2.10.010 Eligibility for elective 1 Updated bulleting. Note: the language is from Charter
city office. Section 2.2.
2.10.012 Terms of office. 1 New section enacting language regarding the council's term
of office. Note: the language is from Charter Section 3.1.
2.10.015 Election of mayor 2 Bulleted, struck language no longer applicable. Note: the
and council. language is from Charter Section 3.2.
2.10.020 Organization of the Updated bulleting. Note: the language in subsection A and B
council. 2 are from CCROP Rule 4. Subsection C is from CCROP Rule
19.
2.10.025 Duties of mayor, 2 Updated bulleting. Note: the language is from Charter
vice-mayor, acting mayor. Section 3.4 and CCROP Rule 5.
New section enacting language regarding public meetings.A
2.10.027 Public meetings. 2 portion of the language was previously in section 2.10.030
and CCROP Rule 3.
Updated bulleting. (a) moved to 2.10.027. Executive session
2.10.030 Meetings. 3 language moved to 2.10.033. Language is from CCROP Rule
1, 2, 8, and 10, and Charter Section 3.5.
2.10.031 Meetings —time
restrictions, uncompleted 4 The language is struck and moved to 2.10.036.
agenda.
2.10.032 — Notice of meeting. 4 The language is struck and moved to 2.10.041.
The language was in 2.10.030. It has been updated and
2.10.033 Executive sessions. 4 moved to this new section. Portions of the language are from
Charter Section 3.5 and CCROP Executive Session.
63
Amended Ordinance Amendment
code section Page #
2.10.036 Meetings—time The language was in 2.10.031. It has been updated and
restrictions, uncompleted 5 moved to this new section. The language is from CCROP
agenda. Rule 2.
2.10.041 Meeting notification. 5 The language was in 2.10.032. It has been updated and
moved to this new section.
2.10.046 Voting — sequence, Renumbered and updated bulleting. The language is from
procedure, conflicts of 6 CCROP Rule 28 and Charter 3.5.The language in subsection
interest. D is from 2.10.051.
2.10.051 Quorum — majority. 6 Subsection B was moved to 2.10.046 D.
2.10.045 Methods of action. 6 Language is struck. Subsection A will be included in Seward
Municipal Code Chapter 2.15. Subsection B is 2.10.115.
Bulleted and language from Charter was brought in. The
2.10.056 Vacancy on council. 6 language regarding filling vacancies is from Rule 37 of
CCROP.
2.10.061 Excused absences. 8 The language is from CCROP Rule 7.
The existing language references the CCROP and setting the
agenda order by resolution but the best place for the
language is in code. Section A order of business is partial
existing language and language that reflects the use of
2.10.066 Agenda. 8 action memoranda. The language also puts all consent
agenda items in one section of the agenda. This makes it a
lot easier for the public. Section B speaks to the use of the
consent agenda and the council's ability to move consent
agenda items.
2.10.071 Council packet. 10 The language is from former 2.10.055(d)and CCROP Rule 9
a.
2.10.076 Minutes. 10 Renumbered and re-bulleted. The language is from former
section 2.10.060.
2.10.081 Motions. 10 The language is from former subsection 2.10.065 and CCROP
Rule 24.
2.10.086 Rules of order. 11 Renumbered and grammatical amendments. Subsection A is
from CCROP Rule 24.
2.10.091 Addressing the 12 Renumbered, grammatical amendments, and subsection C
council b the public. added. The language is from CCROP Rule 9 e .
2.10.096 Forms of address. 12 New section bringing in CCROP Rule 18.
2.10.100 Decorum 12 Renumbered, bulleted, and grammatical amendments
2.10.105 Council as board of 13 Renumbered
adjustments.
2.10.110 Interference in Renumbered and bulleted. The language is existing and
administrative service 13 reflects CCROP Rule 11.
prohibited.
2.10.115 Council direction to
city attorney, city clerk, or city 13 The language is from 2.10.045 (B) and CCROP Rule 17.
manager.
2.10.120 Processing of council 13 Renumbered and bulleted. The language is existing and
mail by the city clerk. reflects CCROP Rule 12.
2.10.125 Compensation. 14 Renumbered and bulleted. Subsection C is from CCROP Rule
21. Subsection C is from Rule 22.
2.10.130 Retirement from 14 The language is from CCROP Rule 23.
council — recognition.
64
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 2.2.8 City Government-Continue to review and update the City Code.
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
✓ Has no fiscal impact
Funds are ():
Budgeted Line item(s):
Not budgeted
✓ Not applicable
Finance Signature:
Attorney Review
✓ Yes Attorney Signature:
Not applicable Comments:
Administration Recommendation
e✓ Adopt Ordinance
Other:
65