HomeMy WebLinkAboutORD2023-002 Amending Title 2 - Administration Sponsored by: City Clerk
Introduction: January 23, 2023
Public Hearing: February 13, 2023
Enactment: February 13, 2023
CITY OF SEWARD,ALASKA
ORDINANCE 2023-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE TITLE 2 —
ADMINISTRATION
WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to
review,update, and recodify Seward City Code; and
WHEREAS,there are 16 Titles contained in Seward City Code; and
WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and
reasonable to provide the changes in smaller,more manageable portions for consideration; and
WHEREAS, in 2022, council enacted several ordinances to update portions of Title 2,
including: Ordinance 2022-004, Amending Seward City Code Chapter 2.30 Boards And
Commissions,Article 2 Seward Planning And Zoning Commission By Enacting Section 2.30.217
Staff Assistance To Commission And Providing For Housekeeping Amendments; Ordinance
2022-009, Amending Seward City Code Section 2.25.045 Finance Department; and, 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; and
WHEREAS, this ordinance is focused on the remainder of Title 2 —Administration and
reflects input from the city manager(including department heads),city attorney,and city clerk and
will complete the recodification for Title 2.
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 2—Administration is hereby amended as follows:
(Deletions=Bold Striket eughs; Additions=Bold Italics Underlined.)
TITLE 2 -ADMINISTRATION
Chapter 2.01.- General Provisions
2.01.010- Injuries to persons and property.
(a) Any employee of the city involved in any occurrence resulting in injury to property or persons
other than city property or city employees, or any city employee witnessing such an
occurrence, shall:
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(1) Immediately secure or provide emergency care for injured persons in the same manner as
would an average prudent person;
(2) Immediately secure or provide emergency warning devices to prevent further injury to
property;
(3) Immediately thereafter report such occurrence in writing to the chief of police on forms
provided by the city and including any additional information he may require;
(4) In case of serious injury,verbal notice shall be given immediately to the city manager; and
(5) The complete report describing in detail the above-stated elements of a potential claim
against the city and including names and addresses of witnesses shall be referred to the city
manager and the city clerk.
(b) No employee of the city may acknowledge liability in damages for injury to persons or
property.
(c) Any occurrence involving injury to both a city employee and city property and to persons other
than city employees or other than city property shall be reported and processed in compliance
with the procedures applicable to both worker's compensation and public liability insurance
and the foregoing.
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2.01.020- Conflict of interest.
(a) For the purposes of public disclosures required by this section, "municipal officers" shall
include the mayor, councilmembers, the city manager, and Seward planning and zoning
commissioners.These municipal officers shall be required to complete the financial disclosure
statement form, as prescribed and approved by resolution by the city council, when initially
applying for a vacant elected or appointed position, and annually thereafter so long as they
hold the position. A city manager shall file the disclosure statement within thirty (30) days
after the first day of employment.
(b) Code of ethics for municipal officers.
1. For purposes of this section "city municipal officers" shall include the mayor, council
members, city manager, city clerk, city attorney, and Seward planning and zoning
commissioners.
2. City municipal officers, while acting in such capacity, shall not knowingly make false
statements to influence official action.
3. City municipal officers shall not seek office or position or use their office or position for
the purpose of obtaining anything of value for the official, an immediate family member,
or a business owned by the council member or in which the council member holds an
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interest, or for the purpose of influencing any matter in which the council member has a
substantial financial interest.
4. City municipal officers shall not use the implied authority of office or position for the
purposes of unduly influencing the decisions of others or promoting a substantial personal
interest within the community except when discussing in a public meeting a matter before
the body. Municipal officers shall refrain from using their title except when duly
representing the city in an authorized capacity. Unless expressly authorized to represent an
official position of the city or a body of the city, municipal officers shall refrain from
implying their individual representation is that of the City of Seward by the use of their
title.
5. City municipal officers shall not, for compensation, represent or assist those representing
private business or personal interests before the city council, administration, or any
borough board, commission or agency. Nothing herein shall prevent a municipal officer
from making verbal or written inquiries on behalf of constituents or the general public to
members of the city council or from requesting explanations or additional information on
behalf of such constituents.No municipal officer may solicit or accept a benefit or anything
of value from any person for having performed this service.
6. City municipal officers may not disclose information they know to be confidential
concerning employees of the city, city property, city government, or other city affairs,
including but not limited to confidential information disclosed during an executive session,
unless authorized or required by law to do so.
7. City municipal officers may not engage in business or accept employment with, or serve
as a state elected or appointed official or render services for persons where that activity,
office, or position is incompatible with the proper discharge of the municipal officer's
duties or would tend to impair the municipal officer's independence of judgment in
performing their duties.
8. For one year after leaving office, city municipal officers shall not hold any compensated
city office or employment that was created,or the salary or benefits of which were specially
increased, in a vote by the council during the last year the member was in office.
9. City municipal officers shall not accept a gratuity from any person engaging in business
with the council or having a substantial financial interest in a decision pending with the
city.No municipal officer shall give a gratuity to another municipal officer for the purpose
of influencing that person's opinion,judgment, action, decision, or exercise of discretion
as a council member. This subsection does not prohibit accepting:
a. A meal of reasonable value;
b. Discounts or prizes that are generally available to the public or large sections thereof;
c. Gifts presented by an employer to its employees in recognition of meritorious service,
or civic or public awards;
d. A lawful campaign contribution made to a candidate for public office;
e. An occasional gift of insignificant value;
f. Any gift which would have been offered or given to the officer even if the officer were
not a municipal officer.
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10. City municipal officers may not use,request or permit the use of city vehicles, equipment,
materials or property for any non-city purpose,including but not limited to private financial
gain, unless that use is available to the general public on the same terms or unless
specifically authorized by the council. This subsection does not prohibit de minimis
personal use.
11. An employed municipal officer may not take an active part in a non-city sanctioned
political campaign or other political activity when on duty. Nothing herein shall be
construed as preventing such municipal officers from exercising their voting franchise,
contributing to a campaign or candidate of their choice, or expressing their political views
when not conspicuously representing the city. Similarly, any municipal officer may not
take an active part in a political campaign or other political activity during an official
meeting.
12. City municipal officers are strongly encouraged to dress in business casual attire at council
meetings. Business casual is defined as relating to or denoting a style of clothing that is
less formal than traditional business wear, but is still intended to give a professional and
businesslike impression.
13. City municipal officers may not place items on the dais in such a manner as to outwardly
display to the public anything of an ideological nature. Ideological is defined as based on
or relating to a system of ideas and ideals, especially concerning economic or political
theory and policy. 111
14. City municipal officers may not attempt to influence another municipal officer's vote or
position on a particular item through contact with the municipal officer's employer or by
threatening financial harm to another municipal officer.
15.A city manager who has or may have a substantial personal or substantial financial interest
in an official action shall disclose the facts concerning those interests to the city council
prior to taking the official action. If the council determines the manager has a substantial
personal or substantial financial interest in the action,the council shall excuse the manager
and assign another city employee to the matter. The city administration may adopt written
policies setting forth additional standards and requirements for excusing the manager and
assigning another city employee to the matter. Such written policies will be approved by
the city council.
16. Perhaps the most fundamental role of a council member is communication. Council
members will communicate with the public to assess community opinions and needs, and
to share the vision and goals of the city with constituents, and will also communicate with
staff to provide policy direction and to gain an understanding of the implications of various
policy alternatives.
17. Official correspondence may be requested from council by citizens, businesses, or other
public agencies;the mayor shall have the authority to transmit the city's position on policy
matters to outside agencies on behalf of council,upon informing council of the request and
receiving no objection thereto. City letterhead is available for this purpose and shall be
coordinated through the city clerk and or city manager to ensure appropriate retention.
Council members who wish to prepare letters of recommendation for students or others
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seeking employment or appointment may do so and may use their council title, clearly
indicating that they are speaking on their own behalf and not for council as a whole.
18. The city council delegates to the city manager the authority to address with any council
member, the member's potential violation of Charter Section 3.7. If, after the city
manager has addressed the potential violation, the city council member's actions
continue, the city manager shall report the matter to the full city council.
Chapter 2.05. - Records
2.05.010-Open records.
Except as provided by § 2.05.030 of this code, or by other provision of municipal, state or federal
law, the books, records, papers, files, accounts, writings and transactions of the city are open to
inspection by the public under reasonable rules during regular office hours. The city recognizes
the competing interest of personal privacy and the right of the public to have access to information
concerning the conduct of the people's business.
2.05.015-Access and inspection of records.
(a) Public records may be inspected at the city office where the records are kept during the regular
office hours of that particular office.All city officers and employees shall,consistent with the
orderly conduct of city business, make a good faith and diligent effort to respond to requests
for inspection of records made pursuant to this code.
(b) Except as otherwise provided in this section,the fee for copying public records may not exceed
the standard unit cost of duplication established by the city and shall be set by city council
resolution. The resolution may also contain a separate fee schedule for providing
electronically-generated public records,to be based on recovery of the actual incremental costs
of providing the electronic record.
(c) If the production of records for one requester or agent of a requester in a calendar month
exceeds five person-hours, the city shall require the requester to pay the personnel costs
required during the month to complete the search and copying tasks. The personnel costs may
not exceed the actual salary and benefit costs for the personnel time required to perform the
search and copying tasks. The requester shall pay the fee before the records are disclosed, and
the city may require payment in advance of the search.
(d) The city may reduce or waive a fee if the city determines that the reduction or waiver is in the
public interest. Fee reductions and waivers shall be uniformly applied among persons who are
similarly situated. The city may waive a fee of$5.00 or less if the fee is less than the cost to
the city to arrange for payment.
2.05.020-Certified copies.
The city clerk shall give, on request and payment of costs, a certified copy of any public record
required to be disclosed under this code. A fee may be charged for certified copies, reflective of
the actual costs involved in providing the certification, to be set by city council resolution.
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2.05.025-Compilation or creation of records.
Nothing in this code shall require the city to create records,compile,summarize,outline or in other
ways create information from existing public records. In those instances where the city official
who is the custodian of the record determines that the city has the requisite resources to compile
or create records to comply with a request for information, the city may charge the requestor with
the costs of such compilation or summary, which costs shall include the salary and benefits and
overhead charges for the city employees who accomplished the work.
2.05.027- Personal and proprietary records available for public disclosure.
(a) If the city official who is the custodian of a record that is subject to public disclosure considers
all or a portion of the information requested to be of a sensitive personal or proprietary nature,
he may attempt to notify any party who is the subject of the record or may be concerned with
its pending release. Failure to notify shall not be grounds for action against the city or its
employees.
(b) If an objection to release of the record is filed,the city shall delay release of the record for five
working days in order to provide time for the objecting party to seek appropriate restrictions
on release of any portions of the record.
2.05.030-Exemptions for particular records.
(a) This chapter shall not be construed to require disclosure of the following records or information
which,by law, are required to be confidential:
(1) Records of vital statistics and adoption proceedings;
(2) Records pertaining to juveniles unless disclosure is authorized by law;
(3) Medical and related public health records;
(4) Records required to be kept confidential by a federal law or regulation or by state law;
(5) Records required to be kept confidential under 20 U.S.C. 1232g and the regulations
adopted thereunder in order to secure or retain federal assistance.
(b) This chapter shall not be construed to require disclosure of the following business and
proprietary records or information:
1. Trade secrets,patented and/or copyrighted material;
2. Records held by the city or any public utility pertaining to any client, customer, tenant,
operator,user or subscriber,the release of which would constitute an unwarranted invasion
of privacy of that person or entity;
3. Records of engineering, marketing, accounting or other technical or financial data, which,
if released, would provide a competitive advantage to any other persons or business
engaged in similar or related activities;
4. Proprietary information which a manufacturer, consultant or provider reasonably expects
to be kept privileged or confidential to protect the property interests of persons providing
the information or data; and
5. Personal information other than name and address given to the city with the legitimate
expectation of privacy in conjunction with licenses,permits or other municipal services.
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(c) This chapter shall not be construed to require disclosure of the following law enforcement
records or information:
1. Records or information compiled for law enforcement purposes,but only to the extent that
the products of the law enforcement records or information:
a. Could reasonably be expected to interfere with enforcement proceedings;
b. Would deprive a person of a right to a fair trial or an impartial adjudication;
c. Could reasonably be expected to constitute an unwarranted invasion of the personal
privacy of a suspect, defendant, victim, or witness;
d. Could reasonably be expected to disclose the identity of a confidential source;
e. Would disclose confidential techniques and procedures for law enforcement
investigations or prosecutions;
f. Would disclose guidelines for law enforcement investigations or prosecutions if the
disclosure could be expected to risk circumvention of the law; or
g. Could reasonably be expected to endanger the life or physical safety of an individual.
2. Name, address, telephone number or other identifying information about complainants in
actions to enforce building, zoning, environmental or other municipal ordinances or
regulations.This subsection does not protect from disclosure the contents of the complaint,
so long as the complainant is not identifiable; or, the name of the complainant when such
disclosure becomes necessary to fair and just disposition of the charge or complaint in
enforcement proceedings.
(d) This chapter shall not be construed to require disclosure of the following personnel records or
information:
1. City personnel records, including employment applications and examination materials,
financial status,medical records which reveal the medical status of any specific individual
and, in addition, those records the disclosure of which would constitute an unwarranted
invasion of privacy. This subsection does not protect from disclosure the following
personnel information:
a. Employment applications and examination materials of city officials appointed by the
city council;
b. The names and position titles of all city employees;
c. The position held by a city employee;
d. Prior positions held by a city employee;
e. Whether a city employee is in a collective bargaining unit;
f. The dates of appointment and separation of a city employee; and
g. The compensation authorized for a city employee. A city employee has the right to
examine the employee's own personnel files and may authorize others to examine those
files.
2. Information which municipal governments engaged in collective bargaining regularly
consider to be privileged or confidential for purposes of successful collective bargaining.
II (e) This chapter shall not be construed to require disclosure of the following privileged records or
information:
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1. Communications between any agency and the city attorney which contain legal questions
concerning potential, pending or actual litigation. This subsection does not protect from
disclosure documents that were public records prior to the commencement of the litigation,
and public records that are otherwise subject to disclosure may not be protected from
disclosure by mere submission to the attorney. Any documents marked "confidential"
which are submitted to the agency from the municipal attorney's office shall only be
produced if the city attorney so authorizes. With respect to a person involved in litigation,
the records sought shall be disclosed in accordance with applicable court rules; and
2. Information obtained by and in the custody of insurance carriers insuring the city and their
attorneys and agents regarding possible and pending claims against the city.
(f) This chapter shall not be construed to require disclosure of records or information specifically
prepared for or produced during a legally convened executive session;provided,however,that
public records which are otherwise subject to disclosure may not be protected from disclosure
by mere submission during an executive session.
(g) This chapter shall not be construed to require disclosure of public records to a person
involved in litigation.All such records sought shall be disclosed in accordance with the rules
of procedure applicable in a court or administrative adjudication. In this section, "involved
in litigation" means a party to litigation or representing a party to litigation, including
obtaining public records for the party.
2.05.032 -Filing of exempt records.
City records classified as exempt from public disclosure under section 2.05.030 shall be
maintained in files providing a physical separation from general city records subject to public
review.
2.05.035-Denial of request; appeal.
A. If the city official who is the custodian of a record considers the information requested to be
privileged or confidential pursuant to applicable federal, state or city law, within ten working
days of receiving the request he shall prepare and provide the party requesting the information
a written statement setting forth the following information:
1. Date;
2. Item of information requested;
3. The specific provision of applicable state, federal or city law exempting the requested
information from disclosure;
4. The title and signature of the person withholding the information; and
5. The right of the requester to appeal the decision pursuant to subsection(b)herein.
B. In the event a party is denied access to requested information under the provisions of subsection
(A)of this section,he may submit a written appeal within ten days to the city manager. Failure
to timely appeal will result in a waiver of any subsequent right of appeal. Within ten days of
receiving the appeal, the city manager shall issue a written response to the requester, either
granting or denying the appeal and notifying the requester of his right to appeal the decision to
the city council at the next regular or special scheduled meeting occurring at least 30 days
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following the date of the appeal. The city council shall issue a written decision within 30 days
of hearing an appeal, which shall be the final and binding authority. The final decision of the
city council is appealable to the Superior Court pursuant to the rules of procedure governing
appeals to the Superior Court.
2.05.037-Notice regarding personal information.
A. When the city requests personal information that may be included in a public record directly
from the person who is the subject of the information, the city shall give the person a written
notice at the time of the request that states:
1. The name and address of the city department;
2. The citation of the statute or regulation that authorizes the city to request the information;
3. A statement indicating whether the person is required to supply the information;
4. The consequences to the person, if any, of not providing all or part of the requested
information;
5. A statement of the city's anticipated uses of the information, including the city's internal
uses of the information and disclosure of the information to other city departments;
6. The fact that the information may be subject to inspection and copying under Seward City
Code Chapter 2.05; and
7. A statement summarizing how a person may challenge under section 2.05.03 8 the accuracy
or completeness of personal information maintained by the city.
B. This section does not apply to a request for information on a person if:
1. The request is made by a police officer;
2. The person is a city employee;
3. The information is related to litigation;
4. The information is being collected by the city when investigating a possible violation of
law; or
5. The information is exempt from inspection and copying under section 2.05.030.
2.05.038- Challenging accuracy of personal information.
A. A person who is the subject of personal information that is maintained by the city and not
exempt from public disclosure under section 2.05.030 may challenge the accuracy or
completeness of the personal information.
B. To challenge the accuracy or completeness of personal information under subsection(a)of this
section, the person must file with the city a written request that the personal information be
changed. The request must provide:
1. A description of the challenged personal information;
2. The changes necessary to make the personal information accurate or complete; and
3. The person's name and the address where the city may contact the person.
C. Within 30 days after receiving a written request made under subsection(b) of this section, the
111 city may request verification of the disputed personal information from the person who made
the request.
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D. Within 30 days after receiving the written request under subsection (b) of this section or the
verification under subsection(c)of this section,the city shall review the request and:
1. Change the personal information according to the request and notify the person in writing
of the change; or
2. Deny the request and notify the person in writing of the reasons for the decision and the
name,title, and business address of the person who denied the request.
E. If a request is denied under subsection(d)of this section, the person may provide to the city a
concise written statement that states the person's reasons for disagreeing with the decision. The
city shall maintain in its records the request made under subsection(b) of this section and the
statement provided by the person under this subsection. On all of the city's records that contain
the disputed information,the city shall clearly note which portions of the records are disputed.
If the record is in electronic form, the city may note the dispute in one field of the electronic
form and maintain the other information about the dispute in paper form.
F. This section does not apply to criminal intelligence or criminal investigative records, city
personnel or retirement system records, records of applicants for employment with the city or
information in documents recorded under AS 40.17.
2.05.040-Records retention and disposal schedule.
A general government records retention and disposal schedule, meeting all requirements set by
state and federal law, shall be established by resolution of the council and shall be administered
by the city clerk.
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.
r The c ciil shall be the judge of the election and g alif:cations of its mberms
2.10.012 Term of office.
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.
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A The shall be elected by d.' et.ote of the alified eleeto third year_at the
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2.10.020 - Organization of council; election of vice-mayor and seating arrangement.
A. The city council shall meet and organize not later than thirty(30) days after each regular city
election.
B. At 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.
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 by law or the city council. He shall
be presiding officer of the council;
b. Be presiding officer of the council at all council meetings and recognized as the head of
the city for all ceremonial purposes.
c. Be a member of 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 shall possess all duties provided for or required by law or the city council.
C. Acting mayor.
1. In the absence of the mayor and the vice mayor, and if a quorum 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.
2. The acting mayor shall possess all duties provided for or required by law or the city council.
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 in accordance with Charter
Section S.S.
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B. The public shall be given a reasonable opportunity to be heard at all regular and special
meetings.
2.10.030- Meetings.
A. Regular meetings.
1. Regular city council meetings shall be held in the Seward City Hall council chambers,
unless otherwise designated by the council.
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. 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.
3. No business shall be transacted at any special meeting of the council except that stated in
the meeting notice.
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. 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 a quorum present and all
absent members waived, in writing,the required notice requirements.
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. 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 action shall be taken by the council on any matters discussed in the work session until
the matter is placed on a regular or special meeting council agenda.
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.
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
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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.
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.
2.10.36 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.
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.
SEWARD,ALASKA
ORDINANCE 2023-002
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.
5. Six-hour notice for a special meeting due to an emergency shall suffice.
2.10.046 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. 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.
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.
SEWARD, ALASKA
ORDINANCE 2023-002
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 for
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;
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, the vacancy shall be filled in accordance with Charter Section 2.13.
1 Moro than two . eeks before the a ndidate filing n od If the .
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days ith the n nted � ntil the n xt time when terms of elective
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„fficers begin if the red term of the ated office extends beyond the n xt
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be filled at the n xt r ular city election then nil shall not fill the ntil
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C. Process for filling vacancies. The process for filling vacancies in this section is:
SEWARD,ALASKA
ORDINANCE 2023-002
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.
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.
2.10.066 Agenda.
A. Order of business. The order of business for the regular meetings of the city council shall be
as follows:
1. Call to Order;
2. Pledge of Allegiance;
3. Roll Call;
4. Citizen Comments of any Subject Except those Items Scheduled for Public Hearing;
5. 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
f. Presentations
7. Consent Agenda
a. Minutes of Preceding Meeting
b. Introduction of Ordinances
c. Resolutions
SEWARD,ALASKA
ORDINANCE 2023-002
d. Action Memoranda
e. Other Items
8. Public Hearings
a. Ordinances for Enactment
b. Resolutions Requiring Public Hearing
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
1. Planning& Zoning Commission
2. Port& Commerce Advisory Board
3. Historic Preservation Commission
b. Other Items
12. Citizen Comments
13. Council;and Administration Comments and Response to Citizen Comments
14. Executive Session
15. Adjournment
B. Consent agenda—use of.
1. 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. If an item is removed from the consent agenda,
the item shall be considered under the regular meeting agenda.
3. 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.
4. 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.
5. No matters other than those on the agenda shall be acted upon by the city council;provided,
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.
SEWARD,ALASKA
ORDINANCE 2023-002
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 12:00p.m.
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.
2.10.076 Minutes.
A. The minutes of the council shall be kept by the city clerk and shall be in a book kept for that
purpose with a record of each particular type of business transaction set off in paragraphs,with
proper subheads.
B. The city clerk shall be required to make a record only of the business actually passed upon by
a vote of the council and shall not be required to make a verbatim transcript of the proceedings;
provided,that a record should be made of the names of the persons addressing the council,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 the member's remarks on any subject be recorded in the minutes verbatim as a matter of
public record.
C. Unless the reading of the minutes of a council meeting is requested by the majority of the
council, the minutes may be approved without reading if the clerk has previously furnished
each council member with a copy.
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.
2.10.086 Rules of order.
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.
B. Presiding officer may debate and vote. The presiding officer may move, second and debate
from the chair, subject only to the limitations of debate 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 acting as presiding officer.
SEWARD,ALASKA
ORDINANCE 2023-002
C. 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 to the
question under debate, avoiding all improper language and references to personalities.
D. Interruptions. A council member, once recognized, shall not be interrupted in speaking unless
to call the member to order or as herein otherwise provided. If a council member, while
speaking, is called to order the member shall cease speaking until the question of order be
determined and, if in order,the member shall be permitted to proceed.
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 city 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.
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:
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.
2.10.091 Addressing the council by the public.
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, and, unless further time is granted by the
presiding officer, shall limit their address to the time limits specified on the council agenda.
B. Public hearings.
SEWARD,ALASKA
ORDINANCE 2023-002
1. Unless further time is granted by the presiding officer, each person testifying under public
hearing shall limit their presentation to five minutes.
2. The city 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 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.
C. 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.
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)".
2.10.100 Decorum.
A. Council members. When the council is in session, 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. Other persons. Any person making personal, impertinent, threatening or slanderous remarks,
or who shall become boisterous while addressing the council, shall immediately,be barred by
the presiding officers from further audience at the meeting before the council, unless
permission to continue be granted by a majority vote of the council.
C. Enforcement.
1. The chief of police shall be ex officio sergeant-at-arms of the council.
2. The chief shall carry out all orders and instructions by the presiding officer for the purpose
of maintaining order and decorum in the council chambers.
SEWARD,ALASKA
ORDINANCE 2023-002
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 the person under arrest, or both.
2.10.105 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.
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2.10.115 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.
2.10.120 Processing of city 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 immediately forwarded to the city manager for
timely attention.
B. All administrative business referred to in the communications and not necessarily requiring
council action may be disposed of between council meetings; provided, all action taken
pursuant to 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 the communications shall be provided to the council.
SEWARD,ALASKA
ORDINANCE 2023-002
2.10.125 Compensation.
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. 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.
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.
Chapter 2.15.- Ordinances And Resolutions
2.15.010-Methods of council action.
(a) Except as otherwise provided in this code and Charter,city council shall take legislative action
only by means of an ordinance or resolution.
(b) Except as otherwise provided in this code and Charter, council may direct the city attorney,
city clerk, and/or city manager via motion so long as motions regarding substantive directives
are included on the agenda before a vote is taken on such motions.
2.15.015- Preparation.
A. All ordinances, except ordinances initiated by the electors of the city under the provisions of
the Home Rule Charter§ 4.6, shall be prepared in writing and approved as to form by the city
attorney.
B. No ordinance shall be prepared for presentation to the council unless ordered by the majority
vote of the council or requested by the city manager, or prepared by the city attorney or the
city clerk on his their own initiative.
2.15.020-Title.
Each ordinance and resolution shall be preceded by a brief title which shall indicate the subject or
contents thereof.
2.15.025 - Ordaining clause.
SEWARD,ALASKA
ORDINANCE 2023-002
The ordaining clause of all ordinances enacted by the city council shall be: "The City of Seward
Ordains." The ordaining clause of all ordinances enacted by the people shall be: "The People of
The City of Seward Ordain."
2.15.030 - Prior approval by city attorney, etc.
A. All ordinances, except ordinances initiated by the electors of the city under the provisions of
City Charter§4.6,shall have been approved as to form by the city attorney or his the attornev's
authorized representative prior to presentation to the city council.
B. All ordinances and resolutions addressing substantial administrative matters shall have been
examined for the administration by the city manager or his the ,nana2er's authorized
representative prior to presentation to the city council.
C. Resolutions and contracts of the city shall be reviewed and approved as to form by the city
attorney only upon request of the city manager or the city clerk.
2.15.035 - Introduction; public hearing; amendment; publication.
A. (a)An ordinance or resolution may be sponsored by the city manager, city clerk, city attorney,
one of the boards or commissions, the mayor or any member of the city council.
B. Ordinances and resolutions may be introduced by reading the title only and shall be read in full
only when requested by a majority of the council or unless otherwise provided by law.
C. When an ordinance or resolution has been introduced, copies thereof shall be made available
to the public in the council chambers and by in the office of the city clerk.
D. (b)No ordinance except an emergency ordinance shall be passed at the same meeting at which
it is introduced.
E. An ordinance shall be set for hearing by the affirmative vote of a majority of the votes
authorized on the question. A summary of the ordinance and its amendments, together with a
notice of time and place for public hearing, shall be posted on the bulletin board at city hall
and shall be published in one or more of the newspapers of the city. The publication must
precede the public hearing by at least five.(5)_days. Copies of the ordinance must be available
to all persons present or the ordinance must be read in full.The council shall hear all interested
citizens wishing to be heard.
F. f s}After the hearing,the council shall consider the ordinance and may enact it with or without
amendments; provided, any amendments do not change the general scope and original intent
of the ordinance. The correction of typographical or clerical errors shall not constitute an
amendment within the meaning of this section.
G. (a)Each ordinance or code provision and each resolution involving financial matters,elections
and real property transactions or establishing rules and regulations affecting the public, or as
required by the council in the passage of the specific resolution, shall be posted on the bulletin
board at city hall within a reasonable time after enactment and for the number of days between
enactment and the effective date, and a notice of the place of posting and a brief statement of
the purpose of the ordinance or code provision shall be published in one or more of the
newspapers of the city within a reasonable time.
SEWARD,ALASKA
ORDINANCE 2023-002
2.15.040- Emergency ordinances.
A. (a) No ordinance shall be passed at the same meeting at which it is introduced unless an
emergency is declared to exist by the council.
B. 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 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.
C. The emergency ordinance may be enacted, amended and enacted,or rejected at the meeting at
which it is introduced.
D. 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.
E. The city clerk shall print and make available copies of enacted emergency ordinances and
provide for the posting and publication as set forth in § 2.15.035 D.
F. (b) 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.
G. (e)Emergency ordinances are effective for sixty days and are not codified.
2.15.045- Signatures.
A. The mayor shall sign all ordinances and resolutions as enacted and approved by the council at
the meetings in which he the mayor is in attendance; and if he the mayor is absent, the vice
mayor may sign such documents as have been enacted and approved by the council.
B. In the absence of the mayor and vice mayor, the acting mayor may sign such documents that
have been enacted and approved at the meeting at which he the acting mayor presided.
2.15.050-Effective date.
(a) The effective date of each ordinance or code provision or resolution shall be stated therein.
(b) Ordinances. All ordinances or code provisions enacted by the council shall become effective
ten CALdays after enactment; except that:
(1) All code provisions which provide for or establish a tax shall become effective not less
than thirty (30) days after enactment;
(2) All code provisions which provide for or establish a salary for an elective office shall
become effective on the Monday following the next general municipal election or such
later date as the official elected to said office qualified for office;
(3) An ordinance or code provision may become effective immediately upon enactment
providing an emergency described therein and declared to require the enactment of such
legislation to alleviate the emergency is declared to exist,pursuant to § 2.15.040.
(c) Resolutions. All resolutions passed by the council become effective immediately; except,that:
(1) Those involving real property transactions shall become effective not less than thirty (301
days following passage and approval;
(2) Those establishing rules and regulations affecting the public shall become effective not less
than ten gAdays following approval, or as otherwise provided by law.
SEWARD, ALASKA
ORDINANCE 2023-002
Chapter 2.20. - Officers and Employees
2 2n 010 A ppointed officers and terms „f effi e
„d shall at the pleasure a the c cap
otice to c ci „ta„ce of the of'fe letter a al of'the c cil.
(2) Chief of police;
(-3 I ce reetor,
(4l) Fire chief.
2.20.020 Oath , fee.
2.20.025 - Combining offices.
Two or more of the city offices provided for in this chapter may be combined by the council.
2.20.035 - City manager duties.
The city manager shall have the following duties. The city manager:
1. He Shall be the chief administrative officer of the council and shall perform the duties of his
the office under authority of and shall be accountable to the council. I e The city manager
shall supervise and coordinate the work of the appointed officers and departments of the city,
except the city attorney, city clerk and city clerk department, and he shall act as coordinator
between those officers and other administrative officers.
2. He Shall sign for the city-approved contracts, leases and agreements as authorized by the city
council.
3. He may Recommend the council's sale and lease of materials, property, equipment and real
estate of the city.
4. He-Shall negotiate such contracts and leases as the council may authorize.
5. He Shall recommend to the council a schedule of fees and rates of all types of services
performed by the city departments.
SEWARD,ALASKA
ORDINANCE 2023-002
6. He-may-Recommend to the council any basic organization and plans for the city departments
and enforce changes as approved by the council.
7. He Shall prescribe and enforce such rules and regulations as may be deemed necessary for the
operation and management of all offices and departments of the city under his the manager's
control.
8. He Shall submit annually a report on the preceding year's financial and administrative activities
of the city to the council.
9. He Shall present to council a biennial budget proposal for the city,pursuant to$g Chapter 5.05
-Budget .
10. He Shall appoint the personnel officer and provide for the management and administration of
the city personnel regulations pursuant to § Title 3 - Personnel Ordinance No. 137, as
amended.
11.He-Shall provide for long and short term and municipal planning.
12.He Shall provide input and aid in the field of economic development by working with
businesses, groups, and individuals interested in locating in Seward.
13.He Shall perform the duties as set forth in the charter.
14.He Shall perform such other duties as may be required ef-him by the council.
2.20.040- City attorney.
The position of city attorney is hereby established and the individual appointed by council shall
have the following duties. The city attorney:
1. He-Shall advise the council,and-tie city manager, city clerk, and boards, commissions, and
all offices and departments of the city, on all matters of law.
2. He-Shall draft and assist in the drafting of all ordinances,resolutions,contracts and agreements
to be made or entered into by the city, and approve the form of such instruments.
3. Me-.Shall prosecute violators of this code and other city ordinances and shall represent the city
in all actions of law.
4. He-Shall perform the duties as set forth in the charter.
5. He-Shall perform such other duties as may be required ef-him by the city manager or the city
council.
2.20.045-City clerk.
The position of city clerk is hereby established and the individual appointed by council shall have
the following duties. The city clerk:
1. He Shall be the clerk of the council, shall attend all meetings of the council and shall keep a
record of its proceedings.
2. He-Shall keep all ordinances,resolutions,contracts and agreements of the city and authenticate
such records as shall be necessary.
3. Shall publish ordinances,resolutions and other legal notices as required.
4. He-Shall administer all city elections and maintain related records.
5. He-Shall keep informed of all matters pending before the council and other bodies as council
may require.
SEWARD, ALASKA
ORDINANCE 2023-002
6. He-Shall keep and maintain appropriate files and records for the accomplishment of his duties.
7. He-Shall attest the city manager's signature on all contracts, except as otherwise provided
herein, as approved by the council.
8. He-Shall administer all oaths required by law.
9. He-Shall be custodian of the city seal and the official records of the city.
10. H -Shall have the power to appoint deputies, if needed. ,
11. He-Shall supervise the city clerk department and shall be responsible for the employment of
all employees in the city clerk department.
12. He-Shall perform the duties set forth in the charter.
13. He-Shall perform such other duties as may be required of-liim by law or the city council.
Chapter 2.25. - City Departments
2.25.035 -Engineering-and-eonstructien-department Powers ties.
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SEWARD, ALASKA
ORDINANCE 2023-002
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adequate for the needs of the Fire Department.
2.25.030-Building department-Established.
There is established the City of Seward Building Department. The principal officer shall be the
Building Official who shall fulfill the duties and have the responsibilities as set forth in the
employee's job description, and who shall be subject to the direction and supervision of the Fire
Chief
2.25.035-Building department-Powers and duties.
The Building Department shall:
A. Inspect all permitted construction work done by and for the City and require compliance
with all city adopted building and fire codes;
B. Examine all plans and specifications for compliance with applicable codes and regulations;
C. Review applications for building permits and demolition permits, and issue building permits
and demolition permits when appropriate;
D. Enforce building and fire codes by giving instructions, explaining the requirements for
construction projects to meet applicable codes, conducting inspections, issuing warnings,
notices, and orders of abatement or correction, and recommending stop work orders.
E. Perform other tasks as directed by the Fire Chief
F. Provide for the abatement of dangerous buildings and public nuisances according to law;
G. Coordinate services with the borough assessor to provide such records of building changes
which could affect the borough assessed valuation for tax purposes;
H. Assist with the investigation of collapsed buildings, fire damage, or other factors that
influence structural integrity of buildings;
L Inspect and witness the installation and testing of fire protection or fire detection systems to
determine if such systems are installed in accordance with applicable codes, regulations,
standards, and department rules;
J. Inspect the installation of foundations, floors, walls, roofs, mechanical and electrical
systems, and plumbing systems to determine if such systems are installed in accordance with
applicable laws, codes, regulations, standards, and department rules.
SEWARD,ALASKA
ORDINANCE 2023-002
2.25.037 Building Official.
The Building Official shall fulfill the duties and have the responsibilities as set forth in the
employee's job description. The Building Official shall be subject to the direction and
supervision of the Fire Chief and shall:
A. Work with departments to provide for the planning, design, construction, maintenance and
repair, and improvement of all city-owned buildings;
B. Provide necessary technical engineering services to other City departments;
C. Inspect all permitted construction work done by and for the City and require compliance
with all city adopted building and fire codes;
D. Provide other services and duties as may be reasonably related and as directed by the Fire
Chief;
E. Provide for the lawful compliance of new construction and building renovation within the
City limits by the issuance of building permits and the performance of building inspections,
regulating buildings, housing, fire zones,plumbing, heating and electrical installations;
F. Provide for the abatement of dangerous buildings and public nuisances according to law;
G. Interpret code requirements and recommend compliance procedures to contractors, craft
workers, and owners.
2.25.040 - Finance department—Established.
There is established the City of Seward Finance Department. The principal officer shall be the
Finance Director who shall fulfill the duties and have the responsibilities as set forth in the
employee's job description, and who shall be subject to the direction and supervision of the City
Manager.
2.25.045- Finance department—Powers and duties.
The Finance Department shall:
A. Formulate,recommend and administer policies and procedures on all city financial matters;
B. Prepare and maintain all necessary and appropriate financial records and statements and reports
for the city; specifically, annual and quarterly reports reflecting revenues and expenditures of
the individual departments, current monthly statements reflecting unencumbered balances for
all city accounts;
C. Review the proposed biennial budget for all departments of the city and consolidate them into
a proposed biennial city budget for presentation to the city manager and city council;
D. Establish procedures and provide for the administration of the city's various insurance policies,
advising as to the status and expiration of all the various policies;
E. Reconcile the inventory of property for the city as maintained by department directors;
F. Provide for compliance and appropriate city funding of employee retirement program;
G. Provide for telephone, cashier and utilities billing services;
H. Maintain the records as necessary for the fulfillment of the departmental function;
111 I. Provide for the payment of all valid warrants and claims against the city;
J. Provide for the city payroll function;
K. Provide other services and duties as directed by the city manager;
SEWARD,ALASKA
ORDINANCE 2023-002
L. Provide for all city purchases in conformity with the procedures established for that purpose;
M. Facilitate the completion of the annual audit and issuance of financial statements;
N. Manage and ensure sufficient cash flows to meet current and future obligations;
O. Monitor and maintain proper oversight of grant compliance and fiscal reporting;
P. Ensure timely and accurate review and reconciliation of financial accounts, including bank,
credit card, and investments as appropriate.
2.25.050-Fire department—Established.
There is established the City of Seward Fire Department. The principal officer shall be the fire
chief who shall fulfill the duties and have the responsibilities as set forth in the employee's job
description, and who shall be subject to the direction and supervision of the city manager (see
2.25.055-Fire department—Powers and duties.
The Fire Department shall:
A. Formulate, recommend and administer policies and procedures pertaining to the enforcement
of fire regulations;
B. Be responsible for the prevention of fires, the protection of life and property against fires and
the removal of fire hazards;
C. Be responsible for providing emergency services as equipment provides;
D. Be responsible for the construction,maintenance, ;
inspection, and repair of all city-owned buildings in regards to their fire alarm, fire
suppression systems, and fire extinguishers.
E. Provide for the enforcement of the fire prevention code by the inspection of businesses and
other premises for fire hazards and compliance with the Code;
F. Work with other departments to provide for the lawful compliance of new construction and
building renovation within the City limits by the issuance of building permits and the
performance of building inspections, regulating buildings, housing, fire zones, plumbing,
heating and electrical installations;
G. Work with other departments to provide for the abatement of dangerous buildings and public
nuisances, according to law;
H. Provide for the conduct of fire prevention programs;
I. Notify the borough assessor and city building inspector of all property damaged by fire within
the city;
J. Maintain the Seward Hazard Mitigation Plan and the Emergency Operations Plan.
K. Provide other services and duties as directed by the city manager.
2.25.060-Harbor department—Established.
There is established the City of Seward Harbor Department. The principal officer shall be the
harbormaster who shall fulfill the duties and have the responsibilities as set forth in the employee's
job description, and who shall be subject to the direction and supervision of the city manager.
SEWARD,ALASKA
ORDINANCE 2023-002
2.25.065-Harbor department—Powers and duties.
The Harbor Department shall:
A. Formulate, recommend and administer policies and procedures pertaining to the operation of
the Seward Harbor and its facilities, and the Seward Marine Industrial Center (SMIC) and
its facilities;
B. Collect harbor fees and charges and maintain such records as are necessary for the fulfillment
of the department function;
C. Provide for the enforcement of all city regulations pertaining to the harbor and SMIC;
D. Provide other services and duties as directed by the city manager.
2.25.070-Electric utility department—Established.
There is established the City of Seward Electric Utility Department. The principal officer shall be
the manager of electric utility director who shall fulfill the duties and have the responsibilities as
set forth in the employee's job description,and who shall be subject to the direction and supervision
of the city manager
2.25.075-Electric utility department—Powers and duties.
The electric utility department shall:
A. Recommend a schedule of fees and rates to be charged for services performed by the electric
department;
B. [Reserved.]
C. Provide other services and duties as may be reasonably related and as directed by the city
manager;
D. Provide policies and procedures pertaining to the management,operation,design,construction,
repair, development, maintenance, improvement and extension of the electric utility owned
and operated by the city;
E. Maintain such maps and records as are necessary for the fulfillment of the departmental
function and record thereon any changes on the official copy,which shall be filed with the city
clerk and maintained by the department;
F. Obtain easements necessary for the maintenance and extension of the electrical system;
G. Provide advice and assistance in formulating policies and rate schedules to be used in the sale
of services and answer customers' inquiries regarding the electrical tariff;
H. Install,maintain and operate the street lighting system of the city;
I. Provide for the necessary inspections relative to new and extended electrical services.
2.25.080 - Public works department—Established.
There is established the City of Seward Public Works Department. The principal officer shall be
the public works director who shall fulfill the duties and have the responsibilities as set forth in
the employee's job description, and who shall be subject to the direction and supervision of the
city manager.
2.25.085- Public works department—Powers and duties.
SEWARD,ALASKA
ORDINANCE 2023-002
The public works department shall:
A. Work with the engineering and construction and electric utility departments to provide for the
planning, design, construction, maintenance and repair, and improvement of all public works
owned or operated by the city;
B. Recommend a schedule of fees and rates to be charged for services performed by his
department;
C. Provide other services and duties as may be reasonably related and as directed by the city
manager;
D. Maintain such maps and records as are necessary for the fulfillment of the departmental
function and record thereon any changes on the official copy,which shall be filed with the city
clerk and maintained by the department;
E. Provide advice and assistance in formulating policies and rate schedules to be used in the sale
of services and answer customers' inquiries regarding the water and sewer services;
F. Operate the city garage and machine shop,keeping a record of the work performed;
G. Maintain the operating records of all motorized equipment used or operated by the city;provide
for a preventive maintenance program for all mechanical equipment owned and operated by
the city; provide maintenance for all public buildings and mechanical equipment of the city;
H. Be responsible for the function and maintenance of all markings for traffic control placed upon
the streets or curbs;
I. Provide policies and
procedures pertaining to the management, operation, design, construction, repair,
development,maintenance,improvement and extension of the city water and sewer utilities;
J. Cooperate and coordinate departmental efforts with the fire department
in the installation, repair and maintenance of a water system
adequate for the needs of the fire department; provide for the necessary inspections relative to
new and extended water and sewer services.
2.25.090 - Police department—Established.
There is established the City of Seward Police Department. The principal officer shall be the chief
of police who shall fulfill the duties and have the responsibilities as set forth in the employee's job
description, and who shall be subject to the direction and supervision of the city manager(see-§
2.25.095 -Police department—Powers and duties.
The Police Department shall:
A. Operate and maintain the contracted, community City jail facility;
B. Enforce all traffic regulations (see title 11);
C. Be responsible for the preservation of public peace and order, the prevention and detection of
crime and apprehension of offenders, the protection of persons and of property, and the
enforcement of the law;
D. Provide for the annual sale of unclaimed property at public auction or as specified by law;
E. Coordinate law enforcement activities with other governmental entities;
SEWARD,ALASKA
ORDINANCE 2023-002
F. Operate and maintain the City animal control shelter and provide for the administration of the
animal control laws (see chapter 9.05);
G. Maintain all related department records as required;
H. Provide other services and duties as directed by the City Manager;
I. Operate and manage the Department of Motor Vehicles (DMV) services throuzh state
contract.
2.25.120- Parks and recreation department—Established.
There is established the City of Seward Parks and Recreation Department. The principal officer
shall be the parks and recreation director who shall fulfill the duties and have the responsibilities
as set forth in the employee's job description, and who shall be subject to the direction and
supervision of the city manager.
2.25.125- Parks and recreation department—Powers and duties.
The Parks and Recreation Department shall:
A. Organize various recreational programs for individuals of all ages within the City;
B. Coordinate recreational activities and programs with the Kenai Peninsula Borough Community
Schools programs and other local recreational entities;
C. Maintain City recreational facilities;
D. Provide for the operation, maintenance and collection of fees for the municipal campgrounds
and parking facilities;
E. Provide other services and duties as directed by the City Manager.
2.25.130-Library museum department—Established.
There is established the City Library Museum Department.The principal officer shall be the library
museum director, who shall fulfill the duties and have the responsibilities as set forth in the
employee's job description and who shall be subject to the direction and supervision of the city
manager.
2.25.135-Library museum department—Powers and duties.
The Library Museum Department shall:
A. Assemble, preserve and administer, in organized collections, books and related educational
and recreational material in order to promote the communication of ideas and enrich the
personal lives of residents of the City of Seward;
B. Collect, preserve and make accessible materials relating to the history of Seward, the
Resurrection Bay area and the eastern Kenai Peninsula of the State of Alaska;
C. Organize library and museum related programs for residents of the City of Seward;
D. Consult with the Seward Community Library Association,Inc.,a nonprofit Alaska corporation,
which may serve in an advisory capacity to the Library Director and the City Council on
matters of interest to the community with respect to the operation of the City Library and its
programs;
SEWARD,ALASKA
ORDINANCE 2023-002
E. Consult with the Resurrection Bay Historical Society, Inc., a nonprofit Alaska corporation,
which may serve in an advisory capacity to the Library Museum Director and the City Council
on matters of interest to the community with respect to the operation of the City Museum and
its programs;
F. Manage, operate and maintain the city's library museum facilities and programs, including
materials and collections.
G. Provide other services and duties as directed by the City Manager.
2.25.140- Community development department—Established.
There is established the City of Seward Community Development Department. The principal
officer shall be the community development director who shall fulfill the duties and have the
responsibilities as set forth in the employee's job description and who shall be subject to the
direction and supervision of the city manager.
2.25.145 -Community development department—Powers and duties.
The Community Development Department shall:
A. Provide for long and short term and municipal planning with regard to the city comprehensive
plan, land use plan and other internal plans for the use of city owned lands;
B. Provide overall management, as coordinated with other departments, of City owned lands and
tidelands to include their use,development, lease, acquisition, sale, appraisal and platting;
C. Formulate, recommend and administer policies and procedures pertaining to City zoning
regulations;
D. Develop and maintain demographic and other resource information about Seward;
E. Provide staff services in the field of community promotions such as development of City
displays, graphics and brochures;
F. Provide staff services in the field of economic development by working with businesses,
groups and individuals interested in locating in Seward by supplying land use, permitting and
statistical information;
G. Maintain a reference library of plans, reports and documents about or pertaining specifically
to Seward; and
H. Provide other services and duties as directed by the City Manager.
2.25.150-City clerk department—Established.
There is established the City of Seward City Clerk Department. The principal officer shall be the
city clerk who shall fulfill the duties and have the responsibilities as set forth in Charter Section
5.5 and section 2.20.045 of this Code and who shall be subject to the direction and supervision of
the city council.
2.25.155- City clerk department—Powers and duties.
The city clerk department shall perform the duties of the city clerk set forth in Charter Section 5.5
and section 2.20.045 of this Code.
SEWARD,ALASKA
ORDINANCE 2023-002
2.25.160—Information technology department—Established.
There is established the City of Seward Information Technology Department The principal
officer shall be the information technology director who shall fulfill the duties and have the
responsibilities as set forth in the employee's job description and who shall be subject to the
direction and supervision of the city manager.
2.25.165—Information technology department—Powers and duties.
The Information Technology Department shall:
A. Implement and perform all functions necessary for operations of the city information
systems.
B. Oversee the information technology.
C. Provide other services and duties as directed by the City Manager.
Chapter 2.30. - Boards and Commissions
Article 1. Reserved.
Article 2. - Seward Planning and Zoning Commission
2.30.210-Established.
A. Composition. There is created the Seward Planning and Zoning Commission, consisting of
seven citizens, all of whom shall reside in the city and who shall be appointed by the council.
1. If there is more than one applicant for the position, the council shall appoint by ballot
voting.
2. Applicants must receive at least four votes in order to be appointed.
3. No officer or employee of the city may be an appointed member of the commission.
B. Chair and vice chair.
1. The commission shall select a chair and vice chair annually.
2. The chair shall preside at all commission meetings,may participate in the debate,and vote
on any matter of the commission.
3. In the absence of the chair, the vice chair shall exercise all the powers of the chair.
2.30.215-Terms of office; filling vacancies.
A. Members of the Seward Planning and Zoning Commission shall be appointed for three years;
provided that the terms of initial appointments shall be staggered so that as nearly as possible
a pro rata number of members shall be appointed each year.
B. The council may appoint any qualified person to fill a vacancy of any member of the
commission;provided,that the appointment shall be for the unexpired term of the vacancy.
SEWARD,ALASKA
ORDINANCE 2023-002
C. Following a member's absence from three consecutive regular meetings in a 12-month period
of the commission, the remaining commission members shall decide whether the
commissioner should be retained or whether to request council appointment of a new member.
2.30.217 Staff assistance to commission.
A. The city manager, or designee, shall:
1. Assist the commission and shall be qualified by special training and experience in the field
of city planning;
2. Will be the regular technical advisor of the commission, but shall not have the power to
vote.
B. City staff shall provide a clerk to the commission. The clerk shall:
1. Properly advertise the meetings as required by the Alaska Open Meetings Act;
2. Prepare the commission packet; and
3. Attend the commission meeting and keep a record of commission proceedings.
2.30.118 Quorum.
Four members of the commission shall constitute a quorum for the transaction of business; except
that, in the absence of a quorum, any number less than a quorum may adjourn the meeting to a
later date.
2.30.220-Meetings.
A. Regular meetings. Regular meetings shall be held at 7:00 p.m. in the city council chambers on
the first Tuesday of each month.
B. Special meetings. Special meetings may be held at the call of the chair or the city manager,
and at such other times as the commission may determine.
C. Meetings open to the public. All meetings and records of the commission shall be open to the
public.
D. Meeting rules of proceedings. Meetings shall be conducted under the current edition of
Robert's Rules of Order,Newly Revised Edition.
2.30.221 -Meetings—Time restrictions.
A. The commission shall take no official action or address any other items on the agenda after
10:30 p.m. and shall adjourn any regular or special meeting no later than 10:30 p.m.
1. The time for conclusion of business and adjournment is mandatory.
2. In the event the commission's business has not been completed by the time set herein, the
commission may recess the meeting to another day, call a special meeting to complete the
agenda and adjourn, or adjourn.
B. If the meeting is adjourned without making other provisions for completion of the agenda
items, then such uncompleted matters shall be presented at the next regularly scheduled
commission meeting under the agenda section for unfinished business.
C. The commission shall not adjourn prior to 10:30 p.m. unless all agenda items have been
addressed,and presentations and comments by members of the general public have been heard.
SEWARD,ALASKA
ORDINANCE 2023-002
2.30.223 Voting.
The affirmative votes of at least a majority of those Commissioners present shall be required for
official action unless a larger majority is required by law.
2.30.224 Minutes.
A. The clerk to the commission shall keep minutes of all meetings.
B. The minutes shall record the vote of each member on every question.
C. The minutes shall be filed with the City Clerk's Office and shall be a public record.
2.30.225-Powers and duties.
A. The commission shall perform the following duties:
1. Interpret the provisions of this title and make compliance determinations when requested
by the administrative official;
2. Review and act upon requests for variance permits, conditional use permits, and other
matters requiring consideration under the Seward Zoning Code;
3. Review the City of Seward Comprehensive Plan on an annual basis and conduct a
minimum of one public hearing. Said recommendations shall be forwarded to the council
111 for consideration; and
4. Promote public interest and understanding of comprehensive planning, platting, zoning,
land management and other issues relating to community planning and development.
B. The commission shall act in an advisory capacity to the city council regarding the Seward
Zoning Code,Seward Comprehensive Plan,Official Zoning Map,Official Land Use Plan Map,
and other duties as requested by the city council.
C. The commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning
Commission regarding the following matters:
1. Subdivision plat proposals;
2. Right-of-way and easement vacation petitions;
3. Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan
development,updates and amendments; and
4. City of Seward Comprehensive Plan amendments not otherwise delegated to the City of
Seward.
D. The commission shall have no authority to solicit or commit city funds without first obtaining
approval of the city council.
2.30.230—Compensation of commissioners.
A. Commissioners shall be compensated for service on the planning and zoning commission at
the rate of$100 per month; and
B. Each commissioner shall be paid quarterly on the payday for the first pay period ending in
January, April, July and October of each year.
Article 3. - Port and Commerce Advisory Board
SEWARD, ALASKA
ORDINANCE 2023-002
2.30.310 - Established.
A. Composition. The port and commerce advisory board is hereby created, consisting of seven
residents of the City of Seward or surrounding areas,and who shall be appointed by the council.
1. If there is more than one applicant for the position, the council shall appoint by ballot voting.
2. Applicants must receive at least four votes in order to be appointed.
3. No officer or employee of the city may be appointed a member of the board.
B. Chair and vice chair.
1. The board shall select a chair and vice chair annually. A chairman of the board shall be
2. The chair shall preside at all board meetings, may participate in the debate, and vote on any
matter of the board.
3. In the absence of the chair, the vice chair shall exercise all the powers of the chair.
C The city i ill a „t ., city .. ployee to officio m b f ►,t
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2.30.315 - Terms of office; filling vacancies.
A. Members of the port and commerce advisory board shall be appointed for a term of three years;
provided, that the terms of initial appointments shall be staggered so that as nearly as possible
a pro rata number of members shall be appointed for each year.
B. The council may appoint any qualified person to fill a vacancy of any member of the board
provided that the appointment shall be for the unexpired term of the vacancy.
C. Following a member's absence from three consecutive regular meetings of the board, the
remaining board members shall decide whether the board member should be retained or
whether to request council appointment of a new member.
D. Members shall not be paid for services on the board or participation in board activities without
prior approval of the city council.
3.30.317 Staff assistance to board.
A. The city manager, or designee, shall:
3. Assist the board and shall be qualified by special training and experience in the field of
ports, harbors, and commerce;
4. Will be the regular technical advisor of the board, but shall not have the power to vote.
C. City staff shall provide a clerk to the board. The clerk shall:
4. Properly advertise the meetings as required by the Alaska Open Meetings Act;
5. Prepare the board packet; and
6. Attend the board meeting and keep a record of board proceedings.
2.30.320 - Meetings and quorum.
A. The board will meet at a time and place to be designated by the board. In selecting its meeting
place, the board shall consider the reasonable accommodation of the public. 111
SEWARD,ALASKA
ORDINANCE 2023-002
B. Four members of the board shall constitute a quorum for the transaction of business except
that, in the absence of a quorum, any number less than a quorum may adjourn the meeting to
a later date.
C. The affirmative votes of at least a majority of those board members present shall be required
for any action.
D. ' . The beard clerk to the
commission shall keep minutes of proceedings showing the vote of each member upon each
question and shall keep records of any actions, all of which shall be immediately filed in the
office of the city clerk and shall be a public record.
2.30.325- Powers and duties.
A. It shall be the responsibility of the port and commerce advisory 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 city council. The annual report shall include,
at the minimum, a report on the prior year's activities, and a list of
the uvcomin2 year's planned activities -a
2. Make recommendations to the city council concerning the design and coordination of
projects to promote and develop transportation, trade, energy and commerce throughout
Seward;
3. Provide input to the city council on policy and procedural matters involving the
establishment and continuance of commercial activity, improving the quality of life and
protecting the public's best interest;
4. Advise the city council on matters involving the establishment of support services towards
the objectives outlined in subsections 2.30.325(a)(2) and 2.30.325(a)(3);
5. Perform other duties as requested by the city council.
B. The board shall have no authority to solicit,expend or commit city funds without first obtaining
approval by and any necessary appropriations from the city council.
230330 Continuation.
Article 4. -Historic Preservation Commission
2.30.410-Established.
A. An historic preservation commission is hereby created, consisting of seven residents of the
City of Seward or surrounding areas, who shall be appointed by the council. If there is more
than one applicant for the position,the council shall appoint by ballot voting. Applicants must
receive at least four votes in order to be appointed. No officer or employee of the city may be
appointed a member of the commission.
SEWARD,ALASKA
ORDINANCE 2023-002
B. To the extent available in the community, three commission members shall be professionals,
as defined in Appendix A of 36CFR 611, from the disciplines of history, architecture or
architectural history and archaeology. If the commissioners are not professionals in the
disciplines of history, architecture or architectural history, and archaeology, then consultants
in these disciplines will be appointed as consultants to the historic preservation commission.
Consultant appointments shall be approved by the historic preservation commission and must
be qualified under the standards defined in Appendix A of 36 CFR 61.
C. A chairman of the commission shall be selected annually by the appointed members.
D. The city manager, or designee, shall assist the commission and shall be qualified by special
training and experience in the field of historic preservation. City staff will be the regular
technical advisor of the commission, but shall not have the power to vote.
E. City staff shall provide a clerk to the commission. The clerk shall:
1. Properly advertise the meetings as required by the Alaska Open Meetings Act;
2. Prepare the commission packet; and
3. Attend the commission meetings and keep a record of commission proceedings.
'Footnote:36 CFR Part 61,Appendix A—Professional Oualifications Standards;Code of Federal Regulations,
Procedures for Approved State&Local Government Historic Preservation Programs;related to Certified
Local Governments(CLG).
2.30.415 -Terms of office; filling vacancies.
A. Members of the historic preservation commission shall be appointed for a term of three years,
provided that the terms of initial appointments shall be staggered so that as nearly as possible
a pro rata number of members shall be appointed for each year.
B. The city council, may appoint any qualified person to fill a vacancy of any member of the
board provided that the appointment shall be for the unexpired term of the vacancy.
C. Following a member's absence from three consecutive regular meetings of the commission,
the remaining commission members shall decide whether the commission member should be
retained or whether to request council appointment of a new member.
2.30.420-Meetings and quorum.
A. The commission will meet at least twice each year at a time and place to be designated by the
commission.
B. Four members of the commission shall constitute a quorum for the transaction of business,
except that, in the absence of a quorum, any number less than a quorum may adjourn the
meeting to a later date. The affirmative votes of at least a majority of those commission
members present shall be required for any action.
C. . The commission
clerk to the commission shall keep minutes of proceedings showing the vote of each member
upon each question and shall keep records of any actions, all of which shall be immediately
filed in the office of the city clerk and shall be a public record.
2.30.425 - Powers and duties.
SEWARD,ALASKA
ORDINANCE 2023-002
A. It shall be the responsibility of the historic preservation commission to:
1. Develop a local historic plan that will include provisions for identification,protection and
interpretation of the area's significant resources. Such a plan is to be compatible with the
Alaska Historic Preservation Plan and to produce information compatible with and for the
Alaska Heritage Resources Survey.
2. Survey and inventory community historic architectural and archaeological resources within
the community.
3. Review and comment to the state historic preservation officer on all proposed National
Register nominations for properties within the community area.
4. Act in an advisory role to other officials and departments of local government regarding
the identification and protection of local historic and archaeological resources.
5. Work toward the continuing education of citizens regarding local historic preservation and
community history.
6. Support the enforcement of the Alaska Historic Preservation Act, AS 41.35.
7. Review local projects and recommendations about the effect on properties identified in the
local historic preservation inventory.
B. The commission shall have no authority to solicit, expend or commit city funds without first
obtaining approval by and any necessary appropriations from the city council.
Chapter 2.35.- Indemnification
2.35.010-Definitions.
As used in this chapter:
A. Claim means any claim, demand, administrative proceeding, arbitration or lawsuit.
B. Employee means any individual who currently serves, or in the past has served, as any of the
following:
1. An officer of the city, as defined in section 2.1 of the Charter.
2. An appointed member of any city board, commission or committee.
3. An employee of the city.
C. Employment means rendering services to the city as an employee.
2.35.015-Indemnification.
Subject to the conditions and limitations set forth in this chapter, the city shall defend, indemnify
and hold harmless an employee against any claim resulting from any conduct, act or omission of
such employee within the scope of employment by the city.
2.35.020-Exclusions.
A. The city's obligations under section 2.35.015 shall not apply to any claim against an employee:
1. Based upon the gross negligence, willful misconduct, or dishonest, fraudulent or criminal
conduct, of the employee; or
2. By or on behalf of the city, including without limitation any action initiated by the city
under title 3 of this code.
SEWARD,ALASKA
ORDINANCE 2023-002
B. The obligations of the city under section 2.35.015 shall not apply to the extent that the
employee is indemnified or defended under:
1. A policy of insurance provided by or on behalf of the city; or
2. An agreement between the city and a third party.
C. Nothing in subsection(a) of this section shall limit the coverage of any policy of insurance or
agreement between the city and a third party that otherwise would provide for the
indemnification or defense of an employee.
2.35.025- Determination of exclusion.
The city attorney, or an attorney designated by the council, shall determine whether the city's
obligations under section 2.35.015 apply to a claim against an employee. There shall be no appeal
from such determination, except to the superior court by an action for declaratory judgment.
2.35.030- Conditions to indemnification and defense.
The city's obligations under section 2.35.015 shall not apply to any claim against an employee
where the employee fails or refuses to comply with any of the conditions in sections 2.35.035
through 2.35.045.
2.35.035-Cooperation in defense and settlement.
The employee shall cooperate in the defense and settlement of the claim, including without
limitation:
A. Promptly giving the city attorney written notice of any incident potentially giving rise to a
claim against the employee, which notice shall identify the employee and provide all
information concerning the incident known to the employee, including without limitation the
date, time, place and circumstances of the incident, the names and addresses of all persons
allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses;
B. Forthwith delivering to the city attorney any claim,demand,notice, summons or other process
received by the employee and relating to the claim;
C. Cooperating with the city attorney or attorney designated by the council in defending the claim,
including without limitation attending interviews, depositions, hearings and trials, responding
to discovery requests, and assisting in securing and giving evidence and obtaining attendance
of witnesses;
D. Assisting the city in recovering any award for subrogation, contribution or indemnity against
any third person that may arise from the claim from which the city indemnifies or defends the
employee.
2.35.040- Control of defense.
The city shall have the sole right to control the defense and settlement of the claim. Defense of the
claim shall be provided by the city attorney or other attorney designated by the council to represent
the city with respect to the claim;provided that where conflict of interest between the city and the
employee would cause that representation to violate applicable rules of professional conduct, the
employee may select other counsel subject to the city's reasonable approval.
SEWARD,ALASKA
ORDINANCE 2023-002
2.35.045- Discretion to compromise or settle.
The city may, in its sole discretion, and without the consent or participation of the employee,
compromise or settle the claim on any terms that impose no legal or financial obligation upon the
employee.
2.35.050-Payment of defense costs.
A. Where the employee selects counsel as permitted under section 2.35.040,the city shall pay the
reasonable fees and costs of such counsel for defense of the employee.
B. Except as provided in subsection (a) of this section, after notice by the city to an employee of
the city's assumption of the obligation under section 2.35.015 to indemnify and defend the
employee with respect to a claim, the city shall not be liable to the employee for any legal or
other expenses subsequently incurred by the employee in defending against the claim.
2.35.055-Effect of city's assumption of obligations.
A. No assumption by the city of the indemnification of defense of a claim against an employee
shall be construed as a waiver by the city of any right under this chapter, including without
limitation the right to determine that the claim, or any part thereof, is excluded under section
2.35.020, or that the employee breached any conditions or duties owed to the city under this
chapter.
B. No assumption by the city of the indemnification or defense of a claim against an employee
shall preclude the city from taking any disciplinary or other employment action with respect
to the employee under title 3 of this code.
2.35.060-Reimbursement of expenses.
If the city attorney or other attorney designated by the council under section 2.35.040 determines
that the city's obligations under section 2.35.015 do not apply to a claim against an employee, and
a court of competent jurisdiction later determines the obligations of the city under section 2.35.015
do apply to that claim, then the city will pay any judgment on the claim rendered against the
employee and reasonable attorney's fees incurred by the employee in defending against the claim.
Nothing in this chapter authorizes an award against the city of attorney's fees or costs incurred by
an employee in obtaining a determination that the city's obligations under section 2.35.015 apply
to a claim.
2.35.065-Pending claims.
The provisions of this chapter shall apply to any claim against an employee now pending or
hereafter presented or filed, irrespective of the date of the events or circumstances which are the
basis of the claim.
Chapter 2.40. - Seward Community Health Center Board
2.40.010 - Purpose.
SEWARD,ALASKA
ORDINANCE 2023-002
It is the purpose of this chapter to authorize the board of directors for the Seward Community
Health Center, an independent non-profit entity, to operate a community health center in Seward.
The city and the board intend to work cooperatively together to improve access to primary health
care in the community, pursuant to Section 330 of the Public Health Service Act (42 U.S.C. §
254b).
2.40.020- SCHC Board.
A. There is established the Seward Community Health Center ("SCHC") Board of Directors
("board"), serving as the co-applicant board providing the required community-based
governance for the community health center.
B. The board shall operate the SCHC consistent with the requirements of federally qualified
health centers under Section 330 of the Public Health Service Act (42 U.S.C. §254b), in the
best interests of the community, this chapter 2.40 of the Seward City Code, and in accordance
with its own bylaws.
2.40.030-Powers and duties of the board.
A. The board shall operate SCHC consistent with the requirements of community health centers
under Section 330 of the Public Health Service Act (42 U.S.C. § 254b), and shall appoint an
executive director for SCHC, who shall serve at the pleasure of the board. The board shall
submit an annual budget for the health center to the council for approval, as a co-applicant
requirement of Section 330. The board shall submit the budget no later than October 1 of each
year, for the following fiscal year. If the board unreasonably fails to approve an annual budget,
the city may still submit the annual funding request under Section 330 of the Federal Public
Health Service Act.No budget shall become effective without council approval.
B. The board shall provide annually all the SCHC records necessary to assure that the SCHC
operations comply with applicable federal, state and local laws and regulations.
C. The board shall enter into a co-applicant agreement with the City of Seward.
2.40.040 -City powers and duties.
A. The city shall have access to SCHC records necessary to assure that the SCHC operations
comply with applicable federal, state and local laws and regulations.
B. The city shall provide fiscal oversight in accordance with current law and city policies.
C. The city council shall be responsible for adopting the community health center's annual
operating and capital budgets as finally approved by the board; the city council may not
unilaterally revise a budget approved by the board or approve an alternate budget for the
community health center without review and final approval by the board, which then returns
to council as governed in Seward City Code 2.40.030 (a).
D. If approved by council resolution, the city may provide human resources, risk management,
legal, accounting, and general administrative services to the SCHC.
Section 2.This ordinance shall take effect ten(10) days following its enactment.
SEWARD, ALASKA
ORDINANCE 2023-002
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 13th day of February, 2023.
THE CITY OF SEWARD, ALASKA
CCU r
Sue McClure, Mayor
AYES: Wells, Finch, Osenga, Calhoon, DeMoss, McClure
NOES: None
ABSENT: Barnwell
ABSTAIN: None
ATTEST:
renda J. lou, M C
City Clerk mug
.00r���%�'L4 OF SE'4
(City Seal),.G��►GpRPp� �'••:
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City Council Agenda Statement
Meeting Date: January 23, 2023
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Ordinance 2023-002: Amending Seward City Code Title 2 — Administration
Background and Justification:
The purpose of this ordinance is to complete the update for Title 2 part of the city's recodification
effort. In 2022, several ordinances were enacted to amend portions of Title 2, and this ordinance is
intended to update the remaining portions.
Key:
The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City
Manager, DH = Department Head, Clerk=City Clerk)
Code Citation Source Amendment
2.01.015 Atty Strike entire section;the city is required to have WC insurance by state
law; no need to address this in city code.
2.01.020 b 18 Atty, Mgr New item referencing a Charter provision.
2.05.030 Atty Updating in accordance with AS 40.25.122
2.10.010 Atty Strike entire section; already covered by Charter 2.2.
2.10.015 Atty Strike entire section; already covered by Charter 3.1 and 3.2.
2.10.051 Atty Strike entire section; already covered by Charter 3.5.
2.10.056 B Clerk Items 1 and 2 striker; already covered in Charter 2.13.
2.10.066 Clerk Added additional items to the Order of Business
2.10.110 Atty Strike entire section; already covered by Charter 3.7.
2.15.010 Atty Language added to cover giving direction in executive session as
allowed under the Alaska Open Meetings Act.
2.15.015 Atty, Clerk Clarifying Ian ua a added.
2.15.040 Atty, Clerk Clarifying language added.
2.20.010 Atty Strike entire section; already covered by Charter 5.3.
2.20.015 Mgr Strike entire section.
2.20.020 Atty, Clerk Strike entire section; already covered by Charter 2.6.
2.20.030 Atty, Clerk Strike entire section; AML/JIA confirmed in writing that the city
manager bond is no longer necessary.
2.20.035 9 Clerk Updating reference to code, per Ord 2021-001.
2.20.035 10 Mgr Updating reference to code.
2.20.040 (1) C etrk Clarifying language added.
2.20.045 (10) &
11 Atty, Clerk Confusing language deleted.
2.25.030 Mgr, DH, Strike entire section to eliminate "Engineering and Construction
Atty, Clerk Department".
2.25.035 Mgr, DH, Strike entire section to eliminate "Engineering and Construction
Atty, Clerk Department".
2.25.030 Mgr, DH, Create new section for Building Department.
42
Atty, Clerk
2.25.035 Mgr, DH, Create new section for Building Department.
Atty, Clerk
2.25.037 DH, Atty, Mgr Updating language as appropriate; adding new language for Building
Official.
2.25.040 Atty, Clerk Striking language that refers to a deleted portion of code.
2.25.050 Atty, Clerk Striking language that refers to a deleted portion of code.
2.25.055 DH, Atty Updating language for Fire Department
2.25.065 DH, Atty, Clarifying language added.
Clerk
2.25.070 Mgr Updating title from manager to director.
2.25.070 Atty, Clerk Striking language that refers to a deleted portion of code.
2.25.085 (11) & DH, Atty Updating language as appropriate.
12
2.25.090 Atty, Clerk Striking language that refers to a deleted portion of code.
2.25.095 DH, Atty Updating language as appropriate.
2.25.150 Clerk Clarifying language added.
2.25.155 Clerk Clarifying language added.
2.25.160 DH, Mgr, Create new section for Information Technology Department.
Atty, Clerk
2.25.165 DH, Mgr, Create new section for Information Technology Department.
Atty, Clerk
2.30 Article 1 Atty, Clerk Strike but Reserve.
2.30.100 Atty, Clerk Strike entire section.
2.30.310 Article Clerk Updating for consistency with Article 2 updates made in 2022.
3
2.30.320 a Atty Clarifying language added.
2.30.320 c Atty Strike a portion of language; already covered by AS 44.62.310.
2.30.325 Atty, Clerk Updating language as appropriate.
2.30.330 Atty, Clerk Strike entire section; assume the continuation of PACAB is no longer in
uestion.
2.30.410 Article Clerk Updating for consistency with Article 2 updates made in 2022.
4
2.30.410 Clerk Add new footnote to explain what"36CFR 61"means.
2.30.420 Atty Strike a portion of language; already covered by AS 44.62.310.
2.35.010 Clerk Clarifying language added.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code.
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $
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 (✓):
43
Budgeted Line item(s):
Not budgeted
Not applicable
Finance Signature: N/A
Attorney Review
✓ Yes Attorney Signature: D7�,
Not applicable Comments:
Administration Recommendation
e✓ Adopt Ordinance
Other:
44