HomeMy WebLinkAboutOrd1986-568
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 568
AN ORDINANCE OF THE CITY COONCIL OF THE CITY OF
SEWARD, ALASKA, PROVIDING FOR THE REMJVAL OF MEMBERS OF
THE COUNCIL FOLLCWING CONVICrION OF A VIOIATION UNDER
ALASKA STATUTES TITLE 15
WHEREAS, reV1Slons to Alaska Statutes Title 29, Municipal
Gavernrrent, resulted in the deletion of certain limitations on hone rule
election powers; and
WHEREAS, arrong these were provlslons for expulsion of the
mayor and members of the city council following conviction of violations
of the state canpaign disclosure law (AS 15.13) or corrupt practices
during an election (AS 15.56); and
WHEREAS, the City Code does not provide for the rerrnval by the
council of rrembers of the governing body who have been convicted of such
violations; and
WHEREAS, if the council fails to provide said provisions, its
authority to exercise the right to rerrove members of the council found
guilty of certain crines will expire on July 1 when HB 72 takes effect;
NaV, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1. Section 20-14 of the Seward City Code is hereby
amended to read as follows:
Sec. 2-14. Vacancy on council. (al In the event
any member of the city council departs from the city
with the intent of remaining absent for IlDre than
ninety days, or shall have failed to attend meetings
of the council for a period of ninety consecutive
days, or shall have attended less than five of the
rreetings of the council during any continuous period
of five IlDnths, the council may declare the office
of such member vacant.
(b) 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 misderreanor described in AS 15.56 as a
corrupt practice. 'I'he council shall consider that
conviction during the first rreeting following final
determination of the conviction.
(c) A vacancy may also be created by the
resignation of any member in writing duly accepted
by the council, or by the death of any member, or by
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 568
his rerroval from office by a court of competent
jurisdiction, or if he shall fail after his election
to qualify within ninety days after such election.
(d) Whenever a vacancy occurs on the council,
the remaining rrernbers of the council my elect sorre
qualified person to fill such vacancy, which person
so elected shall hold office until a successor be
elected at the next regular election and properly
qualified.
(e) The council shall be the sole authority
for deterrning the qualifications of its rrernbers.
Section 2. This ordinance shall take effect ten (10) days following its
enactment.
ENACl'ED BY THE CITY mUNCIL OF THE CITY OF SEWARD, ALASKA,
this 9th day of June , 19 86 .
THE CITY OF SEWARD, ALASKA
~t:' --6';"e4
HARR GIESELE:R, MAYOR
AYES:
NOES:
ABSENT:
ABSTAIN:
Booher, Gieseler, Gillespie, Hilton, Meehan, Scholl & Simutis
None
None
None
ATI'EST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, PC:WELL
AND BRUNDIN, Attorneys for the
City of Seward, Alaska
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Fred B. Arvidson, City Attorney
Introduced By: City Manager
Introduction Date: 05/12/86
Public Hearing &
Enactment Date: 06/09/86
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