HomeMy WebLinkAboutRes2019-018 Sponsored by: City Clerk
CITY OF SEWARD, ALASKA
RESOLUTION 2019-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE CITY COUNCIL RULES OF PROCEDURES
WHEREAS, the City Council Rules of Procedures (CCROP) is an important document
because it provides the rules, procedures, and guidelines for conducting the business of the city;
and
WHEREAS, on December 10, 2018, council conducted a work session to review the
CCROP where it was determined that there were several areas in need of revision and/or
clarification; and
WHEREAS, in advance of bringing forward this resolution to update the CCROP, on
January 28, 2019, council enacted Ordinance 2019-001 to first update pertinent portions of the
city code; and
WHEREAS, this resolution will reflect the updates provided in Ordinance 2019-001 and
complete the process of updating the CCROP; and
WHEREAS, further, it is council's desire that all boards and commissions align the
conduct of their business with the CCROP, so this document will be referenced by all city
legislative and advisory entities going forward.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The city council hereby adopts the updated version of the City Council Rules
of Procedures, in substantial form as attached hereto.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
25th day of February, 2019.
THE CITY OF SEWARD, ALASKA
David Squires, Mayo
CITY OF SEWARD, ALASKA
RESOLUTION 2019-018
I
AYES: Lane, McClure, Towsley, Osenga, Seese, Squires
NOES: None
ABSENT: Horn
ABSTAIN: None
ATTEST:
! Irt4 / /
renda J. :a e , MMC
City Clerk
(City Seal) ,,,,,,,„,,,
.•`y OF S91,4"4.
0<it12 0 ki.N.+<;#.:„
I.
• � t S
•.
; • = SEAL
•
. ; ,-._ •. t.
tr)'•.� 1 1�.•• Q tI
ti•, F OF AQP •••
COUNCIL AGENDA STATEMENT
Meeting Date: February 25, 2019
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Amending City Council Rules of Procedures
BACKGROUND & JUSTIFICATION:
The Seward City Council relies heavily on the City Council Rules of Procedures (CCROP) to provide them with
clear guidelines for conducting the business of the city. The CCROP is an extraction of the City Code and Charter,
presented in an easy-to-read format that highlights the most practical aspects of council procedures. It is a time
saving document that enables council members to scan the rules and procedures quickly and easily.
On December 10, 2018, council conducted a work session to review the CCROP. The intent of the work session
was to both refresh council and the public with the rules and procedures, and to ensure that the content was aligned
with the City Code and Charter. During the work session, there were two areas of city code identified as needing
to be updated. The updates to city code, reflected in Ordinance 2019-001, were enacted on January 28, 2019.
Coordinating with the city code updates in Ordinance 2019-001, several areas of the CCROP also need to be
updated, which is done by resolution. Nearly every section of the CCROP is being updated, save for the
Evaluation section and the Mobile Device Policy, so it is recommended that council adopt the entire body of the
CCROP as presented, rather than try to itemize every change.
Substantial changes are noted in red italics. Substantial deletions are noted in red strikeouts.
INTENT:
The intent of this Resolution is to update the City Council Rules of Procedures to more accurately align with the
Seward City Code and Charter.
CONSISTENCY CHECKLIST: Yes No NIA
Comprehensive Plan (document source here):X
Strategic Plan (document source here) :X
Other (list): Seward Charter 3.5, Seward City Code Title 2 X
FISCAL NOTE: This change in the City Code is expected to have no financial impact upon the City.
Approved by Finance Department: �..Ju,�
ATTORNEY REVIEW: Yes _X_ No __ Not Applicable __
RECOMMENDATION:
Approve Resolution 2019-018.
28
City of Seward, Alaska
City Council
Rules of Procedures
Adopted March 14, 1994
As Amended through July 10, 2017February 25, 2019
29
FOREWORD
Adopted on March 14, 1994 by the Seward City Council, the Rules of Council Procedure is a set of
formal rules to guide the Council, Boards and Commissions and Administration in carrying out the
public process.
This manual contains the full text of the Rules of Procedure, as amended. However, it no longer contains
copies of the Council's adopted plans. If you need copies of the following or other plans, please contact
the City Clerk's Office:
1. Lease Procedures 4. Boat Harbor Management Plan
2. Parks & Recreation Master Plan 5. Historic Preservation Plan
3. 2030 Comprehensive Plan 6. Municipal Land Management Plan
CITY COUNCIL
Mayor David Squires
Vice Mayor Sue McClure
Council Member Suzanne Towsley
Council Member Jeremy Horn
Council Member Sharyl Seese
Council Member John Osenga
Council Member Kelley Lane
COUNCIL STAFF
City Clerk Brenda Ballou, MMC
Interim City Manager Jeff Bridges
City Attorney Will Earnhart
30
TABLE OF CONTENTS
PAGE
INTRODUCTION i
PLANNING & ZONING COMMISSION ii
HISTORIC PRESERVATION COMMISSION iii
PORT AND COMMERCE ADVISORY BOARD iv
SECTION I – GENERAL PROVISIONS
RULE 1 COUNCIL MEETINGS – LOCATION 1
RULE 2 COUNCIL MEETINGS - TIME 1
RULE 3 COUNCIL MEETINGS - OPEN TO THE PUBLIC 1
RULE 4 ORGANIZATION OF COUNCIL 1
RULE 5 PRESIDING OFFICER 1
RULE 6 QUORUM 1
RULE 7 ATTENDANCE, EXCUSED ABSENCES 2
RULE 8 SPECIAL COUNCIL MEETINGS 2
RULE 9 COUNCIL MEETINGS - AGENDA 3
RULE 10 WORK SESSIONS 3
RULE 11 INTERFERENCE IN ADMINISTRATIVE SERVICE PROHIBITED 4
RULE 12 COUNCIL MAIL 4
SECTION II – APPOINTED OFFICIALS
RULE 13 CITY MANAGER 5
RULE 14 CITY CLERK 5
RULE 15 CITY ATTORNEY 5
RULE 16 EVALUATION OF APPOINTED OFFICIALS 5
RULE 17 GIVING DIRECTION TO APPOINTED OFFICIALS 7
SECTION III – DUTIES, PRIVILEGES AND BENEFITS OF MEMBERS
RULE 18 FORMS OF ADDRESS 8
RULE 19 SEATING ARRANGEMENT 8
RULE 20 CONFLICTS OF INTEREST 8
RULE 21 MAYOR & COUNCIL COMPENSATION 9
RULE 22 RETIREMENT BENEFITS 9
RULE 23 RECOGNITION UPON RETIREMENT FROM COUNCIL 10
SECTION IV – COUNCIL PROCEDURES
RULE 24 RULES OF ORDER 11
RULE 25 MOTIONS 11
RULE 26 ORDER OF BUSINESS 11
RULE 27 ADDRESSING THE COUNCIL BY THE PUBLIC 13
RULE 28 VOTING 15
RULE 29 COMMITTEES 16
RULE 30 ENACTED ORDINANCES, RESOLUTIONS AND MOTIONS 17
31
RULE 31 RESOLUTIONS 18
RULE 32 ORDINANCES 18
RULE 33 PERMISSION REQUIRED TO ADDRESS THE COUNCIL 19
RULE 34 RECONSIDERATION 19
RULE 35 COUNCIL RELATIONS WITH BOARDS, COMMISSIONS, AND
ADVISORY COMMITTEES
20
RULE 36 COMPLAINTS AND SUGGESTIONS TO COUNCIL 20
RULE 37 FILLING COUNCIL VACANCIES 21
RULE 38 FILLING BOARD AND COMMISSION VACANCIES 21
RULE 39 COUNCIL TRAVEL 21
RULE 40 LOBBYING 22
RULE 41 BUDGET PROCESS 22
RULE 42 BOARD OF ADJUSTMENT 23
SECTION V – SPECIAL CONSIDERATIONS FOR COUNCIL MEMBERS
CONFLICTS OF INTEREST 24
APPEARANCE OF FAIRNESS 24
OPEN PUBLIC MEETINGS 24
EXECUTIVE SESSIONS 25
FREEDOM OF INFORMATION 25
SECTION VI – CHECKLISTS FOR COUNCIL ACTION
EQUAL PROTECTION CHECKLIST 26
SUBSTANTIVE DUE PROCESS CHECKLIST 26
PROCEDURAL DUE PROCESS CHECKLIST 26
DUE PROCESS CHECKLIST - LICENSES & PERMITS 27
DUE PROCESS CHECKLIST - ZONING 28
TAKING (INVERSE CONDEMNATION) CHECKLIST 29
GENERAL ORDINANCE ADOPTION CHECKLIST 29
SECTION VII – APPENDICES
COUNCIL REQUEST FOR LEGAL SERVICES A-1
TRAVEL AUTHORIZATION A-2
TRAVEL - EXPENSE REPORT A-3
CITY ATTORNEY EVALUATION FORM A-4
CITY CLERK EVALUATION FORM A-17
CITY MANAGER EVALUATION FORM A-29
CHART OF PRECEDENCE OF MOTIONS
CITY COUNCIL MOBILE USE POLICY
LEGISLATIVE HISTORY
B-1
C-1
D-1
32
i
Council Rules of Procedure Adopted March 14, 1994
As Amended Through June 13, 2016
INTRODUCTION
Welcome to the Seward City Council. This packet of information has been put together by the City
Clerk's office to assist you as you carry out the duties of your office. Many of the provisions set forth in
the following pages have been taken from the Seward City Code. These are generally followed by a
citation in brackets indicating the particular section of the Code which is being quoted or paraphrased,
i.e., (SCC § 2.10.055).a Other provisions were approved by resolution when the Council Rules of
Procedure were adopted, or have been included as general information.
The City of Seward is a Home Rule city, founded in 1906 and incorporated in 1912. The Home Rule
Charter was adopted in 1960. Alaska Statutes Title 29 governs the operations of Alaskan municipalities;
however, as a home rule municipality, the City of Seward is not subject to all of the provisions of Title
29. (In contrast, general law municipalities are bound by all of the limitations set forth in AS 29.)
Regular city elections are conducted on the first Tuesday in October. The City Clerk coordinates the city
election with the Kenai Peninsula Borough Clerk in order to lessen confusion for the voters and to save
money for both the city and the borough. In 2017, the voters of Seward approved changing the terms of
office for the Mayor and Council from two-year terms to three-year terms. (Resolution 2017-041)
Occasionally, a vacancy occurs prior to the end of the Mayor or Council Member's term of office. In this
case, the Council fills the vacancy until a successor is elected at the next regular election. If the vacancy
occurs one year or more before the expiration of the term, the City Clerk advertises a one-year seat to be
elected to fill the remainder of the term for that particular seat. In order to qualify for any elective office
in Seward, a candidate must be registered to vote in city elections and must have lived in the City of
Seward for at least one year prior to filing for office.
The City Council enacts the laws of the City of Seward, approves the annual budgets of the city, sets
city policy and serves as an appeal board for actions taken by city boards and commissions, and the city
administration. In other words, the function of the City Council is to serve as the legislative body of the
city. The city's administrative functions are carried out by the City Manager. It is sometimes difficult to
grasp the difference in these two areas of responsibility. For instance, council sets policy when the
budget is adopted for street plowing. However, it is up to the City Manager and their staff to determine
who is going to do the plowing and which streets will be plowed first.
There are three city boards and commissions that are appointed by and report to the City Council, which
include: Planning & Zoning Commission, Port & Commerce Advisory Board and Historic Preservation
Commission. They are described on the following pages. The members of each are appointed to three-
year terms. However, they serve at the pleasure of the Council and may be removed from a board or
commission by the Council at any time before the expiration of their terms.
a SCC = Seward City Code; §= Section
33
ii
Council Rules of Procedure Adopted March 14, 1994
As Amended Through June 13, 2016
PLANNING & ZONING COMMISSION
The Planning & Zoning Commission meets on the first Tuesday of each month. All commissioners must
live within the City of Seward. If appointed at Council’s organizational meeting in October, the council
liaison to the commission attends the meetings and makes regular reports to Council regarding issues
before the commission. If a council liaison is not appointed, the Commission will designate a member to
give periodic reports to the Council at the regular scheduled meetings. Council also meets in an annual
joint work session with the commission in March to address areas of mutual concern.
Membership on the Planning & Zoning Commission is open to citizens of the City of Seward.
The Planning & Zoning Commission performs the following duties:
1. Interprets the provisions of the zoning code and makes compliance determinations when
requested by the Community Planning Director; Community Development Director
2. Reviews and acts upon requests for variance permits, conditional use permits and other matters
requiring consideration under the Seward zoning code;
3. Reviews the city comprehensive plan on an annual basis, conducts a minimum of one public
hearing and forwards recommendations to Council for consideration;
4. Promotes public interest and understanding of comprehensive planning, platting, zoning, land
management and other issues relating to community planning and development;
5. Acts in an advisory capacity to the City Council regarding the zoning code, the comprehensive
plan, official zoning map, official land use plan map and other duties as requested by the City
Council; and
6. Acts in an advisory capacity to the Borough Planning Commission regarding subdivision plat
proposals; right-of-way and easement vacation petitions; Borough Comprehensive Plan and
Coastal Zone Management Plan development, updates and amendments; and city comprehensive
plan amendments not otherwise delegated to the City of Seward.
7. Shall have no authority to expend or commit city funds without first obtaining approval by and
any necessary appropriations from Council.
8. Shall adopt and adhere to the rules outlined in this document as for council.
34
iii
Council Rules of Procedure Adopted March 14, 1994
As Amended Through June 13, 2016
HISTORIC PRESERVATION COMMISSION
The Historic Preservation Commission is required to meet at least twice each year. Currently, the
Commission meets on the third Wednesday of each month.
Membership on the Historic Preservation Commission is open to citizens of the City of Seward and
surrounding areas.
The Historic Preservation Commission has the following duties:
1. Surveys and inventories community historic resources;
2. Reviews proposed nominations to the National Register of Historic Places;
3. Provides advice and information regarding the identification and protection of local historic and
archaeological resources;
4. Supports the enforcement of state and local historic preservation laws;
5. Reviews and makes recommendations about local projects;
6. Develops a local historic plan; and
7. May give periodic reports to the City Council at Council’s regular scheduled meetings.
8. Shall have no authority to expend or commit city funds without first obtaining approval by and
any necessary appropriations from Council.
9. Shall adopt and adhere to the rules outlined in this document as for council.
35
iv
Council Rules of Procedure Adopted March 14, 1994
As Amended Through June 13, 2016
PORT AND COMMERCE ADVISORY BOARD
The Port and Commerce Advisory Board meets on the first and third Wednesday of each month.
If appointed at Council’s organizational meeting in October, the council's representative to the Kenai
Peninsula Economic Development District (KPEDD) is the liaison to this board, attends its meetings,
and reports regularly to Council regarding its activities. If a liaison was not appointed, a member of this
board will be appointed to give periodic reports to the city council.
The Port and Commerce Advisory Board will automatically dissolve if not continued by the affirmative
vote of the Council at its first meeting of the fiscal year.
Membership on the Port and Commerce Advisory Board is open to citizens of the City of Seward and
surrounding areas.
The Port and Commerce Advisory Board has the following duties:
1. Reports annually to Council at the first Council meeting of the new fiscal year and at any other
time as may be requested by Council;
2. Makes recommendations to Council concerning the design and coordination of projects to
promote and develop transportation, trade, energy and commerce throughout Seward;
3. Provides input to 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. Advises Council on matters involving the establishment of support services towards the
objectives outlined in SCC 2.30.325(2) and (3);
5. Performs other duties as requested by Council; and
6. Shall have no authority to expend or commit city funds without first obtaining approval by and
any necessary appropriations from Council.
7. Shall adopt and adhere to the rules outlined in this document as for council.
36
1
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
SECTION I - GENERAL PROVISIONS
RULE 1. COUNCIL MEETINGS - LOCATION
All regular meetings of the City Council are held in the Council Chambers in the Seward City Hall or at
such other place as may be determined by the City Council upon consideration of the reasonable
accommodation of the public as specified in [SCC § 2.10.030 A. I.]
RULE 2. COUNCIL MEETINGS - TIME
The regular meetings of the City Council are held on the 2nd and 4th Mondays of each month at 7:00 p.m.
As specified in SCC § 2.10.031, all regular and special meetings of the Council must adjourn no later
than 11:00 p.m. The Council may not adjourn prior to 11:00 p.m. unless all presentations and comments
by members of the general public have been heard. By a vote of council, the time for conclusion of
legislative business and adjournment may be extended to 12:00 a.m. [SCC § 2.10.031]
RULE 3. COUNCIL MEETINGS - OPEN TO THE PUBLIC
All meetings of the City Council and its boards and commissions are open to the public, except as
provided for in SCC § 2.10.030 B (Executive Sessions.) The public must be given a reasonable
opportunity to be heard at all regular and special meetings in accordance with SCC § 2.10.030 A.
RULE 4. ORGANIZATION OF COUNCIL
The City Council must meet and organize not later than 30 days after each regular city election. At this
organizational meeting, the Council elects one of its members to act as Vice Mayor in the absence of the
mayor. In addition, the Mayor may appoint the council liaison to the Planning Commission and the
council representative to the Kenai Peninsula Borough Economic Development District. [See Rule 29(c)
and SCC § 2.10.020]
RULE 5. PRESIDING OFFICER
The Mayor presides at all meetings of the Council and is recognized as the head of the City for all
ceremonial purposes. The Mayor has no regular administrative or executive duties. In case of the
Mayor's absence or temporary disability, the Vice Mayor acts as Mayor during the continuance of the
absence. In case of the absence or temporary disability of the Mayor and the Vice-Mayor, an Acting
Mayor selected by members of the Council acts as Mayor during the continuance of the absences or
disabilities. The Mayor or Vice-Mayor is referred to as "Presiding Officer" from time to time in these
Rules of Procedure. [SCC §2.10.020 and § 2.10-025]
RULE 6. QUORUM
At all meetings of the Council, four Council Members who are present and eligible to vote constitute a
quorum for the transaction of business. In the absence of a quorum, any number less than a quorum may
37
2
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
adjourn a meeting to a later date. (SCC § 2.10.040) A Council meeting adjourned under the previous
provision is considered a regular meeting for all purposes.
RULE 7. ATTENDANCE, EXCUSED ABSENCES
In the event any member of the City Council departs from the city with the intent of remaining absent
for more than 90 days, or fails to attend meetings of the Council for a period of 90 consecutive days, or
attends less than 5 of the meetings of the Council during any continuous period of 5 months, the Council
may declare the office of such member vacant. Members of the Council may be excused from attending
a meeting of the Council by complying with this section. The member must contact the City Clerk prior
to the meeting and state the reason for their inability to attend the meeting. The City Clerk will inform
the Presiding Officer of the request for excused absence prior to the meeting, and the Presiding Officer
will rule whether the absence is excused or unexcused. When calling the roll for the meeting, the 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. 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. Upon passage of such motion by a majority of members present, the absent member will
be considered excused and the Clerk will make an appropriate notation in the minutes. (SCC § 2.10.050)
RULE 8. SPECIAL COUNCIL MEETINGS
Procedures for setting a special meeting are as follows:
(a) A special meeting may be called by the City Clerk on written request of the Mayor, City
Manager or any 2 members of the City Council (SCC § 2.10.030 A.2.);
(b) Notice of the special meeting will be prepared in writing by the Clerk. The notice must contain
the following information about the meeting: time, place, and business to be transacted;
(c) The notice will be delivered by mail or personally to the residence or principal place of business
of each Council Member, the City Manager, and the business office of each local newspaper and
radio and television station. The notice must be delivered at least 24 hours prior to the meeting
(Charter 3.5 and SCC § 2.10.032); 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. (Ord 2019-001)
(d) The notices provided in this section may be dispensed with in emergency situations provided that
a quorum is present and all absent members have waived, in writing, the notice requirements of
SCC §2.10.032. Waivers may be signed either before or after the time of the meeting;
(e) No business may be transacted at any special meeting of the Council except that stated in the
notice of meeting (SCC § 2.10.030 A.2.)
38
3
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
RULE 9. COUNCIL MEETINGS - AGENDA
(a) All reports, ordinances, resolutions, contracts, documents or other matters to be submitted to the
Council at the regular meeting must be submitted to the City Clerk not later than 5:00 p.m. 12:00
p.m. on the Tuesday preceding the Monday meeting. The City Clerk prepares the agenda for all
such matters according to the order of business, numbering each item consecutively. A copy of
the agenda and supporting materials must be delivered to Council Members and the City
Manager and made available to the press not later than 7:00 p.m. on the Saturday before the
regular Council meeting. (SCC §2.10.055 D.) However, except in extraordinary situations, the
City Clerk will provide full agenda packets to the Police Department on Thursday afternoon for
delivery to the Council that evening. The agenda packet will be available for public inspection at
9:00 a.m. on the day of the meeting. In addition, the agenda will be published in the local
newspaper on the Thursday prior to the meeting.
(b) Council Members who wish to add items to the agenda must present the item in writing to the
City Clerk no later than 5:00 p.m. 12:00 p.m. on the Tuesday preceding the Monday meeting.
The Clerk will prepare the written agenda statement if notified by the Council Member prior to
12:00 Noon on the preceding Monday.
(c) The Council has the option of deleting any item from the agenda or deferring any item on the
agenda to a subsequent Council meeting. Prior to voting on approval of the agenda, an agenda
item may be deleted or deferred upon the request of a single Council Member if there is no
objection from the remaining members. However, if any member objects, the member wishing to
delete or defer an agenda item must so move. This motion requires a second and must receive
four affirmative votes for approval. Agenda items may be moved from the consent agenda to the
regular meeting agenda upon the request of any member of the Council.
(d) At council’s discretion, Other New Business Items, such as discussions, may be added to the
agenda without advance notice; however, action items, such as resolutions, and Executive
Sessions may not be added without proper advance notice. This language was NOT approved.
(e) No matters other than those on the agenda may be finally acted upon by the City Council
provided that matters that seem to be emergencies or of an urgent need by the Mayor or any
Council Member or the City Manager, with an explanation of the emergency or urgency stated in
open Council meeting, may, with the consent of the Council majority present, be considered and
acted upon by the Council. (SCC § 2.10.055 E.)
RULE 10. WORK SESSIONS
Upon written request of the Mayor, City Manager or any two members of the City Council, the Council
may hold work sessions for the purpose of planning, studying and discussing any question permitted by
law. Work Sessions need have no formal agenda and may be conducted informally so long as such
informality is not in conflict with these rules. No formal action may be taken by the Council on any
matters discussed in the Work Session until the matter is placed on the Council agenda for a regular or
special meeting. Work Sessions generally are held in the City Council Chambers; however, the Council
39
4
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
may designate any other location for a particular work session provided that consideration is given to the
reasonable accommodation of the public. (SCC § 2.10.030 A.4)
RULE 11. INTERFERENCE IN ADMINISTRATIVE SERVICE PROHIBITED
No member of Council may direct, request or attempt to influence, either directly or indirectly, the
appointment of any person to office or employment by the City Manager. No member of Council may
interfere with the City Manager to prevent them from exercising their own judgment in the appointment
of officers and employees in the administrative service. The Council and its members may deal with the
administrative services solely through the City Manager and no member of the Council may give orders
to any of the subordinates of the City Manager either publicly or privately. (SCC § 2.10.090)
RULE 12. COUNCIL MAIL
The City Clerk is authorized to receive and open all mail addressed to the City Council. A copy of all
correspondence needing action must be immediately forwarded to the City Manager for timely attention
to the end that all administrative business referred to in such communications, and not necessarily
requiring Council action, may be disposed of between Council meetings. All action taken pursuant to
such communications shall be reported to the City Council thereafter. Any communication 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. (SCC § 2.10.095)
40
5
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
SECTION II - APPOINTED OFFICIALS
The following three city officials are appointed by and report directly to the City Council: City Manager,
City Clerk and City Attorney. They are employed under an employment agreement and are not subject
to Title 3 of the Seward City Code.
RULE 13. CITY MANAGER
The City Manager, as the chief executive officer and head of the executive branch of the City
government, or their designee, must attend all meetings of the Council unless excused by the Presiding
Officer or Council. The City Manager may take part in the Council's discussion on all matters on the
agenda and otherwise concerning the welfare of the City. In the event that the City Manager is unable to
attend a council meeting, they will appoint another qualified staff member to attend the meeting on
behalf of the City Management. All employees of the City, with the exception of the Attorney and the
Clerk and their respective staffs, are appointed by and are responsible to the City Manager.
RULE 14. CITY CLERK
The City Clerk is the ex-officio Clerk of the Council and, in this role, keeps the official records of the
Council meetings, acts as parliamentary advisor to the Council and performs such other duties in the
meeting as may be required by the Mayor or the Council. In the absence of the City Clerk, the Clerk will
appoint another qualified staff member to act as Clerk of the Council. The Clerk administers all city
elections, provides for the codification of all city ordinances, is the custodian of all city records and the
city seal, provides administrative support to the Mayor and Council, attests all deeds and other
documents of the City, and takes all oaths and affirmations as necessary.
RULE 15. CITY ATTORNEY
The City Attorney advises the City Council, the City Manager and the City Clerk on all matters of law.
The attorney drafts and assists in drafting ordinances, resolutions, contracts and agreements to be made
or entered into by the City, and approves the form of all such instruments. They prosecute violators of
the City Code and represent the City in all actions of law. Any Council Member seeking advice from the
attorney which will require the expenditure of city funds must first complete a Request for Legal
Services Form which must be approved by the City Council and filed in the office of the City Clerk.
[See Appendix A-1]
RULE 16. EVALUATION OF APPOINTED OFFICIALS
PURPOSE OF EVALUATION
The purpose of providing periodic evaluations of the City Attorney, City Clerk, and City Manager is:
• To give the employee timely feedback on his/her performance and to identify areas in which
he/she is doing well, along with areas in which improvement may be needed. Evaluation should
lead to positive action.
41
6
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
• To clarify and strengthen communication between the employee and the Council as it relates to
their respective expectations for their position.
• To serve as a method for gathering data relevant to subsequent personnel decisions.
STATEMENT OF CITY COUNCIL’S RESPONSIBILITIES
Evaluating the performance of the City Manager, the City Clerk, and the City Attorney is a significant
responsibility of the City Council. Conducting an effective evaluation is hard work, but it does not have
to be a bad experience. With a clear procedure and open lines of communication, chances are good that
the experience will result in a more productive working relationship.
FREQUENCY AND TIMING OF EVALUATIONS
Evaluation is an ongoing process. To be most beneficial, it is suggested that evaluation sessions be held
at least annually. Nothing in these evaluation procedures precludes the Council from exercising its
authority to appoint or terminate the services of the City Manager, the City Attorney, or the City Clerk;
or to exercise its authority as set forth in any employment contract with said employees.
OVERVIEW OF STEPS INVOLVED IN EVALUATION PROCESS
Special Performance Evaluation Session: This ad hoc meeting may be scheduled at the will of the
Council to provide feedback and address any areas needing improvement. There are no evaluation forms
or standard processes defined for this evaluation since it is ad hoc.
Annual Evaluation Session: This annual meeting should be scheduled in January, February and March
of each year, or as directed by Council. It also marks the beginning of the next evaluation cycle. This
evaluation is regularly-scheduled and follows this process:
1. Self-Evaluation: The employee shall complete a self-evaluation using his/her respective blank
evaluation form as a guide. He/she may write comments rather than use the rating system if
he/she so chooses. It is the responsibility of the employee to complete and distribute hard copies
of these self-evaluation reports to the council members no less than two (2) weeks prior to the
actual Annual Evaluation Session.
2. Council Evaluation: No less than two (2) weeks prior to the employee’s evaluation date, the City
Clerk will provide the necessary blank evaluation forms to the City Council. The tabulation of
the council members' scoring and comments will be assigned to two appointed council members;
these two people form the tabulation team. Completed evaluation forms should be turned in to
the tabulation team no less than three (3) days prior to the Annual Evaluation Session.
3. Evaluation Tabulation: The tabulation team will tally and average the scores, and combine all
comments anonymously onto one tabulated evaluation form. This tabulated form should be made
available for Council members at the Annual Evaluation Session.
42
7
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
4. Evaluation & Goal Setting In Executive Session: The Annual Evaluation Session will be held in
Executive Session and the time scheduled for the Evaluation Session should be sufficient to
do the job in a professional manner. "Round Robin" comments by Council members are
permitted. It is also during the Annual Evaluation Session that the employee’s goals are
discussed and agreed upon by all parties.
5. Finalizing Evaluation & Goals With Employee: Within one (1) week of the Annual Evaluation
Session, the tabulation team should create a final draft of the employee’s tabulated evaluation
form that also includes the agreed-upon goals, tabulated score, and comments, and should meet
with the employee to review. At this meeting, the tabulation team and the employee will sign the
document as an acknowledgement of the understanding.
The final step will be for Council to determine any personnel decisions as a result of the evaluation, to
conduct an assessment of the evaluation process and suggest amendments to the procedures, if
necessary. At the conclusion of the current evaluation, the next evaluation cycle automatically begins.
DISPOSITION OF EVALUATION FORMS
Certain information concerning the performance of an individual being evaluated under these procedures
is not a public record, except as described in this section, and is not subject to disclosure under AS
40.25.
Individual Council evaluation forms and the employee’s self-evaluation forms are to be destroyed after
executive session by the tabulation team. These forms are not considered a public record.
Overall tabulation forms and criteria forms are considered a public record, as well as these procedures
and shall be maintained in the employee’s contract folder.
[See Appendices for City Manager, City Attorney and City Clerk evaluation forms.]
RULE 17. GIVING DIRECTION TO APPOINTED OFFICIALS
The Manager, Clerk and Attorney work for the Council as a body and may not take direction from any
individual member of the Council if doing so would conflict with the wishes of the majority. Generally,
requests for research or drafting of ordinances, resolutions or other documents should be made at a
meeting or work session to give dissenting members of the Council an opportunity to object to the
request and to assure the appointed official that the direction given is supported by a majority of
Council.
43
8
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
SECTION III - DUTIES, PRIVILEGES AND BENEFITS OF MEMBERS
RULE 18. FORMS OF ADDRESS
The Mayor shall be addressed as "Mayor (surname)", "Your Honor", "Mr./Madam Chairman" or
"Mr./Madam Mayor". The Vice-Mayor, when acting for the Mayor, shall be addressed as "Vice-Mayor
(surname)" or "Mr./Madam Chairman". Members of the Council shall be addressed as "Council Member
(surname)".
RULE 19. SEATING ARRANGEMENT
Council Members shall occupy their respective seats in the Council Chamber assigned to them by the
Mayor. Such seats shall be assigned so that the Vice-Mayor sits on the left hand of the Mayor and other
members are seated in order of seniority with those newest Council Members filling the outermost seats
on the dais.
RULE 20. CONFLICTS OF INTEREST
(a) Conflict of Interest Defined. A conflict of interest exists whenever a Council Member has a
direct or indirect substantial financial interest in the outcome of a vote or decision of the Council.
No member of the Council may discuss or vote on any question in which the member has such a
direct or indirect substantial financial interest. (SCC § 2.10.035 C.)
(b) Obligations of Council Members Procedure:
(1) A Council Member should disclose any potential conflict of interest, no matter how
remote, and ask the Presiding Officer to rule on whether a conflict does exist. This
disclosure should be made prior to discussion or vote on the issue. The Presiding Officer
will then rule whether a conflict of interest sufficient to disqualify the Council Member
from participating in the matter then before Council does exist.
(2) Once the Presiding Officer rules on the question of conflict, any member of the Council
disagreeing with the ruling so given may appeal the ruling of the Presiding Officer. The
Council Member would say: "I appeal the ruling of the Chair." This motion requires a
second and is debatable. The motion to be voted on would read: "Shall the decision of the
Chair stand?" A majority of YES votes or a TIE vote would uphold the chair. Only a
majority of NO votes could overturn the ruling of the Chair. The Council Member
affected may not vote on such determination. (Charter 3.5L)
(3) Anyone seeking to disqualify a Council Member from participating in a decision on the
basis of a perceived conflict of interest which has not been declared must raise the
challenge as soon as the basis for disqualification reasonably should have been made
known prior to the onset of debate and vote. The party seeking to disqualify the Council
44
9
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Member shall state with specificity the basis for disqualification. The Presiding Officer
would then rule on the potential conflict of interest as outlined in subsection (1) above.
This ruling by the Presiding Officer may be challenged as outlined in subsection (2)
above.
(c) Public Official Financial Disclosure File Statement. The Clerk maintains a file containing
Council statements of intent to do business with the City. Annual financial disclosure statements
are required to be submitted by all members of Council, the Planning & Zoning Commission,
and the City Manager by April 15th of the following year. This file is available for inspection by
the public.
(d) Conflict of Interest, Generally. It should be remembered that the purpose of the conflict of
interest law is to provide for the full public disclosure of any financial interest in a decision
before the Council. Therefore, once the public disclosure is made and the Presiding Officer has
ruled, and provided that this finding has not been overturned by the Council, any action taken by
the Council in accordance with this ruling will probably be upheld by the Courts even if it is later
proven that the ruling was in error.
RULE 21. MAYOR AND COUNCIL COMPENSATION
(a) Council Members are compensated for service on the City Council as follows:
(1) The Mayor is compensated at the rate of $300 per month; and
(2) Each Council Member is compensated at the rate of $200 per month.
(b) Compensation is paid quarterly in January, April, July and October of each year and covers
service for the three preceding months. Council compensation checks are issued with the first
employee payroll of the month following the quarter for which compensation is due. [SCC
§2.10.100]
RULE 22. RETIREMENT BENEFITS
(a) Public Employees Retirement System (PERS). Effective 2004, City Council Members are not
eligible to participate in the Public Employees’ Retirement S ystem of Alaska (PERS).
(b) Social Security and Medicare. The City opted out of the Social Security Program in 1981. In
April 1986, changes in Social Security regulations required employees of the City to participate
in the Social Security Medicare Tax at a rate of 1.45%. In April 1991, additional changes to
Social Security regulations required employees not currently enrolled in an approved retirement
system (such as PERS) to pay the full Social Security Tax rate of 7.65%.
45
10
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
RULE 23. RECOGNITION UPON RETIREMENT FROM COUNCIL
Council Members who retire from service on the Council after one term or who are not re-elected
following their first term of office will receive a plaque in recognition of their service to the City.
Council Members who retire or fail to be re-elected after two or more terms on the City Council will
receive an engraved gold pan in recognition of their service.
A Mayor who retires or fails to be re-elected will receive a plaque bearing a gavel in recognition of their
service to the City.
46
11
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
SECTION IV - COUNCIL PROCEDURES
RULE 24. RULES OF ORDER
Rules of Order not specified by statute, ordinance, or resolution shall be governed by Robert's Rules of
Order Newly Revised. The City Clerk or designee shall serve as parliamentarian and shall advise the
Presiding Officer as to correct rules of procedure or questions of specific rule application. (SCC
§2.10.065 A.) [See Appendix A-14 and A-15]
RULE 25. MOTIONS
All ordinances, resolutions, contracts and items of business that require Council approval shall be in the
form of an affirmative motion. The affirmative vote of four members of the Council is required for the
passage of any motion of Council unless otherwise noted in the City Code or in these Rules of
Procedure. (SCC § 2.10.040 B.)
RULE 26. ORDER OF BUSINESS
(a) The order of business for the regular meetings of the City Council is as follows: (Resolution No.
96-037; Resolution No. 98-013; Resolution 2006-133, Resolution 2014-021)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CITIZEN COMMENTS ON 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. Borough Assembly Report
C. Chamber of Commerce Report
D. City Manager's Report
E. City Attorney's Report
F. Other Reports, Announcements and Presentations
1. Port and Commerce Advisory Board
2. Planning and Zoning Commission
3. Historic Preservation Commission
4. Seward Bear Creek Flood Service Area Board
7. PUBLIC HEARINGS
A. Ordinances for Public Hearing and Enactment
B. Resolutions Requiring Public Hearing
C. Other Public Hearing Items
8. UNFINISHED BUSINESS
A. Items not Completed from Previous Agenda
47
12
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
B. Items Postponed from Previous Agenda
C. Items for Reconsideration
D. Other Unfinished Business Items
9. NEW BUSINESS
A. Ordinances for Introduction
B. Resolutions
C. Other New Business Items
10. INFORMATIONAL ITEMS AND REPORTS (No action required)
11. COUNCIL COMMENTS
12. CITIZEN COMMENTS
13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
14. EXECUTIVE SESSION
15. ADJOURNMENT
(b) Consent Agenda. Those items on the council agenda which are considered routine by the
City Manager and the City Clerk shall be indicated by an asterisk on the agenda. Unless
the Mayor or a Council Member specifically requests that such an item on the consent
agenda be considered under the regular meeting agenda, and thus removed from the
consent agenda and considered separately on the regular agenda, these items so
designated shall be approved, adopted, accepted, etc. by motion of the Council to approve
the agenda and consent agenda. Those items so approved shall appear in the Council
minutes as if acted upon individually. The Clerk shall read into the record the consent
agenda, including the titles of any ordinances or resolutions contained therein. (SCC §
2.10.055 B.)
(c) Agenda items. The procedure for agenda items are as follows:
1. The Presiding Officer introduces the agenda item.
2. The Presiding Officer inquires if there is a motion by any Council member. If a motion is
made, it shall be in the form of an affirmative motion.
3. Following the motion and its second, the Presiding Officer calls upon the City Manager
to describe the matter under consideration.
4. If applicable, the Presiding Officer opens the public hearing and follows the public
hearing procedure outlined in Rule 27.
5. The Presiding Officer asks if there is any discussion among Council members. The
Presiding Officer may call on individual Council members in the discussion. The
Presiding Officer inquires if there is any further discussion by the Council members.
6. The Presiding Officer inquires if there are any final comments or recommendations from
administration.
48
13
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
7. The Presiding Officer inquires of the Council members as to whether they are ready for
the question.
8. The Clerk shall conduct a roll call vote.
RULE 27. ADDRESSING THE COUNCIL BY THE PUBLIC
(a) Generally. A person desiring to address the Council shall first secure the permission of the
Presiding Officer to do so, shall approach the podium before the Council and give their name,
state whether they are a resident of Seward in an audible tone of voice for the record, and, unless
further time is granted by the Presiding Officer, shall limit their address to the time limits
specified below. All remarks shall be addressed to the Council as a body and not to any member
thereof. No person other than a Council Member and the person having the floor shall be
permitted to enter into any discussion without permission from the Presiding Officer. Citizens
giving testimony may not ask questions of a Council Member, the Mayor or the city staff.
However, Council Members or the Mayor may ask questions of citizens giving testimony, and
the time allotted to a citizen for public testimony shall be extended automatically to provide
additional time which is reasonably sufficient to answer all questions posed. All items presented
by a citizen during public testimony for consideration by the Council shall be retained by the
City Clerk. Written testimony may be filed by submitting said statement to the City Clerk at or
before the time scheduled for the public hearing or discussion of the item. No person or group
shall disrupt a Council meeting. (SCC § 2.10.070)
(b) Public Hearings. The procedures for a public hearing are as follows [Resolution 2014-021]:
(1) A sign-in sheet shall be provided for those wishing to address the Council under "Public
Hearings". Prior to the start of the public hearing, the Presiding Officer will first
recognize those whose names appear on the sign-in sheet. Any person who fails to sign in
shall not be permitted to speak until all those who signed in have done so. At any public
hearing all persons who have signed in and wish to be heard shall be heard. Those
testifying under public hearings must limit their comments to 5 minutes. 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. A
person speaking for a second time shall limit their testimony to not more than one minute.
(2) The Presiding Officer introduces the agenda item.
(3) The Presiding Officer inquires if there is a motion by any Council member. If a motion is
made, it shall be in the form of an affirmative motion.
(4) Following the motion and its second, the Presiding Officer calls upon the City Manager
to describe the matter under consideration.
49
14
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
(5) The Presiding Officer opens the public hearing, and announces the following Rules of
Order:
(a) All comments by proponents, opponents, or the public shall be made from the
speaker's podium and any individual making comments shall first give their name, state
whether they are a resident of Seward in an audible tone of voice for the record, and shall
limit their remarks to 5 minutes. This is required because an official record of the public
hearing is being made. No comments shall be made from any other location except the
podium, and anyone making "out of order" comments may be subject to removal from
the meeting.
(b) There will be no demonstrations during or at the conclusion of anyone's
presentation.
(c) These rules are intended to promote an orderly system of holding a public
hearing, to give every person an opportunity to be heard, and to ensure that no individual
is embarrassed by exercising their right of free speech.
(6) The Presiding Officer opens the floor to those on the sign-in sheet in the order which they
appear on the sheet.
(7) The Presiding Officer calls for additional comments from the audience.
(8) The Presiding Officer closes the public hearing.
(9) Following the public hearing, discussion occurs among Council members. The Presiding
Officer may call on individual Council members in the discussion. The Presiding Officer
inquires if there is any further discussion by the Council Members.
(10) The Presiding Officer inquires if there are any final comments or recommendations from
administration.
(11) The Presiding Officer inquires of the Council Members as to whether they are ready for
the question.
(12) The Clerk shall conduct a roll call vote.
(c) Citizen Comments and Discussion. Members of the public or their authorized representatives
may address the Council by oral communications on any matter concerning the City's business or
any matter over which the Council has control. There shall be two opportunities provided for
such comments:
50
15
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
(1) Citizen comments on agenda items not scheduled for public hearing. The Clerk shall
make available sign-in sheets on which persons desiring to speak during this time may
indicate their desire to do so. All presentations under this agenda item shall be limited to
three minutes per person and shall also be limited to a total time of not more than thirty
six minutes.
(2) Citizen comments. This agenda item shall appear at the end of the agenda following all
action items. Comments concerning any item over which the Council has control may be
made. All presentations under this agenda item shall be entitled to five minutes per
person unless otherwise stated by the Mayor or the Presiding Officer. Each person shall
have only one opportunity to speak under this agenda item.
(d) Spokesperson for a Group of People. When any group of people wish to address the Council on
the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson
be chosen by the group to address the Council, and in that case, if additional members of the
same group are to be presented at that time, to limit the number of people so addressing the
Council so as to avoid repetition before the Council.
RULE 28. VOTING
The votes during all meetings of the Council shall be transacted as follows:
(a) All votes shall be taken by roll call vote. The order of the roll call vote shall be altered for each
vote. (SCC § 2.10.035)
(b) No member of Council may be compelled to vote on a question. The vote of any member who is
present at a meeting and who refuses or fails to cast a vote on a matter upon which he is
qualified to vote shall be cast on the side receiving the greatest number of votes. In the event of a
tie vote, a vote so cast shall be cast as a "no" vote. (SCC § 2.10.035)
(b) Each member shall answer by the word “yes” or “no.” (Ord 2019-001)
(c) Every member who is in the Council Chambers when the question is put to vote shall give their
vote unless the Council Member is excused in accordance with Rule 20.
(d) The passage of any ordinance, resolution or other action of the Council shall require the
affirmative vote of at least four members of the Council.
(e) The passage of a motion to reconsider shall require the affirmative vote of 2/3 of those members
present.
(f) The passage of any public emergency ordinance shall require the affirmative vote of all members
present or the affirmative vote of three-fourths of the total membership of the Council,
whichever is less. An emergency ordinance may not be used to levy taxes, to grant, renew or
51
16
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
extend a franchise or to regulate a charge for a city service. Emergency ordinances are effective
for sixty days.
RULE 29. COMMITTEES
The Mayor may appoint standing committees of the Council as necessary or desirable and may appoint
ad hoc committees to address specific topics. The Council may also meet in work sessions as a
committee of the whole:
(a) Committee of the Whole. The Council may meet as a Committee of the Whole composed of the
entire council sitting as a legislative study committee. The Committee of the Whole shall not
take any official action while in committee. The Mayor chairs the Committee of the Whole.
(b) Special Ad Hoc Council Study Committees. Special Ad Hoc Council study committees may be
created by the Council for a particular purpose, or when the issue is so complex and time
consuming that it cannot be reasonably handled at a Council meeting. Council study committees
shall consist of no less than 3 Council Members appointed by the Mayor. Special council
committees shall sunset at the end of their mission, but no later than the end of each fiscal year
unless specifically continued by the Council thereafter for a specified time period.
(c) Council Liaisons. In order to build additional Council expertise in various areas of city
operations, the Presiding Officer may appoint one Council Member to serve as a liaison to the
Planning and Zoning Commission. These appointments shall be made at the Council's
organizational meeting in October. If appointed, the council representative to the Kenai
Peninsula Borough Economic Development District shall serve as liaison to the Port and
Commerce Advisory Board. If council liaisons were not appointed, a member of each Board and
Commission will arrange to give periodic reports to the City Council during Council’s regular
scheduled meetings.
(d) Special Ad Hoc Citizen Advisory Committees. Special Ad Hoc Citizen Advisory Committees
may be created by the Council for a particular purpose. Committee members shall be appointed
by the Mayor, with the advice and consent of the Council. The Mayor shall appoint the chair of
the committee. Citizen study committees shall sunset at the end of their mission, but no later than
the end of each fiscal year unless specifically continued by the Council thereafter for a specified
time period. One Council Member, and one alternate Council Member, may be appointed as a
member and liaison of a citizen advisory committee.
(e) Committees may make recommendations on proposed programs, services, ordinances, and
resolutions within their area of responsibility before action is taken by the Council. The
Committee Chair may present the recommendations of the committee during the discussion of
the item of business.
(f) Employees shall staff the various committees as directed by the City Manager, but no staff
person shall serve as a voting member of a council or citizen study committee.
52
17
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
(g) Minutes need not be taken of committee meetings.
RULE 30. ENACTED ORDINANCES, RESOLUTIONS AND MOTIONS
(a) Ordinance. An enacted ordinance is a legislative act prescribing general, uniform, and permanent
rules of conduct relating to the corporate affairs of the municipality. Council action shall be
taken by ordinance when required by law, or to prescribe permanent rules of conduct which
continue in force until repealed, or where such conduct is enforced by penalty.
(b) Resolution. An enacted resolution is an internal legislative act which is a formal statement of
policy concerning matters of special or temporary character. Council action shall be taken by
resolution when required by law and in those instances where an expression of policy more
formal than a motion is desired.
(c) Motion. An enacted motion is a form of action taken by the Council to direct that a specific
action be taken on behalf of the municipality. A motion, once approved and entered into the
record, is the equivalent of a resolution in those instances where a resolution is not required by
law.
RULE 31. RESOLUTIONS
The procedure for resolutions is as follows:
A resolution may be voted on the same day it is introduced. Most resolutions take effect the day they are
passed, except that those involving property transactions become effective 30 days after passage and
those establishing rules and regulations affecting the public become effective not less than 10 days after
passage. The title of each resolution shall in all cases be read prior to its passage. (NOTE: The titles of
all resolutions passed on the consent agenda are read following passage.) Printed copies of resolutions
shall be made available at the Council meeting for public inspection. Resolutions approving property
transactions and resolutions adopting the city budgets require properly advertised public hearings prior
to adoption. (SCC Chapter 2.15)
RULE 32. ORDINANCES
The procedure for ordinances is as follows:
(a) With the exception of emergency ordinances as provided below, no ordinance may be put to vote
on the same day that it is introduced. An ordinance may be sponsored by the City Manager, City
Clerk, City Attorney, one of the boards or commissions, the Mayor or any member of Council.
However, no ordinance may be prepared by staff for presentation to the Council unless ordered
by a majority vote of the Council or requested by the City Manager or prepared by the City
Attorney or City Clerk on their own initiative. Ordinances are generally introduced on the
consent agenda and are then carried forward to the next regular meeting for public hearing and a
53
18
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
vote on enactment. The notice of the public hearing must be advertised in a newspaper of local
circulation at least 5 days before the hearing. Prior to opening the hearing, the title of the
ordinance must be read in full. Printed copies of the ordinance shall be made available at the
Council meeting and in the office of the City Clerk prior to the meeting. Following public
hearing, the Council may discuss and consider a vote on enactment of the ordinance. Ordinances
take effect not less than 10 days following enactment unless they are exceptions stated in SCC §
2.15.050. (SCC § 2.15.015 and § 2.15.035 A)
(b) Emergency Ordinances. No ordinance shall be passed at the same meeting at which it is
introduced unless an emergency is declared to exist by the Council. 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. The ordinance may be enacted, amended and enacted, or rejected at the meeting at
which it is introduced. 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. The City
Clerk shall print and make available copies of enacted emergency ordinances and provide for
posting and publication as set forth in SCC § 2.15.035 D. 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.
Emergency ordinances take effect immediately for a period of sixty days.
(c) A Council Member may, in open session, request of the Presiding Officer that Council study the
wisdom of enacting a particular ordinance. By affirmative motion, the Council may assign the
proposed ordinance to a specific board or commission or the committee of the whole for study
and consideration. The committee shall report its findings to the Council.
(d) If a motion to pass an ordinance fails, the ordinance shall be considered lost.
(e) Any ordinance amending or repealing any portion of the Seward City Code shall also amend or
repeal the respective portions of any underlying ordinance(s).
RULE 33. PERMISSION REQUIRED TO ADDRESS THE COUNCIL
Persons other than Council Members and management shall be permitted to address the Council only
upon recognition and introduction by the Presiding Officer as specified in Rule 27.
RULE 34. RECONSIDERATION
(a) 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. A Council Member may make a
motion to reconsider only if they voted on the prevailing side of the question to be reconsidered
and if they make the motion to reconsider on the same day and at the same meeting at which the
vote to be reconsidered was taken or if the Council Member files a written notice of intent to
54
19
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
reconsider no later than 5:00 p.m. on the first business day following the day on which the vote
was taken. The Council Member may file by telephone provided that the notice of intent to
reconsider is signed before the motion is reconsidered. A motion for reconsideration requires a
2/3 vote to carry. 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. (SCC § 2 .10.065 E.)
(b) The following motions may not be reconsidered:
(1) A motion which can be renewed within a reasonable time;
(2) An affirmative vote whose provisions have been partly carried out;
(3) An affirmative vote in the nature of a contract when the party to the contract has been
notified of the outcome;
(4) Any vote which has caused something to be done which it is impossible to undo;
(5) A vote on a motion to reconsider; or
(6) When practically the same result, can be obtained by some other parliamentary motion.
RULE 35. COUNCIL RELATIONS WITH BOARDS, COMMISSIONS AND ADVISORY
COMMITTEES
(a) Generally. All statutory boards and commissions and Council-appointed citizen advisory bodies
shall provide the Council with copies of any minutes taken of meetings. Full agenda packets for
each of the Council's statutory boards and commissions shall be provided to the Council
electronically. At the annual organizational meeting of the City Council in October, the Mayor
shall appoint a Council liaison to the Planning and Zoning Commission and to any other board(s)
as the Council may desire, or designate a member of the Board or Commission to give periodi c
reports to the city council.
Currently, there are three statutory boards appointed by the Council:
(1) Planning and Zoning Commission
(2) Port and Commerce Advisory Board
(3) Historic Preservation Commission
(b) Appointment Procedures. See Rule 38.
(c) Reports to Council:
(1) Planning and Zoning Commission. The Council liaison to the Planning Commission shall
make regular reports to the Council regarding the activities of the Planning Commission.
55
20
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
In addition, the Council shall meet in a joint work session with the Planning Commission
in March of each year to discuss any areas of mutual interest.
(2) Port and Commerce Advisory Board. The Port and Commerce Advisory Board makes
quarterly reports to the Council and must, by Code, report annually at the first meeting of
the fiscal year. Absent an affirmative vote of the Council at the first meeting of the fiscal
year to continue the Board, the Board will dissolve within 30 days.
RULE 36. COMPLAINTS AND SUGGESTIONS TO COUNCIL
When citizen complaints or suggestions are brought before the City Council, other than for items already
on an agenda, the Presiding Officer shall first determine whether the issue is legislative or administrative
in nature and then:
(b) If legislative, and if the Council finds such complaint suggests a change to an ordinance
or resolution of the City or the enactment of a new ordinance or resolution, the
Council may refer the matter to a board or commission, the Administration or the
Council of the whole for study and recommendation.
(c) If administrative and regarding administrative staff performance, administrative
execution or interpretation of legislative or administrative policy within the
authority of the City Manager, the Presiding Officer should then refer the
complaint directly to the City Manager for review. The City Manager shall
provide the Council with a copy of any written response to the complainant.
RULE 37. FILLING COUNCIL VACANCIES
If a vacancy occurs in the office of Council Member, the Council may elect some qualified person to fill
such vacancy, the person elected shall hold office until a successor is elected at the next regular election
and properly qualified. In order to fill the vacancy with the most qualified person available until an
election is held, the Council will widely distribute and publish a notice of the vacancy, the procedure
and any application form for applying. Each applicant will make a presentation to the Council regarding
their qualifications to serve. The Council will then vote and sign ballots provided by the City Clerk. The
City Clerk will read each ballot aloud, will tabulate the votes and announce the results to the Council.
The Council may then, by motion and voice vote, affirm the appointment of the candidate receiving the
highest number of votes (must have at least 4 per SCC 2.10.050). For time frames during a recall of an
elective officer, and when vacancies can be filled, see City Charter sections 2.12 and 2.13.
RULE 38. FILLING BOARD AND COMMISSION VACANCIES
The City Clerk shall advertise vacancies on the Council's various boards and commissions no later than
30 days prior to the appointment date and shall forward a copy of this notice, along with the appropriate
application form, to each board or commission member whose term is about to expire. The Clerk shall
include a copy of each completed application and conflict of interest statement (if applicable) in the
56
21
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Council packet. Each applicant for a position on a Council appointed board or commission, shall make a
brief presentation to the City Council regarding their qualifications and reasons for wishing to serve. The
Clerk shall provide ballots containing the names of all applicants to the Council. Each Council Member
shall vote a ballot, marking a number of names totaling the number of vacant seats to be appointed, and
shall sign the ballot in the space provided and shall forward all ballots to the Clerk for counting and
tabulation. The Clerk shall read the votes aloud and announce to the Council the number of votes cast
for each applicant. The Council shall declare the vacancies filled by those applicants receiving the
highest numbers of votes. In the event the number of applicants equals the number of vacant seats, the
Council may move to appoint each of the applicants to a seat on the board or commission rather than
proceeding with the ballot process.
RULE 39. COUNCIL TRAVEL
The Council may appropriate funds for Council travel in the Mayor/Council department of the annual
City budget. Any Council Member who desires to expend Council travel funds shall complete the
regular City Travel Authorization Form available in the Clerk's Office [Appendix A-2]. Upon their
return, the Council Member must file all receipts for travel with the City Clerk and must sign a
completed Travel/Expense Report Form [Appendix A-3]. The receipts and reimbursement form will then
be forwarded to the Finance Department for processing, and payment will be made to the requesting
party. Prior notice of all elected and appointed official travel must be given to the City Council. A
written or oral report must be given to the Council following any such City-funded travel. [Resolution
No. 96-088]
RULE 40. LOBBYING
When necessary to further the city's lobbying efforts in Juneau or elsewhere, the Mayor shall represent
the Council unless, in the opinion of the Council, another member of the elected body or one of its
appointed boards or commissions would better represent the position of the city with respects to a
particular issue. In any case, anyone representing the city in its lobbying efforts shall present a full
report of their trip to the Council at its next regular meeting. In addition, they shall comply with the
provisions of Rule 39.
RULE 41. BUDGET PROCESS
In September of each odd year, the Council shall meet in a work session with the City Administration to
outline the budget policies and priorities for the two upcoming fiscal years. In accordance with these
policies and priorities, the City Manager shall develop and present to the Council a budget proposal for
the next two fiscal years at least 45 days prior to the next even fiscal year (November 16th). The Council
shall schedule work sessions and public hearings as appropriate and shall make any adjustments it feels
are warranted and shall adopt the budgets of the City at a regular meeting held not less than ten (10)
days prior to the end of the fiscal year (December 21st) (this is usually the first regular meeting in
December). [City Charter Chapter 6; SCC§ 5.05.15]
57
22
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
RULE 42. BOARD OF ADJUSTMENT
The City Council is designated to be the Board of Adjustment for the City and the Mayor is designated
the Chairperson of the Board of Adjustments. An appeal hearing conducted by the Board of Adjustment
is held on the basis of the record established before the commission or other body and the record on
appeal. The Council may allow for oral presentations by the administration and the appellant; however,
no new evidence may be received or considered by the Board of Adjustment hearing the appeal [SCC §
2.10.080 and §15.10.415].
58
23
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
SECTION V - SPECIAL CONSIDERATIONS FOR COUNCIL MEMBERS
Elected officials, like employees, may be held liable for what they both say and do, either individually or
collectively. There may be either case law or statutory responsibility for certain behaviors on the part of
elected officials. The following is a description of the most common legal areas of concern.
CONFLICTS OF INTEREST
There are a number of prohibitions commonly outlined in the statutes. Whether legally mandated or not,
the following guidelines make sense, from a political, ethical and liability standpoint:
(a) Elected officials should not fix their own wages or benefits during their immediate term of
office;
(b) Officials should not have a financial interest in, or vote on, a matter where the elected official's
financial interest is especially affected;
(c) An elected official should not have a personal financial interest in contractual matters over which
they have any supervisory control; and
(d) A public officer should not hire their spouse or child as an employee, unless said spouse or child
is employed for unskilled day labor at wages not exceeding $100 in any calendar month.
APPEARANCE OF FAIRNESS
When governing bodies hold hearings that affect individual or property rights (quasi-judicial
proceedings), they should be governed by the same strict fairness rules that apply to cases in court. The
rule basically states that hearings must not only be fair, they must appear fair.
OPEN PUBLIC MEETINGS
Public agency actions and deliberations should be conducted openly, and all persons must be allowed to
attend unless "unruly", or otherwise excluded by law, such as executive sessions, labor negotiations,
social gatherings (unless business is discussed), and certain quasi-judicial proceedings. A meeting is
generally defined as any gathering of four or more governing body members (or a quorum, whichever is
less) where city business is discussed.
Meeting places should not be designed to exclude members of the public, and the time and place of a
special meeting must be designated.
Except in an emergency, users shall not use email, instant messaging, text messaging, or similar forms
of electronic communications at any time during a meeting of the City Council. Users shall not use a
city-issued mobile device in any way as to violate the Open Meetings Act requirements of the State of
Alaska.
59
24
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
EXECUTIVE SESSIONS
Are defined as that part of a public meeting from which the public may be excluded. Executive sessions
should be part of a regular or special meeting, should state the purpose for the session with particularity,
and are generally permissible to:
(a) Discuss matters the immediate knowledge of which would clearly have an adverse effect upon
the finances of the city; SCC 2.10.030 (b) (1)
(b) Discuss subjects that tend to prejudice the reputation and character of any person, provided the
person may request a public discussion; SCC 2.10.030 (b) (2)
(c) Discuss strategy for the negotiation of labor and other contracts; SCC 2.10.030 (b) (4)
(d) Discuss matters pertaining to threatened or pending litigation; SCC 2.10.030 (b) (3)
(e) Evaluate the performance of the City Attorney, the City Clerk or the City Manager; CCROP
Rule 16
(f) Deliberate and prepare its findings of facts and conclusions of law pertaining to an appeal of an
action of the Planning and Zoning Commission; SCC 15.10.415 (c)
(g) Discuss other matters which by law, municipal charter or ordinance are required to be
confidential. SCC 2.10.030 (b) (5)
The public may be excluded from an executive session, but final action shall not be taken by the Council
on any matter discussed in an executive session until the matter is placed on the agenda of a public
meeting.
Violations of the Open Meetings Act may result in a number of losses to the city, including:
(a) Ordinances, rules, resolutions, regulations, etc. adopted in violation may be held invalid.
(b) Any person may sue to recover the penalty or to stop or prevent violations.
(c) A person prevailing against the city may be awarded all costs including reasonable attorneys'
fees.
FREEDOM OF INFORMATION
State and city law allow liberal access to public records. Public records include any communication,
regardless of form, relating to the conduct of city business. All requests for public information are made
through the office of the City Clerk.
60
25
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
SECTION VI - CHECKLISTS FOR COUNCIL ACTION
There are a number of risk reduction checklists that Council Members should use when considering
legislative actions. Legislators, administrators and legal counsel who draft ordinances and other
proposed legislative actions should review the proposed ordinance, etc. against the appropriate
checklists.
EQUAL PROTECTION CHECKLIST:
1. Does the action treat different groups of people differently?
2. If so, by what standard will the classification be judged?
3. Is the classification justifiable under the appropriate standard?
4. Will an ordinance or policy which is neutral on its face have a discriminatory impact when
applied?
5. Does the local government have a sufficient basis in fact in support of the action and/or
classification?
SUBSTANTIVE DUE PROCESS CHECKLIST:
1. Does the City have a legitimate goal in pursuing its proposed course of action?
2. What is the nature of the "right" being affected by the agency's decision?
3. Is it a right which is deemed to be fundamental? If so, does the agency have a compelling interest
for taking the action?
4. If a fundamental right is involved, is there another less drastic way for the local government to
achieve its goal which will create less interference with the constitutional right?
5. If it is an economic, social or business regulation, is there a rational relationship between the
regulation and the governmental goal?
6. Does the regulation create a rebuttal presumption?
PROCEDURAL DUE PROCESS CHECKLIST:
1. Will the proposed action or ordinance deprive a person of a "liberty" or "property" interest?
2. If so, has that person been afforded due process?
61
26
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
3. Has the person been given notice?
4. Has the person been given an opportunity to be heard?
5. Has the person been given a statement of reasons for the agency's decision?
6. Has the local government complied with applicable statutory, ordinance or contract provisions
requiring due process?
7. Does an ordinance give sufficient notice to persons of its requirements?
8. Are the terms used in an ordinance defined?
9. Does the ordinance provide clear standards for the conduct of the officials who must enforce it?
DUE PROCESS CHECKLIST - LICENSES AND PERMITS:
1. Is there an ordinance dealing with the granting or revocation of the license or permit?
2. Is the ordinance clear and unambiguous?
3. Has the applicant for a license or permit been given reasonable information as to the items
which they must submit to the agency prior to issuance?
4. Does the local government have the authority to legislate in the area for which the license or
permit is to be granted?
5. Are the requirements for issuance of a license or permit reasonable and have they been
consistently applied?
6. Do the items required prior to the issuance of a license or permit bear some reasonable
relationship to the activity to be allowed?
7. Has the local government sought to limit the number of persons who can receive the license or
permit?
8. If there is a limitation in the number of persons who may receive the license or permit, is there
statutory authority for such a limitation?
9. Has an applicant for a license or permit been given an opportunity to have a hearing if the
granting of a license or permit has been denied?
10. Has a hearing been held prior to the suspension or revocation of an existing license or permit?
62
27
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
11. If in an area with a limited number of licenses or permits, can the agency present a reason for the
reduction, and has the identity of the business which will lose its license or permit been
determined in a non-discriminatory manner?
12. Is the refusal to issue, or revocation of, the license or permit justified, or solely in response to
public pressure?
13. Has the inspection or regulatory system of the agency been enforced in a non-discriminatory
manner, or is the person being singled out for enforcement?
14. Do the fees charged for licenses and permits bear a reasonable relation to the cost of
enforcement?
DUE PROCESS CHECKLIST - ZONING:
1. Does the city have a zoning ordinance and amendments thereto which have been adopted in a
procedurally correct manner?
2. Where the city seeks to enforce its zoning ordinance, are the pertinent provisions clear and
unambiguous?
3. Is the agency interpreting and applying its zoning ordinance in a consistent manner?
4. Is the city considering amending its zoning ordinance in a way which would only be applicable
to a single piece of property where other properties within the community have the same
characteristics?
5. Has the agency complied with any "Open Meetings Act" and other applicable requirements?
6. Where the rezone request originates with other than the property owner, was specific written
notice given to the property owner of the hearings and tendency of the proposed zoning change?
7. Has the local government taken and retained thorough minutes of meetings of the Planning
Commission, Board of Architectural Review, Board of Adjustment, Appeals Board, and
governing body, etc.?
8. Have all proper public hearings, with properly published notice, been held prior to adoption?
9. Has the city denied a zoning change solely in order to lessen competition for existing business?
10. Has the city permitted objectors to the proposed zoning to present their evidence, including the
presentation of the witnesses and the cross-examination of the witnesses of the applicant?
63
28
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
11. Has the city denied a request for a zoning change based merely upon the objection of
neighboring property owners with no other justifiable findings of fact?
12. If covenants, conditions, renderings, etc. Are included as part of an approval, have those
covenants, etc. Been specifically incorporated in the ordinance, resolution or motion?
"TAKING" (INVERSE CONDEMNATION) CHECKLIST:
1. Is the regulation of property being done in order to advance a legitimate public interest?
2. Will a particular regulation deprive a property owner of every economically viable use of their
property?
3. Has the property owner taken actions such as expenditure of funds in reliance upon a municipal
action, such as granting of a building or utility permit?
4. Does the City action constitute a physical intrusion on the property?
5. Have the officials compiled a sufficient record setting forth the reasons for the action?
6. Is there a less intrusive way of achieving the same goal?
GENERAL ORDINANCE ADOPTION CHECKLIST:
1. Have all the statutory or local procedural requirements been followed?
2. Is the ordinance a subject upon which the City has Federal or State constitutional or statutory
authority to act?
3. As drafted, does the ordinance treat all similarly situated persons in the same way?
4. Are the terms of the ordinance clear enough so that people do not have to guess at its meaning?
5. Does the ordinance clearly state what a person must do in order to comply with it?
6. Does the ordinance define special or broad terms which it uses?
7. Does the ordinance set sufficient standards for the officials who must enforce it, or does it give
the enforcing agent too much discretion in making a decision whether or not to do something?
8. Does the ordinance require that notice of hearing be given to a person whose rights are affected
by it?
64
29
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
9. Does the ordinance require the official who is making a decision under it to give notice of that
decision and the reasons for it within a reasonable time?
10. Can the local government achieve its goal by using a less restrictive or intrusive means?
11. Do the ordinance provisions constitute a "prior restraint" on a person's First Amendment rights?
12. Has the agency created an adequate record or compiled sufficient evidence in order to support its
findings and conclusions for enacting the ordinance?
13. Is the ordinance too broad?
14. Does the ordinance so heavily burden a person's use of their property that it might be considered
a taking?
15. If an ordinance is changing an existing local regulation, does it give persons a reasonable amount
of time to comply with the changes?
16. Have the Attorney and Risk Manager been consulted before taking action which might result in
claims against the agency or litigation?
17. Have similar ordinances been upheld elsewhere?
18. If an ordinance is challenged, would you consider suspending it pending a judicial
determination?
65
A-1
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
City of Seward, Alaska
COUNCIL REQUEST FOR LEGAL SERVICES*
COUNCIL
MEMBER:
DATE OF REQUEST: DATE RESPONSE
REQUIRED:
SUBJECT MATTER
DATE RECEIVED BY
CLERK:
CLERK’S
INITIALS:
FAXED TO ATTORNEY
BY:
DATE:
ATTORNEY RESPONSE
ESTIMATE OF FULL RESEARCH/RESPONSE TIME AND EXPENSE (if nec.)
ATTORNEY: DATE:
*Submittal of this legal information request is predicated on the understanding between the City of
Seward and Birch Horton Bittner and Cherot that no charges for responding to this inquiry will be
payable by the city unless the estimate portion is completed and formal authorization to incur legal
research expenses is provided by the City Clerk.
66
A-2
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
67
A-3
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
68
A-4
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY ATTORNEY
EVALUATION CRITERIA
Responsibilities & Goals
PUBLIC
CITY ATTORNEY
EVALUATION CRITERIA
Responsibilities & Goals
2017
Following are the primary responsibilities of the City Attorney for the City of Seward:
ACTS AS CHIEF LEGAL CONSULTANT
Advises City Council, City Manager and City Clerk on all matters of law.
Drafts, or assists in the drafting of, ordinances, resolutions, contracts and agreements to
be made or entered into by the City, as needed or required. Approves the form of
ordinances.
Represents the City in all action of law, unless otherwise deemed necessary.
Attends meetings as required.
Keeps the City advised of developments in municipal law and actions in other
communities and jurisdictions that may have an impact on the City’s activities.
MAINTAINS GOOD RELATIONSHIP WITH CITY COUNCIL
Responsive to direct requests from Council in a timely manner.
Well prepared and knowledgeable about Council agenda items for which an attorney
review was requested.
Ensures legal advice is clearly understood.
WORKS WELL WITH ADMINISTRATION, STAFF AND COUNCIL
Adept at cost control.
Provides solutions and/or alternatives to legal problems and issues.
Provides training on various matters, such as open meetings act, contracts, ordinance and
resolution forms, etc.
Consistent with maintaining the attorney-client privilege.
Following are the goals of the City Attorney as set by the City Council at the City Attorney’s
previous evaluation:
GOAL 1
GOAL 2
GOAL 3
{City Clerk will insert goals established from the previous evaluation here }
69
A-5
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY ATTORNEY
SELF-EVALUATION FORM
NOT PUBLIC
Circle the response that best reflects your personal observation with regards to each of the following
criteria:
5 Excellent
4 Above Average
3 Average
2 Below Average
1 Unacceptable
N/R Not Rated (not included in tally)
ACTS AS CHIEF LEGAL CONSULTANT
Advises City Council, City Manager and City Clerk on all matters of law. 1 2 3 4 5
N/R
Drafts, or assists in the drafting of, ordinances, resolutions, contracts and
agreements to be made or entered into by the City, as needed or required.
Approves the form of ordinances.
1 2 3 4 5
N/R
Represents the City in all action of law, unless otherwise deemed necessary. 1 2 3 4 5
N/R
Attends meetings as required. 1 2 3 4 5
N/R
Keeps the City advised of developments in municipal law and actions in other
communities and jurisdictions that may have an impact on the City’s activities.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
70
A-6
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
MAINTAINS GOOD RELATIONSHIP WITH CITY COUNCIL
Responsive to direct requests from Council in a timely manner. 1 2 3 4 5
N/R
Well prepared and knowledgeable about Council agenda items for which an
attorney review was requested.
1 2 3 4 5
N/R
Ensures legal advice is clearly understood. 1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
WORKS WELL WITH ADMINISTRATION, STAFF AND COUNCIL
Adept at cost control. 1 2 3 4 5
N/R
Provides solutions and/or alternatives to legal problems and issues. 1 2 3 4 5
N/R
Provides training on various matters, such as open meetings act, contracts,
ordinance and resolution forms, etc.
1 2 3 4 5
N/R
Consistent with maintaining the attorney-client privilege. 1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
71
A-7
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Following are the goals of the City Attorney as set by the City Council at the City Attorney’s previous
evaluation:
GOAL 1
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 2
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
72
A-8
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERALL SCORE
Carry over the average score from each section:
Acts As Chief Legal Consultant
Maintains Good Relationship With City Council
Works Well With Administration, Staff And Council
Goals
All scores added together =
÷ 4
Final Score =
Comments:
73
A-9
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY COUNCIL
EVALUATION FORM
For City Attorney
NOT PUBLIC
Circle the response that best reflects your personal observation with regards to each of the following
criteria:
5 Excellent
4 Above Average
3 Average
2 Below Average
1 Unacceptable
N/R Not Rated (not included in tally)
ACTS AS CHIEF LEGAL CONSULTANT
Advises City Council, City Manager and City Clerk on all matters of law. 1 2 3 4 5
N/R
Drafts, or assists in the drafting of, ordinances, resolutions, contracts and
agreements to be made or entered into by the City, as needed or required.
Approves the form of ordinances.
1 2 3 4 5
N/R
Represents the City in all action of law, unless otherwise deemed necessary. 1 2 3 4 5
N/R
Attends meetings as required. 1 2 3 4 5
N/R
Keeps the City advised of developments in municipal law and actions in other
communities and jurisdictions that may have an impact on the City’s activities.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
74
A-10
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
MAINTAINS GOOD RELATIONSHIP WITH CITY COUNCIL
Responsive to direct requests from Council in a timely manner. 1 2 3 4 5
N/R
Well prepared and knowledgeable about Council agenda items for which an
attorney review was requested.
1 2 3 4 5
N/R
Ensures legal advice is clearly understood. 1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
WORKS WELL WITH ADMINISTRATION, STAFF AND COUNCIL
Adept at cost control. 1 2 3 4 5
N/R
Provides solutions and/or alternatives to legal problems and issues. 1 2 3 4 5
N/R
Provides training on various matters, such as open meetings act, contracts,
ordinance and resolution forms, etc.
1 2 3 4 5
N/R
Consistent with maintaining the attorney-client privilege. 1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
75
A-11
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Following are the goals of the City Attorney as set by the City Council at the City Attorney’s previous
evaluation:
GOAL 1
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 2
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
76
A-12
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERALL SCORE
Carry over the average score from each section:
Acts As Chief Legal Consultant
Maintains Good Relationship With City Council
Works Well With Administration, Staff And Council
Goals
All scores added together =
÷ 4
Final Score =
Comments:
77
A-13
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY COUNCIL
EVALUATION SUMMARY
For City Attorney
PUBLIC
Evaluation Period:
City Attorney Firm:
City Attorney Name:
FINAL SCORE
Final Score:
COMMENTS
78
A-14
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
GOALS FOR COMING YEAR
Following are the goals of the City Attorney as set by the City Council at the City Attorney’s current
evaluation for the coming year:
GOAL 1
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
GOAL 2
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
ACKNOWLEDGED
City Attorney Signature Date
Mayor Signature Date
Council Member Signature from Tabulation Team Date
Council Member Signature from Tabulation Team Date
79
A-15
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY CLERK
EVALUATION CRITERIA
Responsibilities & Goals
PUBLIC
Following are the primary responsibilities of the City Clerk for the City of Seward:
OVERSEES THE DAY-TO-DAY OPERATIONS OF THE CLERK’S OFFICE
Keeps and maintains appropriate files and records of the City.
Keeps informed of matters which may require Council action.
Keep all ordinances, resolutions, agreements and contracts, when appropriate, of the City, and
authenticates such records, as necessary.
Manages requests for public information.
Ensures staff members are properly trained in procedures of the office.
Shall attest the signature of the City Manager on all contracts, except as otherwise provided by
code, as approved by Council.
Prepares travel documents and arrangements for Council members traveling on City business.
MAINTAINS GOOD WORKING RELATIONSHIP WITH CITY COUNCIL
Shall be the clerk of the Council. Shall attend all meetings of the Council (or a representative)
and shall keep a record of its proceedings.
Encourages a rapport that facilitates trust and coordination with Council.
Disseminates complete accurate information that involves council action equally to all members
in a timely manner.
Coordinates information, concerns, complaints from the public to Council members.
Provides equipment and training, if necessary, to Council members.
Acts as the Public Information Officer during severe emergency operations and is the focal point
for Council during emergency events.
Acts as the parliamentary advisor to the Council during Council meetings.
Coordinates and administers city elections, absentee voting, worker training and canvass boards
effectively.
Administers all oaths of office and attests to the signature of the Mayor.
Coordinates the public broadcast of Council meetings and maintains the audio record of those
meetings.
OVERSEES ANNUAL AND SPECIAL PROJECTS BUDGETS
Develops an annual budget for Council review that identifies operational needs.
Prepares a special project plan, implementation and budget for Council approval.
Maintains Council's annual budget.
Advises Council of needs for council chambers to provide adequate area for public meetings.
MAINTAINS POSITIVE RELATIONSHIP WITH THE PUBLIC
80
A-16
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Is the primary point of contact for public information requests, and is responsible for the timely
return of the requests.
Provides information on public meetings and events.
Is courteous and receptive to public concerns and complaints ,and documents them for the
affected department and Council review.
Following are the goals of the City Clerk as set by the City Council at the City Clerk’s previous
evaluation:
GOAL 1
GOAL 2
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
81
A-17
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY CLERK
SELF-EVALUATION FORM
NOT PUBLIC
Circle the response that best reflects your personal observation with regards to each of the following
criteria:
5 Excellent
4 Above Average
3 Average
2 Below Average
1 Unacceptable
N/R Not Rated (not included in tally)
OVERSEES THE DAY-TO-DAY OPERATIONS OF THE CLERK’S OFFICE
Keeps and maintains appropriate files and records of the City. 1 2 3 4 5
N/R
Keeps informed of matters which may require Council action. 1 2 3 4 5
N/R
Keep all ordinances, resolutions, agreements and contracts, when appropriate, of
the City, and authenticates such records, as necessary.
1 2 3 4 5
N/R
Manages requests for public information. 1 2 3 4 5
N/R
Ensures staff members are properly trained in procedures of the office. 1 2 3 4 5
N/R
Shall attest the signature of the City Manager on all contracts, except as
otherwise provided by code, as approved by Council.
1 2 3 4 5
N/R
Prepares travel documents and arrangements for Council members traveling on
City business.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
82
A-18
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
MAINTAINS GOOD WORKING RELATIONSHIP WITH CITY COUNCIL
Shall be the clerk of the Council. Shall attend all meetings of the Council (or a
representative) and shall keep a record of its proceedings.
1 2 3 4 5
N/R
Encourages a rapport that facilitates trust and coordination with Council. 1 2 3 4 5
N/R
Disseminates complete accurate information that involves council action equally
to all members in a timely manner.
1 2 3 4 5
N/R
Coordinates information, concerns, complaints from the public to Council
members.
1 2 3 4 5
N/R
Provides equipment and training, if necessary, to Council members. 1 2 3 4 5
N/R
Acts as the Public Information Officer during severe emergency operations and is
the focal point for Council during emergency events.
1 2 3 4 5
N/R
Acts as the parliamentary advisor to the Council during Council meetings. 1 2 3 4 5
N/R
Coordinates and administers city elections, absentee voting, worker training and
canvass boards effectively.
1 2 3 4 5
N/R
Administers all oaths of office and attests to the signature of the Mayor. 1 2 3 4 5
N/R
Coordinates the public broadcast of Council meetings and maintains the audio
record of those meetings.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
83
A-19
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERSEES ANNUAL AND SPECIAL PROJECTS BUDGETS
Develops an annual budget for Council review that identifies operational needs. 1 2 3 4 5
N/R
Prepares a special project plan, implementation and budget for Council approval. 1 2 3 4 5
N/R
Maintains Council's annual budget. 1 2 3 4 5
N/R
Advises Council of needs for council chambers to provide adequate area for
public meetings.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
MAINTAINS POSITIVE RELATIONSHIP WITH THE PUBLIC
Is the primary point of contact for public information requests, and is responsible
for the timely return of the requests.
1 2 3 4 5
N/R
Provides information on public meetings and events. 1 2 3 4 5
N/R
Is courteous and receptive to public concerns and complaints ,and documents
them for the affected department and Council review.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
84
A-20
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Following are the goals of the City Clerk as set by the City Council at the City Clerk’s previous
evaluation:
GOAL 1
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 2
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
85
A-21
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERALL SCORE
Carry over the average score from each section:
Oversees The Day-To-Day Operations Of The Clerk’s Office
Maintains Good Working Relationship With City Council
Oversees Annual And Special Projects Budgets
Maintains Positive Relationship With The Public
Goals
All Scores Added Together =
÷ 5
Final Score =
Comments:
86
A-22
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY COUNCIL
EVALUATION FORM
For City Clerk
NOT PUBLIC
Circle the response that best reflects your personal observation with regards to each of the following
criteria:
5 Excellent
4 Above Average
3 Average
2 Below Average
1 Unacceptable
N/R Not Rated (not included in tally)
OVERSEES THE DAY-TO-DAY OPERATIONS OF THE CLERK’S OFFICE
Keeps and maintains appropriate files and records of the City. 1 2 3 4 5
N/R
Keeps informed of matters which may require Council action. 1 2 3 4 5
N/R
Keep all ordinances, resolutions, agreements and contracts, when appropriate, of
the City, and authenticates such records, as necessary.
1 2 3 4 5
N/R
Manages requests for public information. 1 2 3 4 5
N/R
Ensures staff members are properly trained in procedures of the office. 1 2 3 4 5
N/R
Shall attest the signature of the City Manager on all contracts, except as
otherwise provided by code, as approved by Council.
1 2 3 4 5
N/R
Prepares travel documents and arrangements for Council members traveling on
City business.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
87
A-23
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
MAINTAINS GOOD WORKING RELATIONSHIP WITH CITY COUNCIL
Shall be the clerk of the Council. Shall attend all meetings of the Council (or a
representative) and shall keep a record of its proceedings.
1 2 3 4 5
N/R
Encourages a rapport that facilitates trust and coordination with Council. 1 2 3 4 5
N/R
Disseminates complete accurate information that involves council action equally
to all members in a timely manner.
1 2 3 4 5
N/R
Coordinates information, concerns, complaints from the public to Council
members.
1 2 3 4 5
N/R
Provides equipment and training, if necessary, to Council members. 1 2 3 4 5
N/R
Acts as the Public Information Officer during severe emergency operations and is
the focal point for Council during emergency events.
1 2 3 4 5
N/R
Acts as the parliamentary advisor to the Council during Council meetings. 1 2 3 4 5
N/R
Coordinates and administers city elections, absentee voting, worker training and
canvass boards effectively.
1 2 3 4 5
N/R
Administers all oaths of office and attests to the signature of the Mayor. 1 2 3 4 5
N/R
Coordinates the public broadcast of Council meetings and maintains the audio
record of those meetings.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
88
A-24
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERSEES ANNUAL AND SPECIAL PROJECTS BUDGETS
Develops an annual budget for Council review that identifies operational needs. 1 2 3 4 5
N/R
Prepares a special project plan, implementation and budget for Council approval. 1 2 3 4 5
N/R
Maintains Council's annual budget. 1 2 3 4 5
N/R
Advises Council of needs for council chambers to provide adequate area for
public meetings.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
MAINTAINS POSITIVE RELATIONSHIP WITH THE PUBLIC
Is the primary point of contact for public information requests, and is responsible
for the timely return of the requests.
1 2 3 4 5
N/R
Provides information on public meetings and events. 1 2 3 4 5
N/R
Is courteous and receptive to public concerns and complaints ,and documents
them for the affected department and Council review.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
89
A-25
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Following are the goals of the City Clerk as set by the City Council at the City Clerk’s previous
evaluation:
GOAL 1
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 2
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
90
A-26
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERALL SCORE
Carry over the average score from each section:
Oversees The Day-To-Day Operations Of The Clerk’s Office
Maintains Good Working Relationship With City Council
Oversees Annual And Special Projects Budgets
Maintains Positive Relationship With The Public
Goals
All Scores Added Together =
÷ 5
Final Score =
Comments:
91
A-27
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY COUNCIL
EVALUATION SUMMARY
For City Clerk
PUBLIC
Evaluation Period:
City Clerk Name:
FINAL SCORE
Final Score:
COMMENTS
92
A-28
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
GOALS FOR COMING YEAR
Following are the goals of the City Clerk as set by the City Council at the City Clerk’s current
evaluation for the coming year:
GOAL 1
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
GOAL 2
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
ACKNOWLEDGED
City Clerk Signature Date
Mayor Signature Date
Council Member Signature from Tabulation Team Date
Council Member Signature from Tabulation Team Date
93
A-29
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY MANAGER
EVALUATION CRITERIA
Responsibilities & Goals
PUBLIC
Following are the primary responsibilities of the City Manager for the City of Seward:
OVERSEES THE DAY-TO-DAY OPERATIONS OF ALL MUNICIPAL SERVICES
Manages workforce and mediates personnel issues.
Manages all finances, budgets and investments of the city.
Negotiates and/or reviews contracts and leases.
Ensures daily operations of city departments are within the goals set by the Council and the
community.
Ensures the enforcement of city codes and ordinances.
Functions as the Incident Commander for major emergencies as detailed in the City's Emergency
Operations Plan.
Verbal and written communications are thoughtful, clear and to the point.
OVERSEES PROJECTS
Facilitates project development, coordination and prioritization.
Oversees all project implementation plans and budgets.
Monitors and reports projects status and budget to Council in a timely manner.
With the Finance Director, facilitates issuance of municipal bonds, as required.
Ensures contracts for projects are adhered to.
MAINTAINS A GOOD WORKING RELATIONSHIP WITH CITY COUNCIL
Encourages rapport that facilitates trust and cooperation.
Carries out directives of the body.
Disseminates complete and accurate information equally to all members in a timely manner.
Responds cooperatively to requests and advice.
Supports the actions of the elected body, both inside and outside of the organization, after a
decision has been reached.
Works with Council to facilitate and develop their thoughts and ideas into cohesive policy.
REPRESENTS THE CITY ON ALL TECHNICAL MATTERS WITH EXTERNAL AGENCIES
Acts as lobbyist, or coordinates with the City's lobbyist, with state and federal legislators.
Acts as a point of contact for state and federal agencies.
Represents the city with other municipalities and municipal groups.
When requested, coordinates public meetings with outside agencies or groups that may have an
impact on the community.
Skillfully and favorably represents the City to the press, radio and television.
94
A-30
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
MAINTAINS A POSITIVE RELATIONSHIP WITH THE PUBLIC
Is available for public comments, issues or complaints.
Coordinates resolution of public issues or concerns.
Makes an appropriate effort to maintain citizen satisfaction with services.
Is responsive to citizen requests for information in a timely manner.
Represents Council’s positions/policies accurately and effectively to the public.
Acts as an active liaison with the business community to assist in maintaining current businesses,
and strives to attract new businesses to the City.
FISCAL
Manages the financial resources of the City to ensure the City maintains a sound financial
condition.
Has a sound approach to the budget preparation and review processes which aids Council in
developing a realistic budget that is submitted on time.
Effective in controlling costs through the economic utilization of manpower, materials, and
equipment.
Provides sufficient information on the current financial status of the City.
Communicates concerns in a timely manner to the Council regarding issues that may
significantly affect the City fiscally in the foreseeable future.
Following are the goals of the City Manager as set by the City Council at the City Manager’s previous
evaluation:
GOAL 1
GOAL 2
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
95
A-31
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY MANAGER
SELF-EVALUATION FORM
NOT PUBLIC
Circle the response that best reflects your personal observation with regards to each of the following
criteria:
5 Excellent
4 Above Average
3 Average
2 Below Average
1 Unacceptable
N/R Not Rated (not included in tally)
OVERSEES THE DAY-TO-DAY OPERATIONS OF ALL MUNICIPAL SERVICES
Manages workforce and mediates personnel issues. 1 2 3 4 5
N/R
Manages all finances, budgets and investments of the city. 1 2 3 4 5
N/R
Negotiates and/or reviews contracts and leases. 1 2 3 4 5
N/R
Ensures daily operations of city departments are within the goals set by the
Council and the community.
1 2 3 4 5
N/R
Ensures the enforcement of city codes and ordinances. 1 2 3 4 5
N/R
Functions as the Incident Commander for major emergencies as detailed in the
City's Emergency Operations Plan.
1 2 3 4 5
N/R
Verbal and written communications are thoughtful, clear and to the point. 1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
96
A-32
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERSEES PROJECTS
Facilitates project development, coordination and prioritization. 1 2 3 4 5
N/R
Oversees all project implementation plans and budgets. 1 2 3 4 5
N/R
Monitors and reports projects status and budget to Council in a timely manner. 1 2 3 4 5
N/R
With the Finance Director, facilitates issuance of municipal bonds, as required. 1 2 3 4 5
N/R
Ensures contracts for projects are adhered to. 1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
MAINTAINS A GOOD WORKING RELATIONSHIP WITH CITY COUNCIL
Encourages rapport that facilitates trust and cooperation. 1 2 3 4 5
N/R
Carries out directives of the body. 1 2 3 4 5
N/R
Disseminates complete and accurate information equally to all members in a
timely manner.
1 2 3 4 5
N/R
Responds cooperatively to requests and advice. 1 2 3 4 5
N/R
97
A-33
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Supports the actions of the elected body, both inside and outside of the
organization, after a decision has been reached.
1 2 3 4 5
N/R
Works with Council to facilitate and develop their thoughts and ideas into
cohesive policy.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
REPRESENTS THE CITY ON ALL TECHNICAL MATTERS WITH EXTERNAL AGENCIES
Acts as lobbyist, or coordinates with the City's lobbyist, with state and federal
legislators.
1 2 3 4 5
N/R
Acts as a point of contact for state and federal agencies. 1 2 3 4 5
N/R
Represents the city with other municipalities and municipal groups. 1 2 3 4 5
N/R
When requested, coordinates public meetings with outside agencies or groups
that may have an impact on the community.
1 2 3 4 5
N/R
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
FISCAL
Manages the financial resources of the City to ensure the City maintains a sound
financial condition.
1 2 3 4 5
N/R
98
A-34
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Has a sound approach to the budget preparation and review processes which aids
Council in developing a realistic budget that is submitted on time.
1 2 3 4 5
N/R
Effective in controlling costs through the economic utilization of manpower,
materials, and equipment.
1 2 3 4 5
N/R
Provides sufficient information on the current financial status of the City. 1 2 3 4 5
N/R
Communicates concerns in a timely manner to the Council regarding issues that
may significantly affect the City fiscally in the foreseeable future.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
MAINTAINS POSITIVE RELATIONSHIP WITH THE PUBLIC
Is the primary point of contact for public information requests, and is responsible
for the timely return of the requests.
1 2 3 4 5
N/R
Provides information on public meetings and events. 1 2 3 4 5
N/R
Is courteous and receptive to public concerns and complaints ,and documents
them for the affected department and Council review.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
99
A-35
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Following are the goals of the City Manager as set by the City Council at the City Manager’s previous
evaluation:
GOAL 1
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 2
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
100
A-36
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERALL SCORE
Carry over the average score from each section:
Oversees The Day-To-Day Operations Of All Municipal Services
Oversees Projects
Maintains A Good Working Relationship With City Council
Represents The City On All Technical Matters With External Agencies
Maintains A Positive Relationship With The Public
Fiscal
Goals
All Scores Added Together =
÷ 7
Final Score =
Comments:
101
A-37
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY COUNCIL
EVALUATION FORM
For City Manager
NOT PUBLIC
Circle the response that best reflects your personal observation with regards to each of the following
criteria:
5 Excellent
4 Above Average
3 Average
2 Below Average
1 Unacceptable
N/R Not Rated (not included in tally)
OVERSEES THE DAY-TO-DAY OPERATIONS OF ALL MUNICIPAL SERVICES
Manages workforce and mediates personnel issues. 1 2 3 4 5
N/R
Manages all finances, budgets and investments of the city. 1 2 3 4 5
N/R
Negotiates and/or reviews contracts and leases. 1 2 3 4 5
N/R
Ensures daily operations of city departments are within the goals set by the
Council and the community.
1 2 3 4 5
N/R
Ensures the enforcement of city codes and ordinances. 1 2 3 4 5
N/R
Functions as the Incident Commander for major emergencies as detailed in the
City's Emergency Operations Plan.
1 2 3 4 5
N/R
Verbal and written communications are thoughtful, clear and to the point. 1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
102
A-38
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERSEES PROJECTS
Facilitates project development, coordination and prioritization. 1 2 3 4 5
N/R
Oversees all project implementation plans and budgets. 1 2 3 4 5
N/R
Monitors and reports projects status and budget to Council in a timely manner. 1 2 3 4 5
N/R
With the Finance Director, facilitates issuance of municipal bonds, as required. 1 2 3 4 5
N/R
Ensures contracts for projects are adhered to. 1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
103
A-39
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
MAINTAINS A GOOD WORKING RELATIONSHIP WITH CITY COUNCIL
Encourages rapport that facilitates trust and cooperation. 1 2 3 4 5
N/R
Carries out directives of the body. 1 2 3 4 5
N/R
Disseminates complete and accurate information equally to all members in a
timely manner.
1 2 3 4 5
N/R
Responds cooperatively to requests and advice. 1 2 3 4 5
N/R
Supports the actions of the elected body, both inside and outside of the
organization, after a decision has been reached.
1 2 3 4 5
N/R
Works with Council to facilitate and develop their thoughts and ideas into
cohesive policy.
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
104
A-40
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
REPRESENTS THE CITY ON ALL TECHNICAL MATTERS WITH EXTERNAL AGENCIES
Acts as lobbyist, or coordinates with the City's lobbyist, with state and federal
legislators.
1 2 3 4 5
N/R
Acts as a point of contact for state and federal agencies. 1 2 3 4 5
N/R
Represents the city with other municipalities and municipal groups. 1 2 3 4 5
N/R
When requested, coordinates public meetings with outside agencies or groups
that may have an impact on the community.
1 2 3 4 5
N/R
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
105
A-41
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
Following are the goals of the City Manager as set by the City Council at the City Manager’s previous
evaluation:
GOAL 1
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 2
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
1 2 3 4 5
N/R
Average Score:
Do not count N/R in the average score.
Comments:
106
A-42
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
OVERALL SCORE
Carry over the average score from each section:
Oversees The Day-To-Day Operations Of All Municipal Services
Oversees Projects
Maintains A Good Working Relationship With City Council
Represents The City On All Technical Matters With External Agencies
Maintains A Positive Relationship With The Public
Fiscal
Goals
All Scores Added Together =
÷ 7
Final Score =
Comments:
107
A-43
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
CITY COUNCIL
EVALUATION SUMMARY
For City Manager
PUBLIC
Evaluation Period:
City Manager Name:
FINAL SCORE
Final Score:
COMMENTS
108
A-44
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
GOALS FOR COMING YEAR
Following are the goals of the City Manager as set by the City Council at the City Manager’s current
evaluation for the coming year:
GOAL 1
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
GOAL 2
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
GOAL 3
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
{City Clerk will insert goals established from the previous evaluation here}
Identity a measurable component of the goal
ACKNOWLEDGED
City Manager Signature Date
Mayor Signature Date
Council Member Signature from Tabulation Team Date
Council Member Signature from Tabulation Team Date
109
C-1
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
110
C-2
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
111
C-3
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
112
C-4
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
City of Seward
City Council
Mobile Device Acceptable Use Policy
1. Purpose. The City of Seward recognizes the benefits of utilizing digital communication and
information, and supports the utilization of the mobile devices by the City Council. Users of
City-issued mobile devices acknowledge, understand, and agree to abide by the terms of this
policy.
2. Receipt of mobile device. The City Clerk’s Office will issue mobile devices that include
appropriate applications for uses relating to City business. The mobile devices will serve as the
sole source of meeting packets, and paper packets will not be provided except in the event that
technical problems require the use of paper packets. A City-issued mobile device is defined to
include the device itself, and any other accessories provided by the City such as power cords,
stylus tools, keyboard cases, etc.
3. Care of mobile device. Users are responsible for the general care of the mobile device that they
have been issued by the City. Mobile devices must remain free of any writing, drawing, stickers,
or labels that are not the property of the City. Only a clean, soft cloth should be used to clean the
screen. Users may consult with the IT Department or City Clerk with any questions or concerns
related to appropriate care of the mobile device.
4. Software on mobile device. The software and applications installed by the City must remain on
the mobile device in usable condition and be readily accessible at all times. From time to time,
the City may add or upgrade software applications such that users may be required to check in
their mobile devices with the IT Department or the City Clerk for periodic updates and syncing.
In the event it becomes necessary to restore a mobile device to its original condition, the City
will not be held responsible for the loss of any software, documents, photos or other content that
may be deleted due to the need to re-format and/or re-image the mobile device. Any applications,
software, files, or content downloaded via the Internet into the City systems become the property
of the City and may only be used in ways that are consistent with applicable licenses,
trademarks, or copyrights.
Files from sources that a user may have any reason to believe may be untrustworthy shall not be
downloaded, nor shall files attached to email transmissions be opened and read unless the user
has knowledge that they originate from a trustworthy source. Downloaded files and attachments
may contain viruses or hostile applications that could damage the City’s information systems.
Users will be liable for any expenses incurred by the City arising from a user’s breach of security
caused by files obtained for non-City business purposes.
5. Life of the mobile device. The technological life of the mobile devices will vary; therefore, the
mobile devices will be assessed periodically and, when necessary, the City will purchase
upgraded devices through the budgeting process. Decommissioned devices will be placed in the
City surplus sale for public auction.
113
C-5
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
6. Security of the mobile device. The user shall maintain a secure PIN or other password
protection and a time-out setting on the device to avoid access by unauthorized users, and shall
physically secure the mobile device to restrict unauthorized access. The PIN must be provided to
the City Clerk’s Office and through the Clerk’s Office m ade accessible to the Information
Technology (IT) Department. The PIN may not be shared with any unauthorized users.
7. WARNING – NO PRIVACY. There is no privacy granted to any user regarding use of a City-
provided mobile device. The City retains the absolute right to inspect, retain, or otherwise gather
any Internet-related data or evidence of activity including e-mail, e-mail attachments,
downloaded files, or browser history of sites visited using any City-provided mobile device.
Users of City-provided mobile devices should consider any Internet activity or other mobile
device use to be monitored by the City. Communications, whether relating to City business or
not, made via City-issued devices may be subject to disclosure under the Public Records Act or
for litigation purposes unless a privilege or exception exists that justifies withholding the
information.
8. Audits. All mobile devices are subject to audit by the Information Technology Department. If
contacted by IT, users have three days to provide their mobile device to the IT Director. They
may be provided a “loaner” to use in the interim. Typically, the IT Department will return the
mobile device to the user within five business days.
9. Representations. In any posting to public forums, networking sites, or e-mail correspondence,
users must take care to ensure that their personal statements, views and opinions are not
misconstrued as official positions of the City. Users may not represent their statements as official
City policy unless authorized to do so.
10. Email Usage for City Business. For the purposes of activity related to City business, the user
shall conduct all email communication through their assigned City email account. To preserve
public records, all email messages that are sent to or from a user’s City email account on the
mobile device are routed through a City server and archived on the City computer network.
Such messages may be public records that are subject to public access and inspection. Mobile
device users have no expectation of privacy in those messages. The user’s City email account
may be synced to the user’s individual mobile device. Personal email boxes may be synced to the
City-provided mobile device as well, but all City-related business must be conducted through the
City email address or copied to the City email address if the user’s personal email box is used.
Text messages sent to or from a user’s City-provided mobile device are not routed through a City
server or archived on the City computer network, and hence, are not preserved as public records.
Users may not use text messages for communications about City business that must be preserved
as public records for their informational value or as evidence of the organization or operation of
the City. A user’s use of a City-provided mobile device to send text messages for City business
must be limited to communications that are transitory—those that after their immediate use will
114
C-6
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
have no value as evidence of the organization or operation of the City, such as routine
appointment and scheduling requests.
11. Acceptable Use. The mobile device, Internet and email access provided are tools for conducting
City business. Thus, use of such tools will be primarily for City business related purposes; i.e., to
review City Council agenda materials, obtain useful information for City-related business
communications as appropriate. All of the City’s computer systems, including the mobile device,
are considered to be public property. Mobile device, Internet, and email activities will be
traceable to the City and may impact the reputation of the City. Users are expected to exercise
good judgment and restraint in their personal use of City-provided mobile devices. City-issued
mobile devices shall not be used to send or knowingly download any vulgar, discriminatory, or
pornographic content. Users shall refrain from making any false or defamatory statements or
committing otherwise unlawful, unprofessional or unethical acts utilizing a City-issued mobile
device.
City-issued mobile devices are not to be used for operating a business for personal gain, sending
chain letters, or for any other purpose that interferes with normal City business activities. Users
shall not use City-issued mobile devices for any illegal activity.
Except in an emergency, users shall not use email, instant messaging, text messaging, or similar
forms of electronic communications at any time during a meeting of the City Council. Users
shall not use the mobile device in any way as to violate the Open Meetings Act requirements of
the State of Alaska.
Mobile device users are allowed to have music and install applications on their mobile device;
however, the items downloaded and synced to the mobile device must be in compliance with
Federal copyright laws and shall be acquired at the expense of the user and will be deemed
surrendered and forfeited, including any content created by a user on the mobile device, when
the mobile device is decommissioned. All applications used in the course of business-related
activities shall be secured in conjunction with the City Clerk’s Department.
12. User Responsibility. It is the responsibility of the user to ensure the City-provided mobile
device is kept in a reasonable and safe condition. Should a mobile device be accidentally lost,
damaged, or stolen, responsibility for replacement shall be as follows:
a. First time: City shall repair or replace at no cost to the user.
b. Second time: The City shall pay half the cost of repair or replacement and the user shall
pay half the cost.
c. Thereafter: The user shall be entirely responsible for repair or replacement costs and shall
replace the unit within two weeks of the equipment loss.
Mobile devices that are damaged or destroyed through intentional misuse must be repaired or
replaced at the user’s expense.
115
C-7
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
The user of the device must notify the City Clerk’s Office immediately or as soon as practicable
upon loss, theft or suspected loss/theft of the device. Where possible, the contents of the device
will be remotely erased and the services associated with the device will be disabled.
13. Return of the mobile device. Users shall return their mobile device to the City Clerk’s
Department when the individual’s term and service as Mayor or Councilmember has ended.
Upon return of the mobile device to the City and following the preparation of any appropriate
backup files, the mobile device will be wiped clean of any and all information.
14. Indemnification. The City bears no responsibility whatsoever for any legal action threatened or
commenced due to conduct and activities of users in accessing or using these resources. All users
agree to indemnify and hold harmless the City against any and all claims of any kind or nature
whatsoever for damages, including tangible and intangible damages, costs and expenses suffered
by the City arising out of any unlawful or improper conduct and activity related to City-provided
mobile devices, and in respect of any action, settlement or compromise, or any statutory
infringement.
15. Compliance with Policy. Any violation of this policy may result in discipline as deemed
appropriate by the City Council.
I hereby certify that I have received a written copy of the City Council Mobile Device Acceptable Use
Policy. I have read and fully understand the terms of this policy and agree to abide by it.
Dated: By:
(Elected Official’s Signature)
(Printed Name)
116
D-1
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
LEGISLATIVE HISTORY
Below is a legislative history of the Rules of Council Procedure and its amendments:
RESOLUTION ACTION EFFECTIVE
1994-031 Approving City Council Rules Of Procedure 3/14/1994
1995-078 Amending The Council’s Rules Of Procedure 7/10/1995
1996-037 Approving The City Council Agenda Format And Regulations Governing Public
Participation In City Council Meetings
3/28/1996
1996-088 Amending City Council Rules Of Procedure, Rule 39, Council Travel 7/8/1996
1996-108 Amending The City Council’s Adopted Rules Of Procedure 8/26/1996
1998-013 Amending The City Council Rules Of Procedure To Amend Rule 26, Order Of
Business, And Rule 27, Addressing The Council By The Public To Allow Citizen’s
Comments On Items Not Appearing On The Agenda
2/23/1998
2003-095 Amending Rule 27 Of The City Council Rules Of Procedure, Eliminating The Need
For A Physical Address To Be Given While Addressing The City Council
9/4/2003
2003-101 Amending Introduction Page Ii Of The City Council Rules Of Procedure, Relating
To A Change In The Regular Meeting Day Of The Planning And Zoning
Commission
10/23/2003
2003-116 Amending Rule 7, Rule 11, Rule 13, Rule 15, Rule 23, Rule 24, Rule 27 (B)(1), Rule
27 (2)(A), Rule 27 (2)(C), Rule 27 (11)(D), Rule 28 (D), Rule 32 (A), Rule 34 (A),
Rule 36 (B), Rule 38, Rule 39, Rule 40, And Rule 42 Of The City Council Rules Of
Procedures, Deleting Gender Specific Wording
11/24/2003
2003-117 Amending The Introduction Page I Paragraph 4 Of The City Council Rules Of
Procedures To Delete Gender Specific Wording
11/24/2003
2003-118 Amending What Is Now Page 22 Section V #4 Of The City Council Rules To Delete
Gender Specific Wording
11/24/2003
2003-119 Amending What Is Now Page 25 Section IV Under The Heading “Due Process
Checklist – Licenses And Permits” Of The City Council Rules Of Procedures To
Delete Gender Specific Wording
11/24/2003
2003-120 Amending What Is Now Page 27 Section VI #2 Under The Heading “Taking
(Inverse Condemnation) Checklist” Of The City Council Rules Of Procedures To
Delete Gender Specific Wording
11/24/2003
2003-121 Amending What Is Now Page 28 Section VI #14 Under The Heading “General
Ordinance Adoption Checklist” Of The City Council Rules Of Procedures, To
Delete Gender Specific Wording
11/24/2003
2003-122 Amending Rule 16 Of The City Council Rules Of Procedures, Relating To A
Change In The Month That Salary Negotiations Would Take Place For The City
Clerk And City Manager
11/24/2003
2003-123 Amending Rule 9 (A) And Rule 9 (B) Of The City Council Rules Of Procedures
Relating To A Change In The Deadline For Adding Items To The City Council
Agenda
11/24/2003
2003-124 Amending Rule 8 (C) Of The City Council Rules Of Procedures Adding Reference
To The Seward Charter And Seward City Code Regarding The Deadline For
Delivering Mail To Council, City Manager, Newspaper And Radio Stations, And
Deleting Unnecessary Verbiage
11/24/2003
2003-125 Amending Rule 20 (B)(2) On Page 7 Of The City Council Rules Of Procedures
Adding A Sentence And Referencing Seward Charter 3.5L Regarding Obligations
Of Council Members Procedure
11/24/2003
117
D-2
Council Rules of Procedure Adopted March 14, 1994 As Amended Through June 13, 2016
RESOLUTION ACTION EFFECTIVE
2003-126 Amending Rule 32 (A) And Rule 32 (B) On Page 17 Of The City Council Rules Of
Procedures Deleting Gender Specific Wording, Adding Verbiage Regarding The
Effective Date Of Emergency Ordinances And Adding Reference To Seward City
Code
11/24/2003
2003-127 Amending Rule 37 Of The City Council Rules Of Procedures Deleting Gender
Specific Wording And Adding Reference To Seward City Code
11/24/2003
2004-003 Amending Rule 41 Of The City Council Rules Of Procedures Updating The
Deadlines For Budget Priorities And Policies
1/122004
2005-071 Amending Rule 4 And Rule 29 (C) Of The City Council Rules Of Procedures To
Allow For Council Liaison Appointments To Be Optional Instead Of Mandatory
8/8/2005
2005-082 Amending Pages II, III, And IV And Rule 29 (C) Of The City Council Rules Of
Procedures Requesting In The Absence Of Council Liaisons, A Member Of Each
Board And Commission Give Periodic Reports To Council
9/12/2005
2006-021 Amending Rule 22 Of The City Council Rules Of Procedures To Reflect Exclusion
Of Elected Officials From The Public Employees Retirement System (PERS)
3/13/2006
2006-133 Amending The City Council Rules Of Procedures To Amend Rule 26, Order Of
Business
12/11/2006
2008-040 Amending The Introduction Of The City Council Rules Of Procedures, Port And
Commerce Advisory Board Responsibilities
5/12/2008
2009-078 Amending Minor Language Changes To Rule 35 Of The City Council Rules Of
Procedures To Be Consistent With Past Changes
8/24/2009
2009-079 Changing Rule 2 Of The City Council Rules Of Procedures To Reflect A Change In
The Meeting And Adjournment Times For City Council Regular Meetings
8/24/2009
2010-003 Amending Rule 16 Of The City Council Rules Of Procedures To Reflect Changes
Made To The Evaluation Process For The City Manager, City Attorney, And City
Clerk
1/11/2010
2012-002 Amending The City Council Rules Of Procedures To Amend Rule 27, Addressing
The Council By The Public – Citizens’ Comments And Discussion, To Reflect The
Time Limit From Two Minutes To Three Minutes Per Person And The Total Time
From Not More Than 30 Minutes To Not More Than 36 Minutes
1/9/2012
2014-021 Amending The City Council Rules Of Procedures Rule 26, Order Of Business And
Rule 27, Procedures For A Public Hearing
2/10/2014
2016-038 Amending The City Council Rules Of Procedures To Incorporate A Mobile Use
Device Acceptable Use Policy And To Clarify Electronic Communications As It
Pertains To Public Meetings
6/13/2016
2017-038 Amending Rule 16 Of The City Council Rules Of Procedures To Reflect Changes
Made To The Evaluation Process For The City Attorney, City Clerk, And City
Manager
7/10/2017
2019-XXX Amending The City Council Rules Of Procedures. 2/25/2019
118
Sponsored by: City Clerk
Introduction Date: January 14, 2019
Public Hearing Date: January 28,2019
Enactment Date: January 28, 2019
CITY OF SEWARD,ALASKA
ORDINANCE 2019-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING CITY CODE TITLE 2 TO UPDATE SUFFICIENT
NOTICE OF MEETING AND CITY COUNCIL VOTING PROCEDURE
WHEREAS, on December 10, 2018, the Seward City Council held a work session to
review the City Council Rules of Procedures, and as a result, there were two areas of City Code
identified that need updating; and
WHEREAS, one item relating to the practice of providing notice of a special meeting
will be updated to accommodate a more modern approach of using e-mail as a delivery method;
and
WHEREAS, another item to be addressed is a discrepancy between the Charter versus
the City Code as it relates to council's voting procedures;the Charter prohibits a member of City
Council to abstain from voting on any agenda item, save for when the Council Member declares
a potential conflict of interest and is ruled to have " a substantial direct or indirect fmancial
interest'; and
WHEREAS, City Code is being updated in Section 2.10.032 — Notice of Meeting to
more accurately reflect current procedure, and Section 2.10.035 - Voting to uphold the Charter
language and intent.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code TITLE 2 — ADMINISTRATION is hereby amended as
follows:
Deletions are Bold S ikct oughs;Additions are Bold Italics.)
2.10.032 -Notice of meeting.
The city clerk shall give at least twenty-four hours' written notice to the mayor, city
manager, and to each councilmember of all special meetings and work sessions, designating the
time, location and purpose of the meeting. Such notice shall be served personally on each
member of the council, or left at his usual place of business or residence, by the city clerk or by
someone designated by him. A copy of such notice shall also be delivered to the place of
business of each newspaper printed and published in the city and each radio station, but this
requirement shall not be jurisdictional to the holding of such meetings. Notice delivered via e-
119
CITY OF SEWARD, ALASKA
ORDINANCE 2019-001
mail and/or telephonically to media, each Council Member, and the City Manager, and posted
in three public places at least 24 hours prior to the meeting, shall suffice as proper notice.
2. 10.035 - Voting—Sequence, procedure,conflicts of interest.
a) The voting sequence of the council shall be alternated for each meeting by the city clerk.
b) Any vote of the council may be by voice vote upon demand of any member, either prior or
subsequent to any vote. Such vote shall be by roll call. Each member shall answer by the
word "yes" or "no." . . , . , . . .. . .. ,
yl
c) No member of the council may discuss or vote on any question in which the member has a
direct or indirect substantial financial interest. Direct or indirect financial interest shall be
disclosed to the presiding officer prior to the beginning of debate on the question for a ruling
on a request from the member with the financial interest to be excused from the discussion
and vote. The decision of the presiding officer on a request by a member of the city council
to be excused from discussion and a vote may be overridden by the majority vote of the
council. If there are not at least four councilmembers in attendance who are qualified to
vote, the matter shall be tabled until the next regular or special meeting at which four
councilmembers qualified to vote on the matter are in attendance.
d) A municipal employee or official, other than a member of the city council, may not
participate in an official action in which the employee or official has a substantial financial
interest.
Section 3. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 28th day of January, 2019.
THE CITY OF SEWARD, ALASKA
114111
David Squires, yor
AYES: Towsley, Lane, Seese, Osenga, McClure, Horn, Squires
NOES: None
ABSENT: None
ABSTAIN: None
120
CITY OF SEWARD,ALASKA
ORDINANCE 2019-001
ATTEST:
4L. / re, /
Brenda J. Ballou, "MC
City Clerk
City Seal) ••.•••••..,
of gEy•.
SEAL •
w •
S •' E 1,•••• Q':
121
Meeting Date:
To:
From:
Agenda Item:
COUNCIL AGENDA STATEMENT
January 28, 2019
Honorable Mayor and Council
Brenda Ballou, City Clerk
Ordinance 2018-001, Amending City Code Title 2 To Update Sufficient
Notice Of Meeting And City Council Voting Procedure.
BACKGROUND & JUSTIFICATION:
The Seward City Council relies heavily on the City Council Rules of Procedures (CCROP) to
provide them with clear guidelines for conducting the business of the city. The CCROP is an
extraction of the City Code and Charter, presented in an easy-to-read format that highlights the
most practical aspects of council procedures. It is a time-saving document that enables council
members to scan the rules and procedures quickly and easily.
On December 10, 2018, council conducted a work session to review the CCROP. The intent of
the work session was to both refresh council and the public with the rules and procedures, and to
ensure that the content was aligned with the City Code and Charter. During the work session,
two areas were identified that required additional review: Notice of [Special] Meeting, and
Council] Voting [Procedures].
Seward City Code Section 2.10.032 – Notice of Meeting refers to noticing special meetings. The
language, although accurately reflecting the Charter, does not accommodate more modern forms
of notice delivery – specifically, the use of e-mail. The use of e-mail, in conjunction with
telephonic notice, and posting notices in three public places, is being added to the code to allow
for this delivery mechanism.
Seward City Code Section 2.10.035 – Voting – Sequence, Procedure, Conflicts of Interest is
being addressed by eliminating of some code language that is not in keeping with the Charter
provisions. Seward Charter 3.5, as pointed out in a May, 2018 training by City Attorney Holly
Wells, does not allow for a council member to abstain from voting, unless they are ruled to have
a conflict of interest. The code language change will therefore clarify that no member of council
may abstain from voting on a matter upon which they are qualified to vote (i.e., for which they
have no conflict).
INTENT:
The intent of this Ordinance is to update City Code to more accurately reflect modern notice
delivery mechanisms, and to uphold the Charter regarding council member voting procedures.
21122
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): X
2. Strategic Plan (document source here) : X
3. Other (list): Seward Charter 3.5 X
FISCAL NOTE:
This change in the City Code is expected to have no financial impact upon the City.
Approved by Finance Department: ______Yes_________________________________
ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______
RECOMMENDATION:
Enact Ordinance 2019-001.
22123