Chapter 1.24 Mayor and Council
Sections:
1.24.010 Selection of officers.
1.24.020 Eligibility.
1.24.030 Composition of governing body--Terms of office.
1.24.040 By-laws for Council procedure.
1.24.050 Filling a vacancy.
1.24.060 Mayor's power & duties.
1.24.070 Mayor's veto.
1.24.080 Mayor's absence.
1.24.090 State of Alaska--Conflict of interest statute exemption.
1.24.100 Teleconference participation in meetings.
1.24.110 Teleconference procedures.
1.24.120 Teleconference – limitations.
1.24.010 Selection of officers. The Mayor and City Council shall be selected as provided for under the Statutes of the State of Alaska and the provisions of the City Code. (Ord. 90-22, 1990).
1.24.020 Eligibility for office. A person is eligible for the office of City Council or the office of Mayor if the person is a voter of the City as prescribed by 4.05.010 and has been a resident within the City for a period of one year immediately preceding the election day on which the person is a candidate.
b. Residency within an area that becomes part of the City as a result of a local boundary change shall be deemed residency within the City for purposes of satisfying the one year residency requirement of this section. (Ord. 02-05, 2002; Ord. 90-22, 1990.)
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1.24.030 Composition of governing body--Terms of office. a. The governing body of the City of Homer shall consist of six Councilmembers, two of whom are elected each year and shall serve for a term of three years.
b. The Mayor shall be elected for a two-year term.
c. Persons so elected to office under this chapter shall take office on the first Monday following certification of the election in which that person was elected. There will be a special meeting, held at the regular time, for the purpose of administering the oath of office to the elected candidates. (Ord. 90-22, 1990.)
1.24.040 By-laws for Council procedure. The following by-laws shall govern the procedures of the City Council of the City:
a. To abide by existing Alaska State laws pertaining to cities of the first class;
b. To abide by the current edition of Robert's Rules of Order insofar as this treatise is consistent with these by-laws, other provisions of the Homer City Code, or unwritten standing rules adopted by the City Council. In all other cases, by-laws, the Code or the standing rule shall prevail;
c. The Council's agenda format specified in the City of Homer City Council Operating Manual, as the same may be amended from time to time, is incorporated herein by reference.
1. The manual may be revised with Council approval;
2. A copy of the manual shall be available to the public during regular business hours at the Homer City Hall and be available during City Council meetings.
d. Regular meetings:
1. Second and fourth Mondays of each month at six p.m., unless otherwise provided by two-thirds vote of the City Council;
2. The agenda shall be provided to each Councilmember thirty-six hours prior to meeting, by City Clerk;
3. Adding items to or removing items from the agenda will be by unanimous consent of the Council;
4. Public notice of a regular meeting shall be made as provided in chapter 1.14.
e. Special meetings:
1. Called by Mayor or majority of the Council;
2. If a majority of members are given at least thirty-six hours oral or written notice and reasonable efforts are made to notify all members, a special meeting may be held at the call of the presiding officer or at least one-third of the members.
3. Agenda shall be as per subsection c.;
4. Public notice of a special meeting shall be made as provided in chapter 1.14.
f. Emergency meetings:
1. By unanimous consent of quorum;
2. Required justifiable reason;
3. Informal agenda--limited to emergency;
4. Public notice shall be made as provided in chapter 1.14.
g. Teleconference participation in meetings may be authorized pursuant to sections 1.24.100—1.24.120.
1. By determination of the council , pursuant to chapter 1.14.
h. Quorum; Voting:
Four Councilmembers shall constitute a quorum. Four affirmative votes are required for the passage of an ordinance, resolution, or motion. A member of the Council acting as Mayor pro tem shall not lose his vote as the result of serving in such office. The mayor is not a Councilmember and may vote only in the case of a tie. The final vote on each ordinance, resolution, or substantive motion may be a roll call vote or may be done in accordance with 1.24.040(k);(See AS 29.20.160(c)(d))
i. Motions to reconsider:
A member of the Council who voted with the prevailing side on any issue may move to reconsider the Council's action at the same meeting or at the next regular meeting of the body. Notice of reconsideration shall be given to the Mayor or City Clerk within forty-eight hours from the time the original action was taken;
j. Abstentions:
All Councilmembers present shall vote unless abstention is required by law (AS 29.20.160(d)).
k. Consensus:
The Council may, from time to time, express its opinion or preference concerning a subject brought before it to consideration. The statement, representing the will of the body and a meeting of the minds of the members, may be given by the presiding officer as the consensus of the body as to that subject without taking a motion and roll call vote.
l. Vacancies:
An elected municipal office is vacated under the following conditions and upon the declaration of vacancy by the Council. The Council shall declare an elective office vacant when the person elected:
1. Fails to qualify or take office within thirty days after his election or appointment;
2. Resigns and his resignation is accepted;
3. Is physically or mentally unable to perform the duties of the office as determined by two-thirds vote of the Council;
4. Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the members of the Council concur in expelling the person elected;
5. Misses three consecutive regular meetings unless excused;
6. Is convicted of a felony or of an offense involving a violation of the oath of office;
7. Is convicted of a violation of AS 15.13 concerning Alaska Public Offices Commission reporting requirements;
8. No longer physically resides in the municipality and the City Council by two-thirds vote declares the seat vacant; and
9. Is physically absent from the municipality for ninety consecutive days unless excused by the City Council.
m. Salaries of elected officials
The Council may fix by ordinance the salaries of elected officials. The Councilmembers will receive a $50.00 non wage stipend per month during their term of office as a reimbursement for expenses and the Mayor at $75.00 per month. The City shall not spend any funds for elected officials membership in the Public Employees Retirement System. An elected official may not receive any other compensation for service to the municipality unless specifically authorized to do so by ordinance. Per diem payments or reimbursements for expenses are not compensation under this section.
n. Any person making personal, impertinent, threatening or slanderous remarks or who shall become boisterous while addressing the Council, shall be forthwith, by the presiding officer barred from further audience at the meeting before the Council, unless permission to continue be granted by a majority vote of the Council. (Ord. 10-51(A), 2011; Ord. 10-45 § 1, 2010; Ord. 09-54 § 1(part), 2009; Ord. 07-45(A)(S) §4, 2007; Ord. 05-58(S)(A), 2005, Ord. 03-48(A), 2003; Ord. 01-30, 2001; Ord. 99- 17(A) Section 2, 1999;Ord. 96-07(S)(A) 1(part), 1996;Ord. 95-16(S), 1995; Ord. 92-28(S), 1992; Ord. 91-12, 1991; Ord. 90-22, 1990.)
1.24.050 Filling a vacancy. a. If a vacancy occurs in the City Council the remaining members shall, within thirty days, appoint a qualified person to fill the vacancy. If less than thirty days remain in a term, a vacancy may not be filled.
b. Notwithstanding (a) of this section, if the membership is reduced to fewer than the number required to constitute a quorum, the remaining members shall, within seven days appoint a number of qualified persons to constitute a quorum.
c. A simple majority, not a quorum, vote of the remaining Councilmembers is required to select and appoint persons to fill Council vacancies.
d. A person appointed under this section serves until the next regular election, when a successor shall be elected to serve the balance of the term.
e. A vacancy in the office of Mayor occurring within six months before a regular election shall be filled by the Council. The person appointed serves until the next regular election when a successor is elected to serve the balance of the term. If a member of the Council is appointed Mayor, the member shall resign the seat on the Council. If a vacancy occurs more than six months before a regular election, the governing body shall call a special election to fill the unexpired term. (Ord. 05-60, 2005; Ord. 90-22, 1990)
1.24.060 Mayor's power and duties. The Mayor acts as ceremonial head of the Council, executes official documents on authorization of the Council and is responsible for additional duties and powers prescribed by Code or by Alaska Statute Title 29. (Ord. 90-22, 1990)
1.24.070 Mayor's veto. a. Except as provided in this section, the Mayor may veto an ordinance, resolution, motion, or other action of the City Council and may strike or reduce appropriation items.
b. A veto must be exercised before the next regular meeting of the City Council. A veto must be signed by the Mayor and be accompanied by a written explanation of the reasons for the veto. A veto that is not signed or that fails to include a written explanation of the reasons for the veto is ineffective. A veto may be overridden by vote of two-thirds of the authorized membership of the City Council within twenty-one days following exercise of the veto, or at the next regular meeting, whichever is later. The City Council shall first consider a veto override at the first regular or special Council meeting, not including worksessions, that occurs following the veto, but the City Council may postpone taking action from time to time until the expiration of the time for override specified in the preceding sentence.
c. The veto does not extend to:
1. Actions of the City Council sitting as the Board of Adjustment;
2. Adoption or repeal of a Manager plan of government;
3. The veto does not extend to an ordinance adopted under AS 04.11.501. (Ord. 96-01, 1996; Ord. 90-22, 1990).
1.24.080 Mayor's absence. At the first meeting of the Council following certification of the municipal election each year, there shall be appointed a Mayor Pro Tempore, by majority vote of Council, to act as Mayor during the Mayor's temporary absence or disability. (Ord. 90-22, 1990).
1.24.090 State of Alaska--Conflict of interest statute exemption. (Repealed) (Ord 06-68(S)(A), §3, 2007; Ord. 90-22, 1990)
1.24.100 Teleconference participation in meetings.
a. Sections 1.24.100 through 1.24.120 govern the telephonic participation of the Mayor and members of the Council at all meetings of the City Council, including all other bodies that are comprised of the Mayor and members of the Council, such as, but not limited to, the Board of Adjustment and an ethics board.
b. The preferred procedure for City Council meetings is that the Mayor and all Council members should be physically present at the designated time and location within the City for the meeting. However, physical presence may be waived and the Mayor and any member(s) may participate in a Council meeting by teleconference, subject to the procedures and limitations provided in sections 1.24.100—1.24.120.
c. A person participating by teleconference shall, while actually on the teleconference, be deemed to be present at the meeting for all purposes. The person shall make every effort to participate in the entire meeting.
d. If the Mayor participates telephonically the Mayor Pro Tem, or the senior Council member in the Mayor Pro Tem's absence, shall preside over and perform all functions of the Mayor at the meeting.
e. “Teleconferencing” means a means used for remote participation by an official for a meeting of the city council which must enable the remote official for the duration of the meeting, to clearly hear the mayor, all councilmembers, the city clerk and public testimony and to be clearly heard by the mayor, all councilmembers, the city clerk and the public in attendance. (Ord. 07-45(A)(S)§1, 2007)
1.24.110 Teleconference procedures. a. A Mayor or Council member who cannot be physically present for a regularly scheduled Council meeting shall notify the City Clerk at least five days prior to the scheduled time for the meeting of his or her request to participate in the meeting by telephonic means of communication.
b. Three days prior to the scheduled time for the Council meeting, the City Clerk shall notify the Mayor and Council of the person's request to participate by teleconference.
c. At the commencement of the Council meeting a telephonic connection will be established with the person or persons intending to participate telephonically. After a telephonic connection is
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1.24.110(c)--1.24.120(d)
established the Mayor shall call for a vote of the council on whether the person(s) may or may not participate by telephone. Prior to the vote, the Mayor or Council members may make such inquiries as necessary to make a decision. Only the Council members physically present may vote on the question. The Council's determination is final and not subject to veto or appeal. If a person participates in the meeting telephonically without a ruling from the Council, it shall be deemed to be with the approval of such participation by the Council, and all actions taken by the Council with the participation of all such persons are valid.
d. Sections a. and b. of this section do not apply to special meetings or emergency meetings of the City Council called under §§ 1.14.030 and 1.14.050 of the Homer City Code. A Council member or Mayor who requests to participate in a special or emergency meeting of the City Council must notify the City Clerk before the time scheduled for the start of the meeting. The Clerk will notify the Mayor and Council no later than the commencement of the meeting. After a telephonic connection is established with the person or persons requesting to participate telephonically, a ruling shall be made on the person's participation in the meeting as provided in subsection c. of this section.
e. The means used or a teleconference meeting of the City Council must enable each member appearing telephonically to clearly hear the Mayor, all other Council members, and public testimony at the meeting as well as be clearly heard by all other Council members and members of the public in attendance.
f. The City Clerk shall note in the journal of the proceedings of the City Council all members appearing telephonically.
g. To the extent practicable, materials to be considered by the council shall be made available to those attending by teleconference. (Ord. 07-45(A)(S)§2, 2007)
1.24.120 Teleconference – limitations. a. All Council members and the Mayor should make all reasonable effort to be physically present for every meeting. Teleconference procedures may not be used as a regular means of attendance at meetings.
b. Participation by teleconference may be denied whenever the physical presence of the individual is considered essential to effective participation in the meeting or to the proper conduct of the business to be addressed at the meeting.
c. If teleconferencing is denied the individual will be listed as absent.
d. Each Council member and the Mayor may attend a maximum of three City Council meetings by teleconference during the 12 month period commencing November 1 each year.
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1.24.120(e)--1.30.010(h)
e. Each Council member and the Mayor may attend additional teleconferences as a special exception if expressly approved for good cause in each instance by a vote of the Council. Good cause may include, but is not limited to absence required for extended medical care needed for the individual or the individual's immediate family.
f. No Council member or the Mayor shall attend by telephonic means:
1. an executive session of the City Council.
2. a hearing on an ethics charge under Chapter 1.18.
(Ord. 07-45(A)(S)§3, 2007)
[1] For statutory provisions regulating the composition and procedures of City Councils, see AS 29.20.130-.180; for provisions setting forth the qualifications, term and power and duties of City mayors, see AS 29.20.220-.280. Prior ordinance history: Ordinances 1-200.3, 1-100.4, 70-3, 75-8, 76-14, 77-18, 81-2, 82-11, 83-9, 86-22(S), 88-14, 90-13; prior code section 3-200.1-.11.