Council
HOMER,
City Manager
ORDINANCE
99-17(A)
AN ORDINANCE OF THE
WHEREAS, during the regular Council meeting of
Section 1. Homer
City Code Chapter 1.14, Notice of Meetings, is hereby amended to add a new
section, regarding teleconference meetings.
1.14.080 Teleconference meetings.
The preferred procedure for City Council meetings is that all Councilmembers
should be physically present at the designated time and location within the
City for the meeting. However, physical presence may be waived by the Council
and a Councilmember may participate in a Council meeting by teleconference as
provided in this chapter when in the opinion of the Mayor the physical presence
of the Councilmember is not essential to effective participation or the conduct
of business at the meeting. A Councilmember participating by teleconference
shall be deemed to be present at the meeting for all purposes. In the event the
Mayor participates telephonically the Mayor Pro Tem or, in the Mayor Pro Tem's absence, the senior Councilmember shall run the
meeting.
1.14.085 Teleconference procedures. a. A Councilmember 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 intent to appear at the meeting by telephonic means of communication.
b. The City Clerk shall notify the Council three days prior to the scheduled time for the Council meeting of Councilmembers intending to appear by teleconference. The Council shall determine whether physical presence is necessary to effective participation or the conduct of business at the meeting. If the Council determines that physical presence is required, the City Clerk shall advise all Councilmembers intending to appear telephonically that physical presence is required.
c. The Council shall determine at the meeting
wherein the teleconferencing has been requested whether or not the
Councilmember(s) shall participate by teleconference. This shall be decided
under the agenda item, Call to Order. If the Council determines that the
teleconferencing is not required for the conduct of business the
Councilmember(s) shall be notified in the most expedient manner possible.
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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. Councilmembers may appear at a special meeting or emergency meeting by teleconference and be considered present for all purposes unless the Mayor or the Councilmembers calling the special meeting or emergency request the physical presence of Councilmembers in the advance notice of the meeting.
e. The Council may require that all Councilmembers appearing telephonically present at one teleconference site whenever such presence is possible.
f. The means used to facilitate a teleconference meeting of the City Council must enable each Councilmember appearing telephonically to clearly hear all other Councilmembers and members of the public attending the meeting as well as be clearly heard by all other Councilmembers and members of the public.
g. The City Clerk shall
note in the journal of the proceedings of the City Council all City
Councilmembers appearing telephonically.
Section 2. Homer City Code Chapter 1.24, By laws for Council procedure, is hereby amended to add a new section, regarding teleconference meeting procedures
.
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
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
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
d. Regular meetings:
1. Second and fourth Mondays of each month at seven-thirty 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;
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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 meetings.
1. By determination of the Council, pursuant to chapter 1.14.
h.g.
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 is a recorded roll call vote;(1)
i.h. 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.i. Abstentions:
All Councilmembers present shall vote unless abstention is required by law (AS 29.20.160(d)).
k.j. 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.k. 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;
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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.l. Salaries of elected officials
The Council may fix by ordinance the salaries of elected officials. The Homer City Council shall received an expense allowance of $50 per month. 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. (Ord. 95-16(S), 1995).
n.m. 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. 96-07(S)(A)
§1(part), 1996; Ord. 92-28(S), 1992; Ord. 91-12, 1991; Ord. 90-22,
1990)
Section
3. This Ordinance is of a
permanent and general character and shall be included in the City Code.
ENACTED BY
THE
________________________
ATTEST:
JACK CUSHING, MAYOR
_________________________________________
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YES: _____________________
NO: ______________________
ABSTAIN: _________________
ABSENT:
__________________
First
Public Hearing: _________
Second
Effective
Date: _________
Reviewed
and Approved as to form and content:
__________________________________ ___________________________
RON
DRATHMAN,
DATE:
__________________ DATE: _________________
1. AS 29.20.160(c)(d)