A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING THE PORT AND HARBOR ADVISORY COMMISSION BYLAWS.

A. To abide by existing Alaska State Law, Borough Code of Ordinance, where applicable, and Homer City Code;

B. To abide by Robert's Rules of Order, current edition, in so far as this treatise is consistent with Homer City Code.

C. Regular meetings:

1. Fourth Wednesday of each month at 7:00 p.m. (Resolution 98-23);

2. Agenda deadline is the Wednesday of the week preceding the meeting date at 5:00 p.m.;

3. Adding items or removing items from the agenda will be by majority consensus of the Commission;

4. Public notice of a regular meeting shall be made as provided in HCC Chapter 1.14.

D. Special meetings:

1. Called by Chairman or majority of the Commission;

2. Adding items or removing items from the agenda will be by majority consensus of the Commission;

3. Public notice of a special meeting shall be made as provided in HCC Chapter 1.14.

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Resolution 01-23(A)

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E. Duties and Powers of the Officers:

A Chairman and Vice-Chairman shall be selected annually (February meeting) by the

appointive members. The Chairman shall preside at all meetings of the Commission,

call special meetings in accordance with the by-laws, sign documents of the Commission, see that all actions and notices are properly taken, and summarize the findings of the Commission for the official record. The Vice-Chairman shall perform all duties and be subject to all responsibilities of the Chairman in his/her absence, disability or disqualification of office.

F. Motions to Reconsider:

Notice of reconsideration shall be given to the Chairman or Vice-Chairman, if the Chairman is unavailable, within forty-eight hours from the time the original action was taken. A member of the Commission who voted on the prevailing side on any issue may move to reconsider the Commission's action at the same meeting or at the next regular meeting of the body provided the above 48 hour notice has been given. Consideration is only for the original motion to which it applies.

G. Conflict of Interest:

A Commission member shall disclose any financial interest in any matter before the

Commission before debating or voting upon the matter. After such disclosure, the Commission member may not participate in the debate or vote upon the matter unless the board or Commission determines that a financial interest is not substantial as defined in the City Code.

Should the Commission member not move to disqualify himself/herself after it has been established that he/she has a substantial financial interest, the Commission may move to disqualify that member by a majority vote of the body.

"Substantial financial interest" as defined in the City Code is phrased in terms of immediate or reasonably foreseeable financial gain. The avoidance of financial loss is equally a financial interest.

H. Quorum; Voting:

Four Commission members shall constitute a quorum. Four affirmative votes are required for the passage of a resolution or motion. Voting will be by verbal vote, the order to be rotated. The final vote on each resolution or motion is a recorded roll call vote.

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City of Homer

The City Manager, Mayor, Harbormaster and Port/Harbor Director shall serve as consulting members of the Commission but shall have no vote. Dave Vanderbrink and Brantley Edens have been appointed lifetime honorary members.

I. Consensus:

The Commission may, from time to time, express its opinion or preference concerning a subject brought before it for consideration. Said statement, representing the will of the body and 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.

• Abstentions:

All Commission members present shall vote unless the Commission, for special reasons, permits a member to abstain. A motion to excuse a member from voting shall be made prior to the call for the question to be voted upon. A member of the Commission requesting to be excused from voting may make a brief, oral statement of the reasons for the request and the question of granting permission to abstain shall be taken without further debate.

A member may not be permitted to abstain except upon the unanimous consensus of members present. A member may not explain a vote, may not discuss the question while the roll call is being taken and may not change his/her vote thereafter.

• Vacancies:

A Commission appointment is vacated under the following conditions and upon the declaration of vacancy by the Commission. The Commission shall declare a vacancy when the person appointed:

1. Fails to qualify to take office within 30 days after his/her appointment;

2. Resigns and the resignation is accepted;

3. Is physically or mentally unable to perform the duties of his/her office;

4. Misses three consecutive regular meetings unless excused;

5. Is convicted of a felony .

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Resolution 01-23(A)

City of Homer

L. General Order of Business:

Call to Order

Approval of the Agenda

Approval of the Minutes

Public Comments on Items on the Agenda

Pending Business

New Business

Visitors

Informational Items

Staff Report

Comments of the Audience

Comments of the Commission

Adjournment

M. By-laws Amended:

The by-laws may be amended at any meeting of the Commission by a majority plus one of the members, provided that notice of said proposed amendment is given to each member in writing. The proposed amendment shall be introduced at one meeting and action shall be taken at the next Commission meeting.

N. Alternative Voting Members:

From time to time the Mayor, upon confirmation of the City Council, may appoint an alternate Port & Harbor Commissioner, who may take the place of a Commissioner who is absent or who has declared a conflict of interest.