City Council Rules of Procedure, Seldovia, Alaska

SELDOVIA CITY COUNCIL
RULES OF PROCEDURE

INTRODUCTION

Welcome to the Seldovia 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 elected office. Many of the provisions set forth in the following pages have been taken from the Seldovia 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., (SC 2.04.040). Other provisions were approved when the Council's Rules of Procedure were adopted or have been included as general information.

The City of Seldovia was incorporated as a Second Class City in 1945 and reclassified as a First Class City in 1962. The City of Seldovia is presently a City Manager form of Government. Alaska Statutes Title 29 governs the operations of Alaskan municipalities.

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. Generally, the Mayor and Council are elected to three-year terms, with two Council members elected each year. 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 or two years, or more before the expiration of the term, the Clerk advertises a one-year or two-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 Seldovia, a candidate must be registered to vote in City elections and must have lived in the City of Seldovia for at least six months prior to filing for office.

The City Council enacts the laws of the City of Seldovia, approves the annual budgets of the City, sets City policy and serves as an appeal board for actions taken by City boards, commissions and the City Administration. In other words, your function is to serve as the legislative body of the City. The City's administrative functions are carried out by the City Manager. For instance, you are setting policy when you adopt a budget for street plowing. However, it is up to the City Manager and his staff to determine who is going to do the plowing and which streets will be plowed first.

DEFINITIONS

SC- stands for Seldovia Code, as written in the Seldovia Municipal Code book.
AS- stands for Alaska Statute.

GENERAL PROVISIONS

COUNCIL MEETING - LOCATION
All regular meetings of the City Council are held in the Multi Purpose Room at the Seldovia Library Building or at such other place as may be determined by the City Council upon consideration of the reasonable accommodation of the public. (SC 2.04.040)

COUNCIL MEETING - TIME
The regular meetings of the City Council are held on the 2nd and 4th Wednesday of each month at 7:30 p.m. (SC 2.04.040) The City Clerk opens the building 15 minutes prior to a meeting.

COUNCIL MEETINGS - OPEN TO THE PUBLIC
All meetings of the Council and of committees, commissions, boards or agencies created or authorized by the Council or by this code, supported in whole or in part by public funds, or entrusted with expending public funds, shall be open to the public except as otherwise provided in Alaska Statutes 44.62.310. (SC 2.04.030)

ORGANIZATION OF COUNCIL
A. The Seldovia City Council consists of six members, two of whom are elected each year at the election held annually on the first Tuesday of October. Each Council member shall serve a term of three (3) years, and until his or her successor is elected and qualified.
B. A City voter who has resided within the City limits for a period of six (6) months is eligible to be a member of the City Council. (SC 2.04.010)

PRESIDING OFFICER
It shall be the duty of the Mayor to preside at meetings of the Council and to participate in discussion of matters before the Council. (SC 2.08.050) If the Mayor is unable to attend a Council meeting and five (5) members are present, the Council shall elect one of its members to preside and to perform the duties of Mayor for the meeting in question or the temporary period involved. A person elected shall be known as "Acting Mayor." (SC 2.08.040)

QUORUM
A. At all meetings of the Council, four (4) members shall constitute a quorum for the transaction of business.
B. Four (4) affirmative votes are required for the passage of an ordinance, resolution, or motion. (SC 2.04.050)

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 three (3) consecutive meetings of the City Council, the Council may declare the office of such member vacant. (SC 2.12.050) 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 his inability to attend the meeting. The City Clerk will inform the Presiding Officer of the request for an 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.

SPECIAL COUNCIL MEETINGS
If a majority of the members are give at least 24 hours oral or written notice and reasonable efforts are made to notify all members, a special meeting of the City Council may be held at the call of the Mayor or at least one-third of the members. A special meeting may be called with less than 24 hours notice if all members are present, or if absent members have waived in writing the required notice. Waivers of notice can be made before or after the special meeting is held. A waiver of notice shall be made a part of the journal of the meeting. (SC 2.04.040)

COUNCIL MEETING 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 12:00 Noon on the Friday preceding the Wednesday 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 material will be available to the Council members and the City Manager no later than 5:00 p.m. on the Friday before the regular Council meeting. If you or your vehicle is not available when the City Clerk delivers the packets it is your responsibility to come pick it up on the next workday. The Clerk will not leave packets on your doorstep due to the sensitive material sometimes contained in them and certain weather factors that can damage them. The agenda packet will be available for public inspection at 1:00 p.m. on the day of the meeting.
B. 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.
C. Any additional items to be added to the agenda, matters that seem to be emergencies or of an urgent need by the Mayor, any Council member, or the City Manager, shall be submitted to the City Clerk by 12:00 p.m. on the day of the meeting.

EXECUTIVE SESSIONS
Executive sessions are 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:
1. Discuss matters that immediate knowledge of which would clearly have an adverse effect upon the finances of the City;
2. Discuss subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion;
3. Discuss strategy for negotiation of labor and other contracts;
4. Discuss matters pertaining to threatened or pending litigation;
5. Evaluate the performance of the City Manager; or
6. Discuss other matters which by law, municipal code, or ordinance are required to be confidential. 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.

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. 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 Multi Purpose Room of the Seldovia Library Building; however, the Council may designate any other location for a particular work session provided that consideration is given to the reasonable accommodation of the public.

COUNCIL PROCEDURES

RULES OF ORDER
Robert's Rules of Order shall be the authority on Parliamentary rules and procedures of the Council. (SC 2.04.080)

CONFLICT OF INTEREST
A. Any member of the City Council having a substantial financial interest in an official action shall declare such substantial financial interest and ask to be excused from a vote on the matter.
B. The presiding officer of the City Council shall rule on a request by a member of City Council to be excused from a vote on the basis of substantial financial interest.
C. The decision of the presiding officer of the City Council, on a request by a member of the Council to be excused from a vote, may be overridden by the majority vote of the City Council; and
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.

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 the City Council.

ORDER OF BUSINESS
The following shall be the order of business at all meetings of the Council:
A. Call to Order and Roll Call;
B. Pledge of Allegiance;
C. Excused Absences;
D. Agenda Approval;
E. Approval of Minutes;
F. Public Hearing;
G. Ordinance Introduction;
H. Public Presentation, Prior Notice;
I. Committee and Advisory Board Reports;
J. City Manager's Report;
K. Other Business;
L. Public Presentation;
M. Manager, Council, and Mayor Comments;
N. Next Meeting;
O. Adjournment;

ADDRESSING THE COUNCIL BY THE PUBLIC
Public Hearings and Comment. A person desiring to address the Council shall first secure the permission of the Presiding Officer to do so. 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. All items presented by a citizen during public testimony for consideration by the Council shall be retained by the 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.

Public Presentation, Prior Notice. Anyone wishing to make a formal presentation to the Council concerning any item not appearing on the agenda must give prior written or verbal notice to the City Clerk no later than noon on the Friday preceding the Wednesday meeting. Such notice shall set forth the name of the person wishing to make the presentation and the nature of the proposed communication in order that the same may appear on the agenda of the Council.

VOTING
A.The vote on all questions except upon an ordinance, resolution or substantive motions shall be by viva voce unless two members of the Council call for ayes and nays, in which event the roll call shall be called and the vote by each member recorded by the clerk. All votes on ordinances, resolutions or substantive motions shall be permanently recorded "yes" or "no" by the clerk in the proceedings of the Council, except that if the vote is unanimous it may be recorded "unanimous."
B. Each member of the governing body present shall vote on each question unless permitted to abstain in accordance with AS 29.20.010. (SC 2.04.060)

COMMITTEES
The Mayor may appoint standing committees of the Council as necessary or desirable and may appoint ad hoc committees to address specific topics. 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.

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 by 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.

RESOLUTION
Resolutions are presented in writing in the form required by the Council. A resolution may be introduced by a Council member, the Mayor or the City Manager. A resolution may be voted on the same day it is introduced, and most resolutions take effect the day they are passed. The title of each resolution shall in all cases be read prior to its passage. Printed copies of resolutions shall be made available at the Council meeting for public inspection.

ORDINANCES
A. Ordinances are introduced in writing in the form required by the Council. An ordinance may be introduced by a member or committee of the Council, the Mayor, or the City Manager. An ordinance shall be set for hearing by the affirmative vote of a majority of the votes authorized on the question. A summary of the ordinance and its amendments is published together with a time and place for public hearing. The hearing follows posting by at least five days. Copies of the ordinance must be available to all persons present or the ordinance must be read in full. The Council shall hear all interested persons wishing to be heard. After the hearing, the Council shall consider the ordinance and may adopt it with or without amendment. The Council shall print and make available copies of the adopted ordinances. An ordinance takes effect upon adoption or on a later date specified in the ordinance. (SC 2.28.010)
B. To meet a public emergency the Council may adopt ordinances effective upon adoption. Every emergency ordinance must contain a finding by the Council that an emergency exists and a statement of the fact upon which the finding is based. The ordinance may be adopted, amended and adopted, or rejected at the meeting at which it is introduced. The affirmative votes of all members present, or the affirmative vote of three-fourths of the total membership, whichever is less, is required for adoption. The Council must print and make available copies of the adopted emergency ordinances. An emergency ordinance may not be used to levy taxes, to grant, renew or extend a franchise, or to regulate the rate charged by a public utility for its services. Emergency ordinances are effective for sixty days. (SC 2.28.030)

FILLING COUNCIL VACANCIES
A vacancy on the City Council shall be declared and filled in accordance with AS 29.20.170 and AS 29.20.180. (SC2.04.020)

1. Elective Offices Declared Vacant-Conditions. 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:
A. Fails to qualify or take office within thirty days after election or appointment;
B. Is physically absent from the municipality for a ninety-day period, unless excused by the Council;
C. Resigns, and his resignation is accepted;
D. Is physically or mentally unable to perform the duties of office, as determined by two-thirds vote of the City Council;
E. Is removed from office;
F. Misses three consecutive regular meetings, unless excused;
G. Is convicted of a felony or of an offense involving a violation of oath of office; H. Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the members of the City Council concur in expelling the person elected;
I. Is convicted of a violation of AS 15.13; or
J. No longer physically resides in the municipality and the City Council by two-thirds vote declares the seat vacant. (SC 2.12.050) (AS 29.20.170)

2. Filling a Vacancy.
A. If a vacancy occurs in a governing body, the remaining members shall, within 30 days unless a different period is provided by ordinance, appoint a qualified person to fill the vacancy. If less than 30 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 person appointed under this section serves until the next regular election, when a successor shall be elected to serve the balance of the term. (AS 29.20.180)

CITY OFFICERS

CITY MANAGER
The City Manager, as chief administrator of the City, is responsible for the following duties:
A. Appoint, suspend, or remove municipal employees and administrative officers, except as provided in SC 2.12.020 Appointments. The City Manager shall serve as the personnel officer.
B. Supervise the enforcement of the City Code and carry out the directives of the City Council.
C. Prepare and submit an annual budget and capital improvement program for consideration by the City Council, and execute the budget and capital improvement program adopted.
D. Report monthly to the Council on the finances and other operations of the City. E. Exercise custody over all real and personal property of the City.
F. Perform other duties as directed by the Council. (SC 2.14.020)

The City Manager 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. All employees of the City are appointed by and are responsible to the City Manager.

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 the parliamentary advisor to the Council and performs such other duties in the meeting as may be required by the Mayor or Council. The Clerk administers all the 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. (SC 2.16.010)

TREASURER
The Treasurer is custodian of all City funds and is responsible for all matters pertaining to the maintenance of all fund accounts of the City. The Treasurer helps the City Manager compile the annual budget of the City and controls it under direction of the City Manager, prepares and submits such financial reports and other data as may be required, and is responsible for payroll, purchasing and accounts payable, and utility billing and collections. (SC 2.17.010)

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