Chapter 2.12
ASSEMBLY--MEETINGS1
Sections:
2.12.010 Procedure--Agenda--Generally--Emergency meeting.
2.12.020 Presiding officer, assembly president, deputy--Selection.
2.12.030 Rules--Recordkeeping.
2.12.040 Quorum--Voting--Procedure.
2.12.060 Order of business and agenda.
2.12.010 Procedure--Agenda--Generally--Emergency meeting.
A. The assembly agenda is developed by the mayor and the borough manager, in consultation with the borough clerk. It is subject to approval by the borough assembly.
B. Assembly members requesting an item be placed on the agenda shall submit a written request to the borough clerk’s office, on a form provided by the clerk, at least five days prior to the assembly meeting at which the member would like to have the item addressed.
C. Assembly members must comply with the advance request requirement of subsection B of this section, unless the assembly member submits a written request to the borough clerk’s office on a form provided by the borough clerk, and also secures the written support of at least two other members of the assembly to initiate an agenda item, in which case the request must be presented to the borough clerk no later than three days prior to the meeting at which the member would like the item addressed.
D. The assembly may, by a majority vote, approve a motion to amend the agenda in order to add or to delete items from the agenda; provided, however, that no action item may be added to the agenda in this manner. Once an agenda item has been properly received by the borough clerk it shall be placed on the agenda; only the person who presented the item for the agenda may withdraw the item prior to publication of the agenda.
1. For the purposes of this subsection, an "action item" is any item which:
a. Introduces an ordinance or a resolution;
b. Requires an ordinance or a resolution;
c. Awards a contract;
d. Expends budgeted funds or authorizes expenditures of funds in excess of ten thousand dollars;
e. Due to its complexity, requires more extensive public notice.
2. This subsection is intended to allow additions to the agenda which:
a. Direct the borough manager to investigate and/or report on an issue;
b. Direct the borough manager to prepare a document or other item for future consideration by the borough assembly;
c. Request the assembly to hold an executive session concerning an item that appears on the published agenda or concerning an item which may be added under this subsection;
d. Are for the purpose of receiving information only;
e. Are other minor matters of a similar nature as those listed in subsections (D)(2)(a) through (D)(2)(d) of this section.
The assembly shall meet the first Monday of every month, unless changed by the assembly, except the month of July, or unless otherwise provided by ordinance. All meetings shall be public meetings. Special meetings may be held on the call of the borough manager, the presiding officer, or one-third of the members, upon not less than twenty-four hours’ written or oral notice communicated to each member. If an emergency or special meeting, it shall be a legal meeting if all members are present in person or by teleconference, there is a quorum and all absent members have waived in writing the required notice. A waiver may be either before or after the time of the meeting. The waiver shall be attached to and made a part of the journal for that meeting. (Ord. 2013-08 §1 (part), 2013: Ord. 2009-06 (part), 2009: Ord. 98-11 §2, 1998: Ord. 94-1, 1994: Ord. 76-18 §6(part), 1976: Ord. 2 §8(a), 1963).
2.12.020 Presiding officer, assembly president, deputy--Selection.
The borough mayor serves as presiding officer of the assembly and casts the breaking vote should there be a tie vote amongst the assembly on an issue. The assembly shall elect from among its members a president and a deputy presiding officer. If the mayor is not present or disqualifies himself, the president of the assembly becomes next in line to preside at a meeting. Should the mayor and president be absent, the deputy presiding officer will be next in line to preside at a meeting. Should the mayor, assembly president, or deputy presiding officer be absent from a meeting, the assemblyman with the most seniority on the assembly becomes presiding officer of a meeting. (Ord. 2013-08 §1 (part), 2013: Ord. 87-7 §1, 1987: Ord. 78-18 §6(part), 1976: Ord. 2 §8(b), 1963).
2.12.030 Rules--Recordkeeping.
The assembly shall determine its own rules and order of business and provide for keeping a journal of its proceedings. (Ord. 2013-08 §1 (part), 2013: Ord. 76-18 §6(part), 1976: Ord. 2 §8(c), 1963).
2.12.040 Quorum--Voting--Procedure.
A majority of the membership authorized by law constitutes a quorum. In the absence of a quorum, any number less than a quorum may recess or adjourn the meeting to a later date. Actions of the assembly are adopted by a majority of the votes authorized on the question. All assemblymen present in person or participating telephonically at any meeting shall vote unless the assembly for special reasons permits a member to abstain, except no assemblyman may vote on a question in which he has a substantial direct or indirect financial interest; provided, that the public and each participating assembly member can participate both by hearing and being heard, in accordance with the Alaska Public Meetings Act and state laws AS 29.20.020 and 44.62.310. Telephonic participation shall include any electronic mode that both allows the user to hear all participants and, if making comment, to be heard by all participants. (Ord. 2020-14, 2020; Ord. 2013-08 §1 (part), 2013: Ord. 2009-06 (part), 2009: Ord. 76-18 §6(part), 1976: Ord. 2 §8(d), 1963).
2.12.050 Voting--Recordation.
The final vote on each ordinance, resolution, or substantive motion is a recorded "yes" or "no," except that if the vote is unanimous it is necessary only so to state. (Ord. 2013-08 §1 (part), 2013: Ord. 76-18 §6(part), 1976: Ord. 2 §8(e), 1963).
2.12.060 Order of business and agenda.
At every regular meeting of the assembly the order of business shall be as follows:
A. Nonaction Items.
1. Call to order;
2. Roll call;
3. Pledge of Allegiance;
4. Recognition of visitors;
5. Approval of agenda and consent agenda;
6. Minutes;
7. Awards/presentations;
8. Communications;
9. Financial report;
10. Manager report;
11. Citizens’ comments on agenda items only;
12. Public hearing;
13. Work sessions;
14. Reconvene to regular session.
B. Action Items.
1. Unfinished business;
2. New business;
3. Executive session;
4. Assembly directives to manager.
C. Comments.
1. Public input;
2. Assembly;
3. Clerk.
D. Adjournment. (Ord. 2015-09 §3, 2015).
2.12.070 Procedural rules.
A. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained.
B. No appeal from any decision of the presiding officer shall be entertained unless it is seconded, and no other business shall be in order until the question on appeal has been decided. The question on appeal is not debatable and shall be put as follows: "Shall the decision of the chair stand as the judgment of the assembly?" It shall be deemed to be decided in the affirmative unless a majority of the votes given are to the contrary.
C. Any member may make a parliamentary inquiry of the presiding officer at any time during the meeting.
D. Any member may make a point of order without a second at any time. The presiding officer may speak to points of order in preference to other members, and shall decide all such questions, subject to appeal to the assembly by motion duly seconded; no other business shall be in order until the question on appeal has been decided.
E. When the previous question is moved by any member, all debate on the main question shall be suspended immediately and the presiding officer shall put the question in the following form: "The previous question is moved on (specifying the motion on which the previous question is demanded)." As many as there are in favor of ordering the previous question will so indicate. If three members assent, the affirmative has it, the previous question is ordered, and the chairman will proceed immediately to put to a vote the question on which the previous question was ordered. If less than three members so indicate, the negative has it, and the motion is lost.
F. The presiding officer shall put all questions in the order in which they are moved unless a subsequent motion shall be previous in its nature except, in naming sums and fixing times, the largest sum and the longest time shall be put first.
G. Any proposition or legislation which requires three affirmative votes for passage shall be deemed defeated if less than three affirmative votes are cast for the measure. Any proposition or legislation which requires a larger plurality shall likewise be defeated unless it receives the requisite plurality of all assemblymen. This rule shall govern even though fewer than the full number of assemblymen vote upon the measure.
When a vote has been taken either passing or defeating any proposition or legislation, any assemblyman who voted on the prevailing side may move for reconsideration at the same meeting or at the next succeeding meeting whenever motions are in order; provided, that the subject matter has not passed out of the control of the assembly. The term "prevailing side" includes the negative side which has prevailed because the affirmative side has failed to muster the requisite number of votes required for passage of the measure. A motion to reconsider requires three affirmative votes and, if it prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debates on motions to reconsider shall be limited to twenty-five minutes and no member shall speak for more than five minutes. No measure shall be reconsidered more than once.
H. Any motion must be reduced to writing if the presiding officer so requires or any member so demands, and no other motion shall be entertained until a reasonable time (not over ten minutes) is afforded for compliance with this rule.
I. Any previous vote may be rescinded by vote of three members of the assembly at any time, provided the subject matter has not passed out of the control of the assembly.
J. All motions shall require a second, unless otherwise provided.
K. Any member may require the division of a question when the sense of it will admit.
L. When a question is under debate, the presiding officer shall receive any of the following motions, but no other:
1. To adjourn;
2. To recess;
3. To raise a question of privilege;
4. To call for the order of the day, or the regular order;
5. To lay on the table;
6. For the previous question;
7. To limit or extend limits of debate;
8. To postpone to a certain time;
9. To refer;
10. To amend;
11. To postpone indefinitely.
When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made and, in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven are not subject to debate. A motion to postpone to a certain time, refer, amend, or postpone indefinitely may be amended; the previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in order; provided, that business of a nature to be recorded in the journal has been transacted since any previous motion to adjourn has been defeated. No motion or proposition of a subject different from that under consideration shall be admitted under color of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of the proceedings, such matter shall, at the appointed time or at any time subsequent thereto, be in order upon the call of any member and take precedence over all other business.
M. After a motion is stated or read by the presiding officer, it shall be deemed to be in the possession of the assembly and shall be disposed of by vote; but the mover may withdraw it at any time before decision or amendment, by consent of the second.
N. A proposed amendment to, or repeal of, any rule shall be submitted in writing, be laid on the table at the meeting to which it is submitted, and become the first item of unfinished business at the next regular meeting.
O. In all matters of parliamentary procedure not covered by these rules, Robert’s Rules of Order Revised shall be applicable and govern.
P. The assembly rules and order of business shall be observed in all cases, unless suspended temporarily for a special purpose of an emergency nature by a vote of three members present. Any member may move at any time for the suspension of any rule, and such motion must be seconded to entitle it to consideration.
Q. If any member, in speaking or otherwise, transgresses the rules of the assembly, the presiding officer shall, or any member can, call him to order; in which case the member so called to order shall immediately cease discussion unless permitted by the presiding officer to explain; and the assembly, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, he shall be at liberty to proceed; if otherwise, he shall not proceed without leave of the assembly to proceed in order.
R. A member about to speak shall respectfully address the chair, and shall not commence to speak until recognized by the presiding officer. When two or more members request to speak at the same time, the presiding officer shall determine which one is recognized.
S. Every member while speaking shall confine himself to the subject under debate, shall refrain from personalities, and shall not refer to any other member of the assembly except in a respectful manner. (Ord. 2013-08 §1 (part), 2013: Ord. 76-18 §7, 1976; Ord. 2 §10, 1963).
2.12.100 Smoking prohibited.
A. Smoking is prohibited at any borough assembly meeting.
B. Any person convicted of a violation of this section is guilty of an infraction, and is punishable by a fine not to exceed three hundred dollars.
C. Each violation under this section constitutes a separate offense. (Ord. 2013-08 §1 (part), 2013: Ord. 84-2 §1 (part), 1984; Ord. 77-9 §§1, 2, 3, 1977).
2.12.110 Adjournment.
Regular and special assembly meetings shall be adjourned at eleven p.m. local time; provided, that upon the unanimous consent of all assembly members present at a vote thereon; and further provided, that a quorum shall be present, a regular or special assembly meeting may be extended until eleven-thirty p.m. local time. (Ord. 2013-08 §1 (part), 2013: Ord. 83-9 §1, 1983).
For statutory provisions concerning the procedure for borough assemblies, see AS 29.23.060.