Chapter 3.04
BOROUGH ASSEMBLY

Sections:

3.04.010    Assembly composition.

3.04.020    Organization.

3.04.030    Presiding officer and deputy presiding officer.

3.04.040    Declaring and filling vacancies.

3.04.050    City and school board delegates – Selection and term.

3.04.060    City and school board delegates – Functions.

3.04.070    City delegates – Qualifications.

3.04.080    Legislative power.

3.04.090    Reapportionment.

3.04.100    Issuance and form of subpoena.

3.04.110    Service and enforcement.

3.04.120    Retention of legal services.

3.04.130    Representation of assembly position.

3.04.010 Assembly composition.

The borough assembly shall consist of nine members who are called assemblypersons. Assembly positions shall be designated as seats A through I. (Ord. 2003-38 § 2, 2003; Ord. 79-37 § 2, 1979; Ord. 73-21, 1973. 2004 Code § 2.08.010.)

3.04.020 Organization.

A. The assembly shall elect from among its members a presiding officer and a deputy presiding officer.

B. The election of the presiding officer and the deputy presiding officer shall be held annually at the first regular meeting following certification of the results of the Fairbanks North Star Borough general election held annually in October and shall be conducted as follows:

1. The assembly shall hear nominations from as many assemblymembers as shall desire to make them. Members are able to nominate themselves if they wish. At the first meeting (either committee of the whole or a regular meeting) held after the election has been certified and newly elected assemblymembers have been sworn in, the clerk shall inform newly elected members and ongoing members of the duties, powers, and responsibilities of the presiding officer and deputy presiding officer, and shall also explain the election process. Nominations shall then take place as the second order of business.

a. Nominated candidates will be given an opportunity to address their qualifications to lead the assembly at this time, and again immediately prior to the election vote being taken.

b. Nominated candidates may also provide a written resume.

c. Copies of submitted written resumes shall be available at the clerk’s office no later than noon of the Tuesday preceding the regular assembly meeting where election will occur.

2. Rules and procedures applicable to elections of politically partisan bodies shall not apply or otherwise guide the election of the presiding officer and the deputy presiding officer. The clerk will provide training on this issue at the first meeting after the general election.

3. At the first regular meeting following certification of the general election results, the assembly shall select by a secret ballot the presiding officer and the deputy presiding officer. Debate and discussion may precede the vote if any member so wishes.

4. A candidate shall be elected only if the candidate receives a majority vote as defined in FNSBC 3.16.020(G).

5. If no candidate receives a majority vote, then the assembly shall hold a run-off election between all of the candidates, minus the one that received the least number of votes.

The assembly shall continue the balloting until one candidate is elected.

6. If there is a tie between the candidates that received the least number of votes, then the assembly shall break the tie by voting for the tied candidates, and the name of the candidate receiving the most votes shall be added to the run-off ballot.

C. The regular term of office for the presiding officer and the deputy presiding officer begins on November 1st of the year each is elected and ends on October 31st of the following year.

D. In the event of a vacancy of the office of presiding officer or deputy presiding officer occurs, the vacancy shall be filled by holding an election at the next regular meeting of the assembly, in accordance with the rules stipulated in subsections (B)(1) through (6) of this section. (Ord. 2016-40 § 12, 2016; amended during 2016 republication; Ord. 2015-16 § 2, 2015; Ord. 2012-40 § 2, 2012; Ord. 2004-70 § 2, 2004; Ord. 2004-07 § 2, 2004; Ord. 2002-36 § 2, 2002; amended during 1993 republication; amended during June 1991 supplement; Ord. 90-053 § 2, 1990; Ord. 89-090 § 2, 1989; Ord. 86-035 § 2, 1986. 2004 Code §§ 2.09.010(A) – (D), (H).)

3.04.030 Presiding officer and deputy presiding officer.

A. The presiding officer shall preside at assembly meetings.

B. The deputy presiding officer shall preside if the presiding officer is not present.

C. The finance chairman shall preside if the presiding officer and deputy officer are not present.

D. The presiding officer shall be a voting member of the assembly with all of the powers and duties of that office.

E. The presiding officer shall:

1. Call the assembly to order at the time appointed for the meeting;

2. Ascertain the presence of a quorum;

3. Cause the journal or minutes of the preceding meeting to be considered and approved by the assembly;

4. Lay before the assembly its business;

5. Receive business proposed by the mayor, by assemblymembers or city delegates and place the business before the assembly;

6. Place the question before the assembly and announce the results;

7. Interpret and apply these rules and decide all questions of order. A determination by the presiding officer regarding questions of order or interpretations or application of these rules shall be final, subject to an appeal of an assemblymember to the assembly. An assemblymember may appeal by moving to appeal the decision of the chair prior to commencement of the vote on the main motion under consideration, and if none, prior to commencement of action on the next item of business on the agenda. The motion to appeal shall have priority over all other motions except the motion to adjourn, and shall be considered and decided immediately. The motion shall carry if it receives a majority vote as defined in FNSBC 3.16.020(G), and shall result in the reversal of the ruling of the presiding officer. If the motion fails to receive a majority vote, the presiding officer’s decision shall stand;

8. Preserve order and decorum at all times;

9. Inform the assembly, when necessary or when any question is raised, of a point of order or practice pertinent to the pending business;

10. Sign and authenticate all ordinances and resolutions of the assembly;

11. Enter into written or verbal agreements with the mayor, on matters of a substantial nature or relating to administration involving both the assembly and the mayor, with the approval of the majority of the assembly obtained during a regular assembly meeting or special assembly meeting called for that purpose;

12. Perform other duties required for the orderly conduct of the assembly’s business. (Amended during 2016 republication; amended during 1993 republication; Ord. 90-002 § 2, 1990; Ord. 86-035 § 2, 1986. 2004 Code § 2.09.020.)

3.04.040 Declaring and filling vacancies.

A. The assembly may declare an assemblymember’s seat vacant when the assemblymember:

1. Resigns and the assembly accepts the resignation;

2. Is convicted of a felony or an offense involving violation of the oath of office;

3. No longer physically resides in the borough;

4. Misses more than four consecutive regularly scheduled assembly meetings, or misses one-half of all regular assembly meetings of the assembly in a six-month period as defined in FNSBC 3.16.010.

B. If less than 45 days remain in a term, the vacant seat shall not be filled.

If a seat is declared vacant and more than 45 days remain in the term, then the presiding officer shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly may review the applications and/or interview applicants in any reasonable manner. Not later than 45 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat.

C. In appointing a person from among the applicants the assembly shall utilize the voting procedure specified in FNSBC 3.04.020(D) for the election of the presiding officer and deputy presiding officer.

D. Notwithstanding subsection (B) of this section, if the membership of the assembly is reduced to fewer than five assemblymembers, then the remaining assemblymembers shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven days after the quorum was reduced to less than five assemblymembers.

E. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. (Ord. 2015-72 § 2, 2015; Ord. 2006-01 § 2, 2006; Ord. 88-029 § 2, 1988; Ord. 86-035 § 5, 1986. 2004 Code § 2.08.040.)

3.04.050 City and school board delegates – Selection and term.

Each home rule and general law first class city within the borough and the school board may select a delegate to the borough assembly. A delegate shall be selected in the manner provided by the city and school board which he represents and shall serve a term as provided by the city and the school board. (Ord. 2001-72 § 2, 2001; Ord. 73-21, 1973. 2004 Code § 2.08.050.)

3.04.060 City and school board delegates – Functions.

A. A city and school board delegate to the borough assembly may sit with the assembly at all its meetings. A city and school board delegate may participate in all deliberations on matters of the borough assembly. A city or school board delegate is not permitted to vote on any question before the assembly.

B. The city or school board delegate may be seated by the presiding officer on any assembly committee. (Ord. 2001-72 § 3, 2001; amended during 1993 republication; Ord. 88-030 § 2, 1988. 2004 Code § 2.08.060.)

3.04.070 City delegates – Qualifications.

City delegates shall serve without compensation from the borough and shall not be officials or employees of the borough. A delegate may be either an elected or appointed official of the city which he represents. (Ord. 73-21, 1973. 2004 Code § 2.08.070.)

3.04.080 Legislative power.

A. The legislative power of the borough is vested in the assembly.

B. An agreement with another government entity or agency on a matter of legislative policy is subject to assembly approval. (Ord. 2002-06 § 2, 2002. 2004 Code § 2.08.080.)

3.04.090 Reapportionment.

A. The assembly shall reapportion itself whenever the apportionment of the assembly does not meet the standards of apportionment provided by law.

B. Any 50 qualified voters in an organized borough may petition the borough assembly or the Department of Community and Regional Affairs to reapportion the assembly of the borough within which they reside. The petition shall include evidence that the apportionment of the assembly does not meet the standards prescribed by AS 29.20.

C. Upon receipt of a petition, the assembly or Department of Community and Regional Affairs shall investigate its allegations and shall determine if the apportionment of the assembly meets the apportionment standards prescribed by AS 29.20. If it is determined that the standards are not met, the assembly or Department of Community and Regional Affairs shall reapportion the assembly accordingly. A reapportionment by the Department of Community and Regional Affairs prevails over one by an assembly.

D. The reapportionment is effective beginning with the next regular election to the assembly. (Amended during 1993 republication. 2004 Code § 2.08.090.)

3.04.100 Issuance and form of subpoena.

A. A subpoena requiring the attendance of a witness before the assembly or a standing or special committee of the assembly may be issued by the presiding officer or an assembly or by the deputy presiding officer in the absence of the presiding officer at the request of the assembly of the committee of the assembly.

B. A subpoena requiring the attendance of a witness before a board or commission of the borough shall be issued in the manner provided for in the ordinance establishing the board or commission.

C. A subpoena may require that the witness produce specified documents, reports or other written or printed materials.

D. The subpoena is sufficient if:

1. It states before whom the proceeding is held;

2. It is addressed to the witness;

3. It requires the attendance of the witness at a time and place certain;

4. It is signed by the presiding officer or deputy presiding officer of the assembly and the seal of the borough is affixed. (Amended during 1993 republication; Ord. 86-054 § 2, 1987. 2004 Code § 2.08.110.)

3.04.110 Service and enforcement.

The subpoena is served and enforced in the manner provided in the Alaska Court Rules of Civil Procedure. (Ord. 86-054 § 2, 1987. 2004 Code § 2.08.120.)

3.04.120 Retention of legal services.

The Fairbanks North Star Borough assembly may obtain legal services from an attorney other than the borough attorney when approved by a majority vote of the assembly. Choice of independent legal services shall be at the discretion of the assembly in consultation with the borough attorney. Independent legal costs shall not exceed the amount appropriated for independent counsel as budgeted within any given fiscal year. (Ord. 89-004 § 2, 1989. 2004 Code § 2.08.130.)

3.04.130 Representation of assembly position.

A. The official position of the assembly is that taken as a result of debate and vote, with the prevailing majority forming the official position.

B. Views and opinions of individual members of the assembly are not the official position of the assembly.

C. The presiding officer may authorize a member of the assembly to serve as the official assembly spokesperson on a given issue. (Ord. 2003-34 § 2, 2003. 2004 Code § 2.09.200.)