Chapter 2.08
BOROUGH ASSEMBLY
Sections:
2.08.010 Assembly composition.
2.08.020 Term – Election.
2.08.030 Qualifications.
2.08.040 Declaring and filling vacancies.
2.08.050 City and school board delegates – Selection and term.
2.08.060 City and school board delegates – Functions.
2.08.070 City delegates – Qualifications.
2.08.080 Legislative power.
2.08.090 Reapportionment.
2.08.110 Issuance and form of subpoena.
2.08.120 Service and enforcement.
2.08.130 Retention of legal services.
2.08.010 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; prior code § 11.10.011)
2.08.020 Term – Election.
The term of an assemblyperson is three years or until a successor is elected and qualified. No person who has been elected as assemblyperson for two full successive terms shall be again eligible to hold that office until one full year has intervened. An assemblyperson is elected at large by all the qualified voters of the borough to the seat for which he has declared his candidacy. No person may be a candidate for more than one assembly seat at any election. (Ord. 90-040 § 3, 1990; Ord. 82-68 § 3, 1982; Ord. 79-37 § 2, 1979; Ord. 73-21, 1973; prior code § 11.10.021)
2.08.030 Qualifications.
A qualified voter who has resided within the borough for a period of one year prior to filing his/her declaration of candidacy is eligible to be an assemblyperson whether he/she resides inside a city or in the area of the borough outside the cities. (Ord. 94-032 § 3, 1994; Ord. 87-049 § 3, 1988; Ord. 79-37 § 2, 1979; Ord. 73-21, 1973; prior code § 11.10.031)
2.08.040 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 2.09.030.
B. If less than 30 days remain in a term, the vacant seat shall not be filled.
If a seat is declared vacant and more than 30 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 30 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 2.09.010(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. 2006-01 § 2, 2006; Ord. 88-029 § 2, 1988; Ord. 86-035 § 5, 1986)
2.08.050 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; prior code § 11.10.051)
2.08.060 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)
2.08.070 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; prior code § 11.10.071)
2.08.080 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 subjected to assembly approval. (Ord. 2002-06 § 2, 2002; prior code § 11.05.010)
2.08.090 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; prior code § 11.05.020)
2.08.110 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)
2.08.120 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)
2.08.130 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)