Chapter 2.04
CITY AND BOROUGH ASSEMBLY¹

Sections:

2.04.010    Agenda.

2.04.020    Meetings.

2.04.035    Introduction of ordinances and resolutions.

2.04.040    Committees.

2.04.050    Debate.

2.04.060    Rules of public participation.

2.04.070    Motions, seconds.

2.04.080    Objections to consideration.

2.04.090    Clerical errors.

2.04.100    Vote required.

2.04.105    Order of roll call vote.

2.04.110    Parliamentarian.

2.04.120    Sessions.

2.04.130    Public participation.

2.04.140    Reconsideration.

2.04.150    Appointments to boards, commissions, and committees.

2.04.160    Adoption of Robert’s Rules of Order.

2.04.170    Regular meetings.

2.04.180    Special meetings.

2.04.185    Teleconference participation.

2.04.190    Salaries and compensation.

2.04.195    Salaries for assembly members and mayor.

2.04.200    Vacancies.

2.04.210    Interim succession to offices of mayor and deputy mayor.

2.04.010 Agenda.

A.    At all regular meetings, the order of business shall be:

1.    Call to order;

2.    Flag salute;

3.    Roll call;

4.    Correspondence and changes to agenda;

5.    Ceremonial matters: proclamations, presentations, awards;

6.    Special reports: government-to-government, municipal boards/commissions, committees, municipal departments, school district, students and guests;

7.    Persons to be heard on any matter not on the agenda (not to exceed three minutes);

8.    Consent agenda, to include vote on approval of minutes of previous meeting(s), ordinances for introduction, and routine items adopted by one motion;

9.    Unfinished business; with public hearing/participation after motion on agenda item, but before deliberation of the assembly;

10.    New business, with public hearing/participation after motion on agenda item, but before assembly deliberation;

11.    Persons to be heard on any matter (not to exceed three minutes);

12.    Municipal reports from mayor, administrator, attorney, liaisons, clerk and other;

13.    Executive session (if motion for executive session is made and adopted);

14.    Adjournment.

B.    The agenda shall be prepared by the administrator with concurrence of the mayor. In order for matters to appear on the agenda at a regular meeting, they must be submitted to the clerk’s office on or prior to noon on the Wednesday immediately preceding the meeting. In order for items to appear on the agenda at a special meeting, they must be submitted to the clerk’s office no less than twenty-four hours prior to the special meeting. In order for materials to appear in the assembly packet, such materials must be submitted to the municipal clerk in compliance with the deadlines as established in the previous two sentences (noon on the preceding Wednesday for a regular meeting and twenty-four hours in advance of a special meeting). Other matters may be considered under administrative reports, unfinished business, or new business as applicable.

(Ord. 08-28 § 4, 2008; Ord. 06-30A § 4, 2006; Ord. 02-1694 § 4, 2002; Ord. 02-1693 § 4, 2002; Ord. 02-1692 § 4, 2002; Ord. 00-1593 § 4 (part), 2000; Ord. 72-4 (part), 1972.)

2.04.020 Meetings.

A.    Regular meetings of the assembly shall be held at six p.m. in the appointed meeting place on the second and fourth Tuesdays of each calendar month or as otherwise prescribed in Sections 2.04.170 and 2.04.180.

B.    The places of such meetings shall be prescribed by the assembly.

C.    Special meetings of the assembly may be held at any time upon call, briefly stating the purpose, of the mayor or of four or more members and, whenever practicable, upon no less than six hours’ notice to each member. Notice shall be given in either of the following manners:

1.    By call given at a regular or special meeting;

2.    By service either orally or in writing of the call by any municipal officials or employee upon the mayor and each member of the assembly, provided:

a.    That no such service need be made upon the officials, either mayor or assemblymen, who issue such call; and

b.    Delivery of the call to any person residing or working therein, who is over the age of fourteen years, at the home or usual place of business of any assemblyman shall be equivalent to personal service or call upon the person so to be served.

D.    All meetings shall be open to the public except that the following may be discussed in closed executive session:

1.    Matters, the immediate knowledge of which would adversely affect the finances of the municipality;

2.    Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion;

3.    Matters which by law, municipal Charter or ordinances are required to be confidential;

4.    Communications with the municipal attorney or other legal advisors concerning legal matters affecting the municipality or legal consequences of past, present or future municipal actions.

E.    Meetings will adjourn at ten-thirty p.m. unless extended by a unanimous vote of the members present. However, if seven members are present, meetings can be extended by a vote of at least six members, but the meeting will adjourn at eleven p.m. unless extended by a unanimous vote of all seven members.

(Ord. 09-50 § 4, 2009; Ord. 01-1604 § 4, 2001; Ord. 87-747 § 4, 1987; Ord. 83-550 § 3, 1983; Ord. 83-531 § 3 (part), 1983; Ord. 72-4 (part), 1972.)

2.04.035 Introduction of ordinances and resolutions.

A.    Introduction of Ordinances and Resolutions by the Assembly. Each ordinance and resolution introduced by an assembly member shall have the sponsorship of two assembly members before introduction of the ordinance and resolution. The supporters of the introduction of the ordinance and resolution shall be listed as sponsor and co-sponsor, and their names shall appear as such on the ordinance or resolution.

B.    Introduction of Ordinances and Resolutions by the Municipal Staff. Each ordinance and resolution introduced by the municipal staff shall be through the city administrator. The administrator’s name shall appear on the ordinance or resolution for introduction.

C.    On adoption of the ordinance or resolution the sponsors’ names shall be removed.

(Ord. 83-585 § 4, 1984.)

2.04.040 Committees.

A.    The assembly shall have the following standing committees:

1.    Police and fire;

2.    Utilities and finance;

3.    Airport, harbors and transportation;

4.    Streets and roads;

5.    Parks and recreation;

6.    Public sanitation;

7.    Public health services;

and shall have such special committees as may be appointed. Any assemblyman shall be privileged to sit with any committee at all times; such assemblyman shall have the right to participate in committee discussion except that members of the committee shall have priority to obtaining the floor and only committee members may vote. Reasonable opportunity for the public to be heard shall be allowed. Special committees automatically terminate upon completion of the assignment given to them upon formation of the committee.

B.    Selection of the Committees. Upon organization annually at the first meeting following certification of the election for assembly members, a committee on committees shall be appointed by the mayor to recommend committee appointments to the chair. The mayor then appoints the committees, but he is not bound by the recommendation of the committee of committees. The committee appointments are subject to ratification by a majority of the members of the assembly.

C.    Committee of the Whole. The presiding officer may appoint another member of the body to preside over the committee of the whole. Upon adjourning, the committee of the whole, the mayor resumes the chair and the member who acted as chairman of the committee of the whole shall make a report of the proceedings and recommendations of the committee of the whole to the assembly. Generally the rules of the assembly shall be followed in the committee of the whole except at the discretion of the chair the rules may be relaxed and the rules

    relating to participation by the presiding officer and the number of times a member should speak shall not be in effect unless a majority of the committee orders that they be. Reasonable opportunity for the public to be heard shall be allowed. (Ord. 72-4 (part), 1972.)

2.04.050 Debate.

A.    During assembly debate on a motion, a member or the administrator may speak more than once with priority of access to the floor given to members or the administrator who have not spoken on the motion.

B.    Assembly members, as well as members of boards, commissions and committees, staff, and members of the public, shall speak and refer to each other in a respectful manner, and shall not attack or question the motives of others.

C.    After obtaining recognition from the chair, a member may ask direct questions of another member of the assembly or to a person appearing before the assembly.

D.    Consideration of an ordinance by paragraph shall not be required unless demanded. A demand that consideration by paragraph take place may be overridden by a majority vote of the assembly. (Ord. 07-16 § 4 (part), 2007: Ord. 72-4 (part), 1972.)

2.04.060 Rules of public participation.

A.    The hearing will be conducted by the mayor, or by the presiding officer in the absence of the mayor.

B.    The mayor will open the hearing by summarizing its purposes and reemphasizing the rules of procedure.

C.    The mayor may set a time limit on speakers if it appears necessary to gain maximum participation and conserve time. Such time limit may be extended by a majority of the assembly.

D.    Citizens will be encouraged to submit written presentations and exhibits.

E.    The mayor will set forth the item or subject to be discussed and will rule nongermane comments out of order.

F.    All speakers, public and assembly members must be recognized by the chair.

G.    Members of the public will precede their remarks by stating their names and area of residence.

H.    Members of the assembly will be recognized by the chair by name.

1.    The assembly members, members of boards, commissions and committees, staff, and members of the public who speak during public participation will refrain from argument and debate.

2.    Assembly members, members of boards, commissions and committees, staff, and members of the public shall speak and refer to each other in a respectful manner, and shall not attack or question the motives of others.

I.    The administrator may participate in the same manner as an assembly member. (Ord. 07-16 § 4 (part), 2007: Ord. 72-4 (part), 1972.)

2.04.070 Motions, seconds.

A.    Seconds to motions are required.

B.    Renewal of Defeated Motions. Defeated motions may be renewed only under suspension of the rules.

C.    Priority of Privileged Motions. Privileged motions shall have the following priority:

1.    Fix time to adjourn;

2.    Give notice of reconsideration;

3.    Adjourn;

4.    Recess;

5.    Question of privilege of the body;

6.    Question of personal privilege. (Ord. 72-4 (part), 1972.)

2.04.080 Objections to consideration.

Objection to consideration to a question may apply to communications as in other cases. (Ord. 724 (part), 1972.)

2.04.090 Clerical errors.

Clerical errors that do not affect the substance of an ordinance or resolution such as errors in numbering or errors in spelling may be corrected by the staff upon discovery of such error. (Ord. 72-4 (part), 1972.)

2.04.100 Vote required.

A.    The affirmative vote of four members of the assembly shall be sufficient to take any action except as provided otherwise by Charter or ordinance and except in the following instances and as provided in subsection B of this section:

1.    Limiting, extending, or closing debates;

2.    Suspension of rules;

3.    Setting of or postponement of special orders;

4.    Objection to consideration of question;

5.    Motion for immediate vote (previous question);

6.    Rescind;

7.    To take up reconsideration where notice for reconsideration at next meeting was given.

B.    The affirmative vote of at least five assembly members shall be required to take any of the actions listed above, unless there are only four members voting on the action, in which case the vote only requires four votes.

(Ord. 08-39 § 4, 2008: Ord. 724 (part), 1972.)

2.04.105 Order of roll call vote.

When the assembly votes by call of the roll, the clerk shall call the roll by random order. There shall be no special consideration given to the mayor in this order. (Ord. 05-51S, § 4, 2005: Ord. 04-66 § 4, 2004.)

2.04.110 Parliamentarian.

The attorney shall act as the parliamentarian. (Ord. 72-4 (part), 1972.)

2.04.120 Sessions.

Each regular or special meeting of the assembly constitutes a session for purposes of the rules. (Ord. 72-4 (part), 1972.)

2.04.130 Public participation.

No person except a member of the assembly or the administrator may participate in assembly proceedings except as follows:

A.    Members of the public may participate during the public participation section concerning an agenda item;

B.    Parties to an appeal may testify in a quasi-judicial administrative or adjudicatory proceeding, except as provided otherwise in the code;

C.    The attorney or clerk may comment on parliamentary, procedural and/or legal issues; or

D.    Any assembly member may request municipal staff and/or members of commissions, committees, or boards to answer questions or provide information at any time during assembly proceedings.

(Ord. 06-08 (A-1) § 4, 2006: Ord. 72-4 (part), 1972.)

2.04.140 Reconsideration.

A.    What May be Reconsidered. Main motions, amendments to main motions, privileged motions involving substantive questions, and appeals are subject to reconsideration. Procedural motions may not be reconsidered.

B.    Who May Reconsider. Any assembly member who voted on the prevailing side may move for reconsideration.

C.    When Notice May be Given. Notice of reconsideration may be given only at the meeting at which the action to be reconsidered was taken.

D.    Effect of Notice. The effect of giving notice of reconsideration is to suspend all action on the subject of the notice until the motion to reconsider is acted upon or until the time within which the motion may be taken up has expired.

E.    Time in Which Notice Must be Taken Up. A notice of reconsideration expires unless it is acted upon prior to adjournment of the next regular meeting succeeding the meeting at which the action to be reconsidered occurred.

F.    Successive Reconsiderations. There may be but one reconsideration even though the action of the assembly after reconsideration is opposite from the action of the assembly before reconsideration.

G.    Vote Required. A reconsideration requires only a majority vote regardless of the vote necessary to adopt the motion reconsidered.

H.    Precedence. The notice of reconsideration has precedence over every main motion and may be taken up at any time during the meeting when there is no other motion on the floor.

I.    Effect. The adoption of the motion for reconsideration cancels the previous vote on the question to be reconsidered as completely as though it had never been taken.

(Ord. 01-1642 § 4, 2001; Ord. 72-4 (part), 1972.)

2.04.150 Appointments to boards, commissions, and committees.

A.    Public Notice. When a vacancy occurs on an existing board or commission, or upon the establishment of a new board or commission, the assembly shall advertise such vacancy or positions through the public media in order to encourage interested individuals in the community to make their interest known to the assembly. Such notification shall be published at least once in a newspaper of general circulation no later than three days before consideration of the appointment by the assembly.

B.    Method of Nomination. All interested individuals shall submit an application to the clerk on a form provided by the clerk, after which consideration shall be given to the qualifications and merits of each applicant by including the applications in the assembly packet for each assembly member’s review. The assembly shall only select from the list of applicants who have submitted applications, but may request opening the application period to consider additionally submitted applications.

C.    Special Committees. Special committees may be appointed from the general public without notification or advertising if such committee is of an investigative or fact-finding nature and pertains to only one special issue. Special committees shall have no authority other than to provide information and submit recommendations to the assembly.

(Ord. 08-27 § 4, 2008; Ord. 93-1219 § 4, 1994; Ord. 72-4 (part), 1972.)

2.04.160 Adoption of Robert’s Rules of Order.

The conduct of the meeting of the assembly shall be governed by the mayor according to Robert’s Rules of Order, except as otherwise provided by Charter or this code. (Ord. 00-1593 § 4 (part), 2000.)

2.04.170 Regular meetings.

Regular meetings of the assembly shall be held at seven p.m. in the appointed meeting place on the second and fourth Tuesdays of each calendar month. If such day is a holiday, or if other reasonable conflict occurs making a change appear to be necessary, such meeting shall be held at an hour and on a day more convenient to the members and the public.

Regular meetings may be held more frequently, but not more than once a week, at the option of the assembly, if it appears to be necessary and reasonable.

Call for additional regular meetings shall be made in the same manner as for special meetings, provided at least five days’ notice shall be given. (Ord. 83-531 § 3 (part), 1983; Ord. 71-1 § 1, 1971.)

2.04.180 Special meetings.

Special meetings of the assembly may be held at any time upon call, briefly stating the purpose, of the mayor or of four or more members and, whenever practicable, upon no less than six hours’ notice to each member. Notice shall be given in either of the following manners:

A.    By call given at a regular or special meeting;

B.    By service either orally or in writing of the call by any municipal official or employee upon the mayor and each member of the assembly, provided:

1.    That no such service need be made upon the officials, either mayor or assemblymen, who issue such call; and

2.    Delivery of the call to any person residing or working therein who is over the age of fourteen years, at the home or usual place of business of any assemblyman, shall be equivalent to personal service or call upon the person so to be served.

(Ord. 71-1 § 2, 1971.)

2.04.185 Teleconference participation.

A.    The use of teleconferencing at assembly meetings is for the convenience of government officials and the public. Teleconference participation by the mayor, assembly members and the public is authorized by AS 44.62.310(a) and 44.62.312. While physical presence of the mayor, assembly members and the public is the preferred method of participation at assembly meetings, the mayor, assembly members, and the public are allowed to participate at assembly meetings in the following manner:

1.    Participation of Mayor and Assembly Members by Teleconference.

a.    Any assembly member may participate in any assembly meeting by teleconference. Teleconference participation is solely at the discretion of the assembly member who requests this method of participation if the assembly member is out of town or incapacitated. The assembly member shall notify the clerk to arrange for teleconference participation by four p.m. on the Friday before the Tuesday regular assembly meeting, and at least twelve hours before any special assembly meeting.

b.    The mayor, or the presiding officer in the absence of the mayor, may also participate in any assembly meeting by teleconference. The mayor, or the presiding officer in the absence of the mayor, shall notify the clerk to arrange for teleconference participation by four p.m. on the Friday before the Tuesday regular assembly meeting, and at least twelve hours before any special assembly meeting. However, the mayor, or the presiding officer in the absence of the mayor, shall not preside over the assembly meeting when participating by teleconference.

c.    The mayor and any assembly member participating by teleconference shall be deemed to be present at the assembly meeting for all purposes, including for quorum and voting, except as provided in subsection (A)(1)(b) of this section.

d.    The mayor and any assembly member participating by teleconference shall have the same right to participate in any matter as if physically present at the assembly meeting, including debate under Section 2.04.050, executive sessions, adjudicatory matters, and presentations. Reasonable efforts shall be made to make available to the mayor and any assembly member participating by teleconference any pertinent documents that are to be discussed and/or acted upon, including the assembly packet.

e.    The mayor and any assembly member participating by teleconference shall have the same right to vote on any matter as if physically present at the assembly meeting. All voting at the meeting shall be by roll call vote. The assembly member who is participating by teleconference, or the mayor when participating by teleconference, determines whether the member or the mayor has had the opportunity to evaluate all pertinent information, including any testimony and/or evidence, and is prepared to vote.

f.    Teleconference participation at any assembly meeting is limited to four times a year by each assembly member or by the mayor. However, teleconference participation by a member or the mayor will not be allowed consecutively for more than two regular meetings.

2.    Participation of Public by Teleconference. Any member of the public who will not be present within the city and borough of Sitka during any assembly meeting, and who wants to participate by teleconference concerning any agenda item which allows for public participation under Section 2.04.060, may request participating by teleconference. The assembly agenda is available from the clerk and the city and borough of Sitka website prior to the assembly meeting, in accordance with Section 2.04.010. In order to participate by teleconference, the member of public shall provide the clerk with a telephone contact number for the teleconference participation by four p.m. on the Monday before the Tuesday regular assembly meeting, and at least twelve hours before any special assembly meeting. The clerk will call that phone number during the public participation section on the agenda item.

B.    Cost of Teleconference Participation. The mayor, any assembly member, and any member of the public who participates by teleconference shall not be charged for any telephone costs associated with the teleconference participation.

(Ord. 06-01 A(2) § 4(A), 2006.)

2.04.190 Salaries and compensation.

The assembly, by ordinance, shall determine the salary of the mayor and other assembly members. With the exception of any increase adopted in July of 2002, an increase in salary shall not take effect until the assembly meeting following the regular election after the ordinance has been adopted. With the approval and authorization of the assembly, assembly members shall also receive their actual and necessary expenses incurred in the performance of their duties in office. (Ord. 02-1701 § 4 (part), 2002: Ord. 86-703 § 4, 1986.)

2.04.195 Salaries for assembly members and mayor.

A.    The salary for the mayor of the city and borough of Sitka is increased from two hundred fifty dollars per month to five hundred dollars per month.

B.    The salary for each assembly member is increased from one hundred dollars per month to three hundred dollars per month.

(Ord. 02-1701 § 4 (part), 2002.)

2.04.200 Vacancies.

The assembly shall, within twenty days after a vacancy occurs, select a qualified person to be an acting assembly member until the next regular election when a successor is elected and qualified to fill the remainder of the term. The qualifications shall be those set out in Section 2.04 of the Charter and in state law. (Ord. 04-55 § 4, 2004: Ord. 96-1379 § 4, 1996.)

2.04.210 Interim succession to offices of mayor and deputy mayor.

At the same meeting at which the assembly elects from its membership a deputy mayor, the assembly shall elect from its membership a deputy deputy mayor who shall act as mayor during the absence or disability of both the mayor and the deputy mayor. The deputy deputy mayor shall become mayor for the remainder of the elected mayor’s term if the offices of mayor and deputy mayor become vacant. If the assembly does not elect the deputy mayor and the deputy deputy mayor at the meeting immediately following the certification of the election as described in Section 2.06 of the Charter, the assembly shall do so at the next meeting with five or more members present. (Ord. 04-25 § 4, 2004: Ord. 01-1648 § 4, 2001.)