Title 2
ADMINISTRATION

Chapters:

2.04 City and Borough Assembly

2.08 City and Borough Departments

2.12 City and Borough of Sitka Hospital Board

2.14 Historic Trust Board

2.16 Library Commission

2.18 Planning Commission

2.19 Police and Fire Commission

2.20 Fire Department

2.25 Sitka Police Department

2.32 Sitka Long-Range Planning and Economic Development Commission

2.34 Sitka Convention and Visitors’ Bureau

2.36 Public Notice of Meetings

2.38 Sawmill Cove Industrial Site

2.40 Elections

2.44 Municipal Court

2.46 Municipal Correctional Officers

2.47 Steps for Disaster Preparedness

2.48 District Civil Defense Council

2.52 Parks and Playgrounds

2.54 Sitka Tree and Landscape Committee

2.56 Parks and Recreation Committee

2.58 Sitka Historical Preservation Commission

2.60 Municipal Boards, Commissions and Committees

2.62 Sitka Investment Committee

2.64 Seafood Processing Economic Development Committee

2.66 Tourism Commission

NOTE: Footnotes are numbered throughout the text and are located at the end of this title.

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 on or off 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. 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 seven 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 eleven-thirty p.m. unless extended by a unanimous vote of the members present unless at least six members are present. If at least six members are present, meetings will adjourn at eleven-thirty p.m. unless extended by a vote of at least six members.

(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:

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 assemblymen shall be required to take any of the actions listed above.

(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 recommendations or applications submitted, either written or oral, shall be presented by the mayor to the assembly, after which consideration shall be given to the qualifications and merits of each prospective appointee. During the evaluation of applicants, an assemblyman may recommend a further nomination for consideration with the consent of the majority of the assembly. Nominees are not confined to those individuals whose names have been submitted to the assembly by written or oral application.

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. 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.)

Chapter 2.08
CITY AND BOROUGH DEPARTMENTS2

Sections:

2.08.010 Departments.

2.08.015 Selection of acting administrator.

2.08.020 Responsibility.

2.08.030 Administration and finance department.

2.08.040 Electric department.

2.08.050 Department of public works.

2.08.070 Law department.

2.08.080 Public school system.

2.08.110 General provisions.

2.08.120 Respect for the public.

2.08.125 Local control of labor relations through collective bargaining.

2.08.010 Departments.

The following departments of the city and borough are established:

A.  Administration and finance;

B.  Electric department;

C.  Department of public works;

D.  Police and fire departments;

E.  Law;

F.  Public school system;

G.  Hospital;

H.  Library;

I.  Harbors department.

(Ord. 89-912 § 4(A), 1989; Ord. 72-5 § 3, 1972.)

2.08.015 Selection of acting administrator.

No later than January 15th of each calendar year, the administrator shall provide in writing to the assembly a list of three individuals whom the administrator shall select from to serve as acting administrator during the next twelve months if an acting administrator is needed in the circumstances described in this section. The individuals shall be listed in rank order of selection to serve in that the first person shall be selected before the second person listed and the second person shall be selected before the third person listed. Unless the assembly by majority vote directs the administrator to change the list, the administrator shall select from that list provided to the assembly an acting administrator to serve during a period when the administrator expects to be absent from the city and borough, ill, or otherwise not performing the duties of the administrator for a period of less than thirty days. The individuals listed shall be city and borough department heads. (Ord. 03-1755 § 4, 2003.)

2.08.020 Responsibility.

The responsibility of the departments named in Section 2.08.010 shall be as follows in Sections 2.08.030 to 2.08.080. (Ord. 72-5 § 4 (part), 1972.)

2.08.030 Administration and finance department.

The administration and finance department is responsible for the following:

A.  Administration. Recording and safeguarding of all proceedings of the assembly, safeguarding of all other municipal records; publishing required notices; administration of elections, information and publicity;

B.  Accounting and Finance. All accounting, tax billings, treasury management, purchasing and property control;

C.  Management of Miscellaneous Funded Activities. Activities and programs merely requiring allocation of appropriations or grants, and other funds and assistance.

(Ord. 72-5 § 4 (part), 1972.)

2.08.040 Electric department.

A.  Office Manager. The office manager shall be responsible for the overall functions of the office. Records are to be kept in accordance with uniform accounts generally prescribed for public utilities.

B.  Electric Superintendent. The electric superintendent shall be responsible for all generation, distribution, maintenance and construction of electric utilities.

(Ord. 72-5 § 4 (part), 1972.)

2.08.050 Department of public works.

The department of public works shall be responsible for engineering, public works design, construction, maintenance and operation of all municipal public works, including streets, public buildings, public utilities, harbors, docks, parks, airports and central garage. (Ord. 72-5 § 4 (part), 1972.)

2.08.070 Law department.

The municipal attorney shall be responsible for providing legal services for the municipality. He shall be appointed by and be directly responsible to the assembly. (Ord. 72-5 § 4 (part), 1972.)

2.08.080 Public school system.

A.  The school board shall be responsible for operating the public school system for the city and borough subject to state statutes and authority of the assembly as provided in the Charter.

B.  In addition, it will be responsible for the supervision of the maintenance of all school buildings in the city and borough and it may consent, by resolution, to any consignment of such functions in relation to school buildings to the department of public works on an allocation-of-cost basis.

(Ord. 72-5 § 4 (part), 1972.)

2.08.110 General provisions.

A.  Administration of Departments. Departments shall be administered by the administrator of the city and borough, or his designated department head, supervisor, or other designee unless prohibited by Charter. Departments may be assigned additional responsibilities by the administrator. Department heads, supervisors, or other assigned personnel may be responsible for more than one department or division within the department.

B.  This Title Not a Grant of Power. This title grants no power not otherwise granted, nor does it make any service areawide, or add any services to a service area, but rather provides an organizational structure through which authority over performance of

services otherwise authorized may be exercised.

(Ord. 72-5 § 5, 1972.)

2.08.120 Respect for the public.

A.  No municipal employee shall discriminate against any member of the public on the basis of a person’s race or cultural heritage in the performance of their duties.

B.  No municipal employee shall make uncomplimentary or demeaning comments about any member of the public, in the performance of their duties where such comments may be overheard by members of the public.

C.  All municipal employees shall keep as confidential at all times any personal or derogatory information learned about a member of the public, while performing municipal duties.

D.  Uncomplimentary or personal information may be disclosed in public only where it serves a legitimate municipal interest such as in court or is used to rebut assertions made by an individual, or where such information is by law part of the public record.

E.  This section applies to all employees of the municipality and also all administrative personnel.

F.  Penalties. Violations of these regulations shall subject the employee to progressive discipline as set out in the municipal personnel policy. Termination may be resorted to on a first violation if necessary. In the event of the imposition of discipline, the aggrieved member of the public shall be notified of the nature of the discipline.

(Ord. 80-439 § 3, 1980.)

2.08.125 Local control of labor relations through collective bargaining.

A.  Declaration of Policy. The assembly declares that it is the policy of the city and borough to promote harmonious and cooperative relations between government and its employees and to protect the public by ensuring orderly and effective operations of government. These policies are to be effectuated by recognizing the right of employees to organize for the purpose of collective bargaining, negotiating with and entering into written agreement with a labor organization in matters of wages, hours and other terms of employment, and maintaining merit system principles among city and borough employees.

      It is further the policy of the city and borough to retain control over the management of its labor relations with its employees on a local level by providing a comprehensive scheme within the city and borough’s ordinance system.

B.  Rights of Employees. City and borough employees may self-organize and form, join or assist an organization to bargain collectively through representatives of their own choosing, and engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection.

C.  Collective Bargaining Units. The board shall determine the unit or units appropriate for the purpose of collective bargaining. Bargaining units shall be as large as is reasonable and unnecessary fragmenting shall be avoided. A determination will be based on such factors as: community of interest, wages, hours, working conditions, history of collective bargaining and the desires of the employees. The board’s decision on the appropriateness of any bargaining unit shall be appealable to the assembly as provided by Charter and ordinance.

D.  Exemptions from Collective Bargaining. The following employees shall not be included within any bargaining unit:

1.   Elected officials;

2.   Exempt and partially exempt employees, including department heads; and

3.   Confidential employees.

E.  Representatives and Elections.

1.   The board shall investigate a petition for representation of an employee group if it is submitted in a manner prescribed by the board and is:

a.   By an employee or group of employees or an organization acting in their behalf alleging that thirty percent of the employees of a proposed bargaining unit which has been determined to be appropriate by the board:

i.  Want to be represented for collective bargaining by an organization as the exclusive representative; or

ii. Assert that the organization which has been certified by the board as a bargaining representative is no longer the representative of the majority of the employees in the bargaining unit; or

b.   By the city and borough administrator alleging that one or more labor organizations have presented to it a claim to be recognized as the representative of the majority of employees in an appropriate unit.

2.   Where a petition is filed the board shall provide for an appropriate hearing. Notice of the hearing shall be given by publishing notice in a newspaper of general circulation, at least five days prior to the date set for the hearing, and by mailed notice to the city and borough and to each organization which has presented a claim to be recognized. If the board finds that there is a question of representation, it shall direct an election by secret ballot to determine whether or by which labor organization the employees desire to be represented, and shall certify the results of this election. The board shall determine who is eligible to vote in an election and shall establish rules governing the election. In an election in which none of the choices on the ballot receive a majority of the votes cast, a runoff election shall be conducted, the ballot providing for selection between the two choices receiving the largest number of votes cast in the election. If an organization receives a majority of the votes cast in the election, the organization shall be certified by the board as exclusive representative of all the employees in the bargaining unit.

3.   No certification or decertification election may be held in a bargaining unit if a valid election has been held within the preceding twelve months.

4.   Nothing in this chapter prohibits recognition of an organization as an exclusive representative by the city and borough by mutual consent.

5.   No certification or decertification election may be directed by the board in a bargaining unit in which there is in force and effect a valid collective bargaining agreement, except during a ninety-day period preceding the expiration date of that agreement. However, no collective bargaining agreement may bar an election upon petition of persons in the bargaining unit, but not parties to the agreement, if more than three years have elapsed since execution of the agreement or the last annual renewal, whichever was later.

F.  Recognition by Mutual Consent.

1.   The city and borough and the labor organization may agree that the labor organization is to be the representative of the employees within a bargaining unit, provided the organization presents a majority showing from the employees of the bargaining unit authorizing the union to represent them for purposes of collective bargaining. If the labor organization desires to obtain certification by the board, the recognition agreement shall be filed with the board thirty calendar days before its effective date. The board shall post the recognition agreement within the established bargaining unit at least twenty calendar days before the effective date of the recognition agreement. If the recognition agreement is not filed as provided by this section, or, if within fifteen calendar days of the posting of the recognition agreement, a labor organization intervenes, or ten percent of the permanent and probationary employees of the established bargaining unit object to the recognition agreement, the board shall refuse to certify the labor organization recognized by mutual consent. The board shall treat an intervention petition accompanied by a thirty percent showing of interest as a petition filed.

2.   If no intervention or objection occurs within fifteen calendar days of the posting of the agreement, the board shall, after appropriate investigation and verification of the majority status of the labor organization, certify the labor organization recognized by the agreement as a representative of employees in the agreed-upon bargaining unit.

G.  Collective Negotiations.

1.   The city and borough’s management representatives and representatives of an organized labor organization have a mutual obligation personally to meet and negotiate within a reasonable length of time in order to exchange freely information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation. Requests for meetings or negotiations by recognized labor organizations on matters requiring budgetary financing shall be submitted to the city and borough administrator in time for adequate discussion and consideration and action in connection with the budget deadlines.

2.   The administrator shall keep the assembly apprised of the conditions of the negotiations from time to time during such negotiations, and shall be guided by the assembly as appropriate or necessary throughout the negotiations.

H.  Mediation and Fact-Finding. If, after a reasonable period of negotiation over the terms of a collective bargaining agreement, a deadlock exists between the city and borough and a labor organization, the board may, either on its own initiative or on the request of one of the parties to the dispute, appoint a competent, impartial, disinterested person to act as mediator in any dispute; alternatively, the parties may also select a mediator to bring the parties together voluntarily under such favorable auspices as would tend to settle the dispute, but neither the mediator nor the board has any power of compulsion in mediation proceedings. With the consent of both parties, the board may also appoint a neutral party to determine facts in the dispute and to make public recommendation.

I.  Impasse Submitted to an Arbitrator.

1.   If, upon conclusion of negotiations and after use of mediation and/or fact-finding as appropriate, no agreement is reached, all questions and disputes shall be referred to a neutral arbitrator for final decision and determination. The arbitrator shall be selected from a list of regional arbitrators provided by the American Arbitration Association upon written request of either party, or the local labor board.

2.   A hearing upon the matters in controversy shall be heard promptly by the selected arbitrator. The arbitrator shall have the power to determine all relevant facts including but not limited to workload, productivity, economic feasibility, cost of living, the parties’ bargaining history, relevant market comparisons in the public sector and relevant market comparisons in the private sector, taking into account the cost of living in the markets compared, the employer’s past practice and impact on personnel or workplace morale.

3.   The arbitrator shall be limited in his authority to selection on a subject-by-subject basis from each of the parties’ last best offers. On each subject, the arbitrator shall select one party’s proposal in its entirety. The arbitrator shall not have the authority to select or prepare his own offer nor select or combine portions of either party’s last best offers on a given subject. In exercising his or her discretion to select between competing proposals by subject, the arbitrator shall base his or her decisions solely on the facts determined in accordance with subsection (I)(2) of this section and applicable law.

4.   The decision of the arbitrator shall be reduced to writing and shall be final and binding upon the parties. The collective bargaining agreement, in compliance with the arbitrator’s decision, shall be prepared and executed by the parties. Collective bargaining agreements awarded through binding interest arbitration may not exceed three years in duration from the date of the arbitrator’s award. The city and borough shall submit the financial aspects of the negotiated agreement or of the arbitrator’s decision to the assembly for approval and funding.

5.   Decisions of the arbitrator may be appealed to the superior court for the state only for abuse of discretion, fraud or misconduct on the part of the arbitrator. On appeal to the superior court, legal determinations of the employee relations board shall be reviewed de novo by the superior court.

J.  Strike Prohibited. Employees may not engage in strikes. Upon a finding by the city and borough administrator that employees are engaging or about to engage in a strike, the assembly may authorize the city and borough attorney to petition the superior court for an injunction, restraining order or such other order as may be appropriate.

K.  Agreement. Upon completion of negotiations between the city and borough and the bargaining representative, the terms and conditions shall be reduced to writing in agreement form. The agreement shall be presented to the appropriate employee unit for ratification by secret ballot and to the city and borough assembly for ratification by resolution.

L.  Merit System and Efficient Delivery of Services.

1.   It is the purpose of this section to reserve to management, and to exclude from the bargaining process, those decisions which permit the city and borough to maintain the efficient delivery of uninterrupted service to the community and to take necessary actions to carry out its mission in emergencies; provided, however, that the exercise of these rights does not preclude employees or their representatives from consulting or raising grievances about the practical consequences that decisions on the above matters have on wages, hours and other terms and conditions of employment.

M.  Unfair Labor Practices.

1.   The city and borough or its agents may not:

a.   Interfere, restrain or coerce an employee in the exercise of rights guaranteed by this section;

b.   Dominate or interfere with the formation, existence or administration of an organization;

c.   Discriminate in regard to hire or tenure of employment or a term or condition of employment, to encourage or discourage membership in an organization;

d.   Discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition or complaint, or given testimony under this section;

e.   Refuse to bargain collectively in good faith with a labor organization which is the exclusive representative of employees in an appropriate unit, including the discussion of grievances with the exclusive representative.

2.   A labor organization or its agents may not:

a.   Restrain or coerce:

i.  An employee in exercise of rights guaranteed in this section; or

ii. The city and borough in the selection of its representatives for the purpose of collective bargaining or the adjustment of grievances;

b.   Discriminate against any employee because of race, religion, creed, color, sex, national origin or ancestry, or any person with regard to the membership or terms and conditions of membership in a labor organization;

c.   Refuse to bargain collectively in good faith with the city and borough if it has been designated in accordance with the provisions of this chapter as the exclusive representative of the employees in an appropriate unit;

d.   Refuse to meet and confer in good faith at reasonable times, places and frequency with city and borough management representatives on matters which are properly within the scope of representation;

e.   Cause or attempt to cause an employer to discriminate against an employee in regard to hire or tenure of employment or a term or condition of employment, to encourage or discourage membership in an organization.

3.   Nothing in this section prohibits the city and borough from making an agreement with an organization to require as a condition of employment payment to the exclusive bargaining agent for the expense of representing the members of the bargaining unit; however, such payments shall not exceed that portion of the dues paid by a member which is retained by the organization for local use.

N.  Complaint.

1.   Filing and Investigation of Complaints. Any person claiming to be aggrieved by a practice prohibited under this section may file a verified written complaint with the board. The board shall investigate the complaint or accusation. If it determines after the preliminary investigation that probable cause exists in support of the complaint or accusation, it shall try to eliminate the prohibited practice by informal methods of conference, conciliation, and persuasion.

2.   Complaint and Accusation. If the board fails to eliminate the prohibited practice by conciliation and fails to obtain voluntary compliance with this section, it may serve a copy of the complaint or accusation upon the respondent. The complaint or accusation and the subsequent procedures shall be handled in accordance with procedures adopted by the board.

3.   Powers. At a minimum, the board’s powers shall include the power to conduct hearings, to investigate, to compel testimony, and to issue complaints, subpoenas and orders.

O.  Enforcement by Injunction. The board may apply to the superior court for an order enjoining the prohibited acts specified in the order or decision of the board.

P.  Funding. The monetary impact of any agreement negotiated under this section is subject to assembly approval and to funding through budgetary appropriations.

Q.  Payroll Deductions for Dues and Fees. Upon written authorization of an employee within a bargaining unit, the city and borough shall deduct monthly from the payroll of the employee the amount of dues, service fees and/or other fees as certified by the executive officer of the exclusive bargaining representative and shall deliver it to the chief fiscal officer designated by the exclusive bargaining unit representative.

R.  Employment Relations Board.

1.   There is hereby created an employment relations board which shall have the power in the first instance to enforce this section. The board shall be comprised of three members, of which a majority shall constitute a quorum at any meeting, and shall have the power to conduct hearings, compel testimony and the production of documents, and to perform all other acts necessary to effect the provisions of this section.

2.   The composition of the board shall include one person selected by the city and borough assembly, one person chosen by the city and borough employees in an election to be conducted by the city clerk, and a third person selected by the two other board members who have been appointed/elected. The third member selected by the other two shall become the chairperson, and shall preside at all meetings of the board. The term of each board member shall be for three years.

3.   Each board member shall serve without compensation, but shall be paid an appropriate per diem and/or reimbursed for other expenses reasonably incurred in the performance of official duties. The city and borough assembly shall fund the activities of the employment relations board.

4.   Matters to be filed with the board shall be presented to the city and borough clerk, who shall promptly inform the chairperson of any filings. The chairperson shall then contact any parties for the purpose of scheduling meetings, hearings, or other such proceedings for the purpose of exercising jurisdiction.

5.   Where appropriate, the board may delegate its hearing responsibilities to a hearing officer who shall not be employed by the city and borough nor have a conflict of interest by virtue of any relationship with the city and borough, but who shall have the skills necessary to conduct a quasi-judicial administrative proceeding, and who shall know applicable principles of labor law and rules of evidence and procedure. The hearing officer shall make a recommended decision to the board, which shall then review the record and, where it so deems necessary, conduct further proceedings, take further testimony and/or receive additional evidence. The board shall then decide whether to accept, modify, or reject the hearing officer’s recommendations. The hearing officer shall be paid by the city and borough a reasonable rate consistent with the value of the services provided.

S.  Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1.   “Board” means the city and borough’s employment relations board.

2.   “City and borough” means the city and borough of Sitka, Alaska, and its nonexempt and nonpartially exempt regular employees, including employees of the Sitka Community Hospital, but excludes the school district and its employees.

3.   “Collective bargaining” means the performance of the mutual obligation of the city and borough or its designated representative and the representatives of the employees to meet at reasonable times, including meetings in advance of the budget-making process, and negotiate in good faith in respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement and execution of a written contract incorporating an agreement reached if requested by either party, but these obligations do not compel either party to agree to a proposal or require the making of a concession.

4.   “Confidential employee” means an employee who assists and acts in a confidential capacity to a person who formulates, determines or effectuates management policies.

5.   “Election” means a proceeding conducted by the board in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this chapter.

6.   “Grievance,” under the terms of any agreement pursuant to this chapter, means a complaint, misinterpretation or inequitable application of any of the provisions of such agreement concerning wages, hours or terms and conditions of employment.

7.   “Management employee” means an employee classified as within the exempt or partially exempt service; an employee who regularly assumes, or is appointed to assume for a significant length of time, a substantial part of the duties of a department head or other partially exempt employee during such employee’s absence; and any employee who is responsible for the effectuation or the supervision of the effectuation of management policies.

8.   “Organization” means a labor organization in which the employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment and conditions of employment.

9.   “Terms and conditions of employment” means the hours of employment and the compensation and fringe benefits and the employer’s personnel policies affecting the working conditions of the employees, but does not include the general policies describing the function, purpose and budget of the city and borough, reserved by ordinance, nor matters regulated by a personnel system adopted pursuant to the Charter of the city and borough.

(Ord. 05-30 § 4, 2005.)

Chapter 2.12
CITY AND BOROUGH OF SITKA HOSPITAL BOARD3

Sections:

2.12.010 City and borough of Sitka hospital board.

2.12.020 Oath.

2.12.030 Compensation.

2.12.040 Filling vacancies.

2.12.060 Removal—Definition.

2.12.070 Organization.

2.12.080 Duties and powers.

2.12.090 Receipts and disbursements.

2.12.100 Reports.

2.12.010 City and borough of Sitka hospital board.

There shall be a board known as the city and borough of Sitka hospital board which shall consist of nine members: seven regular members, one of whom shall be a physician unless a physician does not apply within sixty days of a seat becoming open when no other physician is a regular member of the board, who shall serve three-year terms; and two nonvoting members who shall serve one-year terms. One ex officio member shall be a member of the assembly and the other shall be a member of the medical staff. All members shall be approved by the

assembly. (Ord. 05-10 § 4 (part), 2005: Ord. 01-1610 § 4, 2001: Ord. 96-1371 § 4, 1996; Ord. 95-1308 § 4, 1995; Ord. 91-1000 § 4, 1991; Ord. 91-978 § 4, 1991; Ord. 79-74 § 4, 1979: Ord. 79-413 § 4, 1979: Ord. 73-55 § 3, 1973.)

2.12.020 Oath.

Before entering upon the performance of their duties, each member of the board shall take and subscribe to an oath to support the Constitutions of the United States and the state of Alaska, and to faithfully strive to obey and carry into effect the duties imposed by law and ordinances of the city and borough. (Ord. 05-10 § 4 (part), 2005: Ord. 73-55 § 4, 1973.)

2.12.030 Compensation.

Members of the board shall not receive compensation for services performed as board members, and shall not be considered officers of the municipality. (Ord. 05-10 § 4 (part), 2005: Ord. 73-55 § 5, 1973.)

2.12.040 Filling vacancies.

In the event of a vacancy on the board caused by death, resignation, inability to serve, or any other reason, before the expiration of the term of any member the assembly shall appoint some person to fill such vacancy for the unexpired term. At the time of a vacancy, the assembly shall give fifteen days’ public notice that there is a vacancy on the city and borough of Sitka hospital board and that interested persons may inform the assembly that they are willing to serve. The assembly is not limited, however, to those applying when appointing members. (Ord. 05-10 § 4 (part), 2005: Ord. 73-55 § 6, 1973.)

2.12.060 Removal—Definition.

The assembly may remove a member of the board as follows:

A.  For good cause shown, the assembly may remove a member of the board upon fifteen days’ written notice of removal to the board member. The notice shall set forth in detail what the alleged grounds for the removal are;

B.  The board member may appeal the proposed removal. Appeal shall be to the assembly. Hearing on the appeal shall be public unless the board member requests otherwise and the assembly concurs. Notice of appeal must be given to the assembly no later than ten days prior to the date the removal is to be effective. The hearing shall be held prior to the effective date of removal if reasonably possible. If a proposed removal is appealed, the removal shall not become effective until after the assembly decision on the appeal. Following an appeal hearing, assembly action of removal shall not take place unless it is authorized by affirmative assembly vote;

C.  As used herein “good cause” means a just, not arbitrary cause; one based on a showing of lack of competency or performance to the detriment of the public interest.

(Ord. 05-10 § 4 (part), 2005: Ord. 73-55 § 8, 1973.)

2.12.070 Organization.

The board shall organize itself by electing a chairman and secretary who shall hold their offices as provided by hospital board by-laws.

A.  The board shall adopt by-laws for the conduct of its business; provided, that four members of the board shall constitute a quorum for the transaction of business, and four affirmative votes shall be necessary to carry any questions;

B.  Board meetings shall be held in the city and borough at least once each month;

C.  The board shall cause a record of proceedings to be kept. A copy of that record shall be delivered to the assembly in a timely manner;

D.  All meetings are subject to the Alaska Open Meetings Act. All meetings shall be open to the public. No member of the assembly or municipal administrator wishing to attend shall be excluded from an executive session.

(Ord. 05-10 § 4 (part), 2005: Ord. 73-55 § 9, 1972.)

2.12.080 Duties and powers.

The city and borough of Sitka hospital board shall:

A.  Review and make recommendations to the assembly for proper maintenance of the Sitka Community Hospital building(s) and grounds thereof for all projects in excess of twenty-five thousand dollars;

B.  Review and make recommendations through the municipal administrator to the assembly of all hospital construction and architectural contracts prior to assembly approval. All such contracts will be executed in the name of the city and borough;

C.  Review and make recommendations through the municipal administrator to the assembly for development and approval of any new hospital construction and improvements;

D.  Have the authority to solicit grants and funds from any sources for the furtherance of the main purposes. Any solicitations from federal or state agencies shall, however, have prior approval of the municipal administrator. The board shall keep the municipal administrator advised of grants and funds being sought;

E.  Subject to approval of the assembly, make rules and regulations for the administration of the hospital;

F.  Have the power to adopt personnel policies for hospital employees subject to annual review by the assembly during May of each year;

G.  Appoint or remove the hospital administrator subject to the personnel regulations of the Sitka Community Hospital as the assembly from time to time may approve;

H.  At its discretion, organize and seek volunteers to operate and staff a community fund drive for hospital purposes.

(Ord. 05-10 § 4 (part), 2005: Ord. 01-1640 § 4, 2001; Ord. 86-714 § 4, 1986; Ord. 73-55 § 10, 1973.)

2.12.090 Receipts and disbursements.

A.  The hospital accounts receivable shall be the property of the municipality and shall be deposited in a local bank. Such account shall be known as the Sitka Community Hospital general fund account. Such fund shall be used for no purpose other than in connection with hospital operations.

B.  The hospital administrator and the mayor shall sign general fund checks. In the absence of the administrator of the hospital, or the mayor, checks shall be signed in accordance with Section 11.13(b) of the municipal Charter.

C.  The hospital may open a patient refund account. This account shall contain moneys belonging to patients to whom refunds of money are due after payment in full of their account. Overpayments of third party payors shall be deposited directly to this account. The hospital administrator and the mayor shall sign checks on this account. In the absence of either the administrator of the hospital or the mayor, or both, checks shall be signed in accordance with Section 11.13(b) of the municipal Charter. Appropriate bonding will be determined by the hospital board.

D.  The full amount budgeted for hospital purposes shall be made available to the hospital on a schedule determined by the hospital administrator subject to approval of the schedule by the municipal administrator.

E.  The hospital board may make acquisitions or contracts that the city and borough administrator or his or her designee would be authorized to make pursuant to Chapter 3.16.

(Ord. 05-10 § 4 (part), 2005: Ord. 04-61 § 4, 2004; Ord. 99-1532 § 4, 1999; Ord. 73-55 § 11, 1973.)

2.12.100 Reports.

The city and borough of Sitka hospital board shall:

A.  On or before April 1st of each year, submit to the municipal administrator a detailed and itemized budget for the next fiscal year;

B.  Provide the assembly with quarterly operations reports, which shall be sent to the assembly through the municipal administrator and/or municipal finance director;

C.  Submit to the assembly, through the municipal administrator, such periodic or special reports as requested by the assembly.

(Ord. 05-10 § 4 (part), 2005: Ord. 73-55 § 12, 1973.)

Chapter 2.14
HISTORIC TRUST BOARD

Sections:

2.14.010 Historic trust board established—Membership.

2.14.020 Organization and operation.

2.14.030 Duties and powers.

2.14.040 Receipts and disbursements.

2.14.050 Reports.

2.14.010 Historic trust board established—Membership.

There shall be a board known as the historic trust board which shall consist of five members all of whom shall serve terms of three years. The present members shall continue their terms and expiration of terms shall be staggered based upon termination or resignation of members. No person may serve on the board for more than two consecutive terms. (Ord. 91-975 § 4 (part), 1991.)

2.14.020 Organization and operation.

The organization and operation of the board shall be determined by its members. Its operation shall be governed by the provisions in Chapter 2.60 of this code. (Ord. 91-975 § 4 (part), 1991.)

2.14.030 Duties and powers.

The historic trust board shall:

A.  Have general supervision and care of buildings and grounds assigned to it and the power to do everything necessary for proper maintenance and operation thereof within the limits and appropriations authorized by the assembly;

B.  Review and make recommendations through the municipal administrator to the assembly for reconstruction and repair of all properties given to the board for supervision. All contracts will be executed in the name of the city and borough of Sitka;

C.  Review and make recommendations through the municipal administrator to the assembly for development and approval of any new improvements or construction to those properties given to their supervision;

D.  Have the authority to solicit grants and funds from any source for the furtherance of the main purposes. Any solicitations shall have the prior approval of the municipal administrator;

E.  Subject to approval of the assembly make rules and regulations for the administration and control of those properties entrusted to their care;

F.  Other properties may be added to the control and supervision of the board as the assembly shall direct;

G.  All tenants and rental agreements shall receive the prior approval of the assembly. It is not the assembly’s intent to compete with the private rental market and nonprofit or public tenants will be favored.

(Ord. 91-975 § 4 (part), 1991.)

2.14.040 Receipts and disbursements.

A.  The trust receipts shall be the property of the municipality. A fund shall be known as the Sitka historic trust account and shall be used for no purpose other than and in connection with trust operations.

B.  The municipal administrator and mayor shall sign general trust checks. In the absence of the administrator or the mayor the checks shall be signed in accordance with Section 11.13 (B) of the municipal charter.

C.  Disbursements from trust accounts shall be by check only but shall not be made unless approved by the trust board and by the assembly.

D.  The full amount budgeted for the historic trust purposes shall be made available to the trust on a schedule determined by the administrator.

E.  Within the limits of budgeted amounts the board may incur expenses. Bills shall not be paid, however, unless they have been approved by the assembly under the same procedures as ordinary bills.

F.  Nonoperational items with a unit cost in excess of two thousand dollars shall be approved by the assembly prior to any liability being incurred.

(Ord. 91-975 § 4 (part), 1991.)

2.14.050 Reports.

The historic trust board shall:

A.  On or before March 1st each year submit to the municipal administrator a detailed and itemized estimate of the probable revenues and a detailed and itemized budget for the next fiscal year;

B.  Provide the assembly with quarterly operations reports which shall be sent to the assembly through the municipal administrator;

C.  Submit to the assembly through the municipal administrator such periodic and special reports as requested by the assembly.

(Ord. 91-975 § 4 (part), 1991.)

Chapter 2.16
LIBRARY COMMISSION

Sections:

2.16.010 Board of library commissioners.

2.16.020 Oath.

2.16.030 Compensation.

2.16.040 Filling vacancies.

2.16.060 Removal.

2.16.070 Organization.

2.16.080 Duties.

2.16.090 Library property.

2.16.010 Board of library commissioners.

There shall be a board to be known as the board of library commissioners which shall consist of seven members who shall serve terms of three years. All commissioners shall be appointed by the assembly. (Ord. 03-1730 § 4, 2003: Ord. 72-50 § 3, 1972.)

2.16.020 Oath.

Before entering upon the performance of their duties, each member of the board shall take and subscribe to an oath to support the Constitution of the United States and the state of Alaska and to faithfully strive to obey and carry into effect the duties imposed by law and ordinances of the city and borough. (Ord. 72-50 § 4, 1972.)

2.16.030 Compensation.

Members of the board shall not receive compensation for services performed as commissioners. (Ord. 72-50 § 5, 1972.)

2.16.040 Filling vacancies.

In the event of a vacancy on the board caused by death, resignation, inability to serve, or any other reason, before the expiration of the term of any member, the assembly shall appoint some person having the qualifications herein provided to fill such vacancy for the unexpired

term. At the time of a vacancy the assembly shall give fifteen days’ public notice that there is a vacancy on the board of library commissioners and that interested persons may inform the assembly that they are willing to serve. The assembly is not, however, limited to those applying when appointing members. (Ord. 72-50 § 6, 1972.)

2.16.060 Removal.

The assembly may remove a member of the board for cause. (Ord. 72-50 § 8, 1972.)

2.16.070 Organization.

The board shall organize by electing a chairman and secretary who shall hold their offices for such time as the board by resolution may prescribe.

A.  The board shall adopt by-laws for the conduct of its business; provided that three members of the board shall constitute a quorum for the transaction of business, and three affirmative votes shall be necessary to carry any questions;

B.  Board meetings shall be held in the city and borough at least once each month;

C.  Permanent records or minutes shall record the votes of every member on each question and copies of the minutes shall be delivered to all members of the assembly and to the municipal administrator;

D.  All meetings shall be open to the public except that the following may be discussed in executive session (however, no member of the assembly or the municipal administrator wishing to attend shall be excluded from an 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 ordinance are required to be confidential.

(Ord. 72-50 § 9, 1972.)

2.16.080 Duties.

The board of library commissioners shall:

A.  Have general supervision and care of the municipal library and the buildings and grounds thereof and power to do everything necessary for the proper maintenance and operation thereof within the limits of appropriations authorized by the assembly;

B.  On or before March 1st of each year, submit to the municipal administrator a detailed and itemized estimate of probable revenues from sources other than taxation and a detailed and itemized budget for the next fiscal year;

C.  Subject to the approval of the assembly, make rules and regulations for the administration and control of the municipal library;

D.  Make recommendations to the municipal administrator on the appointment of the library staff.

(Ord. 72-50 § 10, 1972.)

2.16.090 Library property.

No person shall wilfully detain any library material whatsoever, or any book, magazine, recording or pamphlet thereof, for more than thirty days after notification has been sent that the material is overdue. Such notification may be given to the person personally or by mail to the place of residence of such person last registered with the municipal library or in the phone book. Mailed notice shall be deemed given upon deposit in the mail so addressed and with postage prepaid. (Ord. 72-50 § 11, 1972.)

Chapter 2.18
PLANNING COMMISSION

Sections:

2.18.010 Terms of office.

2.18.020 Planning director.

2.18.030 Filling vacancies.

2.18.040 Organization.

2.18.050 Organization.

2.18.010 Terms of office.

A.  The term of office for the membership shall be three years.

B.  The first planning commission members shall be appointed and serve terms as follows:

1.   Two commission members for a term of three years;

2.   Two commission members for a term of two years;

3.   One commission member for a term of one year.

C.  Thereafter, all appointments shall be for a three-year term.

D.  This schedule of terms of office shall be effective retroactive to February 2, 1972.

(Ord. 74-118 § 3, 1974.)

2.18.020 Planning director.

The planning director shall be an ex officio member of the commission. (Ord. 74-118 § 4, 1974.)

2.18.030 Filing vacancies.

In the event of a vacancy on the commission caused by death, resignation, inability to serve, or any other reason, before the expiration of the term of any member, the assembly shall appoint some person to fill such vacancy for the unexpired term. At the time of a vacancy, the assembly shall give ten days’ public notice that there is a vacancy on the commission and that interested persons may inform the assembly that they are willing to serve. The assembly is not, however, limited to those applying when appointing members. (Ord. 74-118 § 5, 1974.)

2.18.050 Organization.

The commission shall organize itself by electing a chairman and vice chairman. Meetings shall be held on the first and third Tuesdays, or, the first and third Mondays of each month, with special meetings as required. Minutes of all meetings shall be furnished to the office of the administrator. (Ord. 04-52 § 4, 2004: Ord. 74-118 § 7, 1974.)

Chapter 2.19
POLICE AND FIRE COMMISSION

Sections:

2.19.010 Established.

2.19.020 Oath.

2.19.030 Compensation.

2.19.040 Filling vacancies.

2.19.060 Removal.

2.19.070 Removal—Definition.

2.19.080 Organization.

2.19.090 Duties.

2.19.010 Established.

There shall be a municipal police and fire commission as established by Section 7 of the municipal charter. The police and fire chiefs shall be ex officio members without vote. (Ord. 83-579 § 4(A) (part), 1983.)

2.19.020 Oath.

Before entering upon the performance of their duties, each member of the commission shall take and subscribe to an oath to support the Constitution of the United States and the state of Alaska and to faithfully strive to obey and carry into effect the duties imposed by law and ordinances of the city and borough. (Ord. 83-579 § 4(A) (part), 1983.)

2.19.030 Compensation.

Members of the commission shall not receive compensation for services performed as commissioners. (Ord. 83-579 § 4(A) (part), 1983.)

2.19.040 Filling vacancies.

In the event of a vacancy on the commission caused by death, resignation, inability to serve, or any other reason, before the expiration of the term of any member, the assembly shall appoint a person to fill such vacancy for the unexpired term.

At the time of the vacancy, the assembly shall give fifteen days public notice that there is a vacancy on the commission and that interested persons may inform the assembly that they are willing to serve. The assembly is not, however, limited to those applying when appointing members. All applicants may be subjected to a background check and must be prepared to answer any questions the assembly might ask. (Ord. 83-579 § 4(A) (part), 1983.)

2.19.060 Removal.

The assembly may remove a member of the commission for cause. (Ord. 83-579 § 4(A) (part), 1983.)

2.19.070 Removal—Definition.

The assembly may remove a member of the commission as follows:

A.  For good cause shown, the assembly may remove a member upon fifteen days notice of removal to the member. The notice shall set forth in detail when the alleged grounds for removal will become effective;

B.  The commission member may appeal the proposed removal. Appeal shall be public unless the commission member requests otherwise and the assembly concurs. Notice of appeal must be given to the assembly no later than ten days prior to the date the removal is to be effective. The hearing shall be held prior to the effective date of removal if reasonably possible. If a proposed removal is appealed, the removal shall not become effective until after the assembly decision on the appeal. Following an appeal hearing, assembly action of removal shall not take place unless it is authorized by affirmative assembly vote;

C.  As used in this chapter, “good cause” means a just, not arbitrary cause; one based on a showing of lack of competency or performance to the detriment of the public interest.

(Ord. 83-579 § 4(A) (part), 1983.)

2.19.080 Organization.

A.  The commission shall organize by annually electing a chairman at the first regular meeting in the month of January. The commission shall adopt bylaws for the conduct of its business, provided that three members of the commission shall constitute a quorum for the transaction of business and three affirmative votes shall be necessary to carry any questions.

B.  Commission meetings shall be held in the city and borough at least once each month.

C.  Permanent records or minutes shall record the votes of every member of each question and copies of the minutes shall be delivered to all members of the assembly and the municipal administrator.

D.  The commission shall act as a body and not through individual members.

E.  All meetings shall be open to the public except that the following may be discussed in executive session; however, no member of the assembly or the municipal administrator wishing to attend shall be excluded from an 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 ordinance are required to be confidential.

(Ord. 83-579 § 4(A) (part), 1983.)

2.19.090 Duties.

The police and fire commission shall:

A.  The police and fire commission shall advise the assembly concerning police and fire department matters, make recommendations concerning public safety, and undertake such other duties as the assembly may assign;

B.  Aid in the public relations efforts of each department;

C.  Make, through the administrator, such periodic or special reports as requested by the assembly;

D.  Advise the administrator or assembly on such other matters as may be requested, such as hold hearings, or act as a screening committee for applicants for of chief of either department.

(Ord. 83-579 § 4(A) (part), 1983.)

Chapter 2.20
FIRE DEPARTMENT

Sections:

2.20.010 Establishment.

2.20.020 Fire chief—Authority and responsibilities.

2.20.030 Training, reports and records.

2.20.040 Equipment owned by the city and borough.

2.20.050 Private vehicles of members of Sitka fire department.

2.20.060 Volunteer association.

2.20.010 Establishment.

A.  There shall be a fire department in and for the city and borough of Sitka to be known as the “Sitka fire department.”

B. The purposes of the fire department are to save lives and property through professional response to emergency situations and to minimize emergency occurrences via prevention programs.

C.  The department shall consist of a fire chief and assistant chief (or chiefs) and as many other positions as may be necessary for the effective operation of the department. Members of the fire department will include both paid and unpaid professionals.

D. The fire department includes a fire division, an emergency medical services (EMS) division, a dive rescue and recovery division, a search and rescue division, and an emergency management division. (Ord. 04-58 § 4, 2004; Ord. 04-35 § 4 (part), 2004.)

2.20.020 Fire chief—Authority and responsibilities.

A.  The fire chief shall be the emergency manager for the city and borough of Sitka under the authority of the city and borough municipal administrator.

B.  The fire chief shall adopt, update, implement and maintain the NIMS (National Incident Management System) for the city and borough of Sitka to include the ICS (Incident Command System) for the purpose of individual domestic incident management and emergency prevention, preparedness, response, recovery, and mitigation activities as well as in support of all actions taken to assist federal, state, local and tribal levels of government.

C.  The fire chief shall determine the organization of each division.

D.  The fire chief shall specify the response to emergencies.

E.  The fire chief shall appoint all officers (both paid and volunteer). Such appointments shall be, insofar as possible, done following a fair and impartial competitive examination. All officers shall be accountable to the fire chief.

F.  The fire chief shall appoint members (both paid and volunteer).

G.  The fire chief shall arrange for the services of a medical director.

H.  The fire chief shall be responsible to prepare, submit, and administer the fire department budget.

I.  The fire chief is responsible to recommend to the city and borough administrator and assembly, capital investments necessary for the effective operation of the fire department.

J.  The fire chief is responsible to safeguard and maintain all property of the fire department.

K.  The fire chief shall assure investigation into the origin, cause, and circumstances of all fires.

L.  The fire chief shall maintain and enforce an up-to-date, comprehensive set of rules and regulations governing the discipline, training, and operation of the fire department. The fire chief shall have the authority to carry out the enforcement of these rules and regulations and is authorized to suspend or remove from service any officer or member.

M.  The fire chief shall be responsible for notifying members of the fire department of such emergencies to assure prompt response to such incidents.

N.  The fire chief shall have the authority to dispatch resources to emergencies beyond the road system when such allocation of such resources will not jeopardize a reasonable level of protection for this municipality.

O.  The fire chief shall perform the duties incident to the office and such other duties as the city and borough administrator may assign.

(Ord. 05-55 § 4, 2005: Ord. 04-35 § 4 (part), 2004.)

2.20.030 Training, reports and records.

A.  The fire chief shall administer a comprehensive training program.

B.  The fire chief shall report monthly on the status of the fire department to the police and fire commission.

C.  The fire chief shall see that complete records are maintained. (Ord. 04-35 § 4 (part), 2004.)

2.20.040 Equipment owned by the city and borough.

A.  Fire department equipment shall be used only with proper authority.

B.  Fire department equipment may be assigned to members. Otherwise, equipment should not be taken without proper authorization.

C.  Fire department buildings and equipment are open to the public when accompanied by a member of the fire department. (Ord. 04-35 § 4 (part), 2004.)

2.20.050 Private vehicles of members of Sitka fire department.

A.  Members of the department shall be issued fire department insignia to be attached to their vehicles.

B.  Personal vehicles of fire department members may be equipped with a flashing blue light. The light may be energized only when responding to an alarm. Members shall observe all traffic ordinances. (Ord. 04-35 § 4 (part), 2004.)

2.20.060 Volunteer association.

A.  Members of the fire department may organize into a voluntary association with election of their own officers and by-laws.

B.  The purpose of the volunteer association is to support the fire department, its members and their families.

C.  The volunteer association shall in no way limit the authority of the fire chief.

D.  Funding for the volunteer association shall be through a separate line item in the fire department budget. (Ord. 04-35 § 4 (part), 2004.)

Chapter 2.25
SITKA POLICE DEPARTMENT

Sections:

2.25.010 Establishment.

2.25.020 Appointments.

2.25.030 Rank.

2.25.040 Duties of the chief.

2.25.050 Duties.

2.25.060 Serving process.

2.25.070 Conduct of members.

2.25.080 Rules and regulations.

2.25.090 Organization.

2.25.100 Equal opportunity in making appointments to the police department.

2.25.010 Establishment.

There shall be a police department in and for the municipality to be known as the Sitka police department. It shall consist of a police chief and such other officers as may be deemed necessary for the effective operation of the department. (Ord. 88-842 § 4 (part), 1988.)

2.25.020 Appointments.

The chief of police shall be appointed by the administrator with the approval of the assembly.

All other appointments to, or promotions within the department, shall be made by the chief of police subject to the approval of the administrator. (Ord. 88-842 § 4 (part), 1988.)

2.25.030 Rank.

The chief of police shall be the head of the department and have supervision over all officers and members thereof. (Ord. 88-842 § 4 (part), 1988.)

2.25.040 Duties of the chief.

The chief of police shall be the keeper of the municipal jail and shall have custody of all persons incarcerated therein. He shall keep such records, and make such records concerning the activities of his department as may be required by statute or by the assembly. The chief shall be responsible for the performance by the police department of its functions. All persons who are members of the police department shall serve subject to the orders of the chief of police. (Ord. 88-842 § 4 (part), 1988.)

2.25.050 Duties.

It shall be the duty of the members of the Sitka police department to see to the enforcement of all the ordinances of the municipality and all state statutes applicable therein; to preserve order therein; to prevent infractions of law and arrest violators thereof. (Ord. 88-842 § 4 (part), 1988.)

2.25.060 Serving process.

No member of the police department, except the chief, shall serve any process, except on command of the chief of the police department. (Ord. 88-842 § 4 (part), 1988.)

2.25.070 Conduct of members.

It shall be the duty of members of the police department to conduct themselves in a proper law-abiding manner at all times and to avoid the use of unnecessary force. Each member of the department shall obey the lawful orders and directions of their superior. (Ord. 88-842 § 4 (part), 1988.)

2.25.080 Rules and regulations.

The chief of police of the Sitka police department may make or prescribe rules and regulations as he deems advisable, consistent with accepted police practices. Such rules as approved by the administrator shall be binding upon members of the Sitka police department. Such rules and regulations shall cover, besides the conduct of members, uniforms and equipment worn or carried, hours of service, vacations, and all other similar matters necessary or desirable for the better efficiency of the department. (Ord. 88-842 § 4 (part), 1988.)

2.25.090 Organization.

The chief of police shall create such divisions within said department as he deems necessary for the correct performance of the duties assigned to the police department, subject to the approval of the administrator of the city and borough. (Ord. 88-842 § 4 (part), 1988.)

2.25.100 Equal opportunity in making appointments to the police department.

No person shall be deprived of an opportunity to serve on the police department because of race, religion, skin color, national origin, or sex. No arbitrary rules on height, weight, or achievement of strength, unrelated to job needs shall be imposed. No handicapped person shall be denied, merely by virtue of being handicapped, appointment to a position on the Sitka police department which the handicapped person is competent to fill. (Ord. 88-842 § 4 (part), 1988.)

Chapter 2.32
SITKA LONG-RANGE PLANNING AND ECONOMIC DEVELOPMENT COMMISSION

Sections:

2.32.010 Establishment.

2.32.020 Formation.

2.32.030 Organization.

2.32.040 Procedure.

2.32.050 Term.

2.32.010 Establishment.

There shall be a Sitka long-range planning and economic development commission to undertake long-range community planning, to maintain and collect current economic data and trends concerning community activities, to annually formulate an economic plan for local governmental purposes, to annually review the Sitka Comprehensive Plan, to review past and proposed city ordinances, and coastal management plans, to implement other programs including economic funding proposals, approved by the assembly, and to identify unnecessary barriers which would impede economic development. (Ord. 01-1649 § 4 (part), 2001: Ord. 99-1538 § 4 (part), 1999.)

2.32.020 Formation.

The long-range planning and economic development commission shall consist of seven members as follows: four members active in roles of the major industries of Sitka: seafood, health care, tourism, education; and three members from the community at large. In the event that a qualified representative of an industry group is not available, a representative from the community at large shall be appointed for the three-year term. Upon the completion of that term, every attempt shall be made to fill the position with an industry representative. (Ord. 01-1649 § 4 (part), 2001: Ord. 99-1538 § 4 (part), 1999.)

2.32.030 Organization.

The commission shall organize itself, naming a chairperson and vice chairperson, as well as any other officers it deems necessary. Except during the summer, the commission shall meet at least once a month. (Ord. 01-1649 § 4 (part), 2001: Ord. 99-1538 § 4 (part), 1999.)

2.32.040 Procedure.

A.  The commission shall develop a process in which the public can participate in setting goals for future use of publicly owned resources and economic development.

B.  The commission shall, with the concurrence of the assembly, take specific action to facilitate long-range planning for the community.

C.  The commission shall, with the concurrence of the assembly, take specific action to facilitate economic growth and development.

D.  The commission shall review and comment on the Sitka Comprehensive Plan with the planning commission.

E.  The commission shall review and comment on all referred issues for purposes of economic analysis.

F.  The commission shall implement loan programs and foundation funding strategies.

G.  The commission shall comply with all statutes, ordinances and regulations regarding public meetings and notice to the public of such meetings.

(Ord. 01-1649 § 4 (part), 2001: Ord. 99-1538 § 4 (part), 1999.)

2.32.050 Term.

The terms of the commission members shall be three years. Members of the existing commission shall serve their terms as already set. Members shall serve until their successors have been confirmed by the assembly. There shall be no pay for commission membership. (Ord. 01-1649 § 4 (part), 2001: Ord. 99-1538 § 4 (part), 1999.)

Chapter 2.34
SITKA CONVENTION AND VISITORS’ BUREAU

Sections:

2.34.010 Formation.

2.34.020 Term.

2.34.030 Powers and duties.

2.34.040 Fiscal matters.

2.34.050 Voluntary association.

2.34.010 Formation.

There shall be a board known as the Sitka convention and visitors’ bureau, composed of seven members. The members shall be nominated by the assembly and confirmed by a majority vote of the assembly members who are present at any regular or special meeting. The bureau shall organize itself and function according to the provisions of Chapter 2.60 of the Sitka General Code. (Ord. 80-431 § 4 (part), 1980.)

2.34.020 Term.

The term of office of the Sitka convention and visitors’ bureau members shall be three years, but the first bureau members shall be appointed and serve terms as follows:

A.  Three members for a term of three years;

B.  Three members for a term of two years;

C.  One member for a term of one year.

Members shall serve until their successors have been confirmed by the assembly. There shall be no pay for bureau membership. (Ord. 80-431 § 4 (part), 1980.)

2.34.030 Powers and duties.

A.  The bureau shall be responsible for the formulation of policies governing the planning and execution of programs dealing with all phases of convention and tourist promotion and service to tourists.

All such policies and plans of operation, shall be approved by the assembly prior to execution, but after approval, the bureau shall administer such programs to see that they are executed in line with assembly authorization.

B.  The bureau shall submit periodic reports to the assembly as may be determined by the assembly, but not less than quarterly.

(Ord. 80-431 § 4 (part), 1980.)

2.34.040 Fiscal matters.

A.  The city may allocate funds from its budget to assist in programs of the bureau. The bureau may also solicit funds from other sources, but all funds directly received become city property even though used specifically for bureau purposes.

B.  The bureau shall submit an annual budget and sources of income for the coming year, which shall be approved by the assembly as part of the general fund budget of the municipality.

C.  Within the limits of the budgeted amounts, the bureau may incur expenses. Bills before payment shall be approved by the assembly under the same procedures as ordinary bills.

(Ord. 80-431 § 4 (part), 1980.)

2.34.050 Voluntary association.

A.  The bureau may form an auxiliary voluntary association to aid in the bureau purposes. Such purposes may include the solicitation of funds. Any actions and solicitations by such an auxiliary shall make it clear that its actions are not those of an official branch of the municipality, but rather those of a private voluntary organization.

B.  Any funds received by such auxiliary shall be expended only with prior bureau approval. If any auxiliary funds remain upon termination of the auxiliary, such funds revert to the Sitka general fund.

C.  Any disbursements by the auxiliary shall be reported to the assembly in no less than itemized quarterly reports.

D.  The bureau may not guarantee payment of any auxiliary expense without prior assembly approval, nor may the bureau donate any moneys to the auxiliary without prior assembly approval, nor may the bureau solicit funds for the auxiliary.

E.  The auxiliary may be dissolved at any time by the bureau or the assembly.

(Ord. 80-431 § 4 (part), 1980.)

Chapter 2.36
PUBLIC NOTICE OF MEETINGS5

Sections:

2.36.010 Required.

2.36.020 Publication.

2.36.030 Emergency meeting.

2.36.040 Meeting location.

2.36.010 Required.

Reasonable public notice shall be given of all meetings of an administrative body, board, commission, committee, subcommittee, authority, agency or other organization including subordinate units of the above groups of the city and borough including but not limited to assembly, school board, platting board, departments, commissions or organizations advisory or otherwise of the city and borough supported in whole or in part by public money or authorized to spend public money. (B.C.S. § 2.12.010.)

2.36.020 Publication.

Reasonable public notice is given if a statement containing the date, time and place of the meeting is published not less than twenty-four hours before the time of the meeting in a newspaper of general circulation published within the city and borough or not less than twenty-four hours before the time of the meeting by posting such statement in three public places within the city and borough or by announcement of such meeting twenty-four hours before the time of the meeting on radio or television stations within the city and borough with an affidavit of broadcasting given by such radio or television stations. If the meeting is a special meeting, then the above statement shall also contain the expected subjects of discussion, but the failure to list a subject shall not invalidate any action taken in respect thereto. (B.C.S. § 2.12.020.)

2.36.030 Emergency meeting.

An emergency meeting of the assembly or school board may be held after such public notice as is reasonable under the circumstances without regard to the publication requirements in Section 2.36.020, upon the affirmative vote of all members present, or the affirmative vote of three-quarters of those elected that a public emergency affecting life, health, welfare or property exists and that reasonable public notice of the meeting has been given. Any action taken at an emergency meeting is valid only for sixty days. (B.C.S. § 2.12.030.)

2.36.040 Meeting location.

Meetings required to be open to the public under this chapter and the state open meeting law shall be held in a location and at a time reasonably accessible to the public. (Ord. 00-1567 § 4, 2000.)

Chapter 2.38
SAWMILL COVE INDUSTRIAL SITE

Sections:

2.38.010 Designation.

2.38.020 Sawmill Cove industrial park board of directors.

2.38.030 Board of directors organization.

2.38.040 Vacancies.

2.38.050 Meetings.

2.38.060 Coordination.

2.38.070 Membership in associations.

2.38.080 General powers.

2.38.090 Leasing powers.

2.38.100 Adoption of regulations.

2.38.110 Sawmill Cove industrial park director designated appointment.

2.38.120 Director duties and responsibilities.

2.38.130 Schedule of fees and charges.

2.38.140 Industrial park fees.

2.38.150 Preparation and submission of a budget.

2.38.160 Other fiscal matters.

2.38.170 Employee relations.

2.38.180 Definitions.

2.38.010 Designation.

The former Alaska Pulp Corporation mill site is designated as the Sawmill Cove industrial park (Sawmill Cove). As described in Exhibit A, attached to the ordinance codified in this chapter and incorporated herein by reference. The Sawmill Cove industrial park is a municipal department subject to assembly general oversight. (Ord. 00-1568 § 4 (part), 2000.)

2.38.020 Sawmill Cove industrial park board of directors.

A.  There is established the board of directors of the city and borough of Sitka, which shall be known as the city and borough of Sitka Sawmill Cove industrial park board of directors. The Sawmill Cove industrial park board shall consist of five members appointed by the assembly to serve without compensation for staggered two-year terms. Terms shall commence on June 1st.

B.  No employee or the spouse of an employee or a member of the immediate family or household of a member of the board of the Sawmill Cove industrial park may be a member of the board. To the extent possible, appointments to the board shall include persons having marine, engineering, financial or other skills relevant to industrial park matters. One member of the board shall hold a seat at large. The conflict of interest provisions set out in this code and the Charter shall apply to actions of the board of directors. A written disclosure by each board member of his or her ownership interests in lessees and lessee applicants shall be filed with the municipal clerk by March 15th annually.

C.  Members of the board of directors shall serve at the pleasure of the assembly and may be removed by the assembly at any time.

(Ord. 00-1568 § 4 (part), 2000.)

2.38.030 Board of directors organization.

The board shall elect annually from its members a chair and vice chair and such other officers as it deems necessary. (Ord. 00-1568 § 4 (part), 2000.)

2.38.040 Vacancies.

A.  A vacancy shall exist under the following conditions:

1.   If a person appointed to membership fails to quality and take office within thirty days of appointment;

2.   If a member departs from the city and borough with the intent to remain away for a period of ninety or more days;

3.   If a member submits his or her resignation to the assembly;

4.   If a member is physically unable to attend board and standing committee meetings for a period of more than ninety days; or

5.   If a member misses more than forty percent of the board and standing committee meetings in a twelve-month period.

B.  The chair of the board shall notify the assembly of any vacancy on the board. Upon notification, the assembly shall appoint a new member for the unexpired term.

(Ord. 00-1568 § 4 (part), 2000.)

2.38.050 Meetings.

The board shall meet at least once each month at a place and time to be designated by the chair. Meetings of the board or any duly constituted committee of the board shall be subject to the state and local open meeting laws. (Ord. 00-1568 § 4 (part), 2000.)

2.38.060 Coordination.

A.  The board shall submit to the assembly, at least quarterly, a report on industrial park operations and pending issues.

B.  The municipal administrator or his designee shall be made an ex-officio member of the board.

C.  The board shall adopt safety policies acceptable to the municipal risk manager or such other officer as the director may designate.

D.  In emergencies, the industrial park shall, to the extent necessary to resolve the emergency, be under the control of the fire chief or such other officer as the municipal administrator may designate.

(Ord. 00-1568 § 4 (part), 2000.)

2.38.070 Membership in associations.

The board of directors may maintain membership in any local, state or national group or association organized and operated for the promotion, improvement, or assistance in the administration of port and harbor facilities, or industrial park facilities and, in connection therewith, pay dues and fees thereto. The assembly shall select one of its members to serve as the liaison to the board. (Ord. 00-1568 § 4 (part), 2000.)

2.38.080 General powers.

A.  Subject to state laws and municipal ordinances, the board of directors shall generally exercise all powers necessary and incidental to operation of all Sawmill Cove industrial park facilities in the public interest and in a sound business manner. In particular, and without limitation on the foregoing, the board:

1.   Shall be responsible for the operation, maintenance, development, and marketing of the municipally owned and operated Sawmill Cove industrial park, including such facilities as site development, docks, and facilities appurtenant thereto;

2.   Shall approve annual budgets prepared by the industrial park director to be submitted to the assembly for final approval and adoption;

3.   Shall formulate and prepare planning documents for the ongoing development of the industrial park;

4.   Shall enforce all rules and regulations necessary for the administration of the facilities under its management. Such rules and regulations shall be prepared and amended by the board and subject to the final approval of the assembly before implementation;

5.   Shall prescribe the terms under which persons and vessels may use the facilities and shall establish and enforce standards of operation, consistent with the prospective purchasers agreement and the state of Alaska Department of Environmental Conservation Management Plan and the c