Chapter 3.01 MAYOR, ASSEMBLY AND CENTRAL ADMINISTRATION

The records of the municipality shall be kept by the clerk; except that departments of the municipality may keep such records as are necessary for the performance of their duties. When such records are no longer needed in the possession of such departments, the same shall be delivered to the clerk for safekeeping. Records shall be maintained in accordance with Chapter 3.20. Disposal of records may only occur after the "Records Destruction Authorization" form has been completed and approved by the borough manager. The records of the Dahl Memorial Clinic and Skagway police department shall be kept in accordance with federal and state law applicable to confidential records and those records are not kept by the clerk; however, such records must be maintained and disposed of according to Chapter 3.20.

(Ord. 21-08, Amended, 07/15/2021; Ord. 09-20, Amended, 10/15/2009; Ord. 98-23 § 3, Amended, 12/03/1998; Ord. 84-14 § 4 (part), Repealed & Replaced, 09/20/1984)

3.01.025 Assembly membership and term of office.

The assembly shall consist of six (6) members; the mayor is not a member of the assembly. An assembly member is elected for a three-year term and until a successor qualifies. The regular term of office begins on the first Monday following certification of the election.

(Ord. 09-20, Amended, 10/15/2009; Ord. 06-20, Amended, 09/07/2006; Ord. 00-09, Amended, 05/18/2000; Ord. 97-13, Amended, 07/03/1997; Ord. 90-05, Amended, 04/05/1990; Ord. 89-19, Repealed & Replaced, 09/19/1989; Ord. 88-23, Amended, 08/18/1988; Ord. 84-14, Repealed & Replaced, 09/20/1984)

3.01.030 Qualifications of mayor and assembly members.

A. A borough voter is eligible to serve as mayor or a member of the assembly. If the mayor or a member of the assembly ceases to be a voter in the municipality he shall immediately forfeit office.

B. Prohibited discrimination. A person may not be appointed to or removed from municipal office or in any way favored or discriminated against with respect to a municipal position or municipal employment because of the person’s race, color, sex, creed, national origin or, unless otherwise contrary to law, because of the person’s political opinions or affiliations.

(Ord. 09-20, Added, 10/15/2009)

3.01.035 Vacancies on the Assembly.

A. The assembly shall declare an assembly seat vacant when the person elected:

1. Fails to qualify or take office within thirty (30) days after election or appointment;

2. Is physically absent from the municipality for ninety (90) consecutive days unless excused by the governing body pursuant to subsection (E) of this section;

3. Resigns and the resignation is accepted;

4. Is physically or mentally unable to perform the duties of office as determined by two-thirds (2/3) vote of the governing body;

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

6. Is convicted of a felony or misdemeanor described in AS 15.56, Election Offenses and Corrupt Practices, and two-thirds (2/3) of the members of the assembly concur in expelling the person elected;

7. Is convicted of a violation of AS 15.13, State Election Campaigns;

8. No longer physically resides in the municipality and the assembly by two-thirds (2/3) vote declares the seat vacant; this subsection does not apply to a member who forfeits office under Section 3.01.030, Qualifications of mayor and assembly members; or

9. If a member of the assembly misses three (3) consecutive regular meetings and is not excused pursuant to subsection (E) of this section.

B. If a vacancy occurs in the assembly, the remaining members shall within thirty (30) days appoint a qualified person to fill the vacancy. If less than thirty (30) days remain in a term, a vacancy may not be filled.

C. Notwithstanding subsection (A) of this section, if the membership is reduced to fewer than the number required to constitute a quorum, the remaining members shall, within seven (7) days, appoint a number of qualified persons to constitute a quorum.

D. A person appointed under this section serves until the next regular election, when a successor shall be elected to serve the balance of the term.

E. If a member is absent from a meeting, the assembly shall vote to determine if the member is excused; except that a member who is absent due to municipal business shall be considered excused.

(Ord. 16-08, Amended, 04/07/2016; Ord. 09-20, Added, 10/15/2009)

3.01.040 Vacancy in the office of mayor.

A. The assembly shall, by two-thirds (2/3) concurring vote, declare the office of mayor vacant only when the person elected:

1. Fails to qualify or take office within thirty (30) days after election or appointment;

2. Unless excused by the assembly pursuant to subsection (C) of this section, is physically absent for ninety (90) consecutive days;

3. Resigns and the resignation is accepted;

4. Is physically or mentally unable to perform the duties of office;

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

6. Is convicted of a felony or misdemeanor described in AS 15.56, Election Offenses and Corrupt Practices;

7. Is convicted of a violation of AS 15.13, State Election Campaigns;

8. No longer physically resides in the municipality.

B. A vacancy in the office of mayor occurring within six (6) months of a regular election shall be filled by the assembly. The person appointed serves until the next regular election when a successor is elected to serve the balance of the term. If a member of the assembly is appointed mayor, the member shall resign the seat on the assembly. If a vacancy occurs more than six (6) months before a regular election, the assembly shall call a special election to fill the unexpired term.

C. If the mayor is absent from a meeting, the assembly shall vote to determine if the mayor is excused; except that a mayor who is absent due to municipal business shall be considered excused.

(Ord. 16-08, Amended, 04/07/2016; Ord. 09-20, Added, 10/15/2009)

3.01.045 Mayor.

A. The mayor shall have those powers and exercise those duties allocated to him by Alaska Statutes under a manager form of government.

B. The mayor shall preside at all meetings of the assembly except during his absences, at which time the vice-mayor shall preside. The mayor may take part in the discussion of a matter before the assembly. The mayor may not vote, except that the mayor may vote in the case of a tie.

C. The mayor shall sign all ordinances, contracts and deeds of the municipality on authorization of the assembly.

D. The mayor shall, subject to assembly confirmation, appoint all members of commissions, boards, and advisory committees.

E. The mayor’s term of office shall be for two (2) years.

F. Within thirty (30) days after the annual election of members of the assembly, the mayor shall appoint a vice-mayor. Any appointment may be vetoed by majority vote of the assembly.

G. Mayor’s Committees. From time to time the mayor may appoint ad hoc committees to address special projects. These committees do not have terms but serve at the pleasure of the mayor until such special projects that the committee has been tasked with has been completed. Any appointment may be vetoed by majority vote of the assembly.

(Ord. 09-20, Amended, 10/15/2009; Ord. 97-13, Amended, 07/03/1997; Ord. 90-30, Amended, 10/04/1990; Ord. 88-23, Amended, 08/18/1988; Ord. 84-14, Repealed & Replaced, 09/20/1984)

3.01.050 Veto.

A. Except as provided in (C) and (D) of this section, the mayor may veto an ordinance, resolution, motion, or other action of the assembly and may strike or reduce appropriation items.

B. A veto must be exercised before the next regular meeting of the assembly and must be accompanied by a written explanation of the reasons for the veto. A veto may be overridden by vote of two-thirds of the authorized membership of the assembly within 21 days following exercise of the veto, or at the next regular meeting, whichever is later.

C. The veto does not extend to:

1. appropriation items in a school budget ordinance;

2. actions of the assembly sitting as the board of equalization or the board of adjustment;

3. adoption or repeal of a manager plan of government.

D. The veto does not extend to an ordinance adopted under AS 04.11.501, Alcoholic Beverages Prohibition of Possession after Election.

(Ord. 09-20, Added, 10/15/2009)

3.01.055 Compensation of elected officials.

A. The mayor shall receive a stipend of one thousand dollars ($1,000.00) per month. The mayor’s stipend shall not be decreased during their term of office, and shall be prorated per day for service of less than one (1) month and/or greater than one (1) month. If the mayor is out of the borough for a period of more than fifteen (15) days (exclusive of time spent on borough business), the mayor’s stipend shall be suspended for the entire period of absence and paid to the appointed vice mayor as prorated by the borough treasurer.

B. Each member of the assembly shall receive a salary of one hundred twenty-five dollars ($125.00) for attendance at each regular, special or work session (committee of the whole) meeting.

(Ord. 21-08, Amended, 07/15/2021; Ord. 13-24, Amended, 09/19/2013; Ord. 09-20, Amended, 10/15/2009; Ord. 97-13, Amended, 07/03/1997; Ord. 88-23, Amended, 08/18/1988; Ord. 84-14, Repealed & Replaced, 09/20/1984)

3.01.060 Meeting time, date and order of business.

A. Meetings of the assembly and all other municipal bodies shall be public in accordance with AS 44.62.310.

B. Regular meetings of the assembly shall be held on the first and third Thursdays of every month at 7:00 p.m., in the assembly chambers unless public notice is given at least twenty-four (24) hours in advance to the effect that the meeting will be held at a different hour or in a different place.

C. Holidays. Whenever a first or third Thursday of the month is a holiday, the regular meeting scheduled for that day shall be held on the following day.

D. Notice. No notice of any regular meeting is required, except in the month of January of each year the clerk shall post a notice in two (2) public places in the municipality stating the time and place of regular meetings of the assembly as provided in this chapter.

E. Special Meetings. Notice of special meetings of the assembly shall be posted in two (2) public places in the municipality for a period of at least twenty-four (24) hours before any special meeting; and shall be communicated to the mayor and each member of the assembly either verbally or by personal delivery of notice at least twenty-four (24) hours before the meeting. Notice of any special meeting shall state in general terms the nature of any items scheduled to be presented to the meeting. No irregularity in giving notice of the purpose of the meeting shall invalidate such special meeting. A special meeting to respond to an emergency may be conducted with less than twenty-four (24) hours notice if all members are present or if absent members have waived in writing the required notice. Waiver of notice can be made before or after the special meeting is held.

F. Regular Meeting Order of Business. At regular meetings of the assembly the following order of business shall be observed unless at a specific meeting the order is changed by amending the agenda at the beginning of the meeting:

1. Call to order;

2. Roll call;

3. Approval of minutes of previous meeting;

4. Approval of agenda;

5. Board of appeals (if required);

6. Reports of Officials & Committees;

a. Mayor’s report

b. Committee reports

c. Treasurer’s report (once monthly)

d. Borough manager’s report

7. Hear citizens present;

8. Ordinances and resolutions;

9. Unfinished business;

10. New business;

11. Mayor & assembly discussion items;

12. Executive session (if required);

13. Adjournment;

G. Special Meeting Order of Business. Special meetings of the assembly are subject specific. Items not listed in the notice of a special meeting may not be addressed at a special meeting. The following order of business shall be observed:

1. Call to order;

2. Roll call;

3. Proof of notice to assembly members shall be presented and filed;

4. Hear citizens present;

5. Subject of the special meeting;

6. Mayor & assembly discussion items;

7. Adjournment

(Ord. 09-20, Amended, 10/15/2009; Ord. 06-20, Amended, 09/07/2006; Ord. 90-05, Amended, 04/05/1990; Ord. 89-19, Repealed & Replaced, 09/19/1989; Ord. 84-14, Repealed & Replaced, 09/20/1984)

3.01.065 Quorum and voting at assembly meetings.

Four (4) assembly members constitute a quorum. Actions of the assembly, including all actions in its capacity as the board of equalization and as the board of appeals, are adopted by four (4) affirmative votes. The final vote on each ordinance, resolution or substantive motion must be by a recorded roll call vote. Each member present shall vote on every question, unless required by law to abstain from voting on a question.

(Ord. 09-20, Amended, 10/15/2009; Ord. 84-14, Repealed & Replaced, 09/20/1984)

3.01.070 Teleconferencing.

A. The use of teleconferencing at assembly meetings is for the purpose of serving the public and the convenience of government officials and, in addition, to allow, whenever necessary, the convening of emergency assembly meetings despite the lack of a physically present quorum. Teleconference participation by the mayor and assembly members is authorized by AS 44.62.310(a) and 44.62.312. While physical presence of the mayor and assembly members is the preferred method of participation at assembly meetings, the mayor and assembly members are allowed to participate at assembly meetings in the following manner:

1. The mayor or a member of the assembly may participate by telephone in an assembly meeting. If the mayor chooses to participate by telephone, the vice mayor shall preside.

2. The mayor or a member of the assembly may not participate in an executive session by using the municipal teleconference line, but may participate by use of a private telephone or private mobile phone.

3. The mayor and each member of the assembly may attend four (4), two (2) consecutive, regular assembly meetings by teleconference during the twelve (12) month period commencing January 1st of each year. If the mayor or assembly member has participated telephonically in four (4) regular meetings, and requests to participate telephonically in one (1) or more additional regular meetings, a majority of the quorum of the assembly present may, by roll call vote at the beginning of a regular meeting, grant further telephone participation for use only during that regular meeting to the mayor or to any assembly member who has exhausted their teleconferencing. The mayor or assembly member requesting the additional telephonic participation does not count toward a quorum and may not vote on whether the assembly will allow the telephonic participation. Requests for additional telephonic participation by the mayor or an assembly member beyond the permitted four (4) shall be prioritized in the order that they are received by the borough clerk in writing.

4. The mayor and each member of the assembly may attend special assembly meetings and assembly of the whole committee meetings by teleconference with no limit as to number.

5. If a regular assembly meeting is rescheduled from its designated date under Section 3.01.060(B), teleconferencing regulations for such rescheduled regular meetings shall be subject to the teleconference regulations under subsection (A)(4) of this section for special assembly meetings. With this exception, rescheduled regular meetings shall be subject to all other municipal code and rules of procedure requirements.

6. Any teleconference call that results from a travel weather delay will not be counted against the four (4) total allowed in a calendar year.

7. Participating in a meeting by teleconference while out of town on municipal business does not count toward the four (4) regular meetings permitted in subsection (A)(3) of this section.

8. No more than three (3) members of the assembly and the mayor may participate by telephone at any one (1) regular, special or assembly of the whole committee meeting, including participation of the mayor or assembly member requesting additional telephonic participation beyond the four (4) permitted in subsection (A)(3) of this section.

9. A minimum of forty-eight (48) hours’ notice shall be given to the clerk regarding telephonic participation in a particular meeting, except in the case of an emergency assembly meeting.

10. All members of the assembly may participate telephonically in emergency assembly meetings, and need not be physically present to establish a quorum of four (4).

11. The mayor or a member of the assembly participating by telephone shall be counted as present for purposes of discussion, voting and attendance.

12. The meeting packet is loaded on the municipal website and a member participating by telephone shall review all materials provided. The member shall provide the telephone number and any available facsimile, email, or other document transmission service to the clerk and, to the extent reasonably practicable, the clerk shall provide backup materials to members participating by telephone.

13. The mayor or members participating by telephone shall make every effort to participate in the entire meeting, including any executive session scheduled. From time to time during the meeting the borough clerk shall confirm the connection. Any person participating in an executive session via private telephone or mobile phone shall state that there is no one else present and that the phone line or mobile device is secure and cannot be accessed by any other person during the executive session.

14. The clerk shall provide the mayor or member participating by telephone with the municipality’s conferencing number. At the meeting, the clerk shall establish the telephone connection when the call to order is imminent. If the telephone connection cannot be made or is made then lost, the meeting shall commence or continue as scheduled and the clerk shall attempt to establish or restore the connection.

15. Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone.

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

C. Determination of Emergency Conditions. A determination of emergency under this section may be made by the mayor or the manager if any of the following conditions are present:

1. Fire, flood, epidemic, riot, environmental accident, or a similarly compelling reason;

2. Events for which immediate action is necessary to protect public health, welfare, or safety, or to protect public or private property.

(Ord. 20-01, Amended, 01/16/2020; Ord. 17-07, Amended, 05/18/2017; Ord. 16-08, Amended, 04/07/2016; Ord. 13-27, Amended, 10/17/2013; Ord. 12-27, Amended, 01/03/2013; Ord. 09-21, Amended, 11/05/2009; Ord. 09-20, Amended, 10/15/2009; Ord. 00-09, Added, 05/18/2000)

3.01.072 Executive Sessions.

A. Executive sessions are authorized by AS 44.62.310(b). If permitted subjects are to be discussed at a meeting in executive session, the meeting must first be convened as a public meeting and the question of holding an executive session to discuss matters that are listed below shall be determined by a majority vote of the assembly. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private. Subjects may not be considered at the executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question. Action may not be taken at an executive session, except to give direction to the attorney regarding the handling of a specific legal matter.

1. The following subjects may be considered in an executive session:

a. matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the public entity;

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

c. matters which by law, municipal charter, or ordinance are required to be confidential;

d. matters involving consideration of government records that by law are not subject to public disclosure.

B. No recordings shall be permitted for any executive session.

(Ord. 09-21, Added, 11/05/2009)

3.01.075 Parliamentary Procedure

Robert’s Rules of Order shall be followed in matters of parliamentary procedure.

(Ord. 09-20, Amended, 10/15/2009; Ord. 84-14, Repealed & Replaced, 09/20/1984)

3.01.080 Acts Required to be by ordinance.

A. The assembly shall use ordinances to:

1. Establish, alter, or abolish municipal departments;

2. Fix the compensation of members of the assembly;

3. Provide for a fine or other penalty, or establish rules or regulations for a violation of which a fine or other penalty is imposed;

4. Provide for the levying of taxes;

5. Make appropriations and supplemental appropriations or transfer appropriations;

6. Grant, renew, or extend a franchise;

7. Regulate the rate charged by a public utility owned by the municipality;

8. Adopt, modify or repeal the comprehensive plan, zoning and subdivision ordinances, building and housing codes, and the official map;

9. Approve the transfer of a power to a borough from a city;

10. Provide for the retention or sale of tax-foreclosed property;

11. Exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of municipal public works projects within the limitations set out in AS 36.25.025;

12. Such other actions as may be required by Alaska Statutes to be performed by ordinance.

B. Procedure for Adopting Ordinances.

1. Regular Ordinances. The following procedure governs the enactment of all ordinances except emergency ordinances. An ordinance shall be introduced by a member or committee of the assembly or by the mayor. An ordinance shall be set for hearing by the affirmative vote of a majority of the assembly members. A summary of the ordinance and its amendments shall be published in a notice of time and place for public hearing, the hearing date to follow publication of such notice by at least five (5) days. Publication shall be by posting on bulletin boards in two (2) places in the municipality. At the hearing copies of the ordinance must be available to all persons present or the ordinance must be read in full. The assembly shall hear all interested persons wishing to be heard but may, in the event there are a large number of persons wishing to be heard, limit the number of minutes each person may testify. After the hearing the assembly shall consider the ordinance, and may adopt it with or without amendment. The clerk shall print and make available copies of adopted ordinances. Ordinances take effect upon adoption or at a later date specified in the ordinance.

2. Emergency Ordinances. To meet a public emergency, the assembly may adopt ordinances effective on adoption without a public hearing. Every emergency ordinance must contain a finding by the assembly that an emergency exists and a statement of facts upon which the finding is based. The ordinance may be amended and adopted or rejected at the meeting in which it is introduced. The affirmative vote of all members present, or the affirmative vote of three-fourths (3/4) of the total membership, whichever is less, is required for adoption. The clerk must print and make available copies of adopted emergency ordinances. An emergency ordinance may not be used to levy taxes. Emergency ordinances are effective for sixty (60) days only.

(Ord. 09-20, Amended, 10/15/2009; Ord. 84-14, Repealed & Replaced, 09/20/1984)

3.01.085 Payment of accounts.

Payment of Accounts. All claims and accounts for payment shall be approved by the assembly before payment. Vouchers for such purpose shall be prepared for each separate account to be paid. The vouchers shall be submitted to the assembly for inspection and the accounts may be paid only by being approved by the assembly, except that the assembly may, by resolution, delegate this authority to the chair of the assembly’s finance committee.

(Ord. 09-20, Amended, 10/15/2009; Ord. 84-14, Repealed & Replaced, 09/20/1984)

3.01.090 Assembly standing committees.

A. Committee Appointments. The assembly standing committees shall consist of the civic affairs committee, the finance committee, the health, education and welfare committee, the parks & recreation committee, the public safety committee, the public works committee. Each committee shall consist of 3 assembly members. Within thirty (30) days after the annual election of members of the assembly, the mayor shall appoint standing committees of the members of the assembly. Any appointment may be vetoed by majority vote of the assembly. Each committee may call meetings as often as necessary to address issues brought forward by a member of the public, administration, a department, the mayor or any assembly member. All meetings are open to the public and shall be posted no less then 24 hours prior to the meeting. The assembly standing committees are treated as work sessions and do not require recorded minutes. The assembly standing committees shall bring recommendations forward to the assembly during regular or special meetings for consideration and action by the assembly.

1. Civic Affairs Committee. The civic affairs committee is tasked with addressing broad issues such as town signage, the street addressing system, and such other tasks assigned by the mayor from time to time. The civic affairs committee is also tasked with review of the Skagway visitor department budget during the annual budget cycle.

2. Finance Committee. The finance committee is tasked with addressing issues related to finance such as payment of accounts, income and expense reports, land fund issues, and such other tasks assigned by the mayor from time to time. The finance committee is also tasked with review of the land fund and bond fund during the annual budget cycle.

3. Health, Education and Welfare Committee. The health, education and welfare committee is tasked with addressing issues related the clinic, schools and such other tasks assigned by the mayor from time to time. The health, education and welfare committee is also tasked with review of the library, museum and clinic department budgets during the annual budget cycle.

4. Parks & Recreation Committee. The parks & recreation committee is tasked with addressing issues related to parks, trails, playgrounds, recreational use areas such as 7-Pastures Ball Fields and such other tasks assigned by the mayor from time to time. The parks & recreation committee is also tasked with review of the Skagway Recreation Center and the parks & rec. division of Public Works budgets during the annual budget cycle.

5. Public Safety Committee. The public safety committee is tasked with addressing issues related to fire, EMS, police, traffic, parking and such other tasks assigned by the mayor from time to time. The public safety committee is also tasked with review of the fire and police department budgets during the annual budget cycle.

6. Public Works Committee. The public works committee is tasked with addressing issues related to building infrastructure, water, sewer and refuse collection and infrastructure, streets, sidewalks, harbor and such other tasks assigned by the mayor from time to time. The public works committee is also tasked with review of the public works department and harbor department budgets including the enterprise funds for water, sewer, garbage and harbor during the annual budget cycle.

B. The Assembly of the Whole Committee shall consist of the mayor and all assembly members. The assembly of the whole committee meetings are treated as work sessions and do not require recorded minutes. Meetings may be called as often as necessary to address issues brought forward by a member of the public, administration, a department, the mayor or any assembly member. All meetings are open to the public and shall be posted no less then 24 hours prior to the meeting. The assembly of the whole committee shall bring recommendations forward during regular or special meetings for consideration and action by the assembly. No action may be taken during work sessions. The assembly of the whole committee is also tasked with review of the following budget areas during the annual budget cycle: school district funding requests, capital projects, sales tax, administration and borough assembly.

(Ord. 21-01, Amended, 01/21/2021; Ord. 09-20, Added, 10/15/2009)

3.01.095 Borough manager.

A. Appointment, Term and Qualifications. The assembly shall appoint the borough manager for an indefinite term by majority vote of all its members. The borough manager shall be selected solely on the basis of executive and administrative qualifications. At the time of appointment the borough manager need not be a resident of the municipality or state, but during the borough manager’s tenure of office, they shall reside within the municipality. Neither the mayor nor any assembly member may be appointed borough manager or acting borough manager during the mayor or assembly member’s term, nor for one (1) year following the end of that term. The assembly may suspend or remove the borough manager any time by a majority vote of all its members. The assembly may enter into a contract with the borough manager which specifies a term of employment and addresses particular aspects of municipal employee benefits and the personnel rules as adopted by the assembly.

B. Acting Borough Manager. If the borough manager is absent from the municipality or is unable to perform their duties, if the assembly suspends the borough manager, or if there is a vacancy in the office of the borough manager, the assembly may appoint an acting borough manager to serve until the borough manager returns, their disability or suspension ceases, or until another borough manager is appointed, as the case may be. The assembly may suspend or remove an acting borough manager at any time.

C. Powers and Duties. The borough manager shall be the chief administrative officer of the municipality, and shall have all the powers and duties set forth in AS 29.20.500, as follows:

1. Appoint, suspend, or remove municipal employees and administrative officials, except as provided otherwise in this title and AS 14.14.065;

2. Supervise the enforcement of municipal law and carry out the directives of the borough assembly;

3. Prepare and submit an annual budget and capital improvement program for consideration by the borough assembly, and execute the budget and capital improvement program adopted;

4. Make monthly financial reports and other reports on municipal finances and operations as required by the borough assembly;

5. Exercise custody over all real and personal property of the municipality, except property of the school district;

6. Perform other duties required by law or by the borough assembly; and

7. Serve as personnel officer, unless the borough assembly authorizes the borough manager to appoint a personnel officer.

D. In addition, the borough manager shall have the following authority and duties:

1. Except for appointments which by state law or municipal ordinances must be made by the mayor and/or the assembly, or by the borough manager with confirmation by the assembly, the borough manager, in their role as personnel officer for the municipality, shall have sole authority to take all personnel actions regarding municipal employees, including department heads. The borough manager may authorize any administrative employee who is subject to their direction and supervision to exercise these powers with respect to subordinates in that department head’s department, office or facility.

2. The borough manager shall attend assembly meetings and shall have the right to take part in discussion but not to vote.

3. The borough manager shall perform such other duties as specified elsewhere in the Skagway Municipal Code or as may be required by the assembly.

E. Annual evaluation. Annually, or more frequently as the assembly deems necessary, the assembly shall review the performance of the borough manager using procedures compliant with the Municipality of Skagway’s personnel policies.

(Ord. 21-08, Amended, 07/15/2021; Ord. 09-20, Amended, 10/15/2009; Ord. 86-05, Repealed & Replaced, 02/13/1986; Ord. 84-14 § 4 (part), Repealed & Replaced, 09/20/1984)

3.01.100 Borough clerk.

A. The borough clerk shall be appointed by the assembly and serve at the pleasure of the assembly. The borough clerk is subject to the supervision of the assembly. The borough clerk is an employee of the municipality.

B. Mission, powers and duties. The mission of the clerk’s office is to serve as liaison between the public and the assembly. The borough clerk shall:

1. Attend meetings of the assembly and its boards and committees as required to keep the journal;

2. Have custody of the official municipal seal;

3. Assure that notice and other requirements for public meetings are complied with and assure that public records are available for public inspection as required by law;

4. Manage municipal records and develop retention schedules and procedures for inventory, storage, and destruction of records as necessary as outlined in Chapter 3.20;

5. Maintain an indexed file of all permanent municipal records, provide for codification of ordinances, and authenticate or certify records as necessary;

6. Prepare agendas and agenda packets as required by the assembly;

7. Administer all municipal elections;

8. Assure that the municipality complies with 42 U.S.C. 1971-1974 (Voting Rights Act of 1965, as amended);

9. Take oaths, affirmations, and acknowledgments as necessary;

10. Act as the parliamentary advisor to the assembly and its boards and committees;

11. Attest deeds and other municipal documents signed by the mayor in accordance with action of the assembly;

12. Maintain the necessary qualifications to be a notary;

13. Perform such other duties as may be specified in Alaska Statutes, Title 29, or as may be prescribed by the assembly;

14. Under the direction of the borough manager, the borough clerk may act as personnel clerk;

15. The borough clerk and deputy clerk serve as direct contact for the Skagway Coastal Management Program.

C. Deputy Clerk.

1. In the temporary absence of the borough clerk, the deputy clerk is authorized to act on behalf of the borough clerk, with all the powers and obligations of the borough clerk. The deputy clerk shall be duly qualified.

2. The deputy clerk shall be empowered to sign all documents in the name of the borough clerk, subscribing their personal signature as deputy clerk.

D. Annual evaluation. Annually, or more frequently as the assembly deems necessary, the assembly shall review the performance of the borough clerk using procedures compliant with the Municipality of Skagway’s personnel policies.

(Ord. 21-08, Amended, 07/15/2021; Ord. 09-20, Amended, 10/15/2009; Ord. 07-03, Amended, 02/15/2007; Ord. 84-14 § 4 (part), Repealed & Replaced, 09/20/1984)

3.01.105 Borough treasurer.

A. The borough treasurer is the custodian of all municipal funds, but shall pay over to the treasurer of the school district all moneys available for the maintenance of schools. The borough treasurer shall keep an itemized account of moneys received and disbursed, and shall pay money on vouchers drawn against appropriations.

B. The borough treasurer shall give bond to the municipality for the faithful performance of the treasurer’s duties, in a sum which the assembly directs.

(Ord. 09-20, Amended, 10/15/2009; Ord. 84-14 § 4 (part), Repealed & Replaced, 09/20/1984)

3.01.110 Borough attorney.

The borough attorney shall serve as legal advisor of the municipality with respect to any legal matter affecting the municipality’s interest. The borough attorney shall serve at the pleasure of the assembly and is not an employee of the municipality.

(Ord. 21-08, Amended, 07/15/2021; Ord. 09-20, Amended, 10/15/2009; Ord. 84-14 § 4 (part), Repealed & Replaced, 09/20/1984)

3.01.115 Bonds of officials.

The assembly shall, from time to time by resolution, determine which personnel of the municipality, in addition to the borough treasurer, shall be bonded for the faithful accounting of all funds and property under their control. Such bonds shall be purchased from surety companies licensed to do business in the state of Alaska in such amounts as the assembly shall determine and be in such form as is acceptable to the assembly.

(Ord. 21-08, Amended, 07/15/2021; Ord. 09-20, Amended, 10/15/2009; Ord. 84-14 § 4 (part), Repealed & Replaced, 09/20/1984)

3.01.120 Oaths of office.

Municipal elected officials, planning and zoning commissioners, the borough treasurer, the borough clerk, the borough manager, and the chief of police, before taking office, shall affirm in writing that they will honestly, faithfully and impartially perform their duties. The oaths shall be filed with the borough clerk.

(Ord. 21-08, Amended, 07/15/2021; Ord. 09-20, Amended, 10/15/2009; Ord. 84-14 § 4 (part), Repealed & Replaced, 09/20/1984)

3.01.125 Conflicts of interest.

Any elected official or employee shall disqualify themselves from participating in any official action in which they have a substantial financial interest.

1. A member of the assembly shall declare a substantial financial interest the member has in an official action and ask to be excused from a vote on the matter;

2. The presiding elected official shall rule on a request by a member of the assembly to be excused from a vote;

3. The decision of the presiding elected official on a request by a member of the assembly to be excused from a vote may be overridden by the majority vote of the assembly; and

4. A municipal employee or official, other than a member of the assembly, may not participate in an official action in which the employee or official has a substantial financial interest.

(Ord. 21-08, Amended, 07/15/2021; Ord. 09-20, Amended, 10/15/2009; Ord. 84-14 § 4 (part), Repealed & Replaced, 09/20/1984)

3.01.130 Discrimination in employment.

No person may be appointed to or removed from municipal employment, or in any way favored or discriminated against with respect to a municipal position, because of that person’s race, religion, color or national origin, age, physical handicap, sex, sexual orientation, gender identity, marital status, change in marital status, pregnancy or parenthood, veteran status, military service, or because of that person’s political opinions or affiliations.

(Ord. 21-08, Amended, 07/15/2021; Ord. 84-14 § 4 (part), Repealed & Replaced, 09/20/1984)

3.01.135 Interference by assembly.

Except for the purposes of inquiry, the assembly and its members or other officials of the municipality shall deal with the administrative service solely through the borough manager, and neither the assembly nor any member thereof nor other municipal officials shall give orders to any subordinate of the borough manager, either publicly or privately. Neither the assembly nor any of its members shall dictate the appointment of any person to office or employment by the borough manager, except as permitted by state law or the municipal ordinances.

(Ord. 09-20, Amended, 10/15/2009; Ord. 84-14 § 4 (part), Repealed & Replaced 09/20/1984)