Chapter 12.01
SKAGWAY PORT COMMISSION

Sections:

12.01.010    Establishment.

12.01.020    Membership.

12.01.030    Qualifications.

12.01.040    Appointment.

12.01.050    Terms.

12.01.060    Vacancies.

12.01.070    Officers.

12.01.080    Meetings.

12.01.090    Subject to Alaska Public Records and Open Meetings Laws.

12.01.100    Rules and procedures.

12.01.110    Function and duties.

12.01.120    Limitations on the powers of the port commission and individual commissioners.

12.01.010 Establishment.

There is established a Skagway port commission (the port commission) which shall advise the assembly and the borough manager on matters relating to planning, maintaining, expanding, developing, financing, administering or operating the Port of Skagway which consists of local and regional transportation or transportation-related systems, facilities and services, including marine, road and highway, rail, air or other transportation systems, facilities and services. The assembly retains complete authority over the Port of Skagway and the assembly acts and serves as the port authority for the Port of Skagway, unless and until a new port governance structure is adopted by ordinance.

(Ord. 16-07, Amended, 04/21/2016; Ord. 11-19, Amended, 09/01/2011; Ord. 09-15, Added, 09/03/2009)

12.01.020 Membership.

The port commission shall be comprised of five (5) commissioners.

(Ord. 16-07, Amended, 04/21/2016; Ord. 09-15, Added, 09/03/2009)

12.01.030 Qualifications.

A commissioner shall be a registered voter of the municipality.

(Ord. 16-07, Amended, 04/21/2016; Ord. 09-15, Added, 09/03/2009)

12.01.040 Appointment.

A.    Commissioners.

1.    The mayor shall appoint commissioners from among persons who either apply or are recommended for the positions, subject to confirmation of the assembly by majority vote. A motion shall not be required to appoint a commissioner.

2.    Commissioners serve at the pleasure of the borough assembly and without compensation. The mayor may remove a commissioner, subject to confirmation of the assembly by majority vote. A motion shall be required to remove a commissioner.

B.    Liaisons.

1.    Yukon Territory Liaison. The mayor shall appoint one (1) representative of the Yukon Territory, nominated by the Yukon Territory government, to serve as a liaison between the Yukon Territory and the commission. The Yukon Territory liaison shall serve a three (3) year term. The Yukon Territory liaison may serve more than one (1) term. The Yukon Territory liaison does count towards a quorum.

2.    Assembly Liaison. The mayor shall appoint annually one (1) assembly member to serve as liaison between the assembly and the commission. The assembly liaison may serve more than one (1) term.

3.    Liaison representatives may attend all meetings of the commission. Liaison representatives shall have the privilege of the floor, but shall not have the right to vote on matters before the commission.

(Ord. 16-07, Amended, 04/21/2016; Ord. 11-27, Amended, 12/01/2011; Ord. 11-19, Amended, 09/01/2011; Ord. 10-13, Amended, 10/21/2010; Ord. 10-11, Amended, 07/01/2010; Ord. 09-15, Added, 09/03/2009)

12.01.050 Terms.

A.    Commissioners serve three (3) year terms; however, a commissioner serves until a successor takes office. The term of office begins in October.

B.    The terms shall be staggered so that commissioners are appointed each year. Terms shall be first established by randomly drawing two (2) for one (1) year terms, two (2) for two (2) year terms and one (1) for a three (3) year term.

C.    A commissioner may serve no more than two (2) consecutive three (3) year terms. However, after not less than one (1) year following the end of a commissioner’s second consecutive term, that former commissioner may be appointed to serve additional terms, subject to this two (2) consecutive term limit.

D.    A commissioner appointed to fill a vacancy shall serve the unexpired portion of the term.

(Ord. 16-07, Amended, 04/21/2016; Ord. 09-15, Added, 09/03/2009)

12.01.060 Vacancies.

A.    A vacancy on the port commission shall be declared and filled as above provided when a commissioner:

1.    Resigns and the mayor accepts that resignation;

2.    No longer meets the qualifications for being a commissioner;

3.    Is physically or mentally unable to attend port commission meetings for a period of more than ninety (90) days unless excused by vote of the port commission;

4.    Misses three (3) consecutive regular commission meetings and is not excused by the chair; or

5.    Is convicted of a felony.

6.    Any commission member may be removed in accordance with Section 12.01.040(A)(2) at any time regardless of whether that person’s term on the board has expired.

B.    The secretary of the port commission shall keep attendance records and notify the mayor when vacancies occur.

(Ord. 16-07, Amended, 04/21/2016; Ord. 11-19, Amended, 09/01/2011; Ord. 09-15, Added, 09/03/2009)

12.01.070 Officers.

A.    The port commission shall elect annually a chair, vice-chair and secretary at its first meeting following the mayor’s appointment and the assembly’s confirmation of commissioners.

B.    The term of office for the chair, vice-chair and secretary shall be one (1) year; however, officers may serve more than one (1) term.

C.    The chair shall preside over the port commission and shall have the right to vote.

D.    The vice-chair shall perform the duties of the chair in the absence or disability of the chair.

E.    The secretary shall be responsible for taking minutes and providing those minutes to the borough clerk in a timely manner.

(Ord. 16-07, Amended, 04/21/2016; Ord. 09-15, Added, 09/03/2009)

12.01.080 Meetings.

A.    The port commission shall meet at least quarterly at a regularly established time and location determined by the port commission. The chair or at least three (3) commissioners may call additional meetings.

B.    The port commission will provide at least five (5) days of public notice of all its meetings, except that it may call an emergency meeting upon not less than twenty-four (24) hours’ prior oral or written notice to all commissioners. Public notice shall go through the borough clerk’s office.

C.    The port commission shall provide an opportunity for the public to be heard at all meetings.

D.    A majority of all commissioners constitutes a quorum. A commissioner disqualified by law from voting on a question may be considered present for purposes of constituting a quorum. In the absence of a quorum any commissioner may recess or adjourn the meeting to a later date.

E.    Actions of the port commission are adopted by a majority of the total membership of the port commission. Each commissioner shall vote on every question, unless required to abstain from voting on a question by law. The final vote of each commissioner on each motion shall be recorded "yes" or "no," except that if the vote is unanimous it may be recorded "unanimous."

F.    The assembly liaison, port director and borough manager have the right to be present in all executive sessions.

G.    The port commission shall maintain minutes of its official proceedings. The minutes shall be filed with the borough clerk and shall be retained as a public record.

(Ord. 16-07, Amended, 04/21/2016; Ord. 09-15, Added, 09/03/2009)

12.01.090 Subject to Alaska Public Records and Open Meetings Laws.

The port commission is subject to AS 40.25.110 through 40.25.220 and AS 44.62.310 through 44.62.312, as amended.

(Ord. 16-07, Amended, 04/21/2016; Ord. 09-15, Added, 09/03/2009)

12.01.100 Rules and procedures.

The port commission may adopt such rules and procedures as may be necessary to carry out its duties subject to approval by the assembly. Robert’s Rules of Order will govern unless other procedures are approved by the assembly.

(Ord. 16-07, Amended, 04/21/2016; Ord. 09-15, Added, 09/03/2009)

12.01.110 Function and duties.

The port commission shall have the following functions and duties:

A.    Recommend, in writing, to the borough manager and the assembly, as appropriate, policies, plans or actions to promote and support commercial and industrial development throughout the Port of Skagway.

B.    As the commission deems necessary, but not less than annually during January, recommend in writing to the borough manager and the assembly allocations of borough resources through the borough’s annual budget process for studying, planning, developing, administering, financing and operating the Port of Skagway.

C.    Solicit input from individuals, groups, agencies, businesses and industries on matters relating to local and regional transportation systems, facilities and services.

D.    Develop, upon concurrence or request by the assembly, or review plans, studies, programs, policies, ordinances, state and federal legislation, regulations, grant applications, and other documents concerning development, financing, administration and operation of local and regional transportation systems, facilities and services; and advise the borough manager and the assembly, as appropriate.

E.    Within sixty (60) days following the end of each fiscal year, submit a written report to the assembly outlining the port commission’s activities and recommendations during the preceding fiscal year, and outlining the port commission’s recommendations for future assembly and borough manager action.

F.    Perform such other functions and duties as the assembly may require.

(Ord. 16-07, Amended, 04/21/2016; Ord. 11-19, Amended, 09/01/2011; Ord. 09-15, Added, 09/03/2009)

12.01.120 Limitations on the powers of the port commission and individual commissioners.

A.    In accordance with its function as solely an advisory commission, the commission has no authority to:

1.    Act on behalf of the municipality of Skagway;

2.    Enter any oral or written agreements or contracts of any kind on behalf of the municipality of Skagway;

3.    Make any promises, whether oral or in writing, to any person, partnership, joint venture, government agency, or private entity.

B.    In accordance with their service on the commission in solely an advisory role, individual commissioners:

1.    Do not have any actual or apparent authority to represent the municipality in any discussions with private persons, partnerships, joint ventures, governmental agencies, or private entities, unless specifically authorized in writing by the mayor as directed by the assembly;

2.    Do not have any actual or apparent authority to enter into any oral or written agreements with any person, partnership, joint venture, governmental agency, or private entity on behalf of the municipality;

3.    Do not have any actual or apparent authority to make any promises to any person, partnership, joint venture, governmental agency, or private entity on behalf of the municipality.

(Ord. 16-07, Added, 04/21/2016)