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Chapter 2.04
CITY COUNCILSections:
2.04.010 Regular meetings.
2.04.020 Special meetings.
2.04.025 Public notice of meetings.
2.04.030 Length of meetings.
2.04.040 Rules of order.
2.04.050 Order of business.
2.04.060 Quorum.
2.04.070 Presiding officer.
2.04.080 Mayoral powers and duties.
2.04.090 Councilmembers – Powers and duty to vote.
2.04.100 Council vacancies.
2.04.105 Procedures for filling council vacancies.
2.04.110 Executive sessions.
2.04.120 Voting.
2.04.130 Committee of the whole and work sessions.
2.04.140 Organization of council.
2.04.150 Resolutions.
2.04.160 Ordinance form and procedure.
2.04.170 Smoking.
2.04.010 Regular meetings.
A. Regular meetings of the city council shall be held on the second (2nd) and fourth (4th) Tuesdays of each month.
B. A regular meeting may be postponed or rescheduled to another date upon a vote of the majority of the councilmembers at a previous regular or special meeting. A regular meeting may be postponed or rescheduled because of an expected lack of a quorum of the city councilmembers at the next scheduled regular meeting. At least one (1) regular meeting must be held each month.
C. Notice of the postponing or rescheduling of a regular meeting shall be given in accordance with BMC 2.04.025. If a regular meeting is rescheduled, it may not be rescheduled before six (6) days after the last regular meeting in order to give the public notice of the rescheduled date.
D. Unless otherwise stated in the public notice of the meeting, each regular meeting shall be held at City Hall in the City Council Chambers, which is located at 300 State Highway, and shall begin at 6:30 p.m. [Ord. 04-07 § 2; Ord. 03-18 § 2; Ord. 02-08 § 2; Ord. 97-29 § 2.]
2.04.020 Special meetings.
A. Special meetings of the city council may be held at the place, time, and upon the date set out in the public notice of the special meeting, provided:
1. The meeting is called by the mayor, the vice mayor if the mayor is absent from the city, or three (3) councilmembers; and
2. A majority of the members are given at least twenty-four (24) hours’ oral or written notice and a reasonable effort has been made to give notice to all members; or
3. If less than twenty-four (24) hours’ oral or written notice is provided to a majority of councilmembers, then all members are present at the meeting or waive in writing the required notice either before or after the meeting and the waiver is made a part of the minutes of the meeting.
B. Delivery of written notice to the residence and to the place of employment of a councilmember constitutes a reasonable effort to notify.
C. Reasonable public notice of the special meeting must also be given. [Ord. 97-29 § 2.]
2.04.025 Public notice of meetings.
A. Reasonable public notice shall be given of all meetings of the city council and of committees of the council, including meetings of the committee of the whole and work sessions not held as part of a previously noticed regular or special council meeting.
B. The notice shall contain the date, time and place of the meeting and a preliminary agenda. The notice shall be posted on the bulletin board at City Hall and on at least three (3) other bulletin boards within the city at least six (6) days before the meeting. If the meeting will be teleconferenced to permit the participation of the public or one (1) or more councilmembers, the location of each teleconference site shall be given in the notice. The failure of the notice to meet one (1) or more conditions of this section does not constitute a failure to provide reasonable notice unless such failure violates the requirements of reasonable notice set out in AS 44.62.310. [Ord. 97-29 § 2.]
2.04.030 Length of meetings.
Unless extended by motion, all regular and special meetings of the city council shall end at 10:00 p.m.; provided no action taken by the city council shall be invalid solely because the action was taken after 10:00 p.m. without first (1st) extending the time for adjournment. [Ord. 97-29 § 2.]
2.04.040 Rules of order.
Robert’s Rules of Order shall govern the procedures of the council, except as may be modified by resolution of the council or as otherwise required by law or ordinance. [Ord. 97-29 § 2.]
2.04.050 Order of business.
A. The business of the council at regular meetings shall be conducted in the following order:
Call to order;
Roll call;
Persons to be heard;
Approval of agenda and consent agenda;
Approval of minutes;
Unfinished business;
New business;
Reports of standing committees;
Mayor’s report;
Manager’s report;
Clerk’s report;
Councilmember comments;
Executive session;
Adjournment.
B. The clerk shall prepare an agenda for each regular and special meeting. The clerk shall place on the agenda items requested by the council, the mayor, a councilmember, a council committee, or the manager. The agenda for regular meetings shall include all items from the preceding regular meeting that were not reached for action. All materials for the councilmembers’ agenda packets should be submitted by 5:00 p.m. to the clerk one (1) week before the next regular meeting. The agenda packets shall be given to the councilmember five (5) days before the next regular meeting by 8:00 p.m.
C. The council may add items to or delete items from the agenda, change the order of any items on the agenda, and may establish a time certain that specified items will be taken up. The mayor or the council may place limits on the amount of time persons will be given to address the council under any kind of business. [Ord. 06-19 § 2; Ord. 05-05 § 2; Ord. 04-25 § 2; Ord. 03-22 § 2; Ord. 02-08 § 3; Ord. 97-29 § 2.]
2.04.060 Quorum.
At all meetings of the council, four (4) members shall constitute a quorum for the transaction of business. Councilmembers who are present but disqualified from voting on a matter are present for purposes of determining a quorum. In the absence of a quorum, a majority of the councilmembers present may recess or adjourn the meeting to a later date. At least four (4) affirmative votes are required to approve any action of the council except when the council acts in a quasi-judicial capacity. [Ord. 97-29 § 2.]
2.04.070 Presiding officer.
The mayor shall be the presiding officer at council meetings. In the absence of the mayor from the meeting, the vice mayor shall preside. If neither the mayor or vice mayor is present, the members present shall elect one (1) of the remaining members as mayor pro tempore. In such event the mayor pro tempore shall preside at such council meeting and otherwise perform the duties of mayor during the period the mayor and vice mayor are absent. [Ord. 97-29 § 2.]
2.04.080 Mayoral powers and duties.
A. The mayor is the ceremonial head of the city and shall preside at meetings of the council, sign all ordinances and resolutions passed by the council and execute deeds and other documents on behalf of the city when authorized by the council.
B. The vice mayor shall have the powers and perform the duties of the mayor during the absence from the city or temporary disability of the mayor.
C. The mayor and vice mayor, as members of the council, may vote on all matters. [Ord. 97-29 § 2.]
2.04.090 Councilmembers – Powers and duty to vote.
A. Councilmembers have the right to place matters on the agenda for a regular or special meeting, make and second (2nd) motions at meetings, introduce ordinances and resolutions, propose policies or actions, vote on matters before the council, accept appointments to and chairmanships of standing, special or other committees, and to exercise all other powers that derive from their elected position.
B. Each member of the council present shall vote on each question before the council unless required by law to abstain. [Ord. 97-29 § 2.]
2.04.100 Council vacancies.
A. The city council shall declare a council 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 city for ninety (90) consecutive days unless excused by the council;
3. Resigns and the resignation is accepted;
4. Is physically or mentally unable to perform the duties of office as determined by a two-thirds (2/3) vote of the council;
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 and two-thirds (2/3) of the members of the council concur in expelling the person elected;
7. Is convicted of a violation of AS 15.13;
8. No longer physically resides in the city and the council by a two-thirds (2/3) vote declares the seat vacant; this subsection does not apply to a member of the council who forfeits office under AS 29.20.140(a); or
9. Misses three (3) regular meetings in a calendar year and is not excused.
B. If a vacancy occurs on the city council, the remaining members shall, within thirty (30) days of the vacancy, and subject to AS 29.20.180, appoint a qualified Bethel voter to fill the vacancy in accordance with the procedures established in BMC 2.04.105. The person appointed to fill the vacancy shall serve until the next regular election and until a successor is elected and has qualified for the vacated council seat. The elected successor shall serve the remainder of the term of the vacated council seat. [Ord. 02-08 § 4; Ord. 97-29 § 2.]
2.04.105 Procedures for filling council vacancies.
A. The council shall meet in a regular or special meeting to appoint a qualified person to fill a vacancy. The council may request that persons interested in filling the vacant seat write a letter of interest to be submitted to the city clerk by the specified deadline in the public notice of a council vacancy. The person submitting a letter of interest to fill a vacant council seat may attach any relevant information such as a resume to his or her letter of interest. The council shall nominate a qualified person to fill the vacant seat. If there is not a person qualified out of those persons who submitted a letter of interest to fill the vacant council seat, the council may nominate a qualified person who has not applied for the vacant council seat. Nominations for the vacant seat shall be made by a motion approved by the council. Once all nominations are made, councilmembers shall cast votes simultaneously by written ballot for persons nominated. All of the ballots will be collected by the city clerk who shall thereafter publicly announce the vote of each councilmember. The person who receives a majority of the votes shall fill the vacant seat.
B. If none of the persons nominated receives a majority of votes in the first (1st) round of balloting, the procedure provided for in subsection A of this section shall be repeated no more than twice. If none of the persons nominated receives a majority of votes in the third (3rd) round of balloting, the vacancy shall be filled by a drawing of straws by the two (2) nominees who received the highest and second (2nd) highest number of votes. The nominee who draws the longest straw shall fill the vacant council seat. The mayor may designate a person to draw straws for any absent candidate.
C. If it is not possible to determine the nominees with the two (2) highest vote counts because of a tie in votes between the nominees who have the second (2nd) highest number of votes in the third (3rd) round of balloting, the seat shall be filled by a drawing of straws conducted in accordance with subsection B of this section by the person who received the highest number of votes and the persons who tied for second (2nd) place. If there is a tie vote between the nominees who have the highest number of votes in the third (3rd) round of balloting, the seat shall be filled by a drawing of straws by these nominees conducted in accordance with subsection B of this section.
D. The mayor shall publicly announce which person drew the longest straw and that person shall fill the vacant council seat. [Ord. 02-08 § 5.]
2.04.110 Executive sessions.
A. If permitted subjects are to be discussed by the council in executive session at a meeting, the meeting must first (1st) be convened as a public meeting and the question of holding an executive session to discuss matters that are listed in subsection B of this section shall be determined by a vote on a motion to convene in executive session. 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 subject. Action may not be taken at an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations.
B. The following subjects may be considered in an executive session:
1. Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the city;
2. Subjects that tend to prejudice the reputation and character of any person, provided the person must first (1st) be notified of the request for executive session and may request a public discussion;
3. Matters that by law or ordinance are required to be confidential; and
4. Matters involving consideration of government records that by law are not subject to public disclosure. [Ord. 97-29 § 2.]
2.04.120 Voting.
A. Except as provided in subsection B of this section, the vote on each motion shall be conducted and recorded in such a manner that the public may know the vote of each councilmember. If unanimous consent is requested, a roll call vote shall be conducted if any councilmember objects. All votes at a teleconference meeting shall be by roll call.
B. The council may vote by secret ballot on questions that are necessary to organize the council. [Ord. 97-29 § 2.]
2.04.130 Committee of the whole and work sessions.
A. The presiding officer may, upon concurrence of the council or if there is no objection from the council, resolve the council into a committee of the whole. In a committee of the whole, any person present may be heard provided the testimony of the person deals with the subject matter under consideration. The presiding officer shall enforce decorum and may establish time limits and other rules for speakers. The presiding officer may, upon concurrence of the committee or if there is no objection from the committee, dissolve the committee of the whole whereupon the members are reconvened as the city council if the committee of the whole meeting was convened from a council meeting.
B. The council may meet in a work session. The presiding officer may permit interested persons to speak before the council at work sessions.
C. The rules of procedure may be relaxed by the presiding officer in committee of the whole and at work sessions. No council action may be taken at committee of the whole or work sessions, but the group may request information be provided, matters be scheduled, documents drafted for council consideration, and may formulate recommendations to the council and take similar actions. Minutes of committee of the whole and work sessions are not kept unless requested by the presiding officer. [Ord. 97-29 § 2.]
2.04.140 Organization of council.
A. Newly elected and reelected councilmembers shall be sworn in at the first (1st) regular council meeting following certification of the election. The council shall then meet on the first (1st) Monday after certification of the regular election and elect from among its members a mayor and a vice mayor who shall take office immediately. For purposes of this subsection A, certification of a regular election in which there is a runoff election occurs when the runoff election results are certified.
B. The term of the mayor expires upon the earlier of the election of a new mayor or the swearing in of the newly elected councilmember who replaces the councilmember who is the mayor. The mayor may serve only while a member of the council regardless of the term established for the office of mayor.
C. The term of the vice mayor expires in the same manner as provided for the mayor.
D. The term of a councilmember shall be two (2) years.
E. If there is a vacancy in the mayor and vice mayor’s position during the interim period from certification of the newly elected councilmembers until the election of a new mayor and vice mayor, the council shall follow BMC 2.04.070 and elect a mayor pro tempore to preside until a mayor is elected.
F. The mayor shall appoint councilmembers to such special or adhoc council committees as the mayor may establish and shall appoint councilmembers to such standing council committees as the council establishes pursuant to BMC 2.52.020. Appointees to council committees serve at the pleasure of the council. The term of council committee members expires annually upon the election of the mayor. [Ord. 07-07 § 2; Ord. 06-26 § 2; Ord. 06-01 § 2; Ord. 97-29 § 2.]
2.04.150 Resolutions.
A. Expressions of council policy which are placed into writing but do not require the force of an ordinance may be accomplished by resolution. A resolution may be introduced by a councilmember, a committee of the council or the manager. Resolutions shall be in writing, shall be assigned a serial number by the clerk, and may be adopted at the meeting at which introduced. Each resolution shall contain:
1. A title that summarizes the resolution;
2. A serial number assigned by the clerk;
3. “Whereas” clauses as appropriate;
4. A resolved clause reading: “NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BETHEL”;
5. One or more clauses or sections setting out the position, policy or decision of the council; and
6. The date of adoption, to be supplied by the clerk after adoption.
B. Resolutions shall become effective immediately upon adoption unless a different effective date or time is set out in the resolution. The mayor or councilmember who presided over the meeting when the resolution was adopted shall sign the resolution and the clerk shall sign and affix the seal of the city to each adopted resolution. [Ord. 97-29 § 2.]
2.04.160 Ordinance form and procedure.
A. All actions of the council set out in AS 29.25.010 shall be by ordinance.
B. Each ordinance must have a descriptive title, a serial number assigned by the clerk, and an enacting clause reading: “BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF BETHEL, ALASKA.”
C. An ordinance may be introduced by a councilmember, or committee of the council, or by the city manager. The ordinance, as approved or amended by the council for introduction, shall be set for a public hearing by the council and acted upon as follows.
1. A summary of the ordinance shall be published, together with notice of the time and place for the public hearing at least five (5) days prior to the hearing. If publication is by posting, publication does not occur until the notice has been posted for five (5) days in at least three (3) public places.
2. At the public hearing, copies of the proposed ordinance shall be available to all persons present or the ordinance shall be read in full.
3. After hearing all interested parties wishing to be heard, the council shall consider the proposed ordinance and may adopt it with or without amendment. A new hearing is not required when an ordinance is amended unless the amendment has the effect of changing the basic character of the ordinance as described in the summary in the notice of the hearing.
D. An ordinance shall take effect immediately upon adoption unless a different effective date or time is set out in the ordinance.
E. The mayor or the councilmember who presided over the meeting when the ordinance was adopted shall sign the ordinance and the clerk shall insert the date of adoption, sign the ordinance and affix the seal of the city to each adopted ordinance. [Ord. 97-29 § 2.]
2.04.170 Smoking.
Smoking and use of tobacco in any form may constitute a nuisance and a health hazard and is prohibited in the council chambers during public meetings. [Ord. 97-29 § 2.]
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