Chapter 2.30
RULES OF THE ASSEMBLY

Sections:

2.30.010    Authority.

2.30.020    General rules.

2.30.030    Types of meetings.

2.30.040    Organization and deputy presiding officer.

2.30.050    Committees and duties.

2.30.060    Order of business and agenda.

2.30.070    Ordinances, resolutions, and motions.

2.30.075    Emergency ordinances.

2.30.080    Debate.

2.30.090    Citizens’ rights.

2.30.100    Miscellaneous.

*    For statutory provisions regarding the assembly determining its own rules of procedure and order of business, see AS 29.20.160.

2.30.010 Authority.

AS 29.20.160(f) provides that the assembly determines its own rules and order of business. The following rules shall be in effect upon their adoption by the assembly and until such time as they are amended or new rules adopted, in the manner provided herein. [Ord. 86-13-O(A) §3, 1986. Formerly §2.17.010].

2.30.020 General rules.

A. Public Meetings. All official meetings of the assembly shall be open to the public. The journal of proceedings shall be open to public inspection.

B. Quorum. Four members of the assembly shall constitute a quorum. Attendance of assembly members shall be in person and may not be by teleconference, except for work sessions and emergency meetings. In the event of an emergency meeting, the provisions set in AS 44.62.310 shall be followed.

C. Absences. No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence and whether the absence is excused by the assembly.

D. Rules of Order. “Robert’s Rules of Order Current Edition” shall govern the proceedings of the assembly in all cases, unless they are in conflict with these rules. When such a conflict exists, this chapter prevails. [Ord. FY2007-14 §2, 2007; Ord. 2001-11 §2, 2001; Ord. 98-02 §4, 1998; Ord. 93-69 §2, 1993; Ord. 86-13-O(A) §3, 1986. Formerly §2.17.020].

2.30.030 Types of meetings.

A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting.

B. Special Meetings. Special meetings may be called by the mayor, deputy presiding officer, or by three members of the assembly and, except in an emergency, upon no less than 24 hours’ effective notice to each member. Effective notice shall be written or oral. The notice shall indicate time, location and the purpose of the special meeting and by whom called. The calendar for a special meeting shall be as follows:

1. Roll call.

2. Citizens’ comments.

3. Consideration of matters in the call for the special meeting.

4. Adjournment.

Matters not included in the call for the special meeting may not be considered. Special meetings shall commence and adjourn as provided in subsection A of this section unless specifically amended.

C. Adjourned or Recessed Meetings. If the assembly has not concluded the agenda, the time and place of the resumption of the meeting shall be announced or the items shall be carried over to the following regular meeting or taken up at a special meeting called for that purpose.

D. Work Sessions. The assembly may meet informally in work sessions, at the call of the mayor, deputy presiding officer, or by three members of the assembly, to review forthcoming programs of the borough, receive progress reports on current programs or projects or receive other similar information from the manager; provided, that all discussions and conclusions thereon shall be informal. Work sessions are public and no formal action shall be taken by the assembly.

E. Executive Sessions. The assembly may meet in executive session, at the call of the mayor, deputy presiding officer, or any four members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well-being of the borough government.

1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss:

a. Potential or pending litigation to which the borough may become or is a party;

b. Any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough;

c. Any matter which would tend to defame or prejudice the character or reputation of any person, except that the person may request a public discussion;

d. Matters involving negotiations with labor organizations representing borough employees;

e. Matters which by law or ordinance are required to be confidential;

f. Confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the borough;

g. Matters pertaining to personnel; and

h. Land acquisition or disposal.

F. This section does not apply to quasi-judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. [Ord. FY2005-07 §5, 2004; Ord. 04-09 §2, 2004; Ord. 98-02 §4, 1998; Ord. 87-11-O §3, 1987; Ord. 86-13-O(A) §3, 1986. Formerly §2.17.030].

2.30.040 Organization and deputy presiding officer.

A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly’s pleasure.

B. Election of the deputy presiding officer of the assembly shall be in the following manner:

1. As the first order of new business, nominations for deputy presiding officer shall be opened.

2. Nominations may be made by any member of the assembly.

3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results.

4. A majority vote of the assembly shall be required for election.

5. If no majority is cast for any candidate, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected.

C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. [Ord. FY2005-07 §5, 2004; Ord. 98-02 §4, 1998; Ord. 86-13-O(A) §3, 1986. Formerly §2.17.040].

2.30.050 Committees and duties.

A. The mayor or the assembly may create standing and special committees and the mayor shall appoint committee members and designate the chair.

B. All committees shall act upon all matters referred to them and report back to the assembly as soon as practicable. The chair of each committee is charged with the observation of this rule.

C. The mayor and members of the assembly are ex officio members of all boards, commissions and committees. [Ord. 98-02 §4, 1998; Ord. 86-13-O(A) §3, 1986. Formerly §2.17.050].

2.30.060 Order of business and agenda.

A. Order of Business. The order of business for each regular meeting of the assembly shall be as follows:

1. Invocation.

2. Pledge of Allegiance.

3. Roll call.

4. Approval of agenda and consent agenda. (Approval of consent agenda passes all items indicated. Consent agenda items are not considered separately unless an assembly member so requests. In the event of such request, the item is returned to the general agenda.)

5. Approval of minutes.

6. Awards and presentations.

7. Citizens’ comments.

a. Agenda items not scheduled for public hearing and general comments.

8. Committee reports.

9. Public hearing.

10. Borough manager’s report.

11. Messages from the borough mayor.

12. Consideration of calendar – Unfinished business.

13. Consideration of calendar – New business.

a. Contracts.

b. Resolutions.

c. Ordinances for introduction.

d. Other items.

14. Citizens’ comments.

15. Assembly members’ comments.

16. Adjournment.

B. Agenda. The mayor shall determine items for the agenda of the assembly, subject to assembly approval. A member of the assembly, delegate to the assembly, the manager, or the mayor may submit items to the clerk to be placed on the agenda. Subject to provisions of subsection C of this section, no business may be transacted nor any measure considered that is not on the agenda. The clerk shall prepare an agenda for each regular meeting after consulting with the mayor and manager. The agenda shall be distributed to assembly members, along with the meeting packet, one week prior to the regular meeting. Agendas will be available for the public not less than 24 hours prior to the meeting.

C. Agenda Additions. A subject not on the agenda may be considered only by unanimous consent, and when the time for its consideration arrives, the chair shall lay it before the assembly.

D. Reading of Minutes. Unless a reading of the minutes of an assembly meeting is requested by the assembly, minutes may be approved without reading if the clerk previously furnished each member with a copy thereof. [Ord. 98-02 §4, 1998; Ord. 90-48 §2, 1991; Ord. 86-13-O(A) §3, 1986. Formerly §2.17.060].

2.30.070 Ordinances, resolutions, and motions.

A. An ordinance is introduced in writing in the form required by the assembly.

B. The following procedure governs the enactment of all ordinances, except emergency ordinances which are specified in KIBC 2.30.075.

1. An ordinance is introduced by a member or committee of the assembly, or by the mayor or manager;

2. An ordinance shall be set by the assembly for a public hearing by the affirmative vote of a majority of the votes authorized on the question;

3. At least five days before the public hearing, a summary of the ordinance shall be published together with a notice of the date, time and place for the hearing. At least six days shall lapse between introduction and final passage;

4. Copies of the ordinance or resolution shall be available to all persons present at the hearing, or the ordinance shall be read in full;

5. During the hearing, the assembly shall hear all interested persons wishing to be heard;

6. After the public hearing, the assembly shall consider the ordinance and may adopt it with or without amendment;

7. The assembly shall print and make available copies of an ordinance that is adopted.

C. An ordinance takes effect upon adoption or at a later date specified in the ordinance.

D. This section does not apply to an ordinance proposed under AS 04.11.507(d) relating to procedure for local option elections.

E. Recording of Votes. The “ayes” and “noes” shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the assembly.

F. Voting.

1. All assembly members present shall vote unless the assembly for special reason permits a member to abstain, except no assembly member may vote on a question in which he has a substantial financial interest. All motions to excuse a member shall be made before the call of “ayes” and “noes” is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons for making such a request, and the vote shall be taken without further debate.

2. If a member refuses to vote, the clerk shall record a vote for the prevailing side. The “prevailing side” is the side that carried the question and is described as follows:

a. If the question passed, having received the affirmative votes of the quorum, that is the prevailing side; or

b. If the question failed, having not received the affirmative votes of the quorum, that is the prevailing side.

3. No member shall be allowed to explain his vote or discuss the question while the “ayes” and “noes” are being called but may change his vote between the time of calling for the vote by the clerk and the announcement of the result by the chair or the clerk. The chair or the clerk shall ask if anyone wishes to change their vote.

4. The vote upon any question shall be “ayes” and “noes” and shall be recorded in the journal of the assembly. In the case where only six members of the assembly are present and there is a three/three tie vote of the assembly, the mayor may vote. No resolution, ordinance or motion before the assembly shall be valid unless affirmed or denied by a majority of the votes to which the assembly is entitled on the question.

5. Approval of each ordinance shall require the affirmative vote of a majority of the elected members of the assembly, except as otherwise specified by borough ordinance or the statutes of the state of Alaska.

G. Numbering Ordinances and Resolutions. A number shall be assigned to each ordinance or resolution by the clerk prior to introduction.

H. Ordinance Passage Procedures. When passed by the assembly, an ordinance or resolution shall be signed by the mayor and be attested by the clerk; and it shall be immediately filed and thereafter preserved in the office of the clerk.

I. Request for Ordinances or Legal Opinions. Any member of the assembly may request the manager or clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting, provided the ordinance can be drafted and distributed to members of the assembly in accordance with time schedules set forth in subsection B of this section. During a work session or a meeting, any two or more members of the assembly may request written legal opinions, relating to borough business, from the attorney through the manager’s or the clerk’s office. Upon receipt of assembly-requested proposed ordinance or written legal opinion, the clerk shall forthwith cause to have distributed the subject ordinance or written legal opinion to all assembly members so that all members may be fully informed of the status of borough affairs.

J. Motions. When a motion is made and seconded, it shall be stated by the chair or, being in writing, it shall be presented to the chair and read aloud before debate. The mover shall state his motion in concise language and shall not discuss it nor his reason for making it until the motion is seconded.

K. Privileged Motions. When a question is under debate, no motion shall be made except for the following privileged motions which shall have precedence:

1. To adjourn;*

2. To recess;*

3. To raise a question of privilege;*

4. To call for the order of the day, or the regular order;*

5. To lay on the table;*

6. For the previous question;*

7. To limit or extend limits of debate;*

8. To postpone to a certain time;

9. To refer;

10. To amend;

11. To postpone indefinitely.

Note: * Not debatable.

When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made and, in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended; the previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in order; provided, that business of a nature to be recorded in the journal has been defeated. No motion or proposition of a subject different to that under consideration shall be admitted under cover of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, or at any time subsequent thereto, be in order upon the call of any member and take precedence over all other business.

L. Previous Question. The previous question may be ordered by a majority vote of the members present upon all recognized motions which are debatable and shall have the effect to cut off all debate and bring the assembly to a direct vote upon the motion before the assembly. The question shall be put in this form: “The previous question has been moved and seconded; all those in favor of calling the previous question say “aye”; all those opposed say “no.”” The results of the motion are as follows: If determined in the negative, the consideration goes on as if the motion had never been made; if it is decided in the affirmative, the chair at once and without debate proceeds to put the main motion as ordered. If an adjournment is after the previous question is ordered, the subject comes up in its regular order at the next meeting and the previous question still operates.

M. Division of Question. The chair may divide the question or an assembly member may request a division of a question.

N. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance.

O. The same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so.

P. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if:

1. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of “yes” votes, then those assembly members voting “no” shall constitute the prevailing side regardless of the relative number of “yes” and “no” votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and

2. The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or

3. Two assembly members file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the “next regular assembly meeting” as that term is used in this section.

Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order.

Q. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action of the assembly except:

1. When the question could be reached by a motion to reconsider;

2. When something has been done, as a result of the vote on the main motion, that is impossible to undo or persons have otherwise reasonably relied on the vote to their detriment (the unexecuted part of an action, however, can be rescinded);

3. When the matter is in the nature of a contract, and the other party has been informed of the vote; or

4. When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action.

A motion to rescind may be made at any subsequent assembly meeting and there is no time limit on when the motion can be made. A motion to rescind shall not be renewed during the same meeting at which it was made, but it may be reconsidered in the same manner as any other main motion.

A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the same vote as that required to pass the previously adopted action. There shall be no more than one motion to rescind on a question. If the motion to rescind passes, the question on the main motion is automatically before the assembly for further action, including amendment. [Ord. FY2008-14 §2, 2008; Ord. FY2008-13 §2, 2008; Ord. 03-06 §2, 2003; Ord. 02-16 §4, 2002; Ord. 98-02 §4, 1998; Ord. 90-48 §3, 1991; Ord. 90-12 §2, 1990; Ord. 87-11-O §3, 1987; Ord. 86-13-O(A) §3, 1986; Ord. 79-11-O, 1979. Formerly §2.17.070].

2.30.075 Emergency ordinances.

A. To meet a public emergency, the assembly may adopt an emergency ordinance effective on adoption. Each emergency ordinance shall contain a finding by the assembly that an emergency exists and a statement of the facts upon which the finding is based. An emergency ordinance may be adopted, amended and adopted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three-fourths of the total membership, whichever is less, is required for adoption of an emergency ordinance. The assembly shall print and make available copies of adopted emergency ordinances.

B. An emergency ordinance may not be used to levy taxes, to grant, renew, or extend a franchise, or to regulate the rate charged by a public utility for its services.

C. An emergency ordinance is effective for 60 days. [Ord. 03-06 §2, 2003. Formerly §2.17.075].

2.30.080 Debate.

A. Decorum in Debate. When any assembly member is about to speak in debate or deliver any matter to the assembly, he shall address himself to the chair and, being recognized, confine himself to the question under debate. No assembly member shall impugn the motive of any assembly member’s vote or argument and shall avoid personalities. An assembly member who is speaking may not be interrupted to make a motion, even one with high priority like the motion to adjourn.

B. Order of Speaking.

1. The manager, a delegate to the assembly, or any assembly member, when desiring to speak at an assembly meeting, shall respectfully address the chair and shall refrain from speaking until recognized.

2. When two or more persons request recognition at the same time, the chair shall determine which one shall speak first.

C. Point of Order. If any assembly member, in speaking or otherwise, transgresses the rules of the assembly, the chair shall call him to order, or any other assembly member may rise to a point of order. The assembly member called to order shall immediately cease speaking and cease the action to which he was called to order. The chair or assembly member rising to point of order shall state the offense committed and the assembly member called to order shall then be heard in explanation or justification. The chair shall then rule on the point of order. Any assembly member may challenge a ruling of the chair and, if duly seconded, the chair’s ruling shall not stand unless affirmed by a majority vote of the assembly.

D. Private Conversations. When an assembly member is speaking, the assembly shall be in order and no private conversations shall be carried on.

E. Recognition to Speak. No assembly member shall be recognized to speak on the same question a second time until every assembly member choosing to speak has spoken except the mover of the question, who may open and close the debate. The chair may take part in the discussion of any matter before the assembly.

The chair may recognize a citizen to address the assembly upon request of an assembly member, unless objected to by two or more assembly members. Remarks by a citizen so recognized may relate only to a question before the body. [Ord. 98-02 §4, 1998; Ord. 86-13-O(A) §3, 1986; Ord. 79-11-O, 1979. Formerly §2.17.080].

2.30.090 Citizens’ rights.

A. Addressing the Assembly. Any person desiring to address the assembly shall first secure the permission of the chair. However, under the following headings of business, unless the chair rules otherwise, any qualified person may address the assembly without securing such prior permission: citizens’ comments, public hearing.

B. Written Communications. Interested parties or their authorized representatives may address the assembly by written communication in regard to matters then under discussion. Written items bearing a request that they be read into the record shall be read aloud by the clerk or designated assembly person.

C. Addressing the Assembly After Motion Made. After a motion is made by the assembly, no person shall address the assembly without first securing the permission of the assembly to do so.

D. Manner of Addressing the Assembly – Time Limit. Each person addressing the assembly shall step up to the microphone, give his name in an audible tone of voice for the record and, unless further time is granted by the assembly, shall limit his address to three minutes. All remarks shall be addressed to the assembly as a body and not to any member thereof. No person, other than the assembly and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the assembly, without the permission of the chair. No questions shall be asked of the assembly except through the chair. [Ord. 03-08 §2, 2003; Ord. 98-02 §4, 1998; Ord. 86-13-O(A) §3, 1986; Ord. 79-11-O, 1979. Formerly §2.17.090].

2.30.100 Miscellaneous.

A. Suspension of Rules. The standing rules or the order of business established by the assembly may be suspended by a two-thirds vote to which the assembly is entitled.

B. Assembly Chambers. The assembly chambers shall be under the supervision and control of the clerk when the assembly is not in session. It shall be used solely for the transaction of public business of the borough or, as authorized, within the intent of assembly policy on the use of the assembly chambers.

C. Recess. The chair may call a recess not to exceed 20 minutes at any time during a meeting to determine a rule of order or at the request of a majority of the assembly. The chair may call a recess at any time between items of business.

D. Seating Arrangement. Assembly members shall occupy the respective seats in the assembly chambers assigned them by the mayor.

E. Compensation and Expenses.

1. Assembly members shall receive $300.00 per month. Assembly members may be included in the borough health and life insurance plan.

2. Expenses of assembly members, other than transportation and per diem for approved travel, incurred because of borough activities may be reimbursed by the borough only after approval by the assembly.

F. Travel.

1. Assembly members while traveling overnight on official business will be advanced or reimbursed per diem at the rate and under such conditions as are prescribed for other appointed officers and employees of the borough.

2. Travel shall be at the most economical fare possible.

3. Travel requests to the clerk shall be submitted timely to avoid unnecessary staff overtime.

4. Once travel arrangements are accepted and confirmed by the assembly member, and tickets are purchased, any changes and additional fees shall be the assembly member’s responsibility except:

a. When travel arrangements are changed for borough business; or

b. When travel arrangements are changed for a family-related emergency.

i. Interim financial assistance may be provided by the borough; however, reimbursement of the assistance shall be subject to assembly approval.

c. If travel arrangements are changed for personal reasons, other than a family-related emergency, additional fees shall not be reimbursed.

5. An assembly member traveling on borough business who is stranded from Kodiak due to inclement weather or other adverse conditions will be reimbursed the appropriate per diem and any reasonable necessary expenses incurred.

a. If an assembly member shortens or extends their originally scheduled travel time in any way for borough business and becomes stranded, reimbursement of the appropriate per diem and any reasonable necessary expenses incurred shall be subject to assembly approval.

b. If an assembly member shortens or extends their originally scheduled travel time in any way for personal reasons and becomes stranded, expenses will not be reimbursed.

6. For travel other than annual routinely scheduled conferences or meetings, assembly members shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of the trip. If there is no regular assembly meeting or work session before the planned trip, the assembly member shall request the clerk to poll the entire assembly for approval by a majority of the assembly.

a. Following completion of travel, the assembly member shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip. [Ord. FY2008-04 §2, 2007; Ord. FY2007-09 §4, 2006; Ord. 03-05 §3, 2003; Ord. 98-02 §4, 1998; Ord. 88-14-O §2, 1988; Ord. 86-13-O(A) §3, 1986; Ord. 79-11-O, 1979. Formerly §2.17.100].