Chapter 2.04


2.04.010    Applicability.

2.04.020    Officers.

2.04.030    Employees.

2.04.040    Oaths of office.

2.04.050    Bonds of officials.

2.04.060    Failure to perform duties of office – Removal.

2.04.010 Applicability.

In the event of a conflict between a provision of this title and a provision of a valid collective bargaining agreement, the relevant provision of the collective bargaining agreement shall govern. For any matter on which a valid collective bargaining agreement is silent, this title shall govern. In the event that no valid collective bargaining agreement exists, all provisions of this title shall have full force and effect.

2.04.020 Officers.

The officers of the borough shall consist of:

A. Elected Officers. A mayor and six assembly members, who shall be elected by direct vote of the electors of the borough, and who are designated “elected officials”;

B. Appointed Officers. A manager, clerk, attorney, and chief fiscal officer, who shall be appointed by and serve at the pleasure of the assembly. Said officers are designated as “borough officers,” shall be appointed by the assembly, and shall be removed only by the assembly. Each borough officer shall hold office until terminated by the assembly or until the officer’s successor is appointed, whichever shall first occur. (Ord. 13-05-325 § 8; Ord. 04-07-072)

2.04.030 Employees.

The employees of the borough shall consist of:

A. The borough manager and head of each administrative department, who shall be designated by title in the ordinances creating the respective departments or, in the absence of any such ordinance, by the manager or assembly in making the appointment. All heads of departments who are not borough officers shall be appointed by the manager, subject to confirmation by the assembly. Officers serve at the pleasure of the assembly and work under the direct supervision of the manager.

B. All other employees of the borough except school district, museum and library employees, shall be hired by, and may be removed by, the manager. Such persons, except for department heads, may be removed by the manager without the approval of the assembly, but such removal shall be subject to the rights conferred under this title. The manager may, in writing, direct any borough officer or department head to hire, suspend and/or remove any or all employees who serve under such borough officer or department head.

2.04.040 Oaths of office.

Elected officials, borough officers and other employees as required for the performance of their duties, before taking office, shall affirm in writing that they will honestly, faithfully and impartially perform and discharge the duties of the office. The oaths shall be administered by and filed with the clerk or the clerk’s designee and shall be in the following form:

I solemnly affirm that I will support the Constitution of the United States, the Constitution of the State of Alaska, and the Charter of the Haines Borough, and that I will faithfully perform and discharge the duties of ________________ to the best of my ability.

(Ord. 17-10-481 § 7; Ord. 17-07-468 § 4)

2.04.050 Bonds of officials.

The assembly shall, from time to time by resolution, determine which officers of the borough, in addition to the chief fiscal officer and borough clerk, 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 in such amounts as the assembly shall determine and shall be in such form as is acceptable to the assembly. Premiums on bonds are paid by the borough. The provisions of Chapter 2.66 HBC shall also apply. (Ord. 17-10-481 § 7)

2.04.060 Failure to perform duties of office – Removal.

Every elective office shall be declared vacant by resolution of the assembly if the incumbent fails to perform the duties of the position. Every position appointed by the mayor to a committee board or commission shall be declared vacant by the mayor if the incumbent fails to perform the duties of the position. The following constitutes failure to perform the duties of the position:

A. Absence from more than one-half of the regularly scheduled meetings in the period of one year;

B. Absence from more than three consecutive meetings without being excused, which excuse shall not be unreasonably withheld;

C. Election or appointment to state or federal office; provided, however, that appointment to or service in military units of the state or federal government or appointment or election to committees, boards, or commissions for which no payment is received, other than reimbursement for expenses, shall not constitute election or appointment within the meaning of this subsection; and provided further, that the mayor and members of the assembly may serve in state elective or appointive offices during the same time they hold borough elective offices, but shall receive no pay or expenses from the borough whatsoever during sessions of the state body to which elected or appointed. (Ord. 17-10-481 § 7)