Chapter 2.08
ASSEMBLY ORGANIZATION

Sections:

2.08.010    Assembly members – Election number and terms.

2.08.020    Qualifications of assembly members.

2.08.030    Election of assembly members – Terms.

2.08.040    Compensation of assembly members.

2.08.050    Assembly powers.

2.08.060    Meetings of the assembly.

2.08.010 Assembly members – Election number and terms.

There shall be an assembly of six members, all of which shall be elected at large for three-year terms. (Ord. 13-05-327 § 4)

2.08.020 Qualifications of assembly members.

Only an individual qualified to vote in any borough election and qualified as a resident of the borough, as determined below, shall be eligible for the office of borough assembly member. If the assembly member ceases to be a borough resident or to be a qualified voter in the borough, the member shall immediately forfeit office. For the purposes of this section, an individual qualifies as a resident of the borough if the individual continues to maintain the individual’s principal place of residence within the corporate boundaries of the borough or of territory annexed to the borough, as more defined in HBC 2.68.130(A)(2), and has done so for at least one year immediately preceding the date for filing nominating petitions for election to the assembly or the date of appointment to the assembly. (Ord. 10-12-250 § 4)

2.08.030 Election of assembly members – Terms.

An election is held annually, on the first Tuesday of October, to choose assembly members for three-year terms and until their successors have been elected and have qualified. The regular term of office begins immediately following certification of the election. The assembly may not limit the number of consecutive terms a person may serve on the assembly unless a limit is set by ordinance ratified by the voters. The assembly may provide by ordinance terms not to exceed four years. (Ord. 14-04-375 § 4)

2.08.040 Compensation of assembly members.

Each member of the assembly shall receive compensation at the rate of $125.00 for each regular and special meeting of the assembly attended. Each member of the assembly shall also receive compensation at the rate of $50.00 for each budget committee of the whole meeting. Any assembly member who resides at a distance greater than 20 miles from the meeting site shall receive an additional $10.00 for every regular meeting, special meeting, and budget committee of the whole meeting attended to compensate for travel costs. No compensation shall be paid for other meetings attended. In the event of consecutive meetings occurring on the same day, assembly members shall receive attendance and travel compensation for only one meeting and, in the event the meetings involve different rates, it shall be paid at the higher amount. Assembly members shall also receive the life insurance, major medical, dental and optical, workers’ compensation and PERS benefits available under the current plans adopted by the borough for themselves only and if they have elected to do so. Assembly members may elect, at their own expense, to provide spousal and dependent children coverage as allowed under the respective plans. An elected official may not receive compensation for service in addition to the salary compensation received as an elected official. Per diem payments or reimbursement for expenses are not considered compensation under this section. Elected officials may also receive compensation as provided by ordinance if the elected official is a member of, and not a department head of, the Haines volunteer fire department and/or police reserves. (Ord. 10-10-246 § 4)

2.08.050 Assembly powers.

All legislative powers of the borough are vested in the assembly. Without limitation of the foregoing, the assembly shall have power:

A. By ordinance to enact legislation relating to any and all subjects and matters not prohibited by law;

B. To adopt the budget, raise revenues, authorize the borrowing of money, make appropriations, regulate salaries and wages and other fiscal affairs of the borough, which will include regulating rates charged by public utilities, when consistent with Alaska statutes;

C. To inquire into the conduct of any office, department or agency of the borough and investigate borough affairs;

D. To appoint, elect or remove its own borough officers or to prescribe the method for appointing or removing them;

E. Neither the assembly nor any of its members may direct or request the appointment of any person to, or removal of the person from, office or employment by the manager except as may be provided by ordinance. Except for the purpose of inquiry, the assembly and its individual members shall deal with administrative matters solely through the manager and neither the assembly nor its individual members may give orders on administrative matters to any subordinate of the manager either publicly or privately. Any assembly member, with the consent of the mayor, may request information the assembly member deems necessary to fulfill the member’s duties. The manager shall provide such information.

2.08.060 Meetings of the assembly.

A. Regular Meetings. Meetings of the assembly and all committees, boards and commissions thereof shall be public except as provided for in AS 44.62.310. All regular meetings of the assembly shall be held on the second and fourth Tuesday of every month at 6:30 p.m. in the assembly chambers unless public notice is given for a period of at least 24 hours in advance that the meeting will be held at a different hour or at a different place. The assembly may after proper posting reschedule or cancel a meeting. The clerk shall post, at least three days prior to the meeting, in three public places within the corporate boundaries, notice of the meeting including the time and place thereof. The public shall be provided a reasonable opportunity to be heard.

B. Special Meetings. Special meetings of the assembly are those which are called by the clerk on written request of the mayor or any three assembly members for a time different than that fixed for regular assembly meetings. The location for special meetings shall be the same as that authorized for regular meetings.

Advance notice of at least 24 hours preceding a special meeting shall be given by the clerk to each assembly member or to as many as can be reasonably done. The notice shall specify the time, place and subject matter of the meeting. The clerk shall post, at least 24 hours prior to the meeting, in three public places within the corporate boundaries, notice of the meeting including the time and place thereof. The public shall be provided a reasonable opportunity to be heard. No business shall be transacted at the meeting which is not mentioned in the notice.

A special meeting may be conducted with less than 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. A waiver of notice shall be made a part of the clerk’s journal for the meeting. Public notice of such meeting shall be made as soon as possible.

C. As much as possible about an issue should be discussed in public. It may be that on a given subject some parts of the discussion should be held in executive session while other parts of the discussion on the same subject should be held in public session. Executive sessions may be called as provided for under AS 44.62.310. The attendance of persons other than the mayor and assembly members at an executive session shall be at the invitation of the borough assembly. Such invitation shall be a matter of public record.

D. Commissions, boards and committees shall provide notices of their regular and special meetings as appropriate to the ordinances establishing their respective bodies. In the event no special ordinances governing such meetings have been adopted, the clerk shall post notice in the same manner as provided for in subsections (A) and (B) of this section. All such meetings shall be open to the public as and except as provided for in AS 44.62.310. (Ord. 04-10-088)