Chapter 2.04
MAYOR – COUNCIL1

Sections:

2.04.010    Time of regular meetings of the council.

2.04.015    Time interval between the first and second readings of proposed ordinances.

2.04.020    Place of meetings of the council.

2.04.022    Special meetings.

2.04.023    Teleconferencing.

2.04.024    Reasonable public notice.

2.04.025    Private meetings.

2.04.026    Agenda.

2.04.028    Minutes.

2.04.029    Process to fill vacancies.

2.04.030    Compensation of mayor.

2.04.040    Compensation of councilmembers.

2.04.045    Residency requirement for elective city officials.

2.04.050    Agreements for cooperative or joint administration of powers or functions.

2.04.010 Time of regular meetings of the council.

The council of the city shall hold a regular meeting at 7:00 p.m. on the first and third Thursday of every month; provided, that if such a Thursday falls on a holiday, or if the mayor or council determines that a quorum will not be present for the conduct of business on that regular meeting date, the regular meeting shall be held at a time and on a date within one week of the required regular meeting date, as set by the mayor or council; provided further, that at least two regular meetings shall be held each month. (Ord. 1607 § 1, 2008; Ord. 1146 § 1, 1988; Ord. 1101 § 1, 1987; Ord. 758 § 1, 1972. Code 1962 § 1-1)

2.04.015 Time interval between the first and second readings of proposed ordinances.

Every ordinance, except an emergency ordinance, shall be given a second reading.

(a)    If the first reading was given at a regularly scheduled council meeting, the second reading shall not take place until the next regularly scheduled council meeting.

(b)    If the first reading was given at a special meeting of the council, the second reading shall not take place until 10 days have passed since the first reading. (Ord. 779 § 1, 1973)

2.04.020 Place of meetings of the council.

Every regular, special, or work session meeting of the council shall be held in the council chamber in the municipal building; provided, however, the mayor, or the councilmembers calling a special meeting or work session meeting, may designate another place in the city for the holding of such special meeting or work session meeting; and, provided further that any adjourned meeting may be held at any other place within the city designated by the council. (Ord. 1055 § 1, 1985; Ord. 758 § 1, 1972. Code 1962 § 1-2)

2.04.022 Special meetings.

Any four councilmembers or the mayor, after conferring with any two councilmembers, may call special meetings. (Ord. 1765 § 1, 2014; Ord. 758 § 1, 1972)

2.04.023 Teleconferencing.

(a)    A councilmember who will be physically absent from a meeting, public hearing or work session of the council may attend and vote at the meeting by telephone or other electronic means under the following circumstances:

(1)    The meeting is held with a quorum of members physically present;

(2)    Reasonable technical capabilities are available at the meeting locations to allow the member to attend by teleconference, to include being able to hear and engage in discussion, and being audible to all persons participating in the meeting;

(3)    Prior to the meeting reasonable efforts are made to ensure that the member attending by teleconference is provided with the meeting agenda and other pertinent documents to be discussed and/or acted upon; access to the agenda and documents from the city’s website will be considered sufficient access;

(4)    All votes taken at the meeting are by roll call; and

(5)    Such participation is approved by the council prior to the meeting, except in an emergency, in which case the council may approve telephonic participation at the commencement of the meeting.

(b)    Councilmembers may not use teleconferencing as a regular form of attending meetings of the council. Attendance by teleconference is considered attendance for purposes of Charter Section 2-8.

(c)    Telephonic attendance is permitted when a councilmember is physically absent due to the following:

(1)    The illness or injury of the councilmember or a family member;

(2)    The death of a family member;

(3)    An employment-related commitment;

(4)    A commitment for city business; or

(5)    Other good cause approved by the council.

(d)    Councilmembers shall provide the clerk’s office with at least 24 hours’ notice of their intent to attend a meeting via teleconference and provide sufficient contact information for purposes of setting up the teleconference.

(e)    Councilmembers are responsible for any telephone long distance charges incurred due to their attending a meeting via teleconference unless they are absent from the city on city business. Attendance at a council meeting via teleconference shall not be considered as city business.

(f)    Councilmembers attending by teleconference shall identify any persons in the room with them during the time of the teleconference.

(g)    Councilmembers or the mayor who attend via teleconference shall be reimbursed as set forth in KMC 2.04.030 and 2.04.040 as if they were physically present at the meeting.

(h)    The mayor may attend council meetings as set forth in subsections (a) through (e) of this section, may participate in debate, and may vote to break ties, but shall not act as presiding officer of the meeting.

(i)    The council may revoke the privilege of attendance of a councilmember or the mayor by telephone or electronic means should such participating councilmember or the mayor violate any or all of subsections (a) through (f) of this section.

(j)    For purposes of this section the term “meeting” includes meetings, public hearings and work sessions. (Ord. 1861 § 1, 2017; Ord. 1628 § 1, 2009; Ord. 1613 § 1, 2009)

2.04.024 Reasonable public notice.

Reasonable public notice of any meeting of the council, including but not limited to work sessions, regular and special meetings, shall be made as follows: a brief announcement in a newspaper of general circulation and on all radio and television stations in Ketchikan area; said announcement shall give the time and place of the meeting, whether the meeting is a regular meeting, special meeting, or work session. Proposed subjects of discussion shall be listed as to all work sessions, special meetings, and regular meetings; however, failure to list a subject which is discussed shall not invalidate any council action upon such nonlisted subject discussed at a regular meeting. Official action may only be taken at a duly noticed regular or special meeting of the council.

It is the intent of the council to give the best notice possible to the public of all its transactions, but the inadvertent failure by the clerk to accomplish any one of the above notice requirements shall not invalidate any action of the council. All public notice whenever practical shall be given at least 24 hours prior to the meeting. (Ord. 758 § 1, 1972)

2.04.025 Private meetings.

(a)    AS 44.62.310 (the Alaska Open Meetings Act), and subsequent amendments thereto are hereby adopted by reference and made applicable to meetings of the council and other city governmental bodies. In addition to any other exceptions provided in the Alaska Open Meetings Act, the following subjects may be considered in executive session:

(1)    Matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the city, including but not limited to:

(A)    Negotiations with labor organizations representing city employees; and

(B)    Discussions of pending or threatened lawsuits in which the city has an interest;

(2)    Subjects that tend to prejudice the reputation and character of any person provided the person may request a public discussion;

(3)    Matters which by Charter, ordinance or other law are required to be confidential;

(4)    Matters involving consideration of government records that by Charter, ordinance or other law are not subject to public disclosure.

(b)    Action taken contrary to this section is voidable. A lawsuit to void an action taken in violation of this section must be filed in superior court within 180 days after the date of this action. AS 44.62.310(f) and (g) shall apply to any such lawsuit.

(c)    Record of Private Meetings.

(1)    Sound Tape Recording. A record of all private meetings shall be kept in the form of a sound tape recording (hereinafter “private meeting tape recording”).

(2)    Private Meeting Tape Recordings – Security. Private meetings shall be recorded by tape recording equipment operated by the presiding officer, or designee. All such tape recordings shall be sealed by the person operating the equipment and promptly delivered to the city clerk who shall take possession of the private meeting tape recording and store the same in a secure location. The city clerk shall keep a log of private meeting tape recordings indicating the date of the private meeting; the subject or subjects discussed; the person who recorded the private session; and the date on which a particular tape is disposed of in accordance with subsection (c)(4) of this section.

(3)    Disclosure of Private Meeting Tape Recordings. The contents of a private meeting tape recording shall not be open to, or available for, public inspection, and shall not be disclosed in any manner except to attorneys for the city for the purpose of providing legal advice regarding compliance with the provisions of this section and AS 44.62.310 et seq. (State of Alaska Open Meetings Act), or pursuant to an order of a court of competent jurisdiction in a proceeding filed to determine such compliance. The mayor and members of the city council shall be promptly advised in the event any tape recording is to be made available for review as herein provided.

(4)    Disposal of Private Meeting Tape Recordings. Private meeting tape recordings shall be retained for a minimum of 10 years unless otherwise provided by the city. At the end of the prescribed retention period the city clerk shall dispose of the private meeting tape recording by eradicating the sound from the magnetic tape with a magnetic bulk tape eraser. (Ord. 1385 § 1, 1998; Ord. 1190 § 1, 1990; Ord. 791 § 1, 1973)

2.04.026 Agenda.

(a)    Regular and Special Council Meetings. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the council shall, at least 72 hours prior to each council meeting, be delivered to the city clerk, whereupon the city manager shall arrange a list of such matters according to the order of business and the city clerk shall furnish each member of the council, the mayor, the city manager, and the city attorney with a copy of the same in packet form 48 hours in advance of the council meeting, excluding Saturdays, Sundays and holidays.

(b)    Work Sessions. Any matter to be considered by the council in work sessions shall be listed in agenda form by the clerk and be given to the council at least three days prior to said work session. Any written material for said work session shall be furnished by the clerk to the mayor, councilman, city manager, and the city attorney three days in advance of the scheduled date for said work session. Reasonable public notice for work sessions of the council shall be required as in KMC 2.04.024.

(c)    No matter other than those listed on the agenda may be considered at any meeting unless five councilmen vote in favor of consideration. (Ord. 758 § 1, 1972)

2.04.028 Minutes.

(a)    Minutes of all regular and special meetings shall be taken, and the entire proceedings shall be tape recorded. Summary notes shall be provided for each work session. All minutes of regular and special meetings, and summary notes of work sessions, shall be kept in the journal of the proceedings of the council. All minutes of the council shall be distributed by the city clerk to the public desiring same after payment of a reasonable charge. One copy of the minutes shall be given free of charge to any person appearing in person and requesting same with extra copies in person or by mail available at $0.25 per copy, and subscriptions available by mail at the rate of $10.00 per year.

(b)    Unless a reading of the minutes of a council meeting, regular or special, is requested by a member of the council, such minutes may be approved without reading if the clerk has previously furnished each member with a synopsis thereof.

(c)    A councilman may request through the mayor the privilege of having a verbatim record of his statement on any subject under consideration by the council, either at a work session, regular or special meeting, entered in the minutes. Unless five councilmen object to any such request, such statement shall be entered in the minutes.

(d)    The clerk may be directed by the mayor, with the consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council. (Ord. 758 § 1, 1972)

2.04.029 Process to fill vacancies.

Except as otherwise provided in Article II of the Charter, the council shall fill vacancies in its own membership or in the office of mayor in the manner set forth hereinafter.

(a)    Publication and Notice. The council shall not fill a vacancy in its membership nor in the office of mayor sooner than seven days from the date that notice of the vacant office and an invitation to apply for it have been published in a newspaper of general circulation within the city. Notice of the vacant office and an invitation to apply for it shall also be mailed to the following persons at their addresses as shown in the records of the city clerk:

(1)    Those candidates who unsuccessfully ran for a seat on the council in the last general election if the vacancy is on the council;

(2)    Those candidates who unsuccessfully ran for the office of mayor in the last mayoral election if the vacancy is in the office of mayor.

Notice and an invitation to apply need not be given to any former candidate who is not eligible to serve on the council at the time of publication. The notice and invitation shall identify the vacant office, shall state that all applications to fill the vacancy must be received in the city clerk’s office not later than seven days from the date of publication, and shall describe the application and selection procedures set forth below.

(b)    Application and Selection. Any eligible citizen may apply to fill a vacancy in the council or in the office of mayor by submitting a written application to the city clerk within seven days from the date that the notice and invitation to apply is published. The application shall contain the applicant’s name, address, qualifications and reasons for applying. From among those persons filing timely and complete applications, the council shall determine which applicants to interview. The interviews and the vote to fill the vacancy shall be open to the public. The council may either fill the vacancy with the applicant who, from among those interviewed by the council, is, in the council’s sole determination, the most qualified or the council may direct republication of the vacancy, and repeat the entire process set forth in this section, giving consideration to only those applicants who submit or resubmit applications within seven days following the republication. (Ord. 1231 § 1, 1992)

2.04.030 Compensation of mayor.

The mayor shall receive compensation at the rate of $330.00 for each regular meeting attended and $187.50 for each special meeting of the council attended. The mayor shall receive a monthly expense allowance of $195.00. The mayor shall receive the compensation provided for herein for any regular or special meeting not attended when the mayor’s absence from such meeting is required for city business; and provided further, the mayor shall receive compensation for not more than one regular meeting missed during each calendar year even though the mayor’s absence from such meeting was not required for city business. (Ord. 1574 § 1, 2007; Ord. 1548 § 1, 2006; Ord. 1152 § 2, 1988; Ord. 1102 § 1, 1987; Ord. 1032 § 1, 1984; Ord. 1030 § 1, 1984; Ord. 819 § 1, 1975; Ord. 802 § 1, 1974. Code 1962 § 1-3)

2.04.040 Compensation of councilmembers.

Each member of the council shall receive compensation at the rate of $300.00 for each regular meeting attended and $150.00 for each special meeting of the council attended. Each councilmember shall receive a monthly expense allowance of $105.00. A councilmember shall receive the compensation provided for herein for any regular or special meeting not attended when such councilmember’s absence from such meeting is required for city business; and provided, further, a councilmember shall be entitled to receive compensation for not more than one regular meeting missed during each calendar year even though such councilmember’s absence from such meeting was not required for city business. (Ord. 1574 § 2, 2007; Ord. 1548 § 2, 2006; Ord. 1152 § 2, 1988; Ord. 1102 § 2, 1987; Ord. 1032 § 2, 1984; Ord. 1030 § 2, 1984; Ord. 819 § 2, 1975; Ord. 802 § 2, 1974. Code 1962 § 1-4)

2.04.045 Residency requirement for elective city officials.

Only qualified voters of the city who, at the time of their election or appointment, have resided within the city for at least one year immediately prior to election or appointment shall be qualified for city council or mayor. In the event of annexation, persons who have resided anywhere within the new city limits for at least one year immediately prior to election or appointment shall also be qualified for city council or mayor. (Ord. 1461 § 2, 2002)

2.04.050 Agreements for cooperative or joint administration of powers or functions.

(a)    As provided for in Article X, Section 13 of the Alaska Constitution, and Section 12-1 of the Charter of the city, the city may enter into agreements for the cooperative or joint administration of any power or function with any other local government, with the state, or with the United States.

(b)    Agreements for such cooperative or joint administration of powers or functions shall be approved by motion or resolution adopted by a majority vote of the council. (Ord. 1100 § 1, 1987)


1

For Charter provisions relating to the mayor and council generally, see Charter, Art. II.