Chapter 2.05
BOROUGH MAYOR

Sections:

2.05.010    Office created.

2.05.020    Qualification and election of borough mayor.

2.05.030    Vacancy in the office of mayor.

2.05.040    Filling a vacancy.

2.05.050    Assembly participation.

2.05.060    Veto.

2.05.070    Duties.

2.05.080    Salary of the mayor.

2.05.090    Executive absence.

2.05.100    Benefits.

O.B.A. – Borough mayor (assembly-manager form of government); veto power, 74-21.

2.05.010 Office created.

There is hereby created the office of borough mayor. [Ord. No. 175A, §1, 10-21-74. Code 1974 §5.25.010.]

2.05.020 Qualification and election of borough mayor.

(a)    A qualified borough voter who, at the time of election or appointment to fill a vacancy, has resided within Ketchikan Gateway Borough at least one year immediately preceding the date of election or appointment is eligible to be borough mayor.

(b)    The borough mayor is elected at-large by the qualified voters of the borough. The borough mayor’s regular term of office is three years and until a successor is elected and has qualified, and begins on the first Monday following certification of the mayor’s election, unless certification is on a Monday, in which event the term commences immediately following certification.

(c)    No person shall be eligible to serve more than two terms consecutively as mayor. Election to serve the unexpired portion of a term shall be considered a full term for purposes of such limitations; however, the period served after appointment to a vacancy prior to an election to fill such vacancy shall not be considered a term for purposes of the limitations provided in this section. [Ord. No. 1719AS, §§1, 2, 5-19-14; Ord. No. 918, §1, 10-4-93; Ord. No. 900, §1, 4-19-93; Ord. No. 393, §4, 8-17-91; Ord. No. 175A, §1, 10-21-74. Code 1974 §5.25.020.]

2.05.030 Vacancy in the office of mayor.

The assembly shall, by two-thirds concurring vote, declare the office of mayor vacant only when the person elected:

(a)    Fails to qualify or take office within 30 days after election or appointment;

(b)    Unless excused by the assembly, is physically absent for 90 consecutive days;

(c)    Resigns and the resignation is accepted;

(d)    Is physically or mentally unable to perform the duties of office;

(e)    Is convicted of a felony or of an offense involving a violation of the oath of office;

(f)    Is convicted of a felony or misdemeanor described in AS 15.56, Election Offenses, Corrupt Practices, and Penalties;

(g)    Is convicted of a violation of AS 15.13, State Election Campaigns; or

(h)    No longer physically resides in the Ketchikan Gateway Borough. [Ord. No. 918, §2, 10-4-93; Ord. No. 393, §5, 8-17-81; Ord. No. 175A, §1, 10-21-74. Code 1974 §5.25.030.]

2.05.040 Filling a vacancy.

A vacancy in the office of the borough mayor occurring within six months of a regular election shall be filled by the assembly. The person designated shall serve until the next regular election and until a successor is elected and has qualified. If an assemblyman is chosen, he shall resign his assembly seat. If a vacancy occurs more than six months before a regular election, the assembly shall call a special election to fill the unexpired term. [Ord. No. 182, §2, 12-2-74. Code 1974 §5.25.040.]

2.05.050 Assembly participation.

The borough mayor may take part in the discussion of any matter before the assembly. The mayor may not vote except in the case of a tie vote of the assembly, in which event the mayor may vote. [Ord. No. 557, §1, 1-20-86; Ord. No. 182, §3, 12-2-74. Code 1974 §5.25.050.]

2.05.060 Veto.

(a)    Except as provided in subsection (c) of this section, the mayor may veto an ordinance, resolution, motion or other action of the assembly and may strike or reduce appropriation items except for school budget items.

(b)    A veto must be exercised before the next regular meeting of the assembly and must be accompanied by a written explanation of the reasons for the veto. A veto may be overridden by vote of two-thirds of the authorized membership of the assembly within 21 days following exercise of the veto, or at the next regular meeting, whichever is later.

(c)    The veto does not extend to:

(1)    Items in a school budget ordinance;

(2)    Actions of the assembly sitting as the board of equalization or the board of adjustment; or

(3)    Adoption or repeal of a manager plan of government. [Ord. No. 918, §3, 10-4-93; Ord. No. 182, §4, 12-2-74. Code 1974 §5.25.060.]

2.05.070 Duties.

(a)    The borough mayor shall preside at all assembly meetings, sign ordinances, act as ceremonial head of the borough, and sign documents on the borough’s behalf upon assembly authorization. The failure of the borough mayor to sign an ordinance or resolution does not invalidate them.

(b)    The borough mayor shall serve as the principal executive officer of the borough for the purpose of declaring of disaster emergency pursuant to AS 26.23. In the event of the absence of the borough mayor, the vice mayor shall serve as the principal executive officer of the borough. [Ord. No. 1907AS2, §2, 4-20-20; Ord. No. 175A, §1, 10-21-74. Code 1974 §5.25.070.]

Cross Reference – For similar provisions, see KGBC 1.15.070.

2.05.080 Salary of the mayor.

(a)    The compensation of the borough mayor shall be $500 per month.

(b)    In addition the borough mayor shall receive compensation in the amount of $75 for each meeting of the borough assembly, howsoever designated, which such member has attended, except that such payment shall not exceed $75 for any single day.

(c)    The compensation fixed herein shall be considered the mayor’s monthly salary and shall be the only compensation to the mayor. Appropriate payroll taxes shall be deducted from each month’s paycheck. The mayor shall receive only those benefits that are mandated by law. Per diem payments or reimbursements for expenses are not compensation under this section. [Ord. No. 1124, §2, 12-6-99; Ord. No. 537, §2, 7-15-85; Ord. No. 500, §1, 7-2-84; Ord. No. 379, §1, 9-2-80; Ord. No. 213, §3, 4-5-76; Ord. No. 175A, §1, 10-21-74. Code 1974 §5.25.100.]

O.B.A. – Legality of changing salary of borough officers during term of office, 74-17.

2.05.090 Executive absence.

The borough mayor, subject to assembly approval, shall designate a vice-mayor to act as mayor during the mayor’s temporary absence or disability. The vice-mayor designated shall be a current member of the assembly. [Ord. No. 783, §1, 11-19-90; Ord. No. 182, §5, 12-2-74. Code 1974 §5.25.120.]

State Law Reference – Similar provisions, AS 29.20.260.

2.05.100 Benefits.

The compensation fixed herein shall be the only compensation to the borough mayor. The mayor shall receive only those benefits that are mandated by law. [Ord. No. 796, §1, 4-15-91; Ord. No. 175A, §1, 10-21-74. Code 1974 §5.25.130.]