Chapter 2.08
OFFICERS AND EMPLOYEES
Sections
2.08.025 Compensation of councilmembers
2.08.034 Compensation of mayor
2.08.037 Expense reimbursement
2.08.050 City manager—appointment
2.08.060 City manager—powers and duties
2.08.065 Deputy city manager—appointment, powers and duties
2.08.070 City clerk—appointment
2.08.080 City clerk—powers and duties
2.08.085 Deputy clerk—powers and duties
2.08.130 Oath or affirmation of office—required
2.08.140 Oath or affirmation of office—administration
2.08.165 Ad-hoc panel for employee issues—appointment when
2.08.170 Composition of personnel board
2.08.180 Duties of personnel board
2.08.190 Collective bargaining
For statutory provisions regarding the vesting of executive power in the mayor, see AS 29.20.220; regarding prohibited discrimination, see AS 29.20.630; for charter provisions regarding city officers, see City Charter Sections II-1, II-2, II-4—II-6, II-8—II-10, and III-1—III-3.
2.08.010 Councilmembers
There shall be a council of six members as provided by Article II of the City Charter. [CCK §2.1.1]
2.08.020 Council—powers
The council shall have and may exercise all legislative powers not prohibited by law or by the City Charter. It shall have all powers delegated to it by the City Charter. [CCK §2.1.2]
2.08.025 Compensation of councilmembers
Each councilmember shall be compensated at the rate of $400.00 per month, to be paid on a monthly basis. [Ord. 1324 §1, 2014; Ord. 1034 §1, 1996; Ord. 695 §1, 1983; Ord. 457 §1, 1976]
2.08.030 Mayor
There shall be a mayor, who shall preside at meetings of the council and shall certify the passage of all ordinances and resolutions passed by it. The mayor shall have no regular administrative duties, except that of signing such written obligations as the council may require. [CCK §2.1.3]
2.08.034 Compensation of mayor
The mayor shall be compensated at the rate of $500.00 per month, to be paid on a monthly basis. [Ord. 1324 §2, 2014; Ord. 1034 §2, 1996; Ord. 695 §2, 1983; Ord. 457 §2, 1976]
2.08.037 Expense reimbursement
The mayor and councilmembers who are required to travel outside of the city to attend meetings or perform other official duties on behalf of the city shall be reimbursed for their travel expenses at the same rate of per diem as city employees receive for each 24-hour period or portion thereof necessarily spent outside of Kodiak to perform these official duties. In addition, the mayor and each councilmember shall receive the sum of $575.00 a year, to be paid in equal installments at the end of each calendar quarter, as reimbursement for incidental expenses incurred in the performance of their duties. If requested, the mayor and each councilmember shall also receive a monthly sum to be determined by the city manager, as reimbursement for Internet service fees. [Ord. 1259 §1, 2009; Ord. 962, 1993; Ord. 457 §3, 1976]
2.08.040 Vacancies
The term of mayor or any councilmember may be terminated in accordance with City Charter Sections II-8 and II-9. In addition:
(a) The council shall, by concurring vote of five of its members, declare the office of mayor vacant only when the person elected:
(1) Fails to qualify or take office within 30 days after election or appointment.
(2) Unless excused by the council, is physically absent for 90 consecutive days.
(3) Resigns and the resignation is accepted.
(4) Is physically or mentally unable to perform the duties of the office.
(5) Is convicted of a felony or of an offense involving a violation of the oath of office.
(6) Is convicted of a felony or misdemeanor described in AS 15.56.
(7) Is convicted of a violation of AS 15.13.
(8) No longer physically resides in the city.
(b) The council shall declare a council position vacant when the person elected:
(1) Fails to qualify or take office within 30 days after election or appointment.
(2) Unless excused by the council, is physically absent for 90 consecutive days.
(3) Resigns and the resignation is accepted.
(4) Is physically or mentally unable to perform the duties of office as determined by concurring vote of five councilmembers.
(5) Is convicted of a felony or offense involving a violation of the oath of office.
(6) Is convicted of a felony or misdemeanor described in AS 15.56 and five councilmembers concur in expelling the person elected.
(7) Is convicted of a violation of AS 15.13.
(8) No longer physically resides in the city.
(c) If a vacancy occurs in the office of mayor, the council shall, within 30 days, appoint a qualified person to fill the vacancy. The person appointed serves until the next regular election when a successor is elected to serve the balance of the term. If a member of the council is appointed mayor, the member appointed shall resign the seat on the council.
(d) If a vacancy occurs in the office of councilmember, the remaining members shall, within 30 days, appoint a qualified person to fill the vacancy. A person appointed under this section serves until the next regular election, when a successor shall be elected to serve the balance of the term. However, if the number of vacancies is such that the council is reduced to fewer than the number required to constitute a quorum, the provisions of City Charter Section II-10 shall apply. [Ord. 801 §4, 1986]
2.08.050 City manager—appointment
There shall be a city manager who shall be appointed by the council for an indefinite term by a vote of a majority of all its members. The city manager shall be chosen solely on the basis of executive and administrative qualifications. [CCK §2.1.5]
2.08.060 City manager—powers and duties
The city manager shall be chief administrative officer and head of the administrative branch of the city government. The city manager shall execute the laws and ordinances and administer the government of the city, and shall be responsible therefor to the council. The city manager shall:
(a) Appoint, and when deemed necessary for the good of the service, lay off, suspend, demote, or remove all directors or heads of administrative departments and all other administrative officers and employees of the city except personnel in the department of law; provided, that the city manager or the council by ordinance may delegate this power and duty to directors or heads of departments and other administrative officers and agencies as regards their own subordinates.
(b) Supervise and control all administrative departments, agencies, officers, and employees, appointed by the city manager or by agencies and officers subordinate to the manager.
(c) Prepare a budget annually and submit it to the council, be responsible for the administration of the budget after it goes into effect, and recommend to the council any changes in the budget which he deems desirable.
(d) Submit to the council a report as of the end of the fiscal year on the finances and administrative activities of the city for the preceding year.
(e) Keep the council advised of the financial condition and future needs of the city and make recommendations on policy and other matters.
(f) Monitor and administer the performance of all contracts for services for the construction of buildings, facilities, equipment, and other property for the city, including execution of change orders deemed to be necessary; provided, that such change orders shall not exceed the project budget amount previously approved by the city council without prior authorization of the council unless the city manager determines issuance of the change order is required before a council meeting could be held to avoid defective or unwarranted work, project shutdown, incorrect shipment, reconciliation of quantities, or other defect that would unduly delay completion of the project, increase cost without benefit, or expose the city to additional liability for downtime or other similar claims. (See also KCC 3.12.020.)
(g) Have such other powers, duties, and functions as the charter may prescribe, and such powers, duties, and functions consistent with the charter as the council may prescribe. [Ord. 1146 §1, 2002; Ord. 892, 1991; Ord. 480 §§1, 2, 1976. CCK §2.1.6]
2.08.065 Deputy city manager—appointment, powers and duties
(a) There shall be a deputy city manager who shall be appointed for an indefinite term by the city manager.
(b) The deputy city manager shall:
(1) Serve as the deputy chief administrative officer who reports to the city manager;
(2) Assist the city manager in providing administrative oversight of daily operations of the city, ensuring implementation of and adherence to policies;
(3) Ensure organizational compliance with applicable laws, codes, regulations and standards and provide direct management and oversight of assigned functional areas;
(4) Assist the city manager in administering the city’s human resources program;
(5) Assist department heads and the city manager in making hiring, dismissal, and disciplinary recommendations;
(6) Provide oversight and participate in the development and implementation of short and long range strategic plans, programs, policies and procedures for the city;
(7) Research, analyze, prepare and present management studies, reports, plans, resolutions, ordinances and other information as directed by the city manager;
(8) Manage and participate in project activities as assigned by the city manager; and
(9) Perform functions of the city manager and other duties when assigned. [Ord. 1383 §22, 2018; Ord. 1322 §1, 2014]
2.08.070 City clerk—appointment
There shall be a city clerk who shall be an officer of the city appointed by the council for an indefinite term. [CCK §2.1.7]
2.08.080 City clerk—powers and duties
The city clerk shall serve as clerical officer of the council. The city clerk shall keep the journal of the proceedings of the council, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it. The city clerk shall be custodian of the seal of the city, shall attest and affix the seal to documents when required, in accordance with the charter, law, or ordinance; shall keep a correct and up-to-date record of the city boundaries and changes therein; and shall supervise municipal elections and such other elections as may be required by law or ordinance, including voter registration and records; provided, that the city council by ordinance may vest the supervision of elections in a board. The city clerk hires and supervises employees in the clerk’s department. The city clerk shall recommend the salary and other compensation of employees in the clerk’s department. [Ord. 1414 §1, 2021; Ord. 1268(SUB) §1, 2013. CCK §2.1.8]
2.08.085 Deputy clerk—powers and duties
The deputy clerk exercises the powers and duties of the city clerk in the temporary absence of the city clerk, and performs other duties assigned by the city clerk. [Ord. 1268(SUB) §2, 2013]
2.08.090 Finance director
There shall be a finance director, or treasurer, who may also be city clerk, and who shall be an officer of the city appointed by the city manager for an indefinite term, and who shall be director, or head, of the finance department. Except as the council provides otherwise by ordinance, the finance director shall collect or receive revenue and other money for the city, shall be responsible for its custody, safekeeping, deposit, investment, and disbursement, in accordance with the charter and city ordinances, and shall maintain a general accounting system for the city government. When reference is made by law or otherwise to city treasurer, it means the finance director unless the council by ordinance creates a separate office of city treasurer within the finance department. [CCK §2.1.9]
2.08.100 City attorney
The city attorney shall be the legal advisor of the council. The city attorney shall draw all such ordinances or regulations as may be required by the council, and shall prosecute or defend under the direction of the council any and all actions brought in the courts, either by or against the city, including violations of city ordinances, as the council may direct, and perform such other duties in the line of the profession as the council shall order. [CCK §2.1.10]
2.08.110 Compensation
Compensation of city officers and employees shall be fixed by the council by ordinance; however, the compensation of the mayor and councilmembers shall be determined by a nonemergency or initiated ordinance and no increase in compensation shall become effective until after a regular city election has been held. [CCK §2.1.11]
2.08.120 Bond requirements
The city manager, the finance director, the city treasurer if separate from the finance director, and such other officers and employees as the council may designate, before entering upon their duties, shall be bonded, by individual and/or group bonds, for the faithful performance of their respective duties, payable to the city, in such form and in such amounts as the council may prescribe, with a surety company authorized to operate within the state. The city shall pay the premiums on such bonds. [CCK §2.1.12]
2.08.130 Oath or affirmation of office—required
All officers of the city and such employees as the council may designate, before entering upon the duties of their offices, shall take and subscribe to the oath or affirmation of office prescribed by the Alaska Constitution, Article XII, Section 5. The oath or affirmation shall be filed and kept in the city clerk’s office. [CCK §2.1.13]
2.08.140 Oath or affirmation of office—administration
All officers authorized by federal and state law, the mayor, the city clerk, the chairman of the personnel board, and such other officers as the council may authorize, may administer oaths and affirmation. [CCK §2.1.14]
2.08.165 Ad-hoc panel for employee issues—appointment when
(a) Should an employee grievance or any other matter requiring action by or a hearing before the personnel board arise or be filed at a time when, due to lack of qualified volunteers or for any other reason beyond the control of the council, no person is serving on the personnel board, then the council may appoint an ad-hoc panel of no more than five persons to hear such grievance or other matter and carry out the responsibilities of the personnel board with respect to it. The decision regarding whether to appoint a panel shall be within the council’s sole discretion.
(b) Should an employee grievance or any other matter requiring action by or a hearing before the personnel board arise or be filed at a time when, due to a lack of qualified volunteers or for any other reason beyond the control of the council, the personnel board consists of one or more persons but less than a quorum, then the council may appoint that number of other individuals which is sufficient to complete a quorum and those other individuals shall serve as ad-hoc members of the personnel board for purposes of that matter only.
(c) Any person appointed by the council in accordance with this section shall meet the minimum qualifications then applicable to permanent members of the personnel board. [Ord. 930, 1992]
2.08.170 Composition of personnel board
The city council shall appoint a personnel board consisting of three members serving for overlapping two-year terms, with terms commencing on January 1. Only persons who reside within the city shall be appointed. If any member ceases to reside within the city, that member shall thereupon cease to hold a position on the personnel board. The council shall fill vacancies in unexpired terms. [Ord. 1009 §1, 2000; Ord. 929 §5, 1992]
2.08.180 Duties of personnel board
(a) At the time prescribed for the beginning of the term of a newly appointed member, the board shall elect a chairman.
(b) The personnel board shall meet as often as necessary to hear grievances filed by city employees.
(c) Following the hearing of a grievance, the personnel board shall render an advisory opinion based on its findings to the city manager with a copy to the aggrieved employee. [Ord. 929 §5, 1992]
2.08.190 Collective bargaining
A. The City recognizes the right of its public employees to organize for the purpose of collective bargaining, to form or join employee organizations, and to negotiate with and enter into written agreements with the City on matters of wages, hours, and other terms and conditions of employment.
B. The terms on which City employees may organize and on which the City and its employees will engage in collective bargaining shall be governed by the Public Employment Relations Act (AS 23.40.070—23.40.260) and the regulations promulgated by the Alaska Public Relations Agency pursuant to AS 23.40.380 or other authority granted by the Alaska legislature. The Alaska labor Relations Agency is designated the administrative agency having jurisdiction to hear and decide questions affecting the employees of the City of Kodiak arising under the Public Employment Relations Act. [Ord. 1357 §2, 2016]