ARTICLE II
THE COUNCIL
Section
II-1 Councilmembers—number, qualification
II-5 Council not to interfere in appointments and removals, etc.
II-8 Absences to terminate membership
II-11 Quorum, rules, yeas and nays, voting
II-12 Ordinances—enacting clause
II-13 Ordinances—passage, when in effect
II-15 Ordinances—adoption by reference
For statutory provisions vesting legislative power in the council, see AS 29.20.050; on qualifications for office, see AS 29.20.140; and requiring a permanent file of resolutions, see AS 29.25.060.
II-1 Councilmembers—number, qualification
There shall be a council of six members. Only persons who, at the time of their election or choice to fill a vacancy, are at least twenty-one (21) years old and have resided within the City at least one year, or in the case of a newly annexed area, within either the City or the newly annexed area, for a total of at least one year, shall be qualified for the office of councilmember. No councilmember may hold another office or position with compensation in the city government. If any councilmember ceases to be a resident of the City, that councilmember shall thereupon cease to hold office. [Ord. 1055, 1997; election held October 7, 1997; passage ratified October 23, 1997; Ord. 990 §1, 1994; election held October 4, 1994; ratified October 13, 1994; Res. 11-68, election held September 13, 1968, passage ratified September 16, 1968]
II-2 Mayor and Deputy Mayor
There shall be a mayor who shall have all the qualifications of a councilmember, and, in addition, must be at least thirty (30) years of age at the time of his election or choice to fill a vacancy. The mayor 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 the mayor shall sign such written obligations of the City as the council may require. If a vacancy occurs in the office of mayor, the council shall elect a qualified person, who may or may not be a councilmember at the time, to be mayor for completion of the unexpired term or until the vacancy is filled by election. If a councilmember is elected mayor, the councilmember’s office shall be vacated upon taking office as mayor, and then be filled as prescribed elsewhere by this charter.
Not sooner than thirty (30) days nor more than sixty (60) days from the beginning of the terms of newly elected councilmembers, the council shall elect one of its members deputy mayor, who shall serve as such until the next such first meeting. The deputy mayor shall act as mayor during the absence or disability of the mayor or, if a vacancy occurs in the office of mayor, until another mayor is elected by the council and qualifies. If the office of deputy mayor becomes vacant, the council shall elect from its members another deputy mayor for the completion of the unexpired term. The deputy mayor, when acting as mayor, shall continue to have a vote as councilmember; but the deputy mayor shall not have veto power.
Should both mayor and deputy mayor be absent from a council meeting, a temporary mayor shall be appointed by the council to serve during such absence.
II-3 Compensation
The compensation of the mayor and councilmembers shall be determined by a non-emergency or initiated ordinance; but no increase in the compensation, except when made by ordinance enacted by the qualified voters by initiative, shall become effective until after a regular city election has been held. The mayor and councilmembers shall not receive any other compensation for any personal service rendered the City, but may be reimbursed for expenses incurred in the discharge of their official duties. [Ord. 694, 1984; election held October 2, 1984; passage ratified October 10, 1984]
II-4 Powers
Except as otherwise provided in this charter, all powers of the City, including the determination of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall have the power:
(1) To appoint and remove the city manager as provided in this charter;
(2) By ordinance to enact legislation relating to any or all subjects and matters not prohibited by the state constitution or by law or by this charter;
(3) To adopt the budget, raise revenue and make appropriations, and regulate salaries and wages, and all other fiscal affairs of the City;
(4) To inquire into the conduct of any office, department, or agency of the City, and investigate municipal affairs;
(5) To appoint or elect and remove its own subordinates, personnel in the department of law, the members of the personnel board, and other quasi-legislative, quasi-judicial, or advisory officers and authorities, or prescribe the method of appointment or electing and removing them; and
(6) To create, change, and abolish all offices, departments, and agencies of the city government other than the offices, departments, and agencies created by this charter; and to assign additional powers, duties, and functions to offices, departments, and agencies created by this charter.
II-5 Council not to interfere in appointments and removals, etc.
Neither the council, any councilmember, nor the mayor, may participate in any manner, except as provided in this charter, in the appointment or removal of officers and employees of the City. Except for the purpose of inquiry, the council and the mayor shall deal with the administrative service solely through the city manager.
II-6 City clerk
There shall be a city clerk, who shall be an official of the City appointed by the council for an indefinite term.
The city clerk shall serve as clerical officer of the council. The 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 clerk shall be custodian of such documents, records, and archives as may be provided by law or ordinance; shall be custodian of the seal of the City, and shall attest, and affix the seal to documents when required in accordance with this 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 council, by ordinance, may vest the supervision of elections in a board.
II-7 Meetings
The council shall hold at least one regular meeting every month at such time and place as it may prescribe by ordinance, resolution, or rule of the council. Special meetings may be called by the mayor or by the city manager upon the request of two or more members of the council. All meetings of the council shall be open to the public, and the journal of its proceedings shall be open to public inspection; but committees of the council, including the committee of the whole, may hold private meetings. All actions of the council shall be taken at public meetings. [Ord. 990 §2, 1994; election held October 4, 1994; ratified October 13, 1994]
II-8 Absences to terminate membership
If the mayor or any member of the council shall be absent from four consecutive regular meetings of the council, the council may declare the office vacant; and the office shall be automatically vacated if the mayor or councilmember is absent from more than one-half of all regular meetings held within any six-month period.
II-9 Removal
The mayor or any councilmember may be removed from office by recall as provided by this charter or in accordance with procedures and standards in any ordinance passed by the council; provided, however, that no such person shall be removed from office for a cause or offense other than one which would authorize removal of an equivalent official in a non-home rule city. [Ord. 801, 1986; election held October 7, 1986; passage ratified October 14, 1986]
II-10 Vacancies
The council shall fill vacancies in its own membership, and in the office of mayor for the unexpired terms or until the vacancies are filled at elections as provided herein; provided that, if the number of vacancies is such that the council no longer has enough members to constitute a quorum, then the mayor or the remaining councilmembers shall call a special election to fill the vacancies.
If a vacancy occurs before the beginning of a regular filing period for candidates for councilmembers, and the unexpired term extends beyond the time when the terms of councilmembers elected that year begin, then a mayor or councilmember for that place shall be elected at the regular election of that year to serve the rest of the unexpired term beginning at the time the terms of councilmembers elected that year begin.
II-11 Quorum, rules, yeas and nays, voting
A majority of all of the members of the council shall constitute a quorum but a smaller number may adjourn from day to day or from time to time. The council shall determine its own rules. On the demand of any member, the vote on any question shall be by yeas and nays, and shall be entered in the journal; provided that the council, by rules or ordinances, may require the vote on any or all questions to be by yeas and nays. A vote of at least a majority of all the councilmembers shall be required for the adoption of every motion. The mayor shall vote in case of a tie. All members in attendance shall vote on all questions, except no member shall vote on any proposed action of the council in the subject matter of which the councilmember has a direct or indirect pecuniary interest.
II-12 Ordinances—enacting clauses
The enacting clause of all ordinances passed by the council shall be, “Be it ordained by the Council of the City of Kodiak, Alaska,” and of all ordinances proposed by the voters under their power of initiative, “Be it ordained by the People of the City of Kodiak, Alaska.”
II-13 Ordinances—passage, when in effect
A proposed ordinance shall be read, and a vote of a majority of all councilmembers present shall be required for advancing to second reading. Before a vote on final passage, a proposed ordinance shall be read by title or in full, and a vote of a majority of all the councilmembers shall be required for its final passage.
The mayor shall have the power to veto ordinances and resolutions passed by the council; provided, that such power is exercised at the meeting of the council at which the ordinance or resolution is finally passed. The mayor shall advise the council in writing no later than the beginning of the next regular meeting of the reasons for vetoing an ordinance or resolution. The council may finally pass an ordinance or resolution over the veto of the mayor at such meeting, whether or not the mayor submits reasons for veto. An affirmative vote of five members of the council shall be required to pass an ordinance or resolution which has been vetoed by the mayor, and the vote shall be by yeas and nays and shall be entered in the journal.
No ordinance except an emergency ordinance may be finally passed on the same day that it is introduced. Within ten days after its final passage without a veto or final passage over the veto of the mayor, as the case may be, every ordinance shall be published in full or by number and title with a brief summary. Emergency ordinances and ordinances making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon such final passage unless they specify a later time. All other ordinances shall go into effect one month after such final passage and publication unless they specify a later date.
II-14 Ordinances—emergency
An emergency ordinance is an ordinance which, in the judgment of the council, is necessary for the immediate preservation of the public peace, health, or safety, and which should become effective before an ordinary ordinance would become effective. Every such ordinance shall contain, as a part of its title, the words, “and declaring an emergency”; and in a separate section, herein called the emergency section, shall declare the emergency. An affirmative vote of at least five members of the council shall be required for the final passage of an emergency ordinance.
II-15 Ordinances—adoption by reference
The council, by ordinance, may adopt by reference codes, ordinances, standards, and regulations relating to matters which it has power to regulate otherwise. Such code, ordinance, standard, or regulation so adopted need not be enrolled in the book of ordinances; but a copy shall be filed and kept in the office of the city clerk. The city clerk shall keep copies of all such codes, ordinances, standards, and regulations in force for distribution or sale at their approximate cost.
II-16 Ordinances—codification
The ordinances of the City shall be codified and published in book or pamphlet form at least every ten years unless the council, by use of a loose-leaf system, provides for keeping the code up to date. Titles, enacting clauses, and emergency sections may be omitted from the code; and temporary and special ordinances and parts of ordinances may be omitted. Permanent general ordinances and parts of ordinances which are repealed by the code shall be omitted from the code. The ordinances and parts of ordinances included in the code may be revised, rearranged, and reorganized; and the code may contain new matter, provisions of the state constitution and law applicable to the City and this charter. The council, by non-emergency ordinance, shall adopt the code. A copy of the code shall be filed and kept in the office of the city clerk after adoption, but the code need not be enrolled in the book of ordinances.