Chapter 2.05
MAYOR

Sections:

2.05.010    Office established.

2.05.020    Eligibility of mayor.

2.05.030    Term of office.

2.05.035    Prohibition regarding employment.

2.05.040    Duties.

2.05.045    Repealed.

2.05.050    Compensation.

2.05.060    Deputy mayor.

2.05.070    Vacancy.

2.05.075    Repealed.

2.05.076    Filling a vacancy in office.

2.05.010 Office established.

The executive power in the city is vested in the mayor. The executive power means that the mayor acts as ceremonial head of the city, executes official documents on authorization of the council, and is responsible for additional duties and powers prescribed by the Charter or by AS 29.20 as necessarily applied to a home-rule city with a manager form of government. (Ord. 10-006 § 3, 2010; Ord. 648 § 4, 2005)

2.05.020 Eligibility of mayor.

A person is eligible to be the mayor if the person:

A. Is registered to vote as required by the state of Alaska and is qualified to vote in the city; and

B. Has been a resident of the city or of territory annexed to the city, or shall have had a combination of residence in the city and in the annexed territory, for one continuous year immediately prior to the election. (Ord. 11-003 § 5, 2011; Ord. 10-006 § 3, 2010; Ord. 648 § 4, 2005)

2.05.030 Term of office.

The term of office of the mayor shall be for three years and shall commence on the Monday next following his or her election. (Ord. 10-006 § 3, 2010; Ord. 648 § 4, 2005)

2.05.035 Prohibition regarding employment.

A person who holds or has held an elective city office shall not be eligible for appointment to an office or for employment for which a salary is paid by the city until one year has elapsed following the term for which that person was elected or appointed. An exception may be made with the approval of five or more members of the council. (Ord. 10-006 § 3, 2010; Ord. 648 § 4, 2005)

2.05.040 Duties.

A. The Mayor shall:

1. Possess all powers and shall exercise all duties provided or required by law or by the council;

2. Be the presiding officer of the council;

3. Be a member of the council with all the powers and duties of that office;

4. Advise the council concerning the affairs of the city and make recommendation thereon;

5. Appoint members of boards and commissions, subject to confirmation by the council.

B. The Mayor shall not:

1. Perform or interfere with the duties of the city manager as set out in Charter or in this code, and the manager may inform the mayor and/or council of any transgressions;

2. Enter into contracts or agreements binding on the city; and

3. Possess veto power. (Ord. 10-006 § 3, 2010; Ord. 07-028 § 3, 2007; Ord. 05-031 § 3, 2005; Ord. 648 § 4, 2005)

2.05.045 Remedies regarding performance.

Repealed by Ord. 07-028. (Ord. 05-031 § 4, 2005)

2.05.050 Compensation.

A. The mayor’s salary shall be fixed by code provision and may be changed by ordinance at any time except during the 60-day period immediately preceding a general municipal election.

B. Salary changes become effective the first Monday immediately following the next general city election subsequent to the adoption of the salary change.

C. Compensation shall be $24,000 per year.

D. The mayor shall not be entitled to receive any other or additional compensation from the city for any service to the city except as provided by this code.

1. Remunerations from federal, state or local government authorities for positions to which the mayor is appointed shall not be construed as compensation from the city for the purposes of this section.

E. The mayor may decline compensation by completing the form required to decline compensation. (Ord. 14-021 § 3, 2014; Ord. 10-006 § 3, 2010; Ord. 07-028 § 5, 2007; Ord. 05-031 § 5, 2005; Ord. 648 § 4, 2005)

2.05.060 Deputy mayor.

A. At the first meeting following the regular city election, council shall elect from its membership a deputy mayor and an alternate deputy mayor to serve in the absence of the mayor.

B. Deputy Mayor Election Process. The deputy mayor election process shall be as follows:

1. Nominations. The mayor shall open nominations for deputy mayor and shall continue taking nominations until all nominations have been made.

2. Voting Process.

a. After the nominations have closed, the mayor will, in alphabetical order by last name, bring each individual nominee’s name to the floor for a vote;

b. The nominee obtaining four votes of the council shall be declared the winner of the election.

C. Alternate Deputy Mayor Election Process. Following election of the deputy mayor, the council shall elect, using the same process as used for the deputy mayor election, the alternate deputy mayor.

D. The deputy mayor shall succeed to the office of mayor when a vacancy occurs in that office and shall have and exercise the powers and duties of the mayor when the mayor is absent or unable to perform the duties of office.

1. When a doubt exists concerning the ability of the mayor to perform the duties of office, the council shall, by resolution, determine whether the deputy mayor shall act in the place of the mayor.

2. The determination shall stand until the council determines that the disability or inability ceases.

E. The alternate deputy mayor shall succeed to deputy mayor when the deputy mayor is unavailable or there is a deputy mayor vacancy. (Ord. 14-003 § 3, 2014; Ord. 10-020 § 3, 2010; Ord. 10-006 § 3, 2010; Ord. 648 § 4, 2005)

2.05.070 Vacancy.

The office of mayor shall become vacant upon the occurrence of any of the following:

A. Expiration of the term of office;

B. Death of the incumbent;

C. Resignation approved by council;

D. A removal from office in the manner provided by law;

E. Ceasing to possess at any time the qualifications of eligibility required for elective office;

F. Final conviction of a felony involving moral turpitude or an office involving a violation of an oath of office;

G. Judicial determination that the incumbent is of unsound mind;

H. A decision of a competent tribunal declaring the election of the incumbent void;

I. Failure to take an oath of office within 10 days of appointment or election to office or within such other time, not exceeding 20 days, as the council may fix;

J. Unless excused by the council, is physically absent from the city for 90 consecutive calendar days;

K. Is convicted of a felony or a misdemeanor described in AS 15.56;

L. Is convicted of a violation of AS 15.13; or

M. No longer physically resides in the city. (Ord. 10-006 § 3, 2010; Ord. 648 § 4, 2005)

2.05.075 Appointment.

Repealed by Ord. 11-003. (Ord. 10-006 § 3, 2010; Ord. 648 § 4, 2005)

2.05.076 Filling a vacancy in office.

A. When a vacancy in office occurs, except in the case of recall, the deputy mayor shall succeed to the office of mayor;

B. When the deputy mayor has succeeded to the office of mayor, his or her council seat shall be declared vacant and the provisions in PMC 2.04.065 shall apply;

C. The deputy mayor shall serve until the new mayor has been elected by the voters, at either a special or regular election, and sworn in as mayor. At which time the deputy mayor shall resume his or her council member seat, provided the deputy mayor’s council member term has not ended;

D. Once elected, the newly elected mayor shall serve the remaining term of office for the outgoing mayor. (Ord. 11-003 § 7, 2011)