Chapter 7.28


7.28.010    Appeal from commission action to the council.

7.28.020    Time for appeal.

7.28.030    Hearing on the appeal.

7.28.010 Appeal from commission action to the council.

A decision issued in accordance with Chapter 7.24 may be appealed to the city council as set forth in this chapter. (Ord. 99-05 §3(part))

7.28.020 Time for appeal.

On or before the fifth day (weekends and holidays excluded) after the commission’s decision, the executive director or the appellant shall file with the city clerk a written notice of appeal to the city council. The notice of appeal need not be in any particular form, but must:

A. Evidence a desire to have the city council review the commission’s decision;

B. List specific reasons why the applicant believes the commission’s decision is incorrect; general assertions that the commission’s decision is contrary to law or fact are not sufficient;

C. Identify the specific provisions, if any, of this chapter upon which the applicant will rely in his/her appeal to the city council; and

D. Be signed by the applicant or his/her authorized representative. (Ord. 2001-14 §5: Ord. 99-05 §3(part))

7.28.030 Hearing on the appeal.

A. Upon receipt of a notice of appeal, the city clerk shall cause copies of all pertinent documents relating to the claim, including minutes and tape recordings of the commission’s hearings, if any, to be distributed to the council members. The council shall consider the appeal at a regular or special meeting within sixty days after it has been filed. In such an appeal the applicant may represent himself or be represented by an authorized representative, and the council shall be represented by the administrator. In its discretion, the council may require the submission of additional documentary information or written argument by any party, but shall not hear testimony from any party.

B. Prior to its closed session to consider the appeal, the city council may, if requested by the applicant or by the administrator, hear oral argument by the parties; such oral argument shall be conducted in the manner specified by Rule 213(b) of the Alaska Rules of Appellate Procedure, and each side shall be allowed up to fifteen minutes to present its argument, including opening and concluding statements. Consideration of an appeal from the commission is a quasi-judicial function as that term is used in the State Open Meetings Act, AS 44.62.310(d), and the city council shall consider such an appeal and make its decision in closed session, from which the public, the commission and the executive director shall be excluded.

C. After due deliberation, the city council may affirm, reverse or modify the commission’s decision, or remand the matter to the commission with instructions for further proceedings. The city council shall announce its decision and state the specific reasons for its decision, either orally in an open tape-recorded meeting, or in writing. The city clerk shall give written notice of the city council’s decision to the parties by personal delivery or by certified mail. The city council’s decision is final and may be appealed to the Alaska superior court under the provisions of AS 44.62.560 and Rule 610 of the Alaska Rules of Appellate Procedure. (Ord. 99-05 §3(part))