2006 Version

  (1) a member of the governing body shall declare a substantial financial interest the member has in an official action and ask to be excused from a vote on the matter;
  (2) the presiding officer shall rule on a request by a member of the governing body to be excused from vote;
  (3) the decision of the presiding officer on a request by a member of the governing body to be excused from a vote may be overridden by the majority vote of the governing body; and
  (4) a municipal employee or official, other than a member of the governing body, may not participate in an official action in which the employee or official has a substantial financial interest.

(b) If a municipality fails to adopt a conflict of interest ordinance by June 30, 1986, the provisions of this section are automatically applicable to and binding upon that municipality.

(c) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985)

(b) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985)

(b) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985)

(b) The assembly of a newly incorporated borough is, after incorporation and until the adoption of an ordinance providing for a change in composition or apportionment, composed of the number of members and apportioned as set out in the incorporation petition approved by the voters. If the borough is already incorporated, the assembly shall be composed and apportioned in a manner that is consistent with the requirements of this section and prescribed by charter or ordinance.

(c) An assembly may not provide for weighted voting.

(d) A member of the assembly may not be elected or appointed by and from the council of a city in the borough.

(e) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985)

Sec. 29.20.070. Assembly composition and form of representation.
(a) The assembly shall provide for its composition and for the form of its representation.

(b) Not later than the first regular election that occurs after adoption of a final state redistricting plan under art. VI, sec. 10, Constitution of the State of Alaska, the assembly shall propose and submit to the voters of the borough, at that regular election or at a special election called for the purpose, one or more forms of assembly representation. The forms of representation that the assembly may submit to the voters are:

      (1) election of members of the assembly at large by the voters throughout the borough;

      (2) election of members of the assembly by district, including

                (A) election at large by the voters throughout the borough, but with a requirement that a candidate live in an election district established by the borough for election of assembly members; or

                 (B) election from election districts established by the borough for the election of assembly members by the voters of a district;

       (3) election of members of the assembly both at large and by district.

 (c) A form of assembly representation that includes election of assembly members under (b)(2) or (b)(3) of this section shall be submitted to the voters of the borough with a plan of apportionment as required by AS 29.20.080.

d) The assembly shall, within 30 days after certification of the results of the election held under this section, adopt an ordinance providing for

        (1) composition of the assembly;

        (2) the form of assembly representation that received the most votes; and

        (3) if applicable, the apportionment of assembly seats in accordance with the form of representation that received the most votes.

(e) This section applies to home rule and general law municipalities, except it does not apply to a

         (1) unified municipality;

         (2) home rule borough if the home rule charter contains procedures for changing assembly composition and form of representation. (§ 7 ch 74 SLA 1985; am § 84 ch 82 SLA 2000)

Effect of Amendments —The 2000 amendment, effective July 1, 2000, substituted “adoption of a final state redistricting plan under art. VI. Sec. 10, Constitution of the State of Alaska” for “the report of a federal decennial census” in (b).

Sec. 29.20.080. Assembly recomposition and reapportionment.
(a) Not later than two months after adoption of a final state redistricting plan under art. VI, sec. 10, Constitution of the State of Alaska, the assembly shall determine and declare by resolution whether the existing apportionment of the assembly meets the standards of AS 29.20.060. If the assembly submits to the voters a form of representation that includes election of assembly members under AS 29.20.070(b)(2) or (3), the assembly shall submit with the proposition a proposed plan of apportionment that corresponds to the form of representation proposed. The assembly shall describe the plan of apportionment in the ballot proposition, and may present the plan in any manner that it believes accurately describes the apportionment that is proposed under the form of representation. If the assembly determines that its existing apportionment meets the standards of AS 29.20.060, the assembly may include the existing apportionment as a proposed plan of apportionment of assembly seats that corresponds to a form of representation that is proposed.

(b) The assembly shall provide, by ordinance, for a change in an existing apportionment of the assembly whenever it determines that the apportionment does not meet the standards of AS 29.20.060. The assembly may provide, by ordinance, for a change in an existing apportionment of the assembly whenever a final state redistricting plan is changed as a result of federal or court action. At the same time a change in apportionment is provided for under this subsection, the assembly may, by ordinance, change the composition of the assembly.

(c) If a petition signed by not less than 50 voters requests the assembly to determine whether the existing apportionment meets the standards for apportionment in AS 29.20.060, and the petition contains evidence that the existing apportionment does not meet those standards, the assembly may make the determination requested. The assembly shall make a determination required by this subsection within two months of receipt of a petition that meets the requirements of this subsection.

(d) An ordinance adopted by the assembly under (b) or (c) of this section shall be submitted to the voters for approval. In order for the ordinance to be approved it must receive the approval of a majority of the votes cast.

(e) Within six months after a determination by the assembly under (b) or (c) of this section that the current apportionment should be changed the assembly shall adopt an ordinance providing for reapportionment and submit the ordinance to the voters. If, at the end of the six-month time period, an ordinance providing for reapportionment has not been approved by the voters and if the current apportionment does not meet the standards of AS 29.20.060, the commissioner shall provide for the reapportionment in accordance with the standards of AS 29.20.060 by preparing an order of reapportionment and delivering the order to the borough mayor. (§ 7 ch 74 SLA 1985; am §§ 85, 86, 87 ch 82 SLA 2000)

Effect of Amendments —The first 2000 amendment, effective July 1, 2000, substituted “adoption of a final state redistricting plan under art. VI. Sec. 10, Constitution of the State of Alaska” for “the official report of a federal decennial census” in (a). The second 2000 amendment, effective July 1, 2000, added the second sentence to (b) and inserted “a change in apportionment is provided for under this subsection” in the last sentence. The third 2000 amendment, effective July 1, 2000, substituted “should be changed” for “does not meet the standards of AS 29.20.060” in the first sentence of (e) and added “and if the current apportionment does not meet the standards of AS 29.20.060” to the last sentence in (e).

Sec. 29.20.090. Apportionment appeals.
(a) A reapportionment ordinance approved by the voters, or a decision of the assembly that the standards of AS 29.20.060 do not require a change in apportionment, may be appealed to the commissioner. Fifty voters may submit a petition to the commissioner requesting the commissioner to determine whether the proposed reapportionment ordinance approved by the voters meets the standards of AS 29.20.060 or whether a decision of the assembly that the standards of AS 29.20.060 do not require a change of apportionment is correct. If the petition asks the commissioner to review an ordinance approved by the voters under AS 29.20.080(e), the petition shall be delivered to the commissioner not later than 20 days after certification of the election. If the petition asks the commissioner to review a decision of the assembly under AS 29.20.080(c), the petition shall be delivered to the commissioner within 20 days of the decision of the assembly.

(b) The commissioner shall review the petition and may make the determination requested. The commissioner shall provide copies of the determination to the persons petitioning for appeal and to borough officials not later than 60 days after the commissioner receives the petition.

(c) If the commissioner determines that the proposed reapportionment ordinance approved by the voters does not meet the standards of AS 29.20.060, or if the commissioner determines that the decision of the assembly that the standards of AS 29.20.060 do not require a change of apportionment is not correct, the commissioner shall, by order, direct the assembly to prepare a reapportionment ordinance that meets the standards of AS 29.20.060 and submit the ordinance to the voters.

(d) When the assembly has been directed by the commissioner to prepare a reapportionment ordinance under (c) of this section, the assembly shall, within two months after its receipt of the commissioner's order, adopt an ordinance providing for reapportionment. The assembly shall submit an ordinance adopted under this subsection to the voters at an election held within 60 days after the date of adoption of the reapportionment ordinance.

(e) If at the end of the time period provided under (d) of this section an ordinance providing for reapportionment has not been approved by the voters, the commissioner shall provide for the reapportionment of the assembly in accordance with the standards of AS 29.20.060 by preparing an order of reapportionment and delivering the order to the borough mayor.   (§ 7 ch 74 SLA 1985)

(b) Each of the following is subject to judicial review:

        (1) a plan of reapportionment approved by the voters under  AS 29.20.080(a);

        (2) a determination by the assembly under AS 29.20.080 that the standards of AS 29.20.060 do not require a change in apportionment;

        (3) a reapportionment ordinance approved by the voters under AS 29.20.080(d);

                (4) a reapportionment order of the commissioner made under AS 29.20.090(c);

                (5) a reapportionment ordinance approved by the voters under AS 29.20.090(d); and

                (6) a reapportionment order of the commissioner made under AS 29.20.090(e). (§ 7 ch 74 SLA 1985)

         (1) approval of a reapportionment ordinance by the voters under AS 29.20.080(a), 29.20.080(e), or 29.20.090(d); or

         (2) the delivery to the mayor of a reapportionment order of the commissioner under AS 29.20.090(e).

 (b) The provisions of (a) of this section do not apply to a borough in which a change in assembly composition or apportionment is subject to review and approval or determination of nonobjection by the Attorney General of the United States under 42 U.S.C. 1971 - 1974 (Voting Rights Act of 1965), as amended. A change in assembly composition or apportionment subject to review under the 42 U.S.C. 1971 - 1974 , as amended, is effective beginning with the first regular election for members of the assembly that is held more than 60 days after

         (1) receipt by the assembly of approval by the Attorney General of the United States of the proposed change in the composition or apportionment of the assembly;

         (2) the delivery to the mayor of a reapportionment order of the commissioner under AS 29.20.090(e); or

         (3) the last day on which the Attorney General of the United States may review a proposed change in the composition or apportionment of the assembly. (§ 7 ch 74 SLA 1985)

         (1) unified municipality;

         (2) home rule borough if the borough, by home rule charter, provides for reapportionment of the assembly. (§ 7 ch 74 SLA 1985)

(b) A municipality may by ordinance establish a durational residency requirement not to exceed three years for members of the governing body.

(c) A municipality may by ordinance establish district residency requirements for members of its governing body. A member of the governing body who represents a district and who becomes a resident of another district in the municipality continues to serve until the next regular election unless provided otherwise by ordinance.

(d) Except by ordinance ratified by the voters, no limit may be placed on the total number of terms or number of consecutive terms a voter may serve on the governing body.

(e) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985)

(b) Except when otherwise required by a change in composition or apportionment, if the term of a member of a governing body is changed by charter or ordinance the term of the member holding office when the change becomes effective is not affected.

(c) The regular term of office begins on the first Monday following certification of the election, unless a different date is prescribed by charter or ordinance.

(d) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985)

(b) A governing body shall hold at least one regular meeting each month unless otherwise provided by ordinance. If a majority of the members are given at least 24 hours oral or written notice and reasonable efforts are made to notify all members, a special meeting of the governing body may be held at the call of the presiding officer or at least one-third of the members. A special meeting may be conducted with less than 24 hours notice if all members are present or if absent members have waived in writing the required notice. Waiver of notice can be made before or after the special meeting is held. A waiver of notice shall be made a part of the journal for the meeting.

(c) A majority of the total membership of a governing body authorized by law constitutes a quorum. A member disqualified by law from voting on a question may be considered present for purposes of constituting a quorum. In the absence of a quorum any number of members may recess or adjourn the meeting to a later date.

(d) Actions of a governing body are adopted by a majority of the total membership of the body. Each member present shall vote on every question, unless required to abstain from voting on a question by law. The final vote of each member on each ordinance, resolution, or substantive motion shall be recorded "yes" or "no", except that if the vote is unanimous it may be recorded "unanimous".

(e) A governing body shall maintain a journal of its official proceedings that shall be a public record.

(f) To the extent otherwise permitted by law, a governing body may determine by ordinance its own rules of procedure and order of business. (§ 7 ch 74 SLA 1985)

     (1) fails to qualify or take office within 30 days after election or appointment;

     (2) is physically absent from the municipality for 90 consecutive days unless excused by the governing body;

     (3) resigns and the resignation is accepted;

     (4) is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the governing body;

     (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 and two-thirds of the members of the governing body concur in expelling the person elected;

     (7) is convicted of a violation of AS 15.13;

     (8) no longer physically resides in the municipality and the governing body by two-thirds vote declares the seat vacant; this paragraph does not apply to a member of the governing body who forfeits office under AS 29.20.140(a); or

      (9) if a member of the governing body, misses three consecutive regular meetings and is not excused. (§ 7 ch 74 SLA 1985; am § 37 ch 21 SLA 1991)

Effect of amendments. — The 1991 amendment, effective June 11, 1991, inserted "this paragraph does not apply to a member of the governing body who forfeits office under AS 29.20.140(a)" in paragraph (8).

(b) Notwithstanding (a) of this section, if the membership is reduced to fewer than the number required to constitute a quorum, the remaining members shall, within seven days, appoint a number of qualified persons to constitute a quorum.

(c) 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. (§ 7 ch 74 SLA 1985)

 (b) The mayor acts as ceremonial head of government, executes official documents on authorization of the governing body, and is responsible for additional duties and powers prescribed by this chapter or by home rule charter.

 (c) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985)

(b) The mayor of a second class city is elected by and from the council, and serves until a successor is elected and qualifies. The council of a second class city shall meet on the first Monday after certification of the regular election and elect a mayor who takes office immediately. The mayor of a second class city serves a one-year term, unless a longer term is provided by ordinance. The mayor of a second class city may serve only while a member of the council regardless of the term established for the office of mayor.

(c) Except by ordinance ratified by the voters, no limit may be placed on the total number of terms or number of consecutive terms a mayor may serve.

(d) Notwithstanding (b) of this section, a second class city may by ordinance provide that the mayor is elected, from the council, by the voters rather than by the council. If an ordinance is adopted under this subsection, the council shall meet on the first Monday after certification of each regular election and elect a council member to serve as mayor pro tempore who takes office immediately and exercises the powers and duties of mayor until the permanent mayor takes office. Within 45 days after certification of a regular election, a special election shall be held for the permanent mayor. The permanent mayor takes office on the first Monday following certification of the special election and serves until the first Monday after certification of the next regular election. The term of a mayor in office on the effective date of an ordinance adopted under this subsection may not be altered.  (§ 7 ch 74 SLA 1985; am § 1 ch 79 SLA 1996)

Effect of amendments. — The 1996 amendment, effective September 18, 1996, added subsection (d).

(b) Residency requirements for the office of mayor not exceeding three years may be prescribed by ordinance. (§ 7 ch 74 SLA 1985)

(b) The mayor may take part in the discussion of a matter before the governing body. The mayor may not vote, except that the mayor of a first class city or the mayor of a borough with a manager form of government may vote in the case of a tie. The mayor of a second class city, as a council member, may vote on all matters. (§ 7 ch 74 SLA 1985)

(b) A veto must be exercised before the next regular meeting of the governing body 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 governing body 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) appropriation items in a school budget ordinance;

      (2) actions of the governing body sitting as the board of equalization or the board of adjustment;

      (3) adoption or repeal of a manager plan of government.

(d) The mayor of a second class city has no veto power.

(e) The veto does not extend to an ordinance adopted under AS 04.11.501. This subsection applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985; am §§ 13, 14 ch 80 SLA 1986; am § 63 ch 101 SLA 1995)

Effect of amendments. — The 1995 amendment, effective July 1, 1995, made a section reference substitution in subsection (e).

        (1) fails to qualify or take office within 30 days after election or appointment;

        (2) unless excused by the governing body, 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;

        (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 municipality; or

        (9) if a member of the governing body in a second class city, misses three consecutive regular meetings and is not excused.

(b) A vacancy in the office of mayor occurring six months before a regular election shall be filled by the governing body. 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 governing body is appointed mayor, the member shall resign the seat on the governing body. If a vacancy occurs more than six months before a regular election, the governing body shall call a special election to fill the unexpired term.

(c) Notwithstanding (b) of this section, a vacancy in the office of mayor of a second class city shall be filled by and from the council. A mayor appointed under this subsection serves the balance of the term to which appointed, except the mayor may serve only while a member of the council. (§ 7 ch 74 SLA 1985)

(b) The assembly is the school board for a third class borough. The mayor is the presiding officer of the assembly and president of the school board. However, the mayor may not veto an action of the school board. (§ 7 ch 74 SLA 1985)

(b) As determined by ordinance, members of a utility board are either appointed by the mayor and confirmed by the governing body or are elected at a regular election. The term of a utility board member is two years and until a successor is selected and qualifies. However, the governing body may by ordinance provide for a different term not to exceed four years. The current term of an elected incumbent may not be altered.

(c) Vacancies on a utility board are filled by the mayor. Executive appointments shall be confirmed by the governing body. A person appointed to fill a vacancy on a utility board serves until the expiration of the term for which appointed and until a successor is elected and qualifies.

(d) Unless otherwise provided by ordinance, a utility board shall

        (1) choose its chairman and secretary;

        (2) appoint the manager of the public utility for a term not longer than five years and set the manager's salary;

        (3) formulate and enforce the general rules and policies of the utility. (§ 7 ch 74 SLA 1985)

(b) Members of boards and commissions, except for members of the board of adjustment and assembly members serving on the board of equalization, are appointed by the mayor and confirmed by the governing body. (§ 7 ch 74 SLA 1985)

       (1) attend meetings of the governing body and its boards and committees as required and keep the journal;

       (2) have custody of the official municipal seal;

       (3) assure that notice and other requirements for public meetings are complied with and assure that public records are available for public inspection as required by law;

       (4) manage municipal records and develop retention schedules and procedures for inventory, storage, and destruction of records as necessary;

       (5) maintain an indexed file of all permanent municipal records, provide for codification of ordinances, and authenticate or certify records as necessary;

       (6) prepare agendas and agenda packets as required by the governing body;

       (7) administer all municipal elections;

       (8) assure that the municipality complies with 42 U.S.C. 1971-1974 (Voting Rights Act of 1965, as amended);

       (9) take oaths, affirmations, and acknowledgments as necessary;

       (10) act as the parliamentary advisor to the governing body;

       (11) perform other duties required by law, the governing body, or the chief administrator.

(b) The governing body may combine the office of clerk with that of treasurer. If the offices are combined, the clerk-treasurer shall, as required of the treasurer, give bond to the municipality for the faithful performance of the duties as clerk-treasurer. (§ 7 ch 74 SLA 1985; am § 1 ch 11 SLA 1992)

Effect of amendments. — The 1992 amendment, effective July 28, 1992, rewrote subsection (a).

(b) The treasurer shall give bond to the municipality in a sum that the governing body directs. (§ 7 ch 74 SLA 1985)

(b) Each municipal department is administered by a department head. With the consent of the governing body, the mayor may serve as head of one or more departments or a single administrator may serve as head of two or more departments. (§ 7 ch 74 SLA 1985)

(b) By ordinance the governing body may designate confidential or managerial positions that are wholly or partially exempt from the classified service. A wholly or partially exempt position is filled by a person who serves at the pleasure of the appointing authority and whose term of employment is determined by the appointing authority. (§ 7 ch 74 SLA 1985)

(b) A petition for the adoption of a manager plan shall meet the requirements of AS 29.26.110 - 29.26.160 except, instead of containing an ordinance or resolution, the application submitted under AS 29.26.110(a) must contain the question of whether a manager plan for the municipality should be adopted and material required under AS 29.26.120(a)(1) and (2) shall be replaced with the same question.

(c) If the clerk certifies under AS 29.26.140 that a petition is sufficient, the petition shall be submitted to the governing body. (§ 7 ch 74 SLA 1985; am § 4 ch 80 SLA 1989)

Effect of amendments. — The 1989 amendment, effective August 30, 1989, rewrote this section.

       (1) receives a petition to submit the question to the voters that has been certified as sufficient by the clerk; or

       (2) adopts a motion to submit the question to the voters. (§ 7 ch 74 SLA 1985; am § 5 ch 80 SLA 1989)

Effect of amendments. — The 1989 amendment, effective August 30, 1989, rewrote this section.

(b) The governing body shall notify the department of the adoption of a manager plan. (§ 7 ch 74 SLA 1985)

(b) Subject to the contract of employment, the manager holds office at the pleasure of the governing body. (§ 7 ch 74 SLA 1985)

     (1) appoint, suspend, or remove municipal employees and administrative officials, except as provided otherwise in this title and AS 14.14.065;

     (2) supervise the enforcement of municipal law and carry out the directives of the governing body;

     (3) prepare and submit an annual budget and capital improvement program for consideration by the governing body, and execute the budget and capital improvement program adopted;

     (4) make monthly financial reports and other reports on municipal finances and operations as required by the governing body;

     (5) exercise custody over all real and personal property of the municipality, except property of the school district;

     (6) perform other duties required by law or by the governing body; and

     (7) serve as personnel officer, unless the governing body authorizes the manager to appoint a personnel officer. (§ 7 ch 74 SLA 1985)

Effect of amendments. — The 1989 amendment, effective August 30, 1989, rewrote the first sentence and inserted "certification of the election approving" in the second sentence.

(b) Subject to AS 14.14.140, a state employee or school district employee may not be denied the right to serve as an elected municipal official because of employment by the state or a school district. For purposes of this subsection a school district employee is not a municipal employee.

(c) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985)

         (1) maps and descriptions of all annexed or detached territory;

         (2) a copy of the annual audit, or, for a second class city, an audit or statement of annual income and expenditures;

         (3) tax assessment and tax levy figures as requested;

         (4) a copy of the current annual budget of the municipality;

         (5) a summary of the optional property tax exemptions authorized together with the estimate of the revenues lost to the municipality by operation of each of the exemptions.

(b) Compliance with the provisions of this section is a prerequisite to receipt of municipal tax resource equalization assistance under AS 29.60.010 - 29.60.080 and priority revenue sharing for municipal services under AS 29.60.100 - 29.60.180.  If a municipality does not comply with this section, the department shall withhold the allocations until the required reports are filed.

(c) This section applies to home rule and general law municipalities. (§ 7 ch 74 SLA 1985; am § 2 ch 75 SLA 1997)

Effect of amendments.— The 1997 amendment, effective July 1, 1997, in subsection (b), substituted “priority revenue sharing for municipal services” for “state aid for miscellaneous municipal services” in the first sentence.