RULES OF PROCEDURE
Welcome to the Seldovia
This packet of information has been put together by the City Clerk's Office
to assist you as you carry out the duties of your elected office. Many
of the provisions set forth in the following pages have been taken from
the Seldovia City Code. These are generally followed by a citation in
brackets indicating the particular section of the Code which is being
quoted or paraphrased, i.e., (SC 2.04.040). Other provisions were approved
when the Council's Rules of Procedure were adopted or have been included
as general information.
The City of Seldovia
was incorporated as a Second Class City in 1945 and reclassified as a
First Class City in 1962. The City of Seldovia is presently a City Manager
form of Government. Alaska Statutes Title 29 governs the operations of
Regular City elections
are conducted on the first Tuesday in October. The City Clerk coordinates
the City election with the Kenai Peninsula Borough Clerk in order to lessen
confusion for the voters and to save money for both the City and the Borough.
Generally, the Mayor and Council are elected to three-year terms, with
two Council members elected each year. Occasionally, a vacancy occurs
prior to the end of the Mayor or Council member's term of office. In this
case, the Council fills the vacancy until a successor is elected at the
next regular election. If the vacancy occurs one or two years, or more
before the expiration of the term, the Clerk advertises a one-year or
two-year seat to be elected to fill the remainder of the term for that
particular seat. In order to qualify for any elective office in Seldovia,
a candidate must be registered to vote in City elections and must have
lived in the City of Seldovia for at least six months prior to filing
The City Council
enacts the laws of the City of Seldovia, approves the annual budgets of
the City, sets City policy and serves as an appeal board for actions taken
by City boards, commissions and the City Administration. In other words,
your function is to serve as the legislative body of the City. The City's
administrative functions are carried out by the City Manager. For instance,
you are setting policy when you adopt a budget for street plowing. However,
it is up to the City Manager and his staff to determine who is going to
do the plowing and which streets will be plowed first.
SC- stands for Seldovia
Code, as written in the Seldovia Municipal Code book.
AS- stands for Alaska Statute.
All regular meetings of the City Council are held in the Multi Purpose
Room at the Seldovia Library Building or at such other place as may be
determined by the City Council upon consideration of the reasonable accommodation
of the public. (SC 2.04.040)
The regular meetings of the City Council are held on the 2nd and 4th Wednesday
of each month at 7:30 p.m. (SC 2.04.040) The City Clerk opens the building
15 minutes prior to a meeting.
- OPEN TO THE PUBLIC
All meetings of the Council and of committees, commissions, boards or
agencies created or authorized by the Council or by this code, supported
in whole or in part by public funds, or entrusted with expending public
funds, shall be open to the public except as otherwise provided in Alaska
Statutes 44.62.310. (SC 2.04.030)
A. The Seldovia City Council consists of six members, two of whom are
elected each year at the election held annually on the first Tuesday of
October. Each Council member shall serve a term of three (3) years, and
until his or her successor is elected and qualified.
B. A City voter who has resided within the City limits for a period of
six (6) months is eligible to be a member of the City Council. (SC 2.04.010)
It shall be the duty of the Mayor to preside at meetings of the Council
and to participate in discussion of matters before the Council. (SC 2.08.050)
If the Mayor is unable to attend a Council meeting and five (5) members
are present, the Council shall elect one of its members to preside and
to perform the duties of Mayor for the meeting in question or the temporary
period involved. A person elected shall be known as "Acting Mayor." (SC
A. At all meetings of the Council, four (4) members shall constitute a
quorum for the transaction of business.
B. Four (4) affirmative votes are required for the passage of an ordinance,
resolution, or motion. (SC 2.04.050)
In the event
any member of the City Council departs from the City with the intent of
remaining absent for more than 90 days, or fails to attend three (3) consecutive
meetings of the City Council, the Council may declare the office of such
member vacant. (SC 2.12.050) Members of the Council may be excused from
attending a meeting of the Council by complying with this section. The
member must contact the City Clerk prior to the meeting and state the
reason for his inability to attend the meeting. The City Clerk will inform
the Presiding Officer of the request for an excused absence prior to the
meeting, and the Presiding Officer will rule whether the absence is excused
or unexcused. When calling the roll for the meeting, the Clerk will indicate
whether a member's absence was ruled to be excused or unexcused, and the
Clerk will make an appropriate notation in the minutes. If another Council
member questions the member's absence, the Presiding Officer will inquire
if there is a motion to excuse the member. This motion is non-debatable.
Upon passage of such motion by a majority of members present, the absent
member will be considered excused and the Clerk will make an appropriate
notation in the minutes.
If a majority
of the members are give at least 24 hours oral or written notice and reasonable
efforts are made to notify all members, a special meeting of the City
Council may be held at the call of the Mayor or at least one-third of
the members. A special meeting may be called with less than 24 hours notice
if all members are present, or if absent members have waived in writing
the required notice. Waivers 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 of the meeting. (SC 2.04.040)
A. All reports, ordinances, resolutions, contracts, documents or other
matters to be submitted to the Council at the regular meeting must be
submitted to the City Clerk not later than 12:00 Noon on the Friday preceding
the Wednesday meeting. The City Clerk prepares the agenda for all such
matters according to the order of business, numbering each item consecutively.
A copy of the agenda and supporting material will be available to the
Council members and the City Manager no later than 5:00 p.m. on the Friday
before the regular Council meeting. If you or your vehicle is not available
when the City Clerk delivers the packets it is your responsibility to
come pick it up on the next workday. The Clerk will not leave packets
on your doorstep due to the sensitive material sometimes contained in
them and certain weather factors that can damage them. The agenda packet
will be available for public inspection at 1:00 p.m. on the day of the
B. The Council has the option of deleting any item from the agenda or
deferring any item on the agenda to a subsequent Council meeting. Prior
to voting on approval of the agenda, an agenda item may be deleted or
deferred upon the request of a single Council member if there is no objection
from the remaining members. However, if any member objects, the member
wishing to delete or defer an agenda item must so move. This motion requires
a second and must receive four affirmative votes for approval.
C. Any additional items to be added to the agenda, matters that seem to
be emergencies or of an urgent need by the Mayor, any Council member,
or the City Manager, shall be submitted to the City Clerk by 12:00 p.m.
on the day of the meeting.
Executive sessions are that part of a public meeting from which the public
may be excluded. Executive sessions should be part of a regular or special
meeting, should state the purpose for the session with particularity,
and are generally permissible to:
1. Discuss matters that immediate knowledge of which would clearly have
an adverse effect upon the finances of the City;
2. Discuss subjects that tend to prejudice the reputation and character
of any person, provided the person may request a public discussion;
3. Discuss strategy for negotiation of labor and other contracts;
4. Discuss matters pertaining to threatened or pending litigation;
5. Evaluate the performance of the City Manager; or
6. Discuss other matters which by law, municipal code, or ordinance are
required to be confidential. The public may be excluded from an executive
session, but final action shall not be taken by the Council on any matter
discussed in an executive session until the matter is placed on the agenda
of a public meeting.
Upon written request of the Mayor, City Manager or any two members of
the City Council, the Council may hold work sessions for the purpose of
planning, studying and discussing any question permitted by law. Work
sessions need have no formal agenda and may be conducted informally. No
formal action may be taken by the Council on any matters discussed in
the work session until the matter is placed on the Council agenda for
a regular or special meeting. Work sessions generally are held in the
Multi Purpose Room of the Seldovia Library Building; however, the Council
may designate any other location for a particular work session provided
that consideration is given to the reasonable accommodation of the public.
RULES OF ORDER
Robert's Rules of Order shall be the authority on Parliamentary
rules and procedures of the Council. (SC 2.04.080)
CONFLICT OF INTEREST
A. Any member of the City Council having a substantial financial interest
in an official action shall declare such substantial financial interest
and ask to be excused from a vote on the matter.
B. The presiding officer of the City Council shall rule on a request by
a member of City Council to be excused from a vote on the basis of substantial
C. The decision of the presiding officer of the City Council, on a request
by a member of the Council to be excused from a vote, may be overridden
by the majority vote of the City Council; and
D. A municipal employee or official, other than a member of the City Council,
may not participate in an official action in which the employee or official
has a substantial financial interest.
resolutions, contracts, and items of business that require Council approval
shall be in the form of an affirmative motion. The affirmative vote of
four members of the Council is required for the passage of any motion
of the City Council.
ORDER OF BUSINESS
The following shall be the order of business at all meetings of the Council:
A. Call to Order and Roll Call;
B. Pledge of Allegiance;
C. Excused Absences;
D. Agenda Approval;
E. Approval of Minutes;
F. Public Hearing;
G. Ordinance Introduction;
H. Public Presentation, Prior Notice;
I. Committee and Advisory Board Reports;
J. City Manager's Report;
K. Other Business;
L. Public Presentation;
M. Manager, Council, and Mayor Comments;
N. Next Meeting;
COUNCIL BY THE PUBLIC
Public Hearings and Comment. A person desiring to address the Council
shall first secure the permission of the Presiding Officer to do so. All
remarks shall be addressed to the Council as a body and not to any member
thereof. No person other than a Council member and the person having the
floor shall be permitted to enter into any discussion without permission
from the Presiding Officer. All items presented by a citizen during public
testimony for consideration by the Council shall be retained by the Clerk.
Written testimony may be filed by submitting said statement to the City
Clerk at or before the time scheduled for the public hearing or discussion
of the item. No person or group shall disrupt a Council meeting.
Prior Notice. Anyone wishing to make a formal presentation to the
Council concerning any item not appearing on the agenda must give prior
written or verbal notice to the City Clerk no later than noon on the Friday
preceding the Wednesday meeting. Such notice shall set forth the name
of the person wishing to make the presentation and the nature of the proposed
communication in order that the same may appear on the agenda of the Council.
vote on all questions except upon an ordinance, resolution or substantive
motions shall be by viva voce unless two members of the Council call for
ayes and nays, in which event the roll call shall be called and the vote
by each member recorded by the clerk. All votes on ordinances, resolutions
or substantive motions shall be permanently recorded "yes" or "no" by
the clerk in the proceedings of the Council, except that if the vote is
unanimous it may be recorded "unanimous."
B. Each member of the governing body present shall vote on each question
unless permitted to abstain in accordance with AS 29.20.010. (SC 2.04.060)
The Mayor may appoint standing committees of the Council as necessary
or desirable and may appoint ad hoc committees to address specific topics.
Committees may make recommendations on proposed programs, services, ordinances,
and resolutions within their area of responsibility before action is taken
by the Council. The Committee Chair may present the recommendations of
the committee during the discussion of the item of business.
RESOLUTIONS, AND MOTIONS
A. ORDINANCE. An enacted ordinance is a legislative act prescribing
general, uniform, and permanent rules of conduct relating to the corporate
affairs of the municipality. Council action shall be taken by ordinance
when required by law, or to prescribe permanent rules of conduct which
continue in force until repealed, or where such conduct is enforced by
B. RESOLUTION. An enacted resolution is an internal legislative act which
is a formal statement of policy concerning matters of special or temporary
character. Council action shall by taken by resolution when required by
law and in those instances where an expression of policy more formal than
a motion is desired.
C. MOTION. An enacted motion is a form of action taken by the Council
to direct that a specific action be taken on behalf of the municipality.
A motion, once approved and entered into the record, is the equivalent
of a resolution in those instances where a resolution is not required
Resolutions are presented in writing in the form required by the Council.
A resolution may be introduced by a Council member, the Mayor or the City
Manager. A resolution may be voted on the same day it is introduced, and
most resolutions take effect the day they are passed. The title of each
resolution shall in all cases be read prior to its passage. Printed copies
of resolutions shall be made available at the Council meeting for public
A. Ordinances are introduced in writing in the form required by the Council.
An ordinance may be introduced by a member or committee of the Council,
the Mayor, or the City Manager. An ordinance shall be set for hearing
by the affirmative vote of a majority of the votes authorized on the question.
A summary of the ordinance and its amendments is published together with
a time and place for public hearing. The hearing follows posting by at
least five days. Copies of the ordinance must be available to all persons
present or the ordinance must be read in full. The Council shall hear
all interested persons wishing to be heard. After the hearing, the Council
shall consider the ordinance and may adopt it with or without amendment.
The Council shall print and make available copies of the adopted ordinances.
An ordinance takes effect upon adoption or on a later date specified in
the ordinance. (SC 2.28.010)
B. To meet a public emergency the Council may adopt ordinances effective
upon adoption. Every emergency ordinance must contain a finding by the
Council that an emergency exists and a statement of the fact upon which
the finding is based. The ordinance may be adopted, amended and adopted,
or rejected at the meeting at which it is introduced. The affirmative
votes of all members present, or the affirmative vote of three-fourths
of the total membership, whichever is less, is required for adoption.
The Council must print and make available copies of the adopted emergency
ordinances. An emergency ordinance may not be used to levy taxes, to grant,
renew or extend a franchise, or to regulate the rate charged by a public
utility for its services. Emergency ordinances are effective for sixty
days. (SC 2.28.030)
A vacancy on the City Council shall be declared and filled in accordance
with AS 29.20.170 and AS 29.20.180. (SC2.04.020)
1. Elective Offices
An elected municipal office is vacated under the following conditions
and upon the declaration of vacancy by the Council. The Council shall
declare an elective office vacant when the person elected:
A. Fails to qualify or take office within thirty days after election or
B. Is physically absent from the municipality for a ninety-day period,
unless excused by the Council;
C. Resigns, and his resignation is accepted;
D. Is physically or mentally unable to perform the duties of office, as
determined by two-thirds vote of the City Council;
E. Is removed from office;
F. Misses three consecutive regular meetings, unless excused;
G. Is convicted of a felony or of an offense involving a violation of
oath of office; H. Is convicted of a felony or misdemeanor described in
AS 15.56 and two-thirds of the members of the City Council concur in expelling
the person elected;
I. Is convicted of a violation of AS 15.13; or
J. No longer physically resides in the municipality and the City Council
by two-thirds vote declares the seat vacant. (SC 2.12.050) (AS 29.20.170)
Filling a Vacancy.
A. If a vacancy occurs in a governing body, the remaining members shall,
within 30 days unless a different period is provided by ordinance, appoint
a qualified person to fill the vacancy. If less than 30 days remain in
a term, a vacancy may not be filled.
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. (AS 29.20.180)
The City Manager, as chief administrator of the City, is responsible for
the following duties:
A. Appoint, suspend, or remove municipal employees and administrative
officers, except as provided in SC 2.12.020 Appointments. The City Manager
shall serve as the personnel officer.
B. Supervise the enforcement of the City Code and carry out the directives
of the City Council.
C. Prepare and submit an annual budget and capital improvement program
for consideration by the City Council, and execute the budget and capital
improvement program adopted.
D. Report monthly to the Council on the finances and other operations
of the City. E. Exercise custody over all real and personal property of
F. Perform other duties as directed by the Council. (SC 2.14.020)
The City Manager must attend all meetings of the Council unless excused
by the presiding officer or Council. The City Manager may take part in
the council's discussion on all matters on the agenda and otherwise concerning
the welfare of the City. All employees of the City are appointed by and
are responsible to the City Manager.
The City Clerk is the ex-officio Clerk of the Council and, in this role,
keeps the official records of the Council meetings, acts as the parliamentary
advisor to the Council and performs such other duties in the meeting as
may be required by the Mayor or Council. The Clerk administers all the
City elections, provides for the codification of all City ordinances,
is the custodian of all City records and the City Seal, provides administrative
support to the Mayor and Council, attests all deeds and other documents
of the City, and takes all oaths and affirmations as necessary. (SC 2.16.010)
The Treasurer is custodian of all City funds and is responsible for all
matters pertaining to the maintenance of all fund accounts of the City.
The Treasurer helps the City Manager compile the annual budget of the
City and controls it under direction of the City Manager, prepares and
submits such financial reports and other data as may be required, and
is responsible for payroll, purchasing and accounts payable, and utility
billing and collections. (SC 2.17.010)