The assembly elected by the qualified voters of the Denali Borough shall consist of seven assembly members with representation by district and at-large voting. The districts are as set forth in the Denali Borough Charter, Section 2.02.
(Code 1989 § 5-1; Ord. 06-12 § 2; Ord. 12-05 § 2; Ord. 23-16 § 3)
A. 
The regular election for assembly members and other elected borough officials shall be held as specified in DBC § 8.05.040, or on any other date to coincide with the state election. Questions or propositions may be placed on the ballot at this time. Notice of the election must be posted in three public places for 30 days preceding the date of election.
B. 
Terms. Each assembly member shall be elected to three-year staggered terms. Beginning the 2023 regular election, seats B, F and G will be one-year terms; seats C and D will be two-year terms, and seats A and E will be three-year terms. Thereafter all seats will be for three-year terms. An assembly member's term begins the first meeting following the certification of elections and upon qualification.
(Code 1989 § 5-3; Ord. 23-16 § 3)
All officers, whether elected or appointed, before entering upon the duties of office shall affirm orally and in writing the following oath or affirmation:
I _____________, do solemnly swear (or affirm) that I will support the Constitutions and laws of the United States and the State of Alaska, and the laws and ordinances of the Denali Borough, Healy, Alaska, and that I will honestly, faithfully and impartially discharge my duties as ____________ to the best of my ability.
The oath is filed with the borough clerk.
(Code 1989 § 5-4)
Assembly members may receive compensation at the rate of $200.00 per month with the presiding officer receiving an additional $50.00 per month. The assembly may change this by ordinance. An increase in compensation shall not take effect until the assembly meeting following the regular election after the ordinance has been adopted. Per diem payments or reimbursements for expenses are not compensation under this section.
(Code 1989 § 5-5; Ord. 92-03 § 2; Ord. 06-19 § 2; Ord. 12-06 § 2)
Assembly members have authority only when acting as an assembly in session. The assembly shall not be bound by statements or actions of an individual assembly member or employee of the borough except when such statement or action is in accordance with the instructions of the assembly as recorded in meeting minutes.
(Ord. 11-08 § 2)
If an assembly member has a substantial financial interest in an official action, the assembly member shall declare that interest and ask to be excused from a vote on the matter. The procedures detailed in DBC § 2.40.060 shall be followed. Refer to DBC § 2.40.060 for conflicts of interest, prohibitions and disclosure in general.
(Code 1989 § 5-6)
A. 
Denali Borough assembly members shall submit a financial and business disclosure form in accordance with and as required by Chapter 1.30 DBC.
B. 
Participation in all borough governmental activities without the required disclosure by assembly members is prohibited.
(Code 1989 § 5-7; Ord. 08-24 § 2)
Vacancies and forfeitures of office have the meaning set forth in Section 2.05 of the charter of the Denali Home Rule Borough.
A. 
The office of an elected Denali Borough official shall become vacant upon death, resignation, removal from office in any manner authorized by law or by forfeiture of his or her office.
B. 
An elected borough office is vacated under the following conditions. The assembly shall declare an elective office, other than the office of mayor, vacant when the person elected:
1. 
Fails to qualify or take office within 30 days after his election or appointment;
2. 
Is physically absent from the borough for 90 consecutive days unless excused by the assembly;
3. 
Resigns and his resignation is accepted;
4. 
Is physically or mentally unable to perform the duties of his office as determined by a two-thirds vote of the assembly;
5. 
Is convicted of a felony or 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 assembly concur in expelling the person elected;
7. 
Is convicted of a violation of AS 15.13;
8. 
No longer physically resides in the borough and/or the election district and the assembly by a two-thirds vote declares the seat vacant;
9. 
If a member of the assembly misses three consecutive regular meetings and is not excused; or
10. 
Fails to comply with all qualifications prescribed by this code.
(Code 1989 § 5-8; Ord. 94-20 §§ 1, 3; Ord. 02-12 § 2; Ord. 12-05 § 2)
A. 
An official who is elected or appointed to an elective borough office may be recalled by the voters after the official has served the first 120 days of the term for which elected or appointed.
B. 
Grounds for recall are misconduct in office, incompetence or failure to perform prescribed duties.
C. 
Procedures to be followed for a recall petition and election are those set out in AS 29.26.260 through 29.26.340.
D. 
If an assembly member is recalled, that office is filled in accordance with DBC § 2.05.100. If all members of the assembly are recalled, the governor shall appoint three qualified persons to the assembly. The appointees shall appoint additional members to fill remaining vacancies in accordance with DBC § 2.05.100. A person appointed to the assembly serves until a successor is elected and takes office.
E. 
If an official other than a member of the borough assembly is recalled, a successor shall be elected to fill the unexpired portion of the term. The election shall be held on the sixth Tuesday after the date the recall election is certified, except that if a regular election occurs within 75 days after certification the successor shall be chosen at that election. Nominations for a successor may be filed until seven days before the last date on which a first notice of the election must be given. Nominations may not be filed before the certification of the recall election.
(Code 1989 § 5-9)
A. 
If a vacancy occurs in the assembly, the remaining members shall, within 60 days, appoint a qualified person to fill the vacancy. If less than 60 days remain in a term, a vacancy may not be filled.
B. 
Notwithstanding subsection 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. 
The person appointed under this section serves until the next regular election, when a successor shall be elected to serve the balance of the term, if any.
D. 
The clerk shall prepare a notice stating that a vacancy has occurred for a specific seat and advising interested members of the public as to the procedure for filing as a candidate for appointment.
E. 
The applicant for appointment shall file a declaration of candidacy with the borough clerk. An applicant must reside within and be a registered voter of the borough election district for which the appointment is sought. The clerk shall forward to the assembly all qualified declarations received and the assembly shall choose one person from the applicants submitted.
F. 
The vote shall be by identifiable ballot. This will be a sheet of paper, provided by the clerk, containing the assembly member's name at the top and 10 numbered blank lines. One line would be used for each round of voting and additional lines added if needed. After each round of voting the clerk will collect the ballots and announce the results. The results will be recorded in the minutes of the meeting by candidate and who voted for that candidate. The ballots will be retained by the clerk until the meeting minutes containing the voting results have been approved by the assembly.
G. 
If there are more than two candidates and no candidate receives the vote of the majority, the lowest vote getter shall be eliminated on successive ballots until there are only two candidates or one candidate receives a majority. In the event of a tie vote between two candidates, the assembly shall vote a second time to break the tie. If the second vote does not break the tie, the presiding officer shall break the tie by drawing of lots.
(Code 1989 § 5-10; Ord. 12-05 § 2)