The governing body of the Denali Borough shall be the Assembly. Except as otherwise provided by law or this Charter, the Assembly shall exercise all powers of the Denali Borough and shall provide for the performance of all duties and obligations of the Denali Borough.
1.
The Assembly elected by the qualified voters of the Denali Borough shall consist of seven (7) Assembly members with representation by district and at-large voting. The districts are composed of the following:
A.
District – 1 Seat – A
Generally described as:
Parks Highway (MP 224) Carlo Creek to the southern Denali Borough boundary (MP 202) and the portion of the Denali Highway contained within the Denali Borough including the community of Cantwell and Carlo Creek.
(See Assembly District – 1 on the Denali Borough Assembly Districts Map in Appendix A)[1]
Specifically described as:
The 2020 U.S. Census Blocks listed under Assembly District – 1 in Appendix A.
[1]
Editor's Note: Appendix A District Map and Census Blocks is included as an attachment to this title.
B.
District – 2 Seat – B
Generally described as:
Parks Highway Nenana River Bridge (MP 242.9) south to Carlo Creek (MP 224) including the communities of McKinley Village, Denali National Park Headquarters, and the Nenana Canyon.
(See Assembly District – 2 on the Denali Borough Assembly Districts Map in Appendix A)
Specifically described as:
The 2020 U.S. Census Blocks listed under Assembly District – 2 in Appendix A.
C.
District – 3 Seats – C, D, & E
Generally described as:
West side of the Parks Highway from Rock Creek (MP 261.3) to Nenana River Bridge (MP 242.9) and East side of the Parks Highway from Dry Creek (MP 249.8) to the Nenana River Bridge (MP 242.9) including the communities of Otto Lake, Healy, Lignite, Ferry and Rock Creek.
(See Assembly District – 3 on the Denali Borough Assembly Districts Map in Appendix A)
Specifically described as:
The 2020 U.S. Census Blocks listed under Assembly District – 3 in Appendix A.
D.
District – 4 Seat – F
Generally described as:
East side of the Parks Highway from MP 272.5 to Dry Creek (MP 249.8) and West side of the Parks Highway from MP 278 to MP 261.2 including the communities/subdivisions of Panguingue Creek, Slate Creek, June Creek and Windy Creek.
(See Assembly District – 4 on the Denali Borough Assembly Districts Map in Appendix A)
Specifically described as:
The 2020 U.S. Census Blocks listed under Assembly District – 4 in Appendix A.
E.
District – 5 Seat – G
Generally described as:
Northern boundary of the Denali Borough (MP 288 Parks Highway) south to East side of the Parks Highway at MP 272.5 and West side of the Parks Highway at MP 278 including the communities of Kobe, Clear and the city of Anderson.
(See Assembly District – 5 on the Denali Borough Assembly Districts Map in Appendix A)
Specifically described as:
The 2020 U.S. Census Blocks listed under Assembly District – 5 in Appendix A.
As the need arises, reapportionment and redistricting changes will take place by Assembly ordinance.
(Ord. 01-12 § 2; Ord. 04-11 § 2; Ord. 11-18 § 2; Ord. 22-07 § 2)
1.
Term. Each Assembly member shall be elected to three (3) year staggered terms. For the initial election, seats B, F and G will be one (1) year terms; seats C, D and H will be two (2) year terms, and seats A, E and I will be three (3) year terms. Thereafter all seats will be for three (3) year terms.
2.
Election. Assembly members shall be elected by qualified voters of their district and shall be residents of the district to which the seat they seek is assigned. An Assembly member so elected represents all the voters of the Denali Borough.
3.
The Assembly may, by ordinance, adopt additional procedures pertaining to the nominations and election of Assembly members.
1.
Only a qualified voter of the Denali Borough, who has been a resident of the Denali Borough for at least one (1) year immediately preceding his election, or appointment to office, shall be qualified for elective Denali Borough office.
2.
No Assembly member may hold any other compensated Denali Borough office or employment, or elected partisan political office, while serving on the Assembly, unless otherwise provided by an ordinance ratified by the voters of the Denali Borough.
3.
An Assembly member shall be a resident of the district to which the member's seat is assigned at the time of the member's election or appointment.
4.
An Assembly member who ceases to be a resident of the district to which the member's seat is assigned immediately forfeits his or her office.
1.
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 this Charter, or by forfeiture of his or her office.
2.
An elected Denali Borough official shall forfeit his or her office if he or she:
A.
Fails to comply with all qualifications prescribed by this Charter;
B.
Fails to qualify or take office within thirty (30) days after election or appointment;
C.
Fails to attend three (3) consecutive regular meetings of the Assembly without being excused by the Assembly;
D.
Is physically absent from the Denali Borough for ninety (90) consecutive days unless excused by the governing body;
E.
Resigns and the resignation is accepted;
F.
Is physically or mentally unable to perform the duties of office as determined by a two-thirds vote of the governing body;
G.
Is convicted of a felony or of an offense involving a violation of the oath of office;
I.
No longer physically resides in the Denali Borough or election district; and the governing body by two-thirds vote declares the seat vacant;
3.
The Assembly shall by ordinance provide the procedures for filling of vacancies.
1.
The Assembly shall meet within thirty days following certification of the election. At such meeting the Assembly shall elect from its membership a Presiding Officer and a deputy Presiding Officer to serve at the pleasure of the members and do such other acts as may be required for its organization and for the conduct of business.
2.
The Assembly shall, by ordinance, determine its own rules and order of business and shall maintain a journal of its proceedings as a permanent public record.
The Assembly, by ordinance, shall provide for compensation of the Assembly members. An increase in compensation shall not take effect until the Assembly meeting following the regular election after the ordinance has been adopted.
1.
The Assembly shall hold at least one regular meeting every month, which shall be rotated among the four major communities, i.e., Anderson, Healy, McKinley Park and Cantwell, at a time and place as it may prescribe unless otherwise provided by ordinance.
2.
The Mayor or any three Assembly members may call a special meeting of the Assembly if a majority of the Assembly members are given at least 24 hours' oral or written notice and reasonable efforts are made to notify all members. A special meeting may be conducted with less than 24 hours' notice if all Assembly members are present or if all 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.
3.
All meetings of the Assembly shall be public and the public shall have reasonable opportunity to be heard. At all meetings, closed or executive sessions shall only be held pursuant to law.
4.
A majority of the total membership of the Assembly authorized by this Charter shall constitute 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 less than a quorum may recess or adjourn the meeting to a later time or date.
5.
Ordinances and resolutions of the Assembly are adopted by a majority of the total membership of the body. All motions involving legal actions or contracts requiring Assembly approval shall be 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."
6.
Each Assembly member in attendance at an Assembly meeting shall vote on all questions presented at the meeting, unless prohibited from doing so by this Charter.
(Ord. 93-14 § 2; Ord. 21-13 § 3; Ord. 22-05 § 3)
1.
No elected official of the Denali Borough shall hold any other elective public office, or any other Denali Borough office during his or her term as an elected official of the Denali Borough. No elected official of the Denali Borough shall hold any compensated appointive Denali Borough office, other than membership on a board or commission, for a period of one year after vacating his of her elective office.
2.
The Assembly shall not recommend or direct the appointment or removal of any officer or employee of the Denali Borough administration except as otherwise provided by this Charter. Except for the purpose of inquiry, neither the Assembly nor an individual Assembly person may give, either publicly or privately, orders on administrative matters to a subordinate of the Mayor.
3.
No Assembly person may represent any client before any Denali Borough department or agency.
1.
The Assembly may make investigations into the affairs of the Denali Borough and the conduct of any Denali Borough department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Assembly shall be guilty of a misdemeanor.
2.
The Assembly may by ordinance create boards and commissions pursuant to this section for the purpose of inquiries and investigations. The members of such boards and commissions shall be appointed by the Assembly.
1.
There shall be a Denali Borough Clerk appointed by the Mayor and confirmed by the Assembly. The clerk shall attend all Assembly meetings, unless excused, keep a journal of its proceedings, give notice of Assembly meetings to the members and the public and perform such other duties as may be assigned.
2.
The Assembly may appoint special legal and financial advisors for bond issues and shall retain legal counsel as it requires.
3.
There shall be a Denali Borough Attorney hired by the Mayor when needed and be subject to confirmation by the Assembly.