The assembly elected by the qualified voters of the municipality shall be composed of seven assembly members, one of whom shall be the mayor.
The governing body of the municipality shall be the assembly. Except as otherwise provided by law or this charter, the assembly shall exercise all powers of the municipality and shall provide for the performance of all duties and obligations imposed upon the municipality.
Municipal policy shall be set and stated upon a majority vote of the assembly. No elected or appointed municipal official shall advocate, as municipal policy, any position not authorized by the assembly.
(a)
Term. The Term of office of all assembly members except the mayor shall be three years. The term of office of the mayor shall be two years. Beginning in the year 2000, mayoral terms will begin and end in even-numbered years. Consequently, the mayor elected in 1999 will be elected for a one-year term.
(b)
Representation at First Election. At the first election under this charter, six assembly members and a mayor shall be elected. Two assembly members and the mayor shall be elected at large by the qualified voters of the municipality. Four shall be known as district assembly members; two each from Districts A and B. They shall be nominated and elected by the qualified voters of their respective districts which shall be as follows: The boundaries of District A shall be the same as the boundaries of the City and Borough of Sitka as they existed immediately prior to ratification of this charter. District B shall consist of all the area within the municipality excepting that in District A.
(c)
Terms of First Assembly Members. At this first election, two at large Assembly members shall be elected for a term of one year each. The one district Assembly member shall serve a three-year term, and the one district Assembly member from each district receiving the next highest number of votes shall be elected for a two-year term.
(d)
Representation at Subsequent Elections. At all subsequent regular elections, the election to fill positions of assembly members and mayor as their terms expire shall be at large and they shall be elected by the qualified voters of the municipality at large for three and two-year terms respectively.
Only a qualified voter of the municipality who has been a resident of the municipality for a least one year immediately preceding his/her election or appointment to office shall be qualified for elective municipal office. A district assembly member shall be a resident of the district from which he/she is elected at the time of his/her election and during his/her term.
The assembly shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witness, administer oaths and require production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand. Decisions made by the assembly under this section shall be subject to review by the courts.
The office of an elected municipal 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/her office.
An elected municipal official shall forfeit his/her office if he/she:
(1)
Is convicted of a felony or crime involving moral turpitude.
(2)
Fails to comply with all qualifications prescribed by this Charter.
(3)
Knowingly violates any prohibitions of this charter.
(4)
Fails to attend three consecutive regular meetings of the assembly without being excused by the assembly.
The assembly shall by ordinance provide the procedures for filling of vacancies. |
A vacancy shall be filled by the assembly which shall elect a qualified person within 20 days after the vacancy occurs to be acting Assembly member until the next regular election and until a successor is elected and qualified to fill the remainder of the unexpired term. |
The mayor shall preside at meetings of the assembly, shall be recognized as head of the municipal government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The mayor shall be a member of the assembly with all the powers and duties of that office.
The assembly shall meet immediately following certification of the election. At such meeting or within several days thereafter, the assembly shall elect from its membership a deputy mayor who shall act as mayor during the absence or disability of the mayor and if a vacancy occurs, shall become mayor for the remainder of the unexpired term. The assembly shall provide by ordinance for the interim order of succession of its members to the offices of mayor and deputy mayor.
The assembly by ordinance shall determine the salary of the mayor and other assembly members. An increase in salary shall not take effect until the assembly meeting following the regular election after the ordinance has been adopted. With the approval and authorization of the assembly, assembly members shall also receive their actual and necessary expenses incurred in the performance of their duties of office.
Mayors and assembly members elected or appointed for the first time after November 1, 1997 shall not accrue or receive municipal retirement or health benefits as a result of their service as mayor or assembly members.
The assembly shall meet regularly at least twice in every month at such times and places as shall be prescribed by rule. Special meetings may be held on the call of the mayor or of four or more members and, whenever practicable, upon no less than six hours notice to each member.
No action by the assembly shall have legal effect unless the motion for the action and the vote by which it is disposed of take place at proceedings open to the public.
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.
Four members of the assembly shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the assembly. No assembly action shall be valid or binding unless adopted by an affirmative vote of four or more members.
A roll call vote shall be taken on authorizations for the expenditures of funds and on the passage of ordinances. Upon request of an assembly member, a roll call vote shall be taken on any question, and a record of the ayes and nays shall be entered in the journal.
A vote by secret ballot shall be taken only to elect assembly officers and fill assembly vacancies.
Unless otherwise prohibited by this charter, each assembly member shall vote on each question before the assembly for consideration unless excused by an affirmative vote of all remaining assembly members able to vote on the question.
(a)
Other Public Office or Employment. After December 2, 1971 no elected municipal officer shall hold any other elective public office, municipal office, or municipal employment during his/her term of office, nor shall he/she hold any compensated appointive municipal office or municipal employment for a period of one year after vacating his office, other than membership on a board or commission, except an elected school board member may hold municipal employment, other than with the school district, during his/her term of office or for the period of one year after vacating his/her office. The relationship of independent contractor for goods or services established through competitive bidding does not constitute municipal employment for the purposes of this section.
(b)
Relationship with Employees. The assembly shall not recommend or direct the appointment or removal of any officer or employee of the municipal administration except as otherwise provided by this charter. Except for the purpose of inquiry, neither the assembly nor an individual assembly member may give, either publicly or privately, orders on administrative matters to a subordinate to the administrator.
(c)
Representation of Client. No assembly member may represent any client before any municipal department or agency.
(Amended October 3, 2023 Election)
The assembly may make investigations into the affairs of the municipality and the conduct of any municipality and municipal department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require 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.
(a)
Clerk. There shall be a municipal clerk. The clerk shall attend all assembly meetings, unless excused, keep the journal of its proceedings, give notice of assembly meetings to the members and the public and perform such other duties as may be assigned.
(b)
Advisors. The assembly may appoint special legal and financial advisors for bond issues and shall retain such legal counsel as it requires.
(c)
Municipal Attorney. There shall be a municipal attorney appointed who shall serve at the pleasure of the assembly.
(d)
Boards and Commissions. The assembly may appoint and establish by ordinance boards and commissions, which ordinance shall prescribe their duties, purpose and functions; also qualifications and condition of service of the appointed members. A quorum of any board or commission, and the number of members required to approve an action, shall be a majority of its membership.
(e)
Committee of the Whole. By ordinance the assembly may create, or designate itself to be a board of review, adjustment or equalization.
The assembly shall provide for an annual independent audit of the accounts and other evidences of financial transactions of the municipality and may provide for more frequent audits as it deems necessary.
The audit shall be made by a certified public accountant who has no personal interest, direct or indirect, in the fiscal affairs of the municipality or any of its departments.
The audit is the primary responsibility of the assembly, and this responsibility may not be delegated to the administrator/staff.