[1]
Editor's note — Former § 4.40.010, Air pollution control commission, was repealed.
Prior history: AO No. 79-80(AM).
[1]
Editor's note — Former § 4.40.015, animal control appeals board, was repealed.
Prior history: AO No. 83-97, 11-21-1983; AO No. 86-39, 7-15-1986; AO No. 89-25(S); AO No. 91-85(S-1); AO No. 92-75(S); AO No. 96-134(S-2), 7-1-1997; AO No. 2004-96 6-8-2004; AO No. 2011-64(S-1), 6-28-2011; AO No. 2011-81, 8-30-2011; AO No. 2015-55, 5-26-2015.
A.
There is established an Alaska port commission with powers and duties more specifically set forth in Title 11.
(CAC 12.04.010—12.04.050; AO No. 95-223, § 1, expires 1-20-1998; AO No. 99-7, § 1, 1-26-1999, expires 1-20-2002; AO No. 2001-189, § 2, expires 1-20-2005; AO No. 2004-96, § 1, 6-8-2004; AO No. 2011-64(S-1), § 3, 6-28-2011; AO No. 2012-60(S), § 1, 10-9-2012; AO No. 2015-61, § 1, 10-13-2015; AO No. 2017-122(S), § 10, 10-24-2017; Ord. No. 2018-47, § 1, 10-9-2018; AO No. 2021-60(S), § 1, 10-12-2021; AO No. 2024-65, § 1, 10-8-2024)
A.
There is established a board of building regulation examiners and appeals with powers and duties more particularly set forth in Title 23. The board may also be called the building board.
B.
The board shall consist of a pool of no less than 11 and up to 15 members, as more particularly described in section 23.10.103.4.
(AO No. 50-75; AO No. 98-86, § 1, 6-2-1998; AO No. 2011-64(S-1), § 3, 6-28-2011; AO No. 2012-31(S), § 1, 3-13-2012; AO No. 2012-60(S), § 2, 10-9-2012; AO No. 2012-125(S), § 1, 1-15-2013; AO No. 2015-61, § 2, 10-13-2015; Ord. No. 2018-47, § 2, 10-9-2018; AO No. 2021-60(S), § 2, 10-12-2021; AO No. 2024-65, § 2, 10-8-2024)
[1]
Editor's note — Former § 4.40.060, Board of mechanical examiners and appeals, was repealed.
Prior history: CAC 14.52.250, 14.56.040; AO No. 87-21.
(AO No. 255-76; AO No. 84-33; AO No. 84-83; AO No. 95-223, § 1, expires 1-20-1998; AO No. 99-7, § 1, 1-26-1999, expires 1-20-2002; AO No. 2001-189, § 2, expires 1-20-2005; AO No. 2004-96, § 1, 6-8-2004; AO No. 2011-64(S-1), § 3, 6-28-2011; AO No. 2011-81, § 1, 8-30-2011)
(AO No. 69-75; AO No. 95-223, § 1, expires 1-20-1998; AO No. 99-7, § 1, 1-26-1999, expires 1-20-2002; AO No. 2001-189, § 2, expires 1-20-2005; AO No. 2004-96, § 1, 6-8-2004; AO No. 2011-64(S-1), § 3, 6-28-2011; AO No. 2011-81, § 1, 8-30-2011)
(GAAB 21.30.130; AO No. 95-223, § 1, expires 1-20-1998; AO No. 99-7, § 1, 1-26-1999, expires 1-20-2002; AO No. 2001-189, § 2, expires 1-20-2005; AO No. 2004-96, § 1, 6-8-2004; AO No. 2011-64(S-1), § 3, 6-28-2011)
A.
There is established a municipal prefunding investment board ("investment board"), consisting of five members, as more particularly set forth in section 3.88.030.
B.
The mayor, subject to assembly confirmation, shall appoint all members. All appointments shall be for three-year terms.
(AO No. 2011-64(S-1), § 3, 6-28-2011)
(CAC 2.64.480; AO No. 95-223, § 1, expires 1-20-1998; AO No. 99-7, § 1, 1-26-1999, expires 1-20-2002; AO No. 2001-189, § 2, expires 1-20-2005; AO No. 2004-96, § 1, 6-8-2004; AO No. 2011-64(S-1), § 3, 6-28-2011; AO No. 2011-81, § 1, 8-30-2011)
(CAC 2.64.520—2.64.540; AO No. 81-180; AO No. 82-167; AO No. 84-30; AO No. 85-160, 1-8-1986; AO No. 97-145, § 1, 12-9-1997; AO No. 2000-114, § 1, 1-9-2001; AO No. 2004-68, § 1, 4-13-2004; AO No. 2004-96, § 1, 6-8-2004; AO No. 2011-64(S-1), § 3, 6-28-2011; AO No. 2013-69, § 1, 10-8-2013; AO No. 2016-60, § 1, 10-4-2016; AO No. 2019-71, § 1, 10-8-2019; AO No. 2022-65, § 1, 10-11-2022; AO No. 2025-77, § 1, 10-7-2025)
(CAC 21.30.250; AO No. 95-223, § 1, expires 1-20-1998; AO No. 99-7, § 1, 1-26-1999, expires 1-20-2002; AO No. 2001-189, § 2, expires 1-20-2005; AO No. 2004-96, § 1, 6-8-2004; AO No. 2011-64(S-1), § 3, 6-28-2011)
[1]
Editor's note — Former § 4.40.135, Food facility waiver review advisory commission, was repealed.
Prior history: AO No. 91-153(S); AO No. 2011-64(S-1), 6-28-2011.
[1]
Editor's note — Former § 4.40.140, Anchorage Telephone Utility labor board, was repealed.
Prior history: AO No. 91-173(S); AO No. 97-144; AO No. 2011-64(S-1), 6-28-2011.
A.
Establishment. There is hereby established an on-site water and wastewater technical review board. The board shall have the powers and duties set forth in this chapter.
B.
Powers and duties. The board shall:
2.
Hear and decide appeals related to chapters 15.55 and 15.65 from department decisions under section 15.05.090. The scope of review shall be whether the department's decision is arbitrary and capricious based on a clear and consistent application of the standards established in the applicable code sections. The board may consider evidence in addition to the record on appeal;
3.
Review fee schedules proposed by the development services department in chapter 23.10, Table 3-L—On-site services fees and advise the assembly as to appropriateness;
4.
Promote community education efforts toward proper operation and maintenance of on-site systems in cooperation with the department;
5.
Promote continuing education of engineers, manufacturers, septic installers, septic pumpers, well drillers and well pump installers toward proper design, construction and maintenance of on-site systems in cooperation with the department;
6.
Promote and encourage research and demonstration of alternative experimental methods of on-site wastewater treatment systems;
7.
Recommend an acceptable criteria for approving experimental systems as conventional systems and advise the department or assembly as to needed changes in regulations or ordinances to accommodate the new types of systems; and
8.
Conduct investigations and hearings necessary to accomplish the purposes described in this subsection.
C.
Composition; organization; term of office. The board shall consist of seven members, all of whom shall be knowledgeable of on-site water and wastewater disposal systems.
1.
One of the members shall reside in the northerly part of the municipality north of Northern Lights Boulevard and its extension including Eagle River and beyond, in a home served by on-site water and wastewater disposal systems.
2.
One member shall reside in the southerly part of the municipality south of Northern Lights Boulevard and its extension including Girdwood, in a home served by on-site water and wastewater disposal systems.
3.
One member shall be a professional knowledgeable in real estate, waterborne diseases, hydrology, geology or soil science.
4.
At least three of the members shall be engineers.
5.
Members shall be appointed by the mayor for terms of three years. All appointments shall be subject to confirmation by the assembly. Terms shall be staggered.
6.
The director of community development or designee shall act as secretary to the board.
(AO No. 86-21; AO No. 90-48(S-1); AO No. 96-152, § 3, 12-17-1996; AO No. 2002-151, § 1, 12-17-2002; AO No. 2002-117, § 1, 1-28-2003; AO No. 2004-96, § 1, 6-8-2004; AO No. 2011-64(S-1), § 3, 6-28-2011; AO No. 2013-69, § 2, 10-8-2013; AO No. 2016-76(S), § 1, 7-12-2016; AO No. 2016-60, § 2, 10-4-2016; AO No. 2017-129, § 1, 1-23-2018; AO No. 2019-71, § 2, 10-8-2019; AO No. 2022-65, § 2, 10-11-2022; AO No. 2025-77, § 2, 10-7-2025)
A.
Establishment and purpose. There is hereby established a board of trustees ("board") to provide fiduciary oversight and direction to the MOA Trust Fund ("trust") described within section 6.50.060. The board of trustees is authorized to operate under the authority of Municipal Charter section 13.11, as approved by a majority of qualified voters of the Municipality of Anchorage ("municipality") at the April 4, 2023 municipal election.
B.
Board profile and formation.
1.
Qualifications. Prospective board candidates, except the chief fiscal officer who serves as a permanent board member and is subject at the beginning of their employment to a separate formal confirmation process by the municipal assembly, shall be appointed by the mayor and confirmed by the municipal assembly. The assembly may consider such factors as it deems appropriate, including, but not limited to the candidate's summary of their qualifications and experience in similar positions of responsibility, such as experience as a trustee or participation in institutional investing, particularly involving multiple asset classes, the management of financial institutions, or similar highly relevant experience. Prior to nomination or confirmation of appointment, all board candidates, except the chief fiscal officer, shall be subject to background check by the human resources department according to standard criteria and to an additional background check by the finance department utilizing publicly available finance and investment related regulatory and enforcement agencies including but not limited to FINRA and SEC posted information.
2.
Composition. The board shall consist of seven members with staggered designated terms as described in subsection B.4 of this section. The seven members of the board shall be comprised of the following:
a.
The chief fiscal officer shall be a fully empowered voting board member as a permanent seat.
b.
A majority of the board shall be external members not employed by the municipality (i.e., at least four but no more than five members of a seven member board). External board members shall be residents of the municipality during their tenure on the board.
c.
A minority of the board shall be internal members in active employment status with the municipality (i.e., at least one but no more than two members of a seven member board in addition to the chief fiscal officer). The internal board members shall serve on the board for their appointed term as long as they remain in active employment status with the municipality.
The permanent seat held by the chief fiscal officer under chapter 6.50, may be temporarily filled by a formally designated, fully empowered individual acting on behalf of or in the absence of the chief fiscal officer, following formal notification to the assembly by memorandum. In the absence of the chief fiscal officer and a formal designation, the chief fiscal officer's seat shall be filled by the municipal treasurer, but not by any person simultaneously serving as the trust manager. The role of the chief fiscal officer as a board member is further described in subsection C.12 of this section. Except for the chief fiscal officer seat, no other board members may designate another person to act on their behalf on the board.
The trust manager as defined in section 6.50.060 shall not be eligible to serve on the board.
3.
Selection. All board members shall be appointed to the board consistent with the terms of the Municipal Charter. Board seats shall be filled sufficiently to hold a quorum and operate in a fully functioning capacity within one year of the certified April 4, 2023 municipal election results.
4.
Terms.
a.
Board members, excepting the chief fiscal officer, shall serve four-year terms commencing on October 15 of the year in which appointed and ending four years thereafter on October 14.
b.
To avoid a vacancy until new appointments can be made and confirmed, an appointed board member shall continue to serve until a replacement is seated, except in the case of a member removed in accordance with subsection C.5 of this section. In the event of a vacancy among the board members, a replacement shall be appointed in the manner set forth in this section and shall serve the unexpired term of the member replaced.
c.
Internal board members in active employment status with the municipality shall serve only so long as they remain employed as such.
d.
Appointed members are subject to a term limit of two consecutive full terms beginning when a board member has been appointed to a full four-year term. Time served by a board member during any initial stub term less than four years shall not be counted in connection with the term limit. After serving two consecutive full terms, the same member may be appointed to the board if four full years have transpired since their previous term limit date.
e.
Member terms shall be staggered so that not more than four member terms expire each year. The first three appointed board members, comprised of two external board members and one internal member, shall initially serve stubbed terms of two years for seat one, seat two, and seat three. The remaining three appointed board member seats, seats four, five, and six, will be appointed to full four-year terms.
5.
Removal. In addition to the process established in AMC Section 4.05.065, the board may recommend removal of a member for good cause by a vote of three-fourths of the board members who are not the subject of the removal proceeding. Such a vote by the board shall constitute a request to the mayor and assembly to initiate an ethics board review and removal of the member per AMC Section 4.05.065. For the purposes of this section, good cause shall mean fraudulent or dishonest acts, gross neglect of duty, or gross abuse of authority. Examples of potential removal for cause reasons include but are not limited to:
a.
Is convicted of or pleads guilty or no contest to a misdemeanor, felony, or regulatory inquiry involving theft, embezzlement, deception, or other acts of dishonesty;
b.
Any breach of fiduciary duty;
d.
Non-disclosure of material conflict of interest; or
e.
Failure to serve as a committed member by lack of preparation, inconsistent meeting attendance and not performing an active role in board discussions.
C.
Powers and duties.
1.
The sole and exclusive administration of, and the responsibility for, the proper and effective operation of the trust is vested in the board. The board shall oversee and direct the functioning of the trust as set forth in this chapter and shall be the final authority in all matters pertaining to the application, interpretation and administration of the provisions of this chapter.
2.
All board members shall serve without compensation, but they shall be reimbursed from the trust for necessary expenses authorized by the board. External board members are eligible to receive $300.00 of stipend for reasonable expenses of attendance including but not limited to mileage for each board meeting attended, not to exceed 12 meetings per year. All other expenses must be preapproved by the board and be reasonably necessary to the function of the board. The board shall, by uniform rule, establish a policy for reimbursement for travel and other expenditures incurred by board members in the course of their duties. Directors and officers insurance may be provided to board members to cover personal liability in accordance with board member duties under this section and specifically AMC Section 4.40.170E may be an allowable expense at the discretion of the board.
3.
The board shall defer to the municipal attorney regarding all legal matters, including advice, representation and procurement and use of specialized outside legal counsel. The board is not empowered to directly file or involve itself in any lawsuit without coordination and approval first received from the municipal attorney.
4.
The board and its trustees shall be deemed as fiduciaries of the trust and shall discharge their responsibilities consistent with the Uniform Prudent Investor Act of 1994. Board members shall exercise their fiduciary duties with judgment and care under the circumstances then prevailing that an institutional investor of ordinary prudence, discretion and intelligence exercises in the designation and management of large investments entrusted to it, not in regard to speculation, but in regard to the permanent disposition of funds, considering preservation of the purchasing power of the Trust over time while maximizing the expected total return from both income and the appreciation of capital.
5.
The board shall maintain an investment policy which constitutes the board's overall investment philosophy, as well as other related policies as necessary for the effective management and investment of the assets of the trust.
6.
At such time as the board deems the magnitude and complexity of the trust's investment portfolio to warrant additional internal or external staff resources or expertise, the board shall work with the chief fiscal officer to obtain such staff or expertise.
a.
The board's oversight and management of staff shall be consistent with existing guidance in AMC Chapter 3.30 and personnel rules, as applicable.
b.
The board is authorized to assume a primary role in the hiring, supervising, and termination of any such newly added ongoing internal or contracted personnel resource.
c.
Should the board retain its own investment staff, the board will be responsible for management and oversight of the responsibilities related to personnel, compensation, succession planning, and development for all investment staff.
d.
The board may delegate responsibilities to investment staff they directly hire as permitted by governance documents.
7.
The board shall establish written governance policies and board standards as it deems necessary to ensure effective operation of the affairs of the board, in accordance with AMC Section 4.05.120, including but not limited to consideration of subject areas such as potential board member fiduciary directors and officers insurance, financial disclosure practices, report filing expectations regarding potential economic interest conflicts per AMC Section 1.15.100, potential periodic financial industry background checks for all board members (e.g., FINRA, SEC, and other financial industry regulatory bodies responsible for disciplinary actions) or expectation of self-disclosure of negative regulatory action taken against board member.
8.
The board shall proactively create and maintain formal succession and continuity plans to ensure board membership, trust manager and other municipal personnel resources are sufficient to maintain proper levels of oversight and support for the trust.
9.
The board shall monitor and evaluate changes in legislation and regulations in consultation with the municipal attorney or the trust's investment consultant to ensure compliance with all applicable laws and regulations.
10.
Notwithstanding any other provision of the Municipal Code, except for limitations imposed in AMC title 7 and subsection C.3 in this section, the board, in consultation with the trust's investment consultant and trust manager, shall have the authority to acquire, retain and compensate various third party professional services including but not limited to custodian bank, investment manager, specialized legal and accounting services, and other technical or professional staff as may be necessary to fulfill the board's fiduciary responsibilities.
11.
Four members of the board shall constitute a quorum for the transaction of business. Action by the board under the terms of section 6.50.060 shall require the favorable vote of four members of the board.
12.
The chief fiscal officer as a permanent board member shall have the following role and responsibilities:
a.
Ensure that appropriate financial, operational, and internal controls and procedures including relevant Charter, Code and Finance Department Policies and Procedures are in place to safeguard the assets of the trust;
b.
Provide staff to the board; and
c.
Monitor the trust manager's execution of board approved actions affecting the trust.
13.
In the absence of specific policies or procedures adopted by the board, or specifically delineated sections of municipal code tailored to the board, existing municipal code, policies and procedures will be utilized as default.
D.
Board operation and communication.
1.
The board shall meet no less than quarterly and all meetings shall be publicly noticed pursuant to AMC Section 1.25.015 and Chapter 4.05 except as follows:
2.
The board chair shall be selected by an affirmative majority vote of seated board members. The chief fiscal officer seat is ineligible to serve as chair.
3.
Board chair role and duties:
a.
Serve as presiding officer at board meetings.
b.
Coordinate board meetings, agendas, schedules and presentations in consultation with the trust manager cited in AMC Section 6.50.060.
c.
Timely review past meeting minutes and present for approval to the full board.
d.
Facilitate effective and open communications between board and trust manager, along with maintaining effective relationships with external stakeholders and service providers.
e.
Review and approve travel and other expense reimbursement for board members.
f.
Co-serve as official spokesperson, along with trust manager, for matters concerning the trust.
g.
Ensure that the board meets its obligations and fulfills its governance and fiduciary responsibilities by coordinating with trust manager to propose for board approval a set of board standards, including a code of conduct, acknowledgement of governing laws and rules, adhering to confidentiality and ethics rules and actions to be taken to rectify potential breach of standards.
h.
Review and assess the performance of the board and the adequacy of governance documents annually and recommend proposed changes to approval by the board.
i.
Provide feedback to chief fiscal officer on performance of trust manager and supporting staff.
j.
Carry out any other duties and responsibilities as assigned by the board.
E.
Monitoring, reporting and annual expense appropriation.
1.
The board shall establish a policy which sets out its requirements regarding the reports the board will receive on a regular basis in order to meet its responsibility for the oversight and management of the trust.
2.
The board will review on a regular basis, without limitation, the following:
a.
The investment performance of the trust and each asset class, including the costs of managing the trust;
b.
The asset allocation and investment risk of the trust; and
c.
The compliance program of the trust and trust manager in relation to applicable laws and regulations, as well as all policies, procedures and bylaws established by the board.
3.
The board will coordinate with the trust manager to review and approve content to be regularly posted and kept updated on the trust's dedicated public webpage. Current sitting board member names shall be posted to the trust's webpage.
4.
No later than six months after calendar year end, the board shall provide an annual report addressed jointly to the mayor and municipal assembly which summarizes major performance and operational highlights of the trust during the preceding calendar year, as well as commentary on market conditions and potential significant initiatives for the trust in the coming year.
5.
No later than four months after calendar year end, the board shall submit a not-to-exceed annual appropriation resolution document to the assembly. The accompanying memorandum shall include an estimated breakdown of the anticipated payments and expenses necessary to manage the trust during the year; the breakdown will include an estimate of anticipated board stipend payments, other board meeting costs, educational training and due diligence travel and per diem costs tied to fiduciary duty, third party service provider fees, possible fiduciary directors and officers insurance costs, intergovernmental charges, and other significant cost categories.
F.
Board member liability.
1.
No board member shall have any personal liability for any action taken in good faith within scope of their fiduciary duties.
2.
Municipal defense and indemnification provided to board members operating within scope of their fiduciary duties are determined by the municipal attorney according to provisions cited in AMC Chapter 1.50.
3.
No board member shall be responsible at his or her own expense, to take legal action to correct the misconduct of any other member of the board. A board member shall have an affirmative obligation, however, to publicly reveal any misfeasance, malfeasance or nonfeasance by a co-board member, and upon making such revelation in a public meeting, shall be relieved from further responsibility of the actions of the co-board member.
(AO No. 2023-68, § 2, 6-20-2023)