1986-13 Relating to the Rules of the Assemblyenacted.
KODIAK ISLAND BOROUGH
ORDINANCE NO. 86- 13 -O(A)
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
RELATING TO RULES OF THE ASSEMBLY
BE IT ORDAINED by the Kodiak Island Borough Assembly that:
Section 1. This ordinance is of a general and permanent nature and
shall become a part of the Code of Ordinances.
Section 2. Sections 2.16.030, 2.16.040, 2.16.080, 2.16.090,
2.16.100, 2.16.110, 2.16.120, 2.16.130 and 2.16.140 are hereby repealed.
Section 3. A new chapter, 2.17, Rules of the Assembly, is hereby
Section 4. This ordinance takes effect the day following its
adoption.
PASSED AND APPROVED THIS 3RD DAY OF APRIL , 1986.
First Reading, Approval Date: March 6, 1986
Second Reading, Public Hearing, Approval Date: April 3, 1986
Adoption Date: April 3, 1986
Drafted By: Borough Clerk
ough Mayor
s ding Officer
Ordinance No. 86 -13 -0 Page 1 of 8
Sections:
Chapter 2.17
Rules of the Assembly
2.17.010 Authority
2.17.020 General Rules
2.17.030 Types of Meetings
2.17.040 Organization and Presiding Officer
2.17.050 Committees and Duties
2.17.060 Order of Business and Agenda
2.17.070 Ordinances, Resolutions and Motions
2.17.080 Debate
2.17.090 Citizens' Rights
2.17.100 Miscellaneous
2.17.010 Authority. AS 29.20.160(f) provides that the assembly determine its
own rules and order of business. The following rules shall be in effect upon
their adoption by the assembly and until such time as they are amended or new
rules adopted in the manner provided herein.
2.17.020 General Rules.
A. Public Meetings: All official meetings of the assembly shall be
open to the public. The journal of proceedings shall be open to
public inspection.
B. Quorum: Four members of the assembly shall constitute a quorum.
C. Absences: No member of the assembly may absent himself from any
regular or special meeting of the assembly except for good cause.
An assemblymember who is unable to attend a meeting shall advise
borough clerk or the presiding officer of the contemplated absence
and the reason for that absence. During the course of the meeting
from which the member is absent, the presiding officer shall cause
the record to reflect the absence of the member, the reason for the
absence and whether the absence is excused by the assembly.
D. Rules of Order: "Roberts Rules of Order Newly Revised, 1970 Edi-
tion" shall govern the proceedings of the assembly in all cases,
unless they are in conflict with these rules. When such a conflict
exists, this ordinance prevails.
2.17.030 Types of Meetings.
A. Regular Meeting: The assembly shall meet in the Kodiak Island
Borough Assembly Chambers, in the Kodiak Island Borough
Administration Building, Kodiak, Alaska, and are to commence at
6:30 p.m., on the first Thursday of each month, or such other time
and place as may be designated in the notice of the meeting. Public i
notice of changed meetings shall be made in at lease one newspaper
of general circulation in the borough. Meetings shall adjourn at
11:30 p.m. unless the time is extended by a majority of the votes to
which the assembly is entitled. No meeting shall be extended beyond
midnight, unless extended by a 2/3 vote of the assembly, except the
meeting shall be extended to set the time and place for resumption
of the meeting.
B. Special Meetings: Special Meetings may be called by the mayor,
presiding officer, or by three members of the assembly and, except
in an emergency, upon no less than twenty -four hours effective
notice to each member. Effective notice shall be written or oral.
The notice shall indicate time, location and the purpose of the
special meeting and by whom called. The calendar for a special
meeting shall be as follows:
Ordinance No. 86 -13 -0 Page 2 of 8
1. Roll Call
2. Consideration of matters in the call for the special meeting
3. Adjournment
Matters not included in the call for the special meeting may not be
considered. Special meetings shall commence and adjourn as provided j
in Subsection A unless specifically amended.
C. Adjourned or Recessed Meetings: If the assembly has not concluded
the agenda, the time and place of the resumption of the meeting
shall be announced or the items shall be carried over to the
following regular meeting or taken up at a special meeting called
for that purpose.
D. Work sessions: The assembly may meet informally in work sessions,
at the call of the presiding officer or of any three members of the
assembly, to review forthcoming programs of the borough, receive
progress reports on current programs or projects or receive other
similar information from the borough mayor, provided that all
discussions and conclusions thereon shall be informal. Work
sessions are public and no formal action shall be taken by the
assembly.
E. Executive Sessions: The assembly may meet in Executive Session, at
the call of the presiding officer or any four members of the
assembly, only during a regular or special meeting to privately
discuss matters of confidential concern to the well being of the
borough government. Executive Sessions shall be held to discuss:
1. Pending litigation;
2. Any matter the immediate public knowledge of which would tend
to affect adversely the finances of the borough;
3. Any matter which would tend to defame or prejudice the
character or reputation of any person;
4. Matters involving negotiations with labor organizations
representing borough employees.
2.17.040 Presiding Officer and Duties.
A.
Organization: The assembly shall annually at the November meeting
elect from its members a presiding officer and a deputy presiding
officer each of whom shall serve at the assembly's pleasure.
Election of the presiding officer and deputy presiding officer of
the assembly shall be in the following manner:
1. As the first order of new business, nominations for presiding
officer shall be opened. Following the election of the
presiding officer nominations for deputy presiding officer
shall be opened.
2. Nominations may be made by any member of the assembly.
3. At the close of nominations a secret ballot shall be taken.
The clerk shall distribute, collect, and with the assistance of
one other person, tally the ballots. The clerk shall announce
the results.
4. A majority vote of the assembly shall be required for election.
5. If no majority is cast for any candidate, the candidate with
the fewest ballots shall be dropped from the list of candidates
until there are two remaining and balloting shall continue
until one candidate is elected.
6. The newly elected presiding officer or deputy presiding officer
shall take the chair immediately following the election of the
deputy presiding officer.
B. Presiding Officer: The presiding officer shall preside at assembly
meetings. If at any meeting the presiding officer is not present,
or is unable to act, the deputy presiding officer shall preside. In
the absence of the presiding officer and deputy presiding officer,
the senior assemblymember present shall be acting presiding officer.
Ordinance No. 86 -13 -0 Page 3 of 8
2.17.050 Committees and Duties.
A. The presiding officer or the assembly may create standing and
special committees and the presiding officer shall appoint committ.._
members and designate the chairman.
B. All committees shall act upon all matters referred to them and
report back to the assembly as soon as practicable. The chairman of ,
each committee is charged with the observation of this rule.
C. The presiding officer, borough mayor and members of the assembly are
ex officio members of all boards, commissions and committees.
2.17.060 Order of Business and Agenda.
A. Order of Business: The order of business for each regular meeting
of the assembly shall be as follows:
1. Invocation
2. Pledge of Allegiance
3. Roll Call
4. Approval of Agenda
5. Consent Agenda. (Approval of Consent Agenda passes all items
indicated. Consent Agenda items are not considered separately
unless an assemblymember so requests. In the event of such
request, the item is returned to the general agenda.)
a. Ordinances for introduction
b. Resolutions
c. Communications to the assembly
6. Citizens' Comments
a. Agenda Items not scheduled for public hearing
b. General Comments
7. Committee reports
8. Public Hearing (set for a particular time)
9. Messages from the Borough Mayor
10. Consideration of Calendar - Unfinished Business
11. Consideration of Calendar - New Business
a. Bid Awards
12. Citizens' Comments
13. Assemblymembers' Comments
14. Adjournment
B. Agenda. The presiding officer shall determine items for the agenda
of the assembly, subject to assembly approval. A member of the
assembly, delegate to the assembly or the borough mayor may submit
items to the borough clerk to be placed on the agenda. Subject to
provisions of Subsection C, no business may be transacted nor any
measure considered that is not on the agenda.
The borough clerk shall prepare an agenda for each regular meeting
after consulting with the mayor and presiding officer. The agenda
shall be distributed to assemblymembers, along with the meeting
packet, one week prior to the regular meeting. Agendas will be
available for the public not less than twenty -four hours prior to
the meeting.
C. Agenda Additions. A subject not on the agenda may be considered
only by unanimous consent, and when the time for its consideration
arrives, the presiding officer shall lay it before the assembly.
D. Reading of minutes. Unless a reading of the minutes of an assembly
meeting is requested by the assembly, minutes may be approved
without reading if the borough clerk previously furnished each
member with a copy thereof.
2.17.070 Ordinances, Resolutions and Motions
A. Ordinances Deferred; Emergencies. Ordinances introduced at an
assembly meeting shall not be finally acted upon until at least the
Ordinance No. 86 -13 -0 Page 4 of 8
next regular meeting, except that emergency ordinances may be acted
on immediately.
B. Reading by Title Only. Each proposed ordinance and resolution may
be read by title only if copies are available for all persons
present.
C. Consideration of Ordinances. Each proposed ordinance shall be read
by title or in full two times. Except in case of an emergency
ordinance not more than one such reading shall be on the same day
and at least one week shall lapse between introduction and final
passage.
D. Recording of Votes. The ayes and noes shall be taken upon the
passage of all ordinances and resolutions and entered upon the
official record of the assembly.
E. Voting:
1. All assemblymembers present shall vote unless the assembly for
special reason permits a member to abstain, except no assembly -
member may vote on a question in which he has a substantial
financial interest. All motions to excuse a member shall be
made before the call of "ayes" and "noes" is commenced, and any
member requesting to be excused from voting may make a brief
statement of the reasons for making such a request, and the
vote shall be taken without further debate.
2. If a member refuses to vote, the clerk shall record a vote for
the prevailing side.
3. No member shall be allowed to explain his vote or discuss the
question while the "ayes" and "noes" are being called but may
change his vote between the time of calling for the vote by the
clerk and the announcement of the result by the presiding
officer. The presiding officer shall ask if anyone wishes to
change their vote.
4. The vote upon any question shall be "ayes" and "noes ", and
shall be recorded in the journal of the assembly. The
presiding officer shall vote when the "ayes" and "noes" are
called for, his name being called last. In case of an equal
division, the question shall be lost. No resolution, ordinance
or motion before the assembly shall be valid unless affirmed or
denied by a majority of the votes to which the assembly is
entitled on the question.
5. Approval of each ordinance shall require the affirmative vote
of a majority of the elected members of the assembly, except as
otherwise specified by borough ordinance or the Statutes of the
State of Alaska.
G. Numbering Ordinances and Resolution. A number shall be assigned to
each ordinance or resolution by the borough clerk prior to intro-
duction.
H. Ordinance Passage Procedures. When passed by the assembly, an
ordinance or resolution shall be signed by the presiding officer and
the borough mayor and be attested by the borough clerk; and it shall
be immediately filed and thereafter preserved in the office of the
borough clerk.
I. Request for Ordinances or Legal Opinions. Any member of the borough
assembly may request the borough mayor or borough clerk to have
prepared proposed ordinances with such ordinances to be placed on he
agenda of the next scheduled assembly meeting, provided the
ordinance can be drafted and distributed to members of the assembly
in accordance with time schedules set for the in Subsection B of
these rules. Any two or more members of the borough assembly may
request written legal opinions, relating to borough business, from
the borough attorney. Upon receipt of assembly requested proposed
ordinance or written legal opinion, the borough clerk shall
forthwith cause to have distributed the subject ordinance or written
Ordinance No. 86 -13 -0 Page 5 of 8
J. Motions. When a motion is made and seconded, it shall be stated b,
the presiding officer or being in writing, it shall be presented to
the chair and read aloud before debate. The moved shall state his
motion in concise language and shall not discuss it nor his reason
for making it until the motion is seconded.
K. Privileged Motions. When a question is under debate, no motion
shall be made except for the following privileged motions which
shall have precedence:
2.17.080 Debate.
legal opinion to all assemblymembers so that all members may be
fully informed of the status of borough affairs.
1. To adjourn*
2. To recess*
3. To raise a question of privilege*
4. To call for the order of the day, or the regular order*
5. To lay on the table*
6. For the previous question*
7. To limit or extend limits of debate*
8. To postpone to a certain time
9. To refer
10. To amend
11. To postpone indefinitely
NOTE: * Not debatable
When one of the above motions has been made, none of the others
inferior to it in the order in which they stand above shall be made
and,in proceeding to vote, motions pending shall be put in the order
of their rank as above arranged. The first seven are not subject to
debate. A motion to postpone to a certain item, refer, amend, or to
postpone indefinitely may be amended; the previous question may be
demanded before an amendment, which motion shall be decided without
debate. A motion to adjourn shall always be in order provided th;
business of a nature to be recorded in the journal has been
defeated. No motion or proposition of a subject different to that
under consideration shall be admitted under cover of an amendment.
When a matter has been especially assigned to be taken up at a fixed
time, or at a certain stage of proceedings, such matter shall, at
the appointed time, or at any time subsequent thereto, be in order
upon the call of any member, and take precedence over all other
business.
L. Previous Question. The previous question may be ordered by a
majority vote of the members present upon all recognized motions
which are debatable, and shall have the effect to cut off all debate
and bring the assembly to a direct vote upon the motion before the
assembly.
The question shall be put in this form: "The previous question has
been moved and seconded; all those in favor of calling the previous
question say "aye "; all those opposed say "no ".
The results of the motion are as follows: If determined in the
negative, the consideration goes on as if the motion had never been
made; if it is decided in the affirmative, the presiding officer at
once and without debate proceeds to put the main motion as ordered.
If an adjournment is had after the previous question is ordered, the
subject comes up in is regular order at the next meeting and the
previous question still operates.
M. Division of Question. The chair may divide the question or an
assemblymember may request a division of a question.
A. Decorum in Debate. When any member is about to speak in debate o*
deliver any matter to the assembly, he shall address himself to tt
presiding officer and being recognized, confine himself to the
Ordinance No. 86 -13 -0 Page 6 of 8
question under debate. No member shall impugn the motive of any
member's vote or argument and shall avoid personalities. A member
who is speaking may not be interrupted to make a motion, even one
with high priority like the motion to adjourn.
B. Order of Speaking.
1. The mayor of the borough, a delegate to the assembly or any
assemblymember, when desiring to speak at an assembly meeting,
shall respectfully address the chair as "Chairman" and shall
refrain from speaking until recognized.
2. When two or more persons request recognition at the same time,
the presiding officer shall determine which one shall speak
first.
C. Point of Order. If any member, in speaking or otherwise, trans-
gresses the rules of the assembly, the presiding officer shall call
him to order, or any other member may rise to a point of order. The
member called to order shall immediately cease speaking and cease
the action to which he was called to order. The presiding officer
or member rising to point of order shall state the offense committed
and the member called to order then be heard in explanation or
justification. The presiding officer shall then rule on the point
of order. Any member may challenge a ruling of the chair, and if
duly seconded, the chair's ruling shall not stand unless affirmed by
a majority vote of the assembly.
D. Private Conversations. When a member is speaking, the assembly
shall be in order and no private conversations shall be carried on.
E. Recognition to Speak. No member shall be recognized to speak on the
same question a second time until every member choosing to speak has
spoken except the mover of the question, who may open and close the
debate. The presiding officer shall have the same privilege of
speaking on any matter as any other assemblymember but shall be
required to relinquish the chair before speaking.
The presiding officer may recognize a citizen to address the
assembly upon request of an assemblymember, unless objected to by
two or more members. Remarks by a citizen so recognized may relate
only to a question before the body.
2.17.090 Citizens' Rights.
A. Addressing the Assembly: Any person desiring to address the
assembly shall first secure the permission of the presiding officer.
However, under the following headings of business, unless the
presiding officer rules otherwise, any qualified person may address
the assembly without securing such prior permission: Citizen's
Comments, Public Hearing.
B. Written Communications: Interested parties or their authorized
representatives may address the assembly by written communication in
regard to matters then under discussion. Written items bearing a
request that they be read into the record shall be read aloud by the
clerk or designated assembly person.
C. Addressing the Assembly After Motion Made. After a motion is made
by the assembly, no person shall address the assembly without first
securing the permission of the assembly to do so.
D. Manner of Addressing the Assembly -- Time Limit: Each person
addressing the assembly shall step up to the microphone, give his
name and address in an audible tone of voice for the record and,
unless further time is granted by the assembly, may limit his
address to three minutes. All remarks shall be addressed to the
assembly as a body and not to any member thereof. No person, other
than the assembly and the person having the floor, shall be
permitted to enter into any discussion, either directly of through
the members of the assembly, without the permission of the
Ordinance No. 86 -13 -0 Page 7 of 8
presiding officer. No questions shall be asked the assembly except
through the presiding officer.
2.17.100 Miscellaneous.
A. Suspension of Rules. The standing rules or the order of business
established by the assembly may be suspended by a two- thirds vote to
which the assembly is entitled.
B. Assembly Chambers. The assembly chambers shall be under the super-
vision and control of the borough clerk when the assembly is not in
session. It shall be used solely for the transaction of public
business of the borough, or as authorized within the intent of
assembly policy on the use of the assembly chambers.
C. Recess. The presiding officer may call a recess not to exceed
twenty (20) minutes at any time during a meeting to determine a rule
of order or at the request of a majority of the assembly. The
presiding officer may call a recess at any time between items of
business.
D. Seating Arrangement. Members shall occupy the respective seats in
the assembly chamber assigned them by the presiding officer.
E. Compensation and Expenses:
by a majority of the assembly.
Following completion of travel, the assemblymember must give an
oral report, stating accomplishments and knowledge gained from the
trip as well as the actual expenses of the trip.
Ordinance No. 86 -13 -0 Page 8 of 8
1. Borough assemblymembers shall receive one hundred dollars
($100.00) per month. Borough assemblymembers may be included
in the borough health and life insurance plan and the state
PERS retirement plan.
2. Assemblymembers while traveling overnight on official business,
and away from their homes or official posts of duty, will be
reimbursed at the rate and under such conditions as are
prescribed for other appointed officers and employees of the
borough.
3. Expenses of assemblymembers, other than transportation and pa
diem for approved travel, incurred because of borough
activities may be reimbursed by the borough only after approval ,
by the assembly.
F. Travel. Assemblymembers must bring any travel requests, prior to
travel, to a regular assembly meeting for concurrence, stating date,
place and length of travel, projected cost and purpose of the trip.
If there is no regular assembly meeting before the planned trip, the
assemblymember must then request approval of the presiding officer, j
who shall request the clerk to poll the entire assembly for approval i