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Kotzebue Municipal Code

Title 2

ADMINISTRATION AND PERSONNEL

[Click on Desired Chapter Name]
Chapters:
2.04 City Manager
2.08 Mayor
2.12 City Clerk
2.16 City Council - Membership
2.20 City Council - Meetings
2.24 City Council - Procedures
2.25 Conflict of Interest
2.28 Public Meetings - City Offices and Officers
2.32 City Attorney
2.36 Fire Department
2.40 Police Department
2.48 Personnel System
2.52 Elections
2.56 Abandoned property
2.60 Documents-Reports-Records

Chapter 2.04

CITY MANAGER

Sections:
2.04.010 Appointment - Compensation.
2.04.020 Removal from office.
2.04.030 Qualifications.
2.04.040 Powers and duties generally.
2.04.060 Council meetings.
2.04.070 Interference by council.
2.04.080 Acting City Manager.

2.04.010 Appointment - Compensation.
The city council shall appoint a city manager by majority vote of its members. The city manager shall receive such compensation as the city council may determine. (Ord. 80-8 1(part), 1980; prior code 2.24.010)

2.04.020 Removal from office.
Subject to the contract of employment, the manager holds office at the pleasure of the city council and may be removed for just cause by a vote of the majority of all council members. (Ord.80-8 1(part), 1980; prior code 2.24.020)

2.04.030 Qualifications.
The city manager shall be appointed solely on the basis of administrative qualifications, with particular reference to his education, training and experience as a professional municipal administrator. The council, by ordinance, may set forth specific qualifications. No member of the council may be appointed manager unless at least two years have intervened since the expiration of his last term on the council and the date of appointment.(Ord. 80-8 1(part), 1980; prior code 2.24.030)

2.04.040 Powers and duties generally.
The city manager shall be the executive and administrative officer of the city and shall:
A. Appoint city employees, administrative officers and department heads except for the city attorney; he may hire necessary administrative assistants and may authorize an appointive administrative officer or department head to appoint, suspend or remove subordinates in his department. He shall notify the city council of the appointment of any department head at the first regularly scheduled meeting following such an appointment.
B. Suspend or remove, by written order, city employees and administrative officers except for the city attorney;
C. Supervise enforcement of city law.
D. Prepare the annual budget and capital program for the council;
E. Execute the budget and capital improvement program as adopted;
F. Make monthly financial reports to the council on the city finances and operations;
G. Report to the council at the end of each fiscal year on the finances and administrative activities of the city;
H. Prepare and make available for public distribution an annual report on city affairs;
I. Serve as city personnel officer, unless the council authorizes him to appoint a personnel officer;
J. Execute other powers and duties specified in AS Title 29 or lawfully prescribed by the council;
K. Direct the care and custody of all municipal property;
L. Direct and supervise the construction, maintenance and operation of municipal public works;
M. Make such recommendations to the council as he may deem expedient or necessary;
N. May distribute the work of department among such divisions thereof as may be established by the city manager,
O. Administer and manage the water, sewer and solid waste utilities and such other municipal services, by means of such officers and employees as he appoints.
P. Apply for and receive grants from public, private, quasi-public and quasi private agencies and organizations and solicit donations for public purposes. (Ord. 96-2 1,1995; Ord. 95-5 1,1995;Ord. 86-28 2,1986; Ord. 86-26 3, 1986; Ord. 80-81(part), 1980; prior code 2.24.040 and 2.24.050)

2.04.060 Council meetings.
A. The city manager shall attend all meetings of the council unless excused by the council.
B. The city manager shall have the right to take part in the discussion of all matters coming before the city council. (Ord. 80-8 1(part), 1980; prior code 2.24.060)

2.04.070 Interference by council.
Except for the purpose of inquiry, the council and its members, or other officials of the city, shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof, nor other city officials shall give orders to any subordinate of the city manager, either publicly or privately. Neither the city council nor any of its members shall dictate the appointment of any person, to office or employment by the city manager, except as permitted by state law or the ordinances of this city. (Ord. 80-8 1(part), 1980; prior code 2.24.070)

2.04.080 Acting City Manager
If the manager is absent from the city or is unable to perform his duties, if the council suspends the manager, or if there is a vacancy in the office of manager, the council may appoint an acting city manager to serve until the manager returns, or until his disability or suspension ceases, or until a new manager is appointed. The council shall replace the acting manager with a permanent manager within a reasonable time and in no case may anyone serve as acting city manager for more than one year. (Ord. 80-8 1(part), 1980; prior code 2.24.090)

Chapter 2.08

MAYOR

Sections:
2.08.010 Election and term.
2.08.020 Powers and duties.
2.08.030 Vacancy.
2.08.040 Vice Mayor.
2.08.50 Order of mayoral succession.

2.08.010 Election and term.
A. The council shall meet on the first Monday after certification of the regular election or as soon as possible thereafter, to elect a mayor who takes office immediately.
B. The mayor is elected by and from the councilmembers for a term of one year and until a successor is elected and qualified.
(Ord. 80-3 1(part), 1980; prior code 2.16.010)

2.08.020 Powers and duties.
A. The mayor shall preside at all council meetings, acts as ceremonial head of the city and sign documents on the city's behalf upon council authorization. B. The mayor shall nominate all members to boards and commissions of the city, subject to city council confirmation.
C. The mayor shall have no veto power. (Ord. 80-3 1(part), 1980; prior code 2.16.020)

2.08.030 Vacancy.
A. A vacancy in the office of mayor shall be filled by and from the council.
(Ord. 80-3 1(part), 1980; prior code 2.16.030)

2.08.040 Vice Mayor
A vice mayor shall be elected at the same time the mayor is elected. The vice mayor shall be elected by and from the council members. The vice mayor shall serve as mayor during the absence or disability of the mayor. (Ord. 80-3 1(part), 1980; prior code 2.16.040)

2.08.050 Order of mayoral succession.
Should the office of mayor and vice mayor become vacant or should both the mayor and vice mayor be absent or unable to perform the duties of the office of mayor, the order of interim succession shall be:
A. The council member with the longest total period of tenure in office shall assume the office of mayor pro tempore.
B. Should more than one council member have the same total period of tenure in office, the council member who received the largest number of votes, at the last election at which council members were elected, shall assume the office of mayor pro tempore. (Ord. 80-3 1(part), 1980; prior code 2.16.050)

Chapter 2.12

CITY CLERK

Sections:
2.12.010 Appointment - Term
2.12.020 Duties
2.12.030 Additional duties
2.12.040 Deputy Clerk

2.12.010 Appointment - Term
The city clerk shall be appointed by the city manager with the approval of the city council and shall serve at the pleasure of the city manager and the city council. The city clerk shall report directly to the city council and city manager. The city clerk may be removed from office by the city manager, with consent of the city council, upon due process of an established grievance procedure. The city council shall act as the grievance committee for the purposes of permitting the city clerk an opportunity to present any potential adverse actions brought before the city council. Any grievance procedure shall occur with the city council taking action within thirty days to permit at least two regularly scheduled meetings to present the issues brought about because of a grievance procedure. (Ord. 83-8(part), 1983: Ord. 82-13(part), 1982).

2.12.020 Duties
The city clerk shall:
A. Establish a liaison and working relationship with the city manager and city council;
B. Give notice of the time and place of council meetings to the council and public;
C. Attend all council meetings and keep the minutes;
D. Arrange publication of notices, ordinances and resolutions;
E. Maintain, receive, distribute and review all correspondence which transfers between the offices of the city manager and/or city council on behalf of the city;
F. Maintain and make available for public inspection an indexed file including the city ordinances, resolutions, rules, regulations, minutes and codes;
G. Attest deeds and other documents;
H. Record and certify all actions of the council;
I. Be custodian of the city seal and the official records of the city;
J. Perform other duties specified or prescribed by the city manager.

2.12.030 Additional duties
A. The city clerk shall have the power to administer all oaths required by law.
B. The city clerk shall give to the proper officials ample notices of the expiration or termination of any term of office and, when necessary, the conditions or requirements of all boards, franchises, contracts or agreements.
C. The city clerk shall be the registrar of the city and shall be responsible for calling and supervision of all city elections, unless otherwise provided by law.
D. The city clerk shall perform other duties from time to time as directed by the city manager.
E. The city clerk shall perform other duties as may be directed from time to time by either the city manager or the city council. (Ord. 96-6 1. 1995; Ord. 83-8 (part), 1983; Ord. 82-13 (part), 1982).

2.12.040 Deputy Clerk
A. The deputy clerk shall be hired by the city manager. The deputy city clerk shall report directly to the city clerk.
B. In case of the temporary absence of the city clerk, the deputy clerk shall be appointed to act with all the power and obligations of the city clerk, the deputy clerk shall sign all documents in the name of the city clerk subscribing his or her personal signature as acting city clerk. (Ord. 89-14 1, 1989; Ord. 830-8 (part), 1983; Ord. 82-13 (part), 1982.

Chapter 2.16

CITY COUNCIL - MEMBERSHIP

Sections:
2.16.010 Composition-Election.
2.16.020 Qualifications.
2.16.030 Terms.
2.16.035 Advisory student member.
2.16.040 Vacancy.
2.16.050 Salaries - Fees
2.16.060 Other Compensation.

2,16.010 Composition-Election.
The Kotzebue city council shall be a council of seven members elected by the voters at large.
(Ord. 80-2 1(part), 1980; prior code 2.04.010)

2.16.020 Qualifications.
A. The councilmembers shall be qualified voters of the city, and shall be:
1. citizens of the United States;
2. 18 years of age or older;
3. residents of the city for at least 30 days just before the election;
4. registered before the election as required under AS15.07 and not registered in another jurisdiction;
5. voters of the city and remain so during their term on the council; and,
6. not disqualified under Article V of the State Constitution.
B. A council member who ceases to be eligible to be a city voter immediately forfeits their office.
C. Two persons married to each other may not serve as members of the city council. In the event a person is elected to council whose spouse is currently serving as a council member, the seat of the spouse currently serving shall become vacant when the newly elected spouse takes office. In the event a husband and wife be elected at the same election, the spouse who receives the greatest number of votes shall take office and the seat of the other spouse shall be filled by the candidate with the highest number of votes for that seat, provided he is qualified. (Ord. 83-17, 1983; Ord. 80-2 1(part), 1980; prior code 2.04.020)

2.16.030 Terms.
A. The city council members terms shall be for a period of three years.
B. The councilmembers seats shall be elected for three year staggered terms.
C. In order to preserve the staggered terms that presently exist, the city council seats shall be up for election in the following groups:
(1) seats A, B, and C at the same time;
(2) seats D and E at the same time;
(3) seats F and G at the same time.
(Ord. 81-7 __, 1981; Ord. 80-2 1(part), 1980; prior code 2.04.030)

2.16.035 Advisory student member.
Subject to confirmation by city council, the mayor may appoint an advisory student member of the city council. The student members shall be at least sixteen years of age and a full-time student in Kotzebue during his or her tenure. The student member shall serve at the pleasure of the council for a term not to exceed one year. He or she may participate in council discussions, upon recognition by the presiding officer, but may not vote. (Ord. 84-14 1, 1984).

2.16.040 Vacancy.
If a vacancy occurs in the council, the council shall by vote of a majority of its remaining members designate a person to fill the unexpired term. (Ord. 80-2 1(part), 1980; prior code 2.04.040).

2.16.050 Salaries - Fees
A fee of one hundred dollars is established for each regular and special meeting. This fee shall be payable on a monthly basis. (Ord. 93-10 1, 1993: Ord 93-5 1, 1993: Ord. 92-1 2, 1992; Ord. 88-9 12, 1988; Ord. 82-14 1, 1983)
2.16.060 Other Compensation.
An elected official may not receive compensation for services to the municipality unless:
A. Prior to engaging in such services there is a full disclosure to the council of the member's intention to seek compensation for such services; and
B. The council by resolution, approves the proposed employment; and
C. After disclosure, the councilmember shall disqualify himself from further consideration of the issue pursuant to Section 2.28.090. (Ord. 89-11 1, 1989).

Chapter 2.20

CITY COUNCIL - MEETINGS
Sections:
2.20.010 Absence from.
2.20.020 Agenda.
2.20.030 Regular meetings.
2.20.035 Cancellation of meetings
2.20.040 Special meetings
2.20.050 Conference sessions.

2.20.010 Absence from.
A. No city councilmember shall absent himself/herself from any meetings of the city council except for good and sufficient reason.
B. The reason shall be submitted in writing and approved by the city council. In the event of an emergency when a request to be excused cannot be submitted in advance, the request to be excused shall be considered at the next regular meeting. (Ord. 81-6, 1981; prior code 2.04.050).

2.20.020 Agenda
A. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the council for consideration shall be delivered to the city clerk at a time to be determined by resolution of the council.
B. The city manager shall organize an agenda of such matters according to the order of business and the city clerk shall furnish each councilmember with a copy of the same at a time to be determined by resolution of the council.(Ord. 80-6 1 (part), 1980: prior code 2.15.030).

2.20.030 Regular meetings.
A. The date and time of the regular meetings of the city council shall be the first and third Thursdays of each month and the place for the meeting shall be the City Hall in Kotzebue or such other place as the council by resolution shall authorize. The meeting shall promptly start at the time set by the council, and adjourn not later than midnight. The city council may extend the meeting beyond midnight by a two-thirds vote of the members present.
B. All meetings of the city council shall be open to the public and may be continued to another time and location.
C. The place of meetings may be changed by a resolution of the council, if adopted at least two weeks prior to the changing of the location of the council chambers, and such resolution shall be posted at the City Hall. (Ord. 84-16 1, 1984; prior code 2.15.040)

2.20.035 Cancellation of meetings
With the consent of a majority of the city council, the mayor may cancel any regular or special meeting of the city council. Notice of the cancellation of a meeting shall be handled as provided in sections 2.28.030 and 2.28.040.

2.20.040 Special meetings.
Special meetings of the city council may be called by the mayor or two councilmen upon not less than twenty-four hours' written or oral notice communicated to each member. The place of all special meetings shall be at the regular meeting place or at such other place agreeable to a majority of the council. (Prior code 2.15.050).

2.20.050 Conference sessions
A. The council may hold informal conference sessions to discuss matters of interest to the council, to receive informal reports, and to discuss matters to be considered at regular of special meetings.
B. Minutes need not be kept at conference sessions. Conference sessions may he held jointly with city boards and commissions and with other public bodies. All conference sessions shall be open to the public. Except for regularly held conference sessions, the place, time and subject of each conference session shall be posted at the City Hall prior to the session.
C. No final official action shall be taken at any conference session, but the council may hold a special meeting during or after a conference session. (Prior code 2.15.060).

Chapter 2.24

CITY COUNCIL - PROCEDURES

Sections:
2.24.010 Presiding officer.
2.24.020 Modes of action.
2.24.030 Order of business.
2.24.040 Packets for council meetings.
2.24.050 Minutes.
2.24.060 Rule changes, questions, transgressions.
2.24.070 Speaking - Reading of papers - Appeals from chair.
2.24.080 Parliamentary inquires of chair.
2.24.090 Points of order.
2.24.100 Second required.
2.24.110 Disposal of motions by vote - Withdrawal.
2.24.120 Motions receivable during debate-Precedence of scheduled business.
2.24.130 Division of question.
2.24.140 Putting questions in order moved.
2.24.150 Ordering previous question.
2.24.160 Reduction of motions to writing.
2.24.170 Amending amendments.
2.24.180 Motion to reconsider.
2.24.190 Rescinding vote.
2.24.200 Voting.
2.24.210 Quorum - Passing majority - Roll calls.

2.24.010 Presiding Officer.
A. The mayor shall preside at all meetings of the council. He shall preserve order and decorum among the council members and is responsible for conduct of all meetings in compliance with the rules of the council. He may at any time make such rules as he deems proper to preserve order among the spectators in the city council chambers during sessions of the council.
B. The mayor may speak to points of order in preference to other members and shall decide all points of order, subject to appeal to the council by motions duly seconded as herein provided. He may, at any time, call any member to the chair during any meeting, such substitution to discontinue when he elects to resume the chair and in no event to continue beyond adjournment of the meeting at which such substitution is made. (Ord. 80--6 1 (part), 1980: prior code 2.12.010.

2.24.020 Modes of action.
The council shall act only by ordinance, resolution, or motion. (Prior code 2.15.020)

2.24.030 Order of business.
At every regular meeting of the city council the order of business shall be as follows:
1. Call to order;
2. Roll call;
3. Invocation/Pledge of Allegiance;
4. Amendments/changes to agenda;
5. Approval of minutes;
6. Correspondence;
7. Citizen's comments;
8. Unfinished business;
9. New business;
10. City manager's report;
11. Council member comments;
12. Executive session;
13. Adjournment.
The order of business at a special meeting of the city council shall be as set forth above; however, items not pertinent to the purpose of the special meeting may be deleted from the agenda. (Ord. 89-2 1, 1989: Ord. 88-5 1, 1988: Ord. 84-16 2, 1984: Ord. 80-6 1(part), 1980: prior code 2.12.020).

2.24.040 Packets for council meetings.
All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the council shall, at least forty-eight hours prior to each council meetings, be delivered to the city clerk, whereupon the city manager shall arrange a list of such matters according to the order of business and the city clerk shall furnish each member of the council, the mayor and city manager with a copy of the same in packet form twenty-four hours in advance of the council meetings, excluding holidays. (Ord. 80-6 1 (part), 1980: prior code 2.12.030)

2.24.050 Minutes.
A. Minutes of all regular and special meetings shall be taken. All minutes of regular and special meetings shall be kept in the journal of the proceedings of the council. All minutes of the council shall be distributed by the city clerk to the public desiring same after payment of a reasonable charge.
B. Unless a reading of the minutes of a council meeting, regular or special, is requested by a council member, such minutes may be approved without a reading.
C. A council member may request the privilege of having a verbatim record of a statement on any subject under consideration entered in the minutes. Unless a majority of council members present object to such request, such statement shall be entered in the minutes.
D. The city clerk may be directed by the mayor, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council. (Ord. 80-6 1 (part), 1980: prior code 2.12.040).

2.24.060 Rule changes, questions, transgressions.
A. A proposed amendment to, or repeal of, any rule of the council shall be submitted and shall become the first item of unfinished business at the next regular meeting.
B. In all matters of parliamentary procedure not covered in these rules, the most current edition of Robert's Rules of Order shall be applicable and govern.
C. The city council rules and order of business shall be observed in all cases, unless suspended temporarily for a special purpose of an emergency nature by vote of the majority of council members present. Any member may move at any time for the suspension of any rule and such motion must by seconded to entitle it to consideration.
D. If any member, in speaking or otherwise, transgresses the rules of the council, the presiding officer shall, or any member may, call him to order; in which case the member so called to order shall immediately cease discussion unless permitted by the presiding officer to explain; and the council, if appealed to, shall decide the question without debate. If the decision is in favor of the member so called to order, he shall be at liberty to proceed; if otherwise, he shall not proceed without leave of the council to proceed in order. (Ord. 80-6 1 (part), 1980: prior code 2.12.050).

2.24.070 Speaking-Reading of papers- Appeals from chair.
A. A member about to speak shall respectfully address the chair, and shall not commence to speak until recognized by the presiding officer. When two or more members request to speak at the same time, the presiding officer shall determine which one is recognized.
B. Every member while speaking shall confine himself to the subject under debate, shall refrain from personalities, and shall not refer to any other member of the council except in a respectful manner.
C. Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parliamentary inquiry or make a point of order.
D. No member shall speak more than twice or for more than ten minutes continuously to any one question, except that one or more additional periods of ten minutes may be granted by unanimous consent. The reading of papers desired by any member shall be read by himself or by the city clerk within the member's time limitation unless permission for the clerk to read such paper outside the time limitation is unanimously granted.
E. No appeal from any decision of the presiding officer shall be entertained unless it is seconded and no other business shall be in order until the question on appeal has been decided. The question on the appeal is not debatable and shall be put as follows: "Shall the decision of the chair stand as the judgment of the Council?" It shall be deemed to be decided in the affirmative unless a majority of the votes given are to the contrary. (Ord. 80-6 1 (part), 1980: prior code 2.12.070).

2.24.080 Parliamentary inquires of chair.
Any member may make a parliamentary inquiry of the chair at any time during the meeting. (Ord. 80-6 1 (part), 1980: prior code 2.12.070).

2.24.090 Point of order.
Any member may make a point of order in preference to other members and shall decide all such questions, subject to appeal to the council by motion duly seconded; and no other business shall be in order until the question on the appeal has been decided. (Ord. 80-6 1 (part), 1980: prior code 2.12.080).

2.24.100 Second required.
All motions shall require a second, unless otherwise provided by special rule. (Ord. 80-6 1 (part). 1980: prior code 2.12.090).

2.24.110 Disposal of motions by vote-Withdrawal.
After a motion is stated or read by the presiding officer, it shall be deemed to be in the possession of the council and shall be disposed of by vote, but the mover may withdraw it at any time before decision or amendment, by consent of the second. (Ord. 80-6 1 (part), 1980: prior code 2.12.100).

2.24.120 Motions receivable during debate-Precedence of scheduled business.
A. When a question is under debate, the presiding officer shall receive any of the following motions but no other:
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.
B. When one of the motions set out in sub-section A of this section has been made, none of the others inferior to it in the order in which they stand in subsection A shall be made, and in proceeding to vote, motions pending shall be put in the order of their rank as arranged in subsection A. The first seven are not subject to debate. A motion to postpone to a certain time, 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 that business of a nature to be recorded in the journal has been transacted since any previous motion to adjourn has been defeated. No motion or proposition of a subject different than that under consideration shall be admitted under color of an amendment.
C. When a matter has been especially assigned to be taken up at a fixed time, or a certain state 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. (Ord. 89-6 1 (part), 1980: prior code 2.12.110).

2.24.130 Division of question.
Any member may require the division of a question, when the sense of it will admit. (Ord. 80-6 1 (part), 1980: prior code 2.12.120).

2.24.140 Putting questions in order moved.
The presiding officer shall put all questions in the order in which they are moved unless a subsequent motion is previous in its nature; except, that in naming sums and fixing times, the largest sum and the longest time shall be put first. (Ord. 80-6 1 (part), 1980: prior code 2.12.130).

2.24.150 Ordering previous question.
When the previous question is moved by any member, all debate on the main question shall be suspended immediately and the presiding officer shall put the question in the following form: "The previous question is moved on (specifying the motion on which the previous is demanded). As many as are in favor of ordering the previous question will so indicate." If the majority assent, the affirmative has it, the previous question is ordered, and the chairman will proceed immediately to put to a vote the question on which the previous question was ordered. If less than the majority so indicates, the negative has it, the motion is lost and the question reverts to the immediately pending question which is again open to debate and amendment as if the previous question had not been demanded. (Ord. 80-6 1(part). 1980: prior code 2.12.140).

2.24.160 Reduction of motions to writing.
Any motion must be reduced to writing if presiding officer so requires or any member demands, and no other motion shall be entertained until reasonable time (not over ten minutes) is afforded for compliance with this rule. (Ord. 80-6 1 (part), 1908: prior code 2.12.150).

2.24.170 Amending amendments.
A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained. (Ord. 80-6 1 (part), 1980: prior code 2.12.160).

2.24.180 Motion to reconsider
When a vote has been taken either passing or defeating any proposition or legislation, any councilman who voted on the prevailing side may move for reconsideration at the same meeting or at the next succeeding meeting whenever motions are in order, provided that the subject matter has not passed out of the control of the council. The term "prevailing side" included the negative side which has prevailed because the affirmative side has failed to muster the requisite number of votes required for passage of the measure. A motion to reconsider requires a majority of affirmative votes and if it prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debates on motions to reconsider shall be limited to twenty-five minutes and no member shall speak for more than five minutes. No measure shall be reconsidered more than once. (Ord. 80-6 1 (part), 1980: prior code 2.12.170).

2.24.190 Rescinding vote.
Any previous vote may be rescinded by vote of the majority of the council at any time, provided the subject has not passed out of the control of the council. (Ord. 80-6 1(part), 1980: prior code 2.12.140).

2.24.200 Voting
A. The presiding officer shall declare all votes, but if any member doubts a vote, the presiding officer, without further debate upon the question, shall request the members voting in the affirmative and negative, respectively, to so indicate, and he shall declare the result.
B. The vote upon all matters considered by the council shall be taken by "yes" or "no" votes which shall be entered upon the record, except that when the vote is unanimous, it shall be necessary only to so state.
C. Every member who is present when a question is put, where he is not disqualified by personal interest, shall vote, unless the council for special reason excuses him. Applications to be so excused must be made before the vote, and shall be decided without debate.
D. Anything to the contrary in these rules notwithstanding, in all cases where an extraordinary majority is not required, and when no motion is before the council, the chairman may, in lieu of calling for or awaiting a motion be made, put the question in the following form; "Without objection, it will be ordered." If no objection is heard he shall announce: "It is so ordered," which will have the same effect as if a motion to that effect had been made and voted upon favorably. If a single objection is reasonably expressed when the question is put, the chairman shall not proceed further under this rule, but instead shall call for a motion, which motion shall be handled in the regular manner. (Ord. 80-6 1 (part), 1908: prior code 2.12.190).

2.24.210 Quorum-Passing majority-Roll calls.
A. Four council members constitute a quorum. Four affirmative votes are required for the passage of an ordinance or resolution.
B. The final vote on each ordinance, resolution or substantive motion is a recorded roll call vote. All council members present shall vote unless the council, for special reasons, permits a member to abstain. (Ord. 80-6 1 (part), 1980: prior code 2.12.200).

Chapter 2.25

CONFLICT OF INTEREST

Section:
2.25.010 Conflict of Interest

2.25.010 Conflict of Interest
A. A councilmember shall declare any substantial financial interest the member has in a official action, and shall ask to be excused from participation on the matter. The presiding officer shall rule on the request. The decision of the presiding officer may be overridden by a majority vote of the council. B. A city employee or official, other than a councilmember, may not participate in an official action in which the employee or official has a substantial financial interest. (Ord. 86-4 1 1986).

Chapter 2.28

PUBLIC MEETINGS-CITY OFFICES AND OFFICERS

Sections:
2.28.010 Meetings to be public.
2.28.020 Executive meetings.
2.28.030 Public notice of meetings-Required.
2.28.040 Public notice of meetings-Manner.
2.28.050 Public notice of meetings- Emergency or special meetings.
2.28.060 Oath of office.
2.28.070 Council appointment of officers.
2.28.080 Nondiscrimination-Appointment after elective office.
2.28.090 Financial interest in official actions.
2.28.100 Causes for declaring office vacant.

2.28.010 Meetings to be public.
Meetings of all municipal bodies shall be public. The council shall provide reasonable opportunity for the public to be heard at regular and special meetings. (Ord. 80-9 1 (part), 1980: prior code 2.20.010).

2.28.020 Executive meetings.
All meetings of the council and commissions or agencies created by this code or by the city council shall be open to the public; however, excepted subjects may be discussed in executive meetings by any of the above. (Ord. 80-9 1 (part),1980: prior code 2.20.020).

2.28.030 Public notice of meetings-Required.
Reasonable notice shall be given of all meetings of the city council and any commission or agencies created thereby. (Ord. 0-9 1 (part),1980: prior code 2.20.030).

2.28.040 Public notice of meetings-Manner.
For the purpose of giving notice of meetings, reasonable public notice is given if a statement containing the date, time and place of the meeting is published not less than twenty-four hours before the meeting time and posted in no less than three (3) public places within the city and by announcement of such meeting on radio/television stations within the city. If the meeting is a special meeting, then the above statement shall also contain the expected subjects of discussions, but the failure to list a subject shall not invalidate any action taken in respect thereto. (Ord. 80-9 1(part), 1980: prior code 2.20.040).

2.28.050 Public notice of meetings- Emergency or special meetings.
An emergency or special meeting may be held after such public notice as is reasonable under the circumstances, without regard to the publication requirements in Section 2.28.040, upon the affirmative vote of all members present or the affirmative vote of three-fourths of those elected or appointed that a public emergency affecting life, health, welfare or property exists. (Ord. 80-9 1 (part), 1980: prior code 2.20.050).

2.28.060 Oath of office
A. All officers elected or appointed before entering upon the duties of office shall affirm in writing the following oath and affirmation:
I __________do solemnly swear (or affirm) that I will support the Constitution of the United States and State of Alaska and the laws and ordinances of the City of Kotzebue, State of Alaska, and that I will honestly, faithfully and impartially perform the duties of the office of ____________. So help me God.
B. The oath is filed with the municipal clerk. (Ord. 80-9 1 (part), 1980: prior code 2.20.060).

2.28.070 Council appointment of officers.
The city council shall appoint the city clerk, city manager and city attorney. (Ord-80-9 1 (part), 1980: prior code 2.20.070).

2.28.080 Nondiscrimination-Appointment after elective office.
A. No person may be appointed to or removed from municipal office or in any way favored or discriminated against with respect to a municipal position because of his race, color, sex, creed, national origin or, unless otherwise contrary to law, because of his political opinions or affiliations.
B. An elected city official shall not be appointed to any salaried or wage-earning position of the city sooner than two years after vacating the elected office.(Ord. 80-9 1 (part), 1980: prior code 2.20.080).

2.28.090 Financial interest in official actions.
A council member or other officer or employee of the city shall disqualify himself from participating in any official action in which he has substantial financial interest. (Ord. 80-9 1 (part), prior code 2.20.090).

2.28.100 Causes for declaring office vacant.
An elected municipal office may be vacated under the following conditions and upon the declaration of vacancy by the council. The council may declare an elective office vacant when the person elected:
A. Fails to qualify or take office within thirty days after his election or appointment;
B. Is physically absent from the municipality for a ninety-day period, unless excused by the city council;
C. Resigns and his resignation is accepted;
D. Is physically or mentally unable to perform the duties of his office;
E. Is removed from office;
F. Has missed more than three consecutive regular city council meetings during a term year which are not excused due to personal, medical, military service, work-related travel or weather related emergencies; or is absent from more than six regular meetings during a term year.
A councilor is not considered absent from a regular council meeting when the council member has been directed by the city council to be absent from the meeting in order to conduct city business elsewhere. A councilor may participate by teleconference and be counted in attendance if unable to attend in person.
G. Is convicted of a felony or of an offense involving a violation of his oath of office. (Ord. 94-3 1,2, 1994; Ord. 92-9 1,2, 1992; Ord. 89-4 1, 1989; Ord. 84-15 1, 1984; Ord. 81-9, 1981: Ord. 80-9 1 (part), 1980: prior code 2.20.100).

Chapter 2.32

CITY ATTORNEY

Sections:
2.32.010 Appointment-Duties

2.32.010 Appointment-Duties
The city attorney shall be appointed by, serve at the pleasure of, and act as the legal advisor of the council. He shall advise the city manager and the city clerk concerning legal problems affecting the city administration. He shall perform such other duties as may be prescribed by the council. (Prior code 2.50.010).

Chapter 2.36

FIRE DEPARTMENT

Sections:
2.36.010 Regular department established Composition.
2.36.020 Volunteer fire department.
2.36.030 Fire chief-Appointment Qualifications.
2.36.040 Fire chief-Powers and duties.
2.36.050 Rules and regulations.
2.36.060 Training, records and reports.
2.36.070 Equipment-Volunteers' private cars.
2.36.080 Ambulance service.

2.36.010 Regular department established-Composition.
There shall be a fire department in and for the city to be known as the "Kotzebue Fire Department". It shall consist of a fire chief and assistant chief or chiefs and as many other officers and firefighters as may be deemed necessary for the effective operation of the department. (Prior code 2.40.010).

2.36.020 Volunteer fire department.
A. Organization. Members of the fire department may organize into a voluntary association with the election of their own officers and bylaws.
B. Limitation on Powers. The functions and duties of the officers of the volunteer department shall not interfere with those of the regular department officers who are charged with responsibility for all fire service activities of the department. The voluntary association shall in no way limit the power of the fire chief. All property used by the fire department is and remains the property of the city and all expenses of the fire department shall be paid by check upon proper voucher by regular city authorities.
C. Funding by City. From time to time in such amounts as the council deems advisable, payments may be made to the volunteer department for the purpose of giving that association funds with which to reimburse members for clothing damage while attending fires and for such other purposes in keeping with its functions. (Prior code 2.40.020)

2.36.030 Fire chief-Appointment- Qualifications.
The head of the fire department shall be the fire chief appointed by the city manager. His appointment shall be for an indefinite period of time and with tenure of office depending upon his good conduct and efficiency. He shall be technically qualified through training and experience and shall have the ability to command men. (Ord. 86-2 3, 1995: Ord. 79-108 (part), 1979; prior code 2.40.030(a).

2.36.040 Fire chief-Powers and duties
A. The fire chief shall determine the number and kind of companies of which the department is to be composed and shall determine the response of such companies to alarms.
B. The fire chief shall appoint all other officers and firefighters (both paid and volunteer). Such appointments shall be insofar as possible, following fair and impartial competitive examination. All officers shall be accountable to the fire chief or his representative.
C. The fire chief shall annually submit a tentative budget for his department to the city manager.
D. The fire chief shall assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin and circumstances of all fires. (Prior code 2.40.030(b)).

2.36.050 Rules and regulations.
The fire chief shall maintain and enforce an up-to-date comprehensive set of rules and regulations governing the discipline, training and operation of the fire department. Such rules, regulations and any deletions, changes or additions shall be effective when approved and filed with the council. The fire chief shall carry out the enforcement of these rules and regulations and is authorized to suspend or remove from service any officer or firefighter as provided in the rules and regulations. (Prior code 2.40.040).

2.36.060 Training, records and reports.
A. Drills and Training. The fire chief or his representative shall, at least two times per month, provide for suitable drills covering the operation and handling of all equipment essential for efficient department operation. In addition, he shall provide, at least four times per year, quarterly sessions of instructions to include such subjects as first aid, water supplies, and other subjects related to fire suppression.
B. Records. The fire chief shall see that complete records are kept of all apparatus, equipment, personnel, training, inspections, fires and other department activities.
C. Reports. Current records and comparative data for previous years and recommendations for improving the effectiveness of the department shall be included in an annual report. Such other reports as may be required concerning the department in general, giving suggestions and recommendations for major improvements, and listing other data so as to maintain a complete record of the activities of the department shall also be prepared. (Prior code 2.40.050).

2.36.070 Equipment-Volunteers' private cars.
A. City-owned Equipment.
1. The fire chief shall be responsible to the city manager for recommending such apparatus or other firefighting equipment as may be required to maintain fire department efficiency, and for providing suitable arrangements and equipment for reporting fires or emergencies, and for notifying all members of the department to assure prompt response to such incidents.
2. The fire chief or his authorized representative shall have power to assign equipment for response to calls for outside aid where agreements are in force and in other cases only when the absence of such equipment will not jeopardize protection of this city.
3. No persons shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority take away or conceal any article used in any way by the department.
4. No person shall enter any place where fire apparatus is housed or handle apparatus or equipment belonging to the department unless accompanied by, or having the special permission of, an officer or authorized member of the department.
B. Private Vehicles of Volunteers. Each member of the department driving a private car shall be issued a suitable insignia to be attached to the car designating him as a member of the department. (Prior code 2.40.060).

2.36.080 Ambulance service.
A. Function Assigned. There shall be within the fire department, in addition to the normal fire protection and prevention activities, an ambulance service to provide emergency care and transportation of the critically ill and injured.
B. Rules and Regulations. The fire chief shall keep a set of rules and regulations governing the operation of the ambulance service which shall become effective when approved and filed with the city council.
C. Rates of Charge for Service. The fire chief shall recommend to the city manager a schedule of fees for the ambulance service which shall become effective following a public hearing and approval by the city council.
D. Equipment. The fire chief shall be responsible to the city manager for recommending such equipment, supplies, and apparatus as may be required to provide an efficient and dependable ambulance service.
E. Reports. The fire chief shall include data and information concerning the ambulance service in the reports required by Section 2.36.060. (Prior code 2.40.070).

Chapter 2.40

POLICE DEPARTMENT

Sections:
2.40.010 Chief of police-Appointment and Qualifications
2.40.020 Chief of police-Powers and duties
2.40.030 Police officer Qualifications.

2.40.010 Chief of police - Appointment and Qualifications
The head of the police department shall be the chief of police appointed by the city manager. The chief of police shall have supervision and control of the police department. His appointment shall be for an indefinite period of time and with tenure of office depending upon his good conduct and efficiency. He shall be technically qualified through training and experience and shall have the ability to command men. (Ord. 96-2 4, 1995: Ord. 79-108(part), 1979: prior code 2.35.010).

2.40.020 Chief of police-Powers and duties.
The head of police shall supply all written reports as required by the city manager. It shall be the duty of the police department to apprehend and arrest and bring to justice all violators of the ordinances of the city; to suppress all riots, affrays, and unlawful assemblies which may come to their knowledge and generally to keep the peace; to serve all warrants, writs, executions, and other processes properly directed and delivered to them; to apprehend and arrest persons violating federal or state laws as provided by law, and to turn them over to proper authorities; and in all respects to perform all duties pertaining to the office of law enforcement. The police department shall have charge of and operate the jail when the city operates its own jail or has responsibility for operating the regional jail. (Prior code 2.35.020)

2.40.030 Police Officer Qualifications
People seeking the position of a police officer in the city must meet the minimum standards set by the Alaska Police Standards Council and Kotzebue Police Department Regulation 1-5. They may not have any convictions for felony crimes, domestic violence, or crimes that would make the applicant ineligible for Alaska Police Standards certifications. Applicants must successfully complete a field training officer program during their 12 month probationary period and in not more than 15 months obtain basic certification for the Alaska Police Standards Council unless the Standards Council extends that period of time.

Chapter 2.48

PERSONNEL SYSTEM*

Article I. General Provisions
Sections:
2.48.005 Purpose - Objectives.
2.48.010 Non-exempt service - Exempt service.
2.48.015 Personnel officer - Designated.
2.48.020 Personnel officer - Duties.
2.48.025 Review and amendment of rules, policies and procedures.
2.48.030 Personnel records.
2.48.031 Access to and confidentiality of personnel records.

Article II. Hiring Policies

2.48.035 Merit and fitness basis.
2.48.036 Advertising of vacancies.
2.48.040 Promotion from within ranks.
2.48.045 Non merit discrimination - Unlawful practices.
2.48.050 Qualifications verified.
2.48.055 Minimum age.
2.48.065 Municipal - residents preference.
2.48.070 Handicapped persons.
2.48.075 Veteran preference.
2.48.080 Nepotism.

Article III. City Employment

2.48.085 Regular employees.
2.48.090 Temporary and Short Hour employees.
2.48.160 Other employment.
2.48.180 Gifts and gratuities.

Article IV. Compensation

2.48.210 Objectives.
2.48.225 Budget Consideration.
2.48.240 Promotions.
2.48.245 Leave, terms of service, compensation and benefits.
2.48.250 Suspension, Demotion and Dismissal.
2.48.255 Family and Medical Leave
2.48.260 Grievances.
2.48.265 Employee conduct requirements.
2.48.270 Conflict with State or Federal Requirements.
2.48.275 Legal liability - conduct.
2.48.280 Emergency suspension.
2.48.445 State retirement system coverage.
2.48.510 Rights retained by city.
*Prior history: Prior code 2.55.010-2.55.450, 2.55.480,2.55.490,2.55.520-2.55.800, 2.55.830-2.55.1010. Ords. 78-99, 79-110, 81-8, 82-3, 83-6, 84-2, 84-16, 86-26, 86-28, 90-2, 90-12, 91-1, 91-12.

Article I. General Provisions

2.48.005 Purpose - Objectives.
The City shall have a system of personnel administration that is based on the merit principle. The personnel system shall:
A. Recruit and retain the best personnel obtainable for the municipal service;
B. Provide employment security for municipal employees subject to the requirements for the work to be performed, the availability of funds, and the continued acceptable work performance and personal conduct of the employee;
C. Provide definite duty assignments;
D. Provide a personnel system free of personal and political considerations as to employment, promotion, retention, discipline and discharge of employees.
E. Furnish sound training, supervision and administrative direction;
F. Promote opportunities in the municipal service based on merit and fitness;
G. Abide by all state and federal employment laws. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.010 Non-exempt service-Exempt service.
All officers and positions of this city shall be and are allocated to either the exempt service or the non-exempt service.
A. The exempt service shall include all elected officials, the City Manager, department heads(family entertainment center, engineering/projects manager, finance, fire, police, public works and any other department heads designated by the City Manager and approved by the City Council), political appointees, members of boards and commissions, employees covered by contracts, and all personnel appointed to serve without compensation.
Exempt employees are not covered by the provisions of the personnel system as set forth in Chapter 2.48, "Personnel System" of the Kotzebue Municipal Code or the Personnel Policy Manual for the City of Kotzebue, except those provisions of Chapter 2.48 and the Personnel Policy Manual that deal with employee records, paid holidays, leave accrual and health/life insurance.
B. The non-exempt city service shall include all persons who are not specifically placed in the exempt service by this section. Unless specifically designated otherwise, personnel policies and rules shall apply only to employees of the non-exempt service.(Ord. 95-1 2 Exh. A (part), 1994).

2.48.015 Personnel officer - Designated.
The city manager shall be the personnel officer. However, the city manager may delegate some or all personnel duties to a department head or another city official. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.020 Personnel officer - Duties.
The city manager or designee shall have the basic responsibility for the personnel system as set forth in this chapter.
The City Manager specifically shall:
A. Promulgate and adopt policies, rules and regulations. Such policies, rules and regulations and deletions, changes or additions thereto shall be effective when approved by the city council;
B. Be responsible for effective personnel administration;
C. Appoint, remove, suspend and discipline all officers, department heads and employees of the city subject to the provisions set forth in the Kotzebue Municipal Code and subject to state and federal law; or the City Manager may authorize the head of the department to appoint and remove subordinates; D. Fix and establish the number of employees in the various city departments and offices and determine the duties and compensation in accordance with the provisions of the Kotzebue Municipal Code, subject to approval of the city council and budget limitations;
E. Perform such other duties and exercise such other powers and personnel administration as may be prescribed by law and the Kotzebue Municipal Code;
F. Appoint a city employee to serve as the key person on issues pertaining to personnel, to manage the day to day functions and duties of the personnel officer, research, advise and make recommendations pertaining to personnel issues, serve as the employee technical advisor on orientations, benefits, personnel problems and city policy. All actions, policies or recommendations of such a person shall be subject to prior approval of the city manager. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.025 Review and amendment of rules, policies and procedures.
The personnel rules, policies and procedures may be reviewed from time to time by a personnel committee (appointed by the city manager). Any recommendations for change shall be submitted to the city council for approval. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.030 Personnel records.
The city shall maintain personnel records of city employees.(Ord. 95-1 2Exh. A(part), 1994).

2.48.031 Access to and confidentiality of personnel records.
All city personnel records are strictly confidential. However, any employee or former employee wishing to obtain information from his personnel records shall submit such a request in writing to the personnel officer. Department heads may have access to their employees personnel files, upon approval of the city's personnel officer. Personnel files shall not be disclosed or produced to third parties except upon an order from a court of competent jurisdiction and then only in such a fashion so as to protect, to the maximum extent permitted by law, the confidential nature of personnel files and personnel matters.

Article II. Hiring Policies

2.48.035 Merit and fitness basis.
Hiring, promoting, demoting and disciplining of city employees shall be made on the basis of merit and fitness. "Merit" is defined as a high level of performance which deserves recognition and is worthy of praise. "Fitness" is defined as attributes appropriate to the position. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.036 Advertising of vacancies.
Except in cases of an emergency (as declared by the city council or city manager), all vacancies in city regular and temporary positions or new city regular and temporary positions shall be advertised.

2.48.040 Promotion from within ranks
When qualified individuals are available, appointment to fill vacancies may be by promotion from within the municipal services. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.045 Non-merit discrimination- Unlawful practices.
There shall be no discrimination in the city's employment procedures, including appointment, promotion, demotion, suspension or removal, based upon race, color, creed, ethnic background, sex, religious affiliations or other non-merit, non-fitness reasons. The city shall comply with all state and federal law regarding employment practices.

2.48.050 Qualifications verified.
Before appointment, each applicant shall be interviewed and qualifications verified. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.055 Minimum age
Minimum age for municipal employment shall be in accordance with state and federal law. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.065 Municipal-residents preference.
Other qualifications being equal, preference in employment or promotion shall be given to residents of the city. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.070 Handicapped persons.
Employment of qualified handicapped persons is encouraged. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.075 Veteran preference.
In every department and upon all public works of the city, veterans shall be preferred for employment as allowed and as defined in state law. A person claiming such a preference shall be required to show proof of such entitlement.

2.48.080 Nepotism
No person may be employed in a position supervised by a family member, unless such a situation occurs after both persons were employed by the city. In that case, the city manager, with advice of the city attorney, shall make any necessary adjustment to job duties and assignments, but in no case shall this result in loss of employment unless the employees concerned so agree. "Family members", for the purpose of this provision, means spouse, father, mother, brother, sister or natural or adopted child, father-in-law, mother-in-law, brother-in-law and sister-in-law.

Article III. City Employment

2.48.085 Regular employees
Regular appointments are made to positions which are considered to be a part of the regular complement needed for performing ongoing municipal services. A regular employee may be either:
A. In a full-time position that requires working thirty (30) or more hours a week on a regular basis; or
B. In a part-time position, that requires working at least fifteen hours a week but less than thirty (30) hours per week on a regular basis.
C. All regular full time and regular part time employees are entitled to health and life insurance, retirement, holiday and leave benefits.(Ord. 95-1 2 Exh. A (part), 1994).

2.48.090 Temporary and short hour employees.
A. A temporary and short hour employee is an at will employee hired as an interim replacement, or for temporary work. A temporary or short hour employee may be discharged, demoted or suspended with or without cause at the complete discretion of the department head.
B. A short hour employee is one who works irregular hours of less than fifteen (15) hours per work week.
C. Temporary and short hour employees are not entitled to health/life insurance, retirement, holiday or leave benefits.
D. Only temporary employees are entitled to the same overtime benefits and requirements afforded regular employees, as required by state or federal law. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.160 Other employment.
No employee shall engage in any other employment during the hours that the employee is scheduled to work for the city. Any employee who engages in other employment outside normally scheduled hours of duty shall notify the department head in writing of the nature and extent of such employment, the place and the hours to be worked. Employees who perform services seven days a week, twenty-four hours a day, must have approval from the department head prior to undertaking any other employment. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.180 Gifts and gratuities.
An employee shall not accept a gift, gratuity, consideration or extraordinary favor from any person doing business, or likely to do business, with the municipality and shall immediately report to the department head any offer, promise or suggestion that such a gift be made. In the event an offer is made to a department head, such shall be reported to the city manager. Any person either offering or receiving such a gift, gratuity, consideration or extraordinary favor for a corrupt purpose is subject to criminal penalties prescribed in state or federal law. This section, however, does not apply to the giving of ceremonial gifts or gifts of nominal value, or gifts received from an employee's family or ordinary circle of friends when not offered for a corrupt purpose. (Ord. 95-1 2 Exh. A (part), 1994).

Article IV. Compensation

2.48.210 Objectives.
The compensation plan is designed to:
A. Establish the framework for equal pay for work similar in nature, responsibility or difficulty;
B. Provide a means of rewarding city employees for continued good or outstanding service;
C. Establish salary rates which compare favorably with those of other public and private employees in the same area; and,
D. Provide administrative flexibility in recognizing differences among employees whose positions are allocated to the same classification and in meeting conditions requiring salary adjustment. (Ord. 95-1 2 Exh. A (part), 1994).

2.48.225 Budget Consideration
The city's annual budget process may necessitate revisions and amendments to the compensation plan.

2.48.240 Promotions.
Promotions shall be made by department heads with the approval of the city manager. (Ord. 95-1 2. Exh. A (part), 1994).

2.48.245 Leave, terms of service, compensation and benefits.
Leave, terms of service, compensation and fringe benefits, including group and health insurance, shall be determined by the city manager, with approval of the city council.

2.48.250 Suspension, Demotion and Dismissal.
Suspension, demotion and dismissal policies, rules and procedures shall be established by the city manager, with approval of the city council.

2.48.255 Family and medical leave.
Family and medical leave shall be provided by the city in compliance with federal and state law.

2.48.260 Grievances.
Grievance procedures for non-exempt employees shall be established by the city manager, with approval of the city council.

2.48.265 Employee conduct requirements.
City employees are required at all times to conduct themselves in an exemplary manner befitting the public service in which they are employed. Employees and volunteers shall not use, or be impaired by the use of, alcohol or illegal drugs at the workplace.

2.48.270 Conflict with State or Federal Requirements.
The city council may by motion waive any part of this chapter or the personnel policies, rules and procedure adopted pursuant to this chapter that conflict with state or federal requirements that are a condition to the receipt of state or federal funds. The waiver shall apply solely to the extent of the conflicting portion of this chapter or the personnel policies, rules and procedures and only with respect to the program directly affected.

2.48.275 Legal liability - conduct.
An officer or employee of the city may be denied legal support and indemnity by the city if the cause of action against the employee was the result of the employee acting outside the scope of employment, or working within the scope of employment but acting in a grossly negligent manner.

2.48.280 Emergency suspension.
This chapter and the personnel policies, rules and procedures adopted pursuant to this chapter may be suspended temporarily in whole or in part by the city manager, with the approval of the city council, in the event of a natural disaster or major civil disturbance.

2.48.445 State retirement system coverage.
The city is a participant in the State of Alaska Public Employee's Retirement System. Coverage is mandatory for all regular full-time employees and all regular part-time employees on the date of hire.

2.48.510 Rights retained by city.
Nothing in this chapter is intended to circumscribe or modify the existing rights of local government to do the following; provided that none of these rights may be exercised in an arbitrary or capricious manner:
A. Direct the work of its employees and maintain efficiency of governmental operations;
B. Hire, promote, transfer, assign and retain employees in positions within the city as needed and as can be adequately funded;
C. Discipline, demote or dismiss employees as allowed by local, state and/or federal law;
D. Relieve employees from duties because of lack of work, lack of funding or other legitimate reasons allowed by local, state and/or federal law;
E. Take action as necessary to carry out the duties of the city in any or all emergencies; and,
F. Determine the methods, means, resources and personnel by which governmental operations are to be carried out.(Ord. 95-1 2 Exh. A(part),1994).

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Posted August, 2003