CHARTER OF THE CITY OF
KODIAK, ALASKA
PREAMBLE
We, the people of the City of
Kodiak, exercising the powers of
home rule granted to us by the
constitution and laws of the State
of Alaska, in order to provide for
more efficient, adequate and eco
nimical government, do hereby or
dain, ratify and establish this
Charter of the City of Kodiak,
Alaska.
ARTICLE I
INCORPORATION, FORM OF
GOVERNMENT, POWERS,
INTERPRETATION
Incorporation
Section 1-1. The City of Kodiak,
Alaska, shall continue to be a
municipal body politic and corpo
rate in perpetuity under the name
of the “City of Kodiak, Alaska.” It
shall succeed to and possess all
the property, rights, privileges,
franchises, powers and immunities
now belonging to the corporation
known as the City of Kodiak,
Alaska; and shall be liable for all
debts and other obligations for
which the corporation is legally
bound at the time this Charter goes
into effect.
Boundaries
Section 1-2. The Boundaries .f
the city as they exist at the time
this Charter goes into effect, shall
remain the boundaries of the City
until they are changed in a manner
authorized or permitted by the
State constitution and/or law.
Form of Government
Section 1-3. The municipal gov
ernment provided by this Charter
shall be known as the “Council
Manager Government.” All powers
of the City shall be exercised in
the manner prescribed by thi3
ordinance.
Powers of the City
Section 1-4. The City of Kodiak,
Alaska, shall have all the powers,
functions, rights, privileges, fran
chises and immunities of every
name and nature whatever, which
a home-rule city may have under
the constitution and laws of the
State of Alaska. The city may exer
cise all legislative powers not pro
hibited by law or by this Charter.
The enumeration or mention of
particular powers by this Charter
suau not De aeemea to De exclus
ive or limiting; and in addition to
the powers enumerated or men
tioned herein or implied hereby,
the City shall have all powers
which, under the State Constitution
and law, it would be competent
for this Charter specifically to
enumerate or mention.
Applicability of State Law
Section 1-5. Provisions of State
law relating to matters which may
be regulated by home-rule cities,
shall be in effect in this City only
insofar as they are applicable and
are not superseded by this Charter
or by ordinance.
Interpretation—Definitions
Section 1-6. Except as otherwise
clearly indicated by the context:
(1) The singular includes the
plural, the plural includes the
singular, and the masculine gender
extends to and includes the fem
ine gender and the neuter.
(2) Words indicating the pres
ent tense are not limited to the
time of adoption of this Charter,
but may extend to and include the
time when an event or requirement
occurs to which any provision is
applied.
(3) “Capital Improvement”
means a public improvement of a
permanent nature, and may in
clude land and equipment neces
sary for the functioning of a build
ing or other capital improvement.
(4) “City” means the City of
Kodiak, Alaska.
(5) “Council” means the City
Council of the City of Kodiak.
(a) “All its members” or
all -ur ev ;i"
LOU 1/uUCU
for in tms Charier,
without regura to va
cancies or aosences.
(6) “Law” denotes applicable
federal law, the constitution and
statutes of Alaska, and applicable
common law.
(17) “Local Improvement”
means public improvement speci
ally beneficial to the property af
fected, and also includes the abate
ment of such unsafe, unhealthful,
or unsanitary conditions as the
Council shall determine to be a
public nuisance.
(8) “Ordinance” means a law
of the City; provided that a tem
porary or special law, administra
tive action, order or directive, may
be in the form as a resolution.
(9) “Person” extends and applies
to association, firm, corporation,
governmental agency and unit jf
government as well as to an in
dividual.
(10) Public Improvement
means improvements to or in con
nection with streets, sidewalks,
parks, playgrounds, buildings, sew
er systems, water systems, power
systems, harbor facilities and any
other real property or appurten
ances thereof of the City used by
the public.
(11) “Public Utility” includes all
common carriers in the public
streets, water, sewage disposal,
electric light, central heating, gas,
electric power, telephone and tele
graph lines and systems, and such
other and different enterprises as
the law or the Council may deter
mine.
(12) “Publish,” “published,” or
“publication” includes the setting
forth of any matter for public no
tice at least once in one or more
newspapers of the City qualified
by law for the publication of
notices, or posting in at least five
conspicuous public places in the
City. In all such cases of publica
tion by posting the City Clerk shall
provide a copy of the ordinance,
otice or document posted, on re
quest from any person, without
charge, at any time within two
months after posting.
AKlItLIi 11
THE COUNCIL
Councilmen: Number and
Qualification
(Section 2-1. There shall be a
council of six members. Only per
sons -ualified to vote at General
Obligation Bond elections, of the
City who, at the time of their elec
tion or choice to fill a vacancy, are
at least twenty-one years old have
resided within the City at least two
years, and in the State for three
years, shall be qualified for the
office of councilman. No council
man may hold other office or posi
tion with compensation in the City
government. If any Councilman
ceases to be a resident of the City,
he shall thereupon cease to hold
office.
Mayor and Deputy Mayor
Section 2-2. There shall be a
mayor who shall have all the quali
fications of a councilman, and in
adlition must be at least thirty (30)
years of age at the time of his
election or choice to fill a vacancy,
The mayor shall preside at meet
ings of the council, and shall cer
tify the passage of all ordinances
and resolutions passed by it. He
shall have no regular administra
tive duties except that he shall sign
such written obligations of the
City as the council may require. , i’
a vacancy occur in the office of
mayor, the council shall elect a
qualified person, who may or may
not be a councilman at the time, to
be mayor for completion of the
unexpired term or until the va
cancy is filled by election. If a
councilman is elected mayor, his
office as councilman shall be vacat
1 1
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-I * , 'vu6 lK:
0*1— - wWiyelect
eu iuu>, . oancil shall
di'fcwi »— o- i.j iiiji.idtjrs deputy
mayor, who shall serve as such
until the next first such meeting.
The deputy mayor shall act as
mayor during the absence or dis
ability of the mayor or, if a vacan
cy occur in the office of mayor,
until another mayor is elected by
the Council and qualifies. If the
office of deputy mayor becomes
vacant, the council shall elect from
its members another deputy mayor
for the completion of the unex
pired term. The deputy mayor,
when acting as mayor, shall con
tinue to have a vote as councilman;
but he shall not have veto power.
Should both the mayor and dep
uty mayor be absent from a council
meeting a temporary mayor shall
be appointed by the council to
serve durng such absence.
Councilmen: Compensation
Section 2-3. The compensation
of the mayor and councilmen 6hall
be determined by a non-emergency
or initiated ordinance; but no in
crease in the compensation, except
wnen made oy ordinance enacted
by the qualified voters by initiative
shall become effective until after
a regular City election has been
held. The mayor and councilmen
shall not receive any other com
pensation for any personal service
rendered the city, but may be re
imbursed for expenses incurred in
the discharge of their official dut
ies. This section shall not affect
the compensation which a member
of the council may receive as a
member of the borough assembly.
Council: Powers
Section 2-4. Except as otherwise
provided in this charter, all pow
ers of the City, including the de
termination of all matters of pol
icy, shall be vested in the council.
Without limitation of the forego
ing, the council shall have power:
(1) To appoint and remove the
City Manager as provided in
this Charter;
(2) By ordinance to enact leg
islation relating to any or
all subjects and matters not
prohibited by the State Con
stitution or by law or by this
Charter;
(3) To adopt the budget, raise
revenue and make appropri
ations, and regulate salaries
and wages, and all other fis
cal affairs of the city;
(4) To inquire into the conduct
of any office, department or
agency of the city, and in
vestigate municipal affairs;
(5) To appoint or elect and re
move its own subordinates,
personnel in the department
of law, the members of the
personnel board, and other
quasi-legislative, quasi- judi
cial or advisory officers and
authorities, or prescribe the
method of appointing or
electing and removing them;
(6) To create, change and abol
ish all offices, departments
and agencies of the city
government other than the
offices, departments and
agencies created by this
Charter; and to assign ad
ditional powers, duties and
functions to offices, depart
ments and agencies created
by this Charter.
Council Not to Interfere In
Appointments and
Removals, etc.
Secttion 2-5. Neither the coun
cil, any councilman, nor the mayor,
may participate in manner, except
as provided in this Charter, in the
appointment or removal of offi
cers and employees of the City.
Except for the purpose of inquiry,
w.c k.oa. „ - j mayor sna*.
a* .. w . ..liiistrative serv
ice scieij tnrougn the City Man
ager.
City Clerk
Section 2-6. There shall be a city
clerk, who shall be an officer ol'
the City appointed by the Council
for an indefinite term.
The city clerk shall serve as
clerical officer of the council. He
shall keep the journal of the pro
ceedings of the council, and shall
enroll in a book or books kept for
the purpose all ordinances and
resolutioss passed by it. He shail
be custodian of such documents,
records and archives as may be
provided by law or ordinance; shall
be custodian of the seal of the
city, and shall attest, and affix the
seal to, documents when required
in accordance with this Charter,
law or ordinance; shall keep a cor
rect and up-to-date record of the
City boundaries and changes there
in; and shall supervise municipal
elections and such other elections
as may be required by law or or
dinance, including voter registra
tion and records; provided that the
council by ordinance may vest the
supervision of elections in a board.
Council: Meetings
Section 2-7. The council shall
hold at least two regular meetings
every month at such time and place
as it may be prescribed by ordin
ance, resolution or rules of the
council. The mayor or any four
councilmen may call special meet
ings. All meetings of the council
shall be open to the public, and
the journal of its proceedings
shall be open to public inspection;
but committees of the council, in
cluding the committee of the
whole, may hold private meetings.
All actions of the council shall be
taken at public meetings.
Council: Absences to
Terminate Membership
Section 2-8. If the mayor or any
member of the council shall be
absent from four consecutive regu
lar meetings of the council, the
council may declare his office Va
cant; and his office shall be auto
matically vacated if he is absent
from more than one-half of all
regular meetings held within any
six-month period.
councilmen: Removal
Section 2-9. The mayor or any
councilman may be removed from
office for any cause specified by
applicable state law, and in the
manner prescribed thereby, or by
recall as provided in this Charter.
Council Vacancies
Section 2-10. The Council shall
fill vacancies in its own member
ship, and in the office of mayor
for the unexpired terms or until
the vacancies are filled at elections
as provided herein; provided that,
if the number of vacancies is such
that the council no longer has
enough members to constitute a
quorum, then the mayor or the
remaining councilmen shall call a
special election to fill the vacan
cies.
If a vacancy occurs before the
beginning of a regular filing pe
riod for candidates for council
men, and the unexpired term ex
tends beyond the time when the
terms of councilmen elected that
year begin, then a mayor or coun
cilman for that place shall be elec
ted at the regular election of that
year to serve the rest of the un
expired term beginning at the time
the terms of councilmen elected
that year begin.
Council: Quorum, Rules,
Yeas, and Nays, Voting
Section 2-11. A majority of all
of the members of the council shall
constitute a quorum, but a smaller
number may adjourn from day to
day or from time to time. The
council shall determine its own
rules. On the demand of any mem
ber, the vote on any question shall
,y yeas and nays, and shall be
eiuered in the journal; provided
t the council by rules or or
c...ance may require the vote on
any or ail questions to be by yeas
aiiJ nays. A vote of at least a ma
jority of all the councilmen shall
be required for the adoption of
every motion. The mayor shall vote
in case of a tie. All members in
attendance shall vote on all ques
tions, except no member shall vote
on any proposed action of the
Council in the subject matter of
which he has a direct or indirect
pecuniary interest.
Ordinances: Enacting Clause
Section 2-12. The enacting clause
of all ordinances passed by the
council shall be, “Be it ordained
by the Council of the City of
Kodiak, Alaska,” and of all ordi
nances proposed by the voters un
der their power of initiative, “Be
it ordained by the People of the
City of Kodiak, Alaska.”
Ordinances: Passage,
When In Effect
Section 2-13. A proposed ordi
nance shall be read, and a vote of a
majority of all councilmen present
shall be required for advancing to
second reading. Before a vote on
final passage, a proposed ordinance
shall be read by title or in full,
and a vote of a majority of all the
councilmen shall be required for
its nnai passage.
The mayor shall have the power
to veto ordinances and resolutions
passed by the council; provided
that such power is exercised at the
meeting of the council at which
the ordinance or resolution is fi
nally passed. The mayor shall ad
vise the council in writing no later
than the beginning of the next reg
ular meeting of his reasons for
vetoing an ordinance or reslution.
The council may finally pass an
ordinance or resolution over the
veto of the mayor at such meeting,
whether or not the mayor submits
his reasons. An affirmative vote
of five members of the council
shall be required to pass an or
dinance or resolution which has
been vetoed by the mayor, and the
vote shall be by yeas and nays and
shall be entered in the journal.
No ordinance except an emer
gency ordinance may be finally
passed on the same day that it is
introduced. Within ten days after
its final passage without a veto or
final passage over the veto of the
mayor, as the case may be, every
ordinance shall be published in full
or by number and title with a brief
summary. Emergency ordinances
and ordinances making, repealing,
transferring, or othermise chang
ing appropriations, shall go into
effect immediately upon 6uch final
passage unless they specify a later
time. All other ordinances shall go
into effect one month after such
final passage and publication un
less they specify a later date.
Ordinances: Emergency
Section 2-14. An emergency or
dinance is an ordinance which, in
the judgment of the council, is
necessary for the immediate pres
ervation of the public peace, health
or safety, and which should be
come effective before an ordinary
ordinance would become effective.
Every such ordinance shall con
tain, as a part of its title, the
words, “and declaring an emer
gency”; and in a separate section,
herein called the emergency sec
tion, shall declare the emergency.
An affirmative vote of at least five
members of the council shall be
required for the final passage of
an emergency ordinance.
Ordinances: Adoption by
Reference
Section 2-15. The council by or
dinance may adopt by reference,
codes, ordinances, standards and
regulations relating to matters
which it has power to regulate
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