otherwise. Such code, ordinance,
standard or regulation so adopted
need not be enrolled in the book
of ordinances; but a copy shall be
filed and kept in the office of the
city clerk. The city clerk shall keep
copies of all such codes, ordinances,
standards and regulations in force
for distribution or sale at their
approximate cost.
Ordinances:
Codification
Section 2-16. The ordinances of
the city shall be codified and pub
lished in book or pamphlet form
at least every ten years unless the
council, by use of a loose-leaf sys
tem, provides for keeping the code
up to date. Titles, enacting clauses
an emergency sections may be
omitted from the code; and tem
porary and special ordinances and
parts of ordinances may be omit
ted. Permanent general ordinances
and parts of ordinances which are
to be repealed by the code, shall
be omitted from the code. The
ordinances and parts of ordinances
included in the code may be re
vised, rearranged, and reorganized;
and the code may contain new mat
ter, provisions of the State Con
stitution and law applicable to the
city, and this charter. The council
by non-emergency ordinance shall
adopt the code. A copy of the code 1
shall be filed and kept in the of- 1
fice of the city clerk after adoption, (
but the code need not be enrolled
in the book of ordinances.
ARTICLE III
CITY MANAGER AND
ADMINISTRATIVE
DEPARTMENTS
City Manager; Appointment,
Term, Qualifications, Removal
Section 3-1. There shall be a
city manager. The council shall
appoint him for an indefinite term
by a vote of a majority of all its
members. He shall be chosen solely
on the basis of his executive and
administrative qualifications. At
the time of his appointment, he
need not be a resident of the city
or state; but, during his tenure of
office, he shall reside within the
city. Neither the mayor nor any
councilman may be appointed city
manager during the term for which
he shall have been elected. The
council may suspend or remove the
city manager at any time by a vote
of a majority of all its members.
City Manager:
Powers and Duties
Section 3-2. The city manager
shall be chief administrative offi
cer and head of the administrative
branch of the City government.
He shall execute the laws and or
dinances and adlminister the gov
ernment of the city, and shall be
responsible therefor to the coun
cil. He shall:
(1) Appoint, and when deemed
necessary for the good of
the service, lay off, suspend,
demote or remove, all di
rectors, or heads, of admin
istrative departments and
all other administrative offi
cers of the City except per
sonnel in the department of
law; provided that the city
manager or the council by
ordinance may delegate this
power and duty to directors,
or heads, of departments
and other administrative of
ficers and agencies as re
gards their own subordin
ates;
(2) Supervise and control all ad
ministrative departments,
agencies, officers and em
ployees, appointed by him
self or by agencies and of
ficers subordinate to him;
(3) Prepare a budget annually
and submit it to the council,
be responsible for the ad
ministration of the budget
after it goes into effect, and
recommend to the Council
any changes in the budget
which he deems desirable;
(4) Submit to the council a re
port as of the end of the
fiscal year on the finances
and administrative activities
of the City for the preceding
year;
(5) Keep the council advised of
the financial condition and
future needs of the city, and
make recommendations on
policy and other matters.
(6) Have such other powers, du
ties and functions as this
Charter may prescribe, and
such powers, duties and
functions consistent with
this charter as the council
may prescribe.
Department of Finance:
Director, Duties
Section 3-3. There shall be a
director of finance, or treasurer,
who may also be city clerk, and
who shall be an officer of the city
appointed by the city manager for
an indefinite term, and who shall
be director, or head, of the depart
ment of finance. Except as the
council provides otherwise by or
dinance, the director of finance
shall collect or receive revenue and
other money for the city, shall be
responsible for its custody, safe
keeping, deposit, investment, and
Jisbursement, in accordance with
this charter and the ordinances of
the city, and shall maintain a gen
eral accounting system for the city
government. When reference is
made by law or otherwise to city
treasurer, it shall mean the direc
tor of finance unless the council
by ordinance creates a separate of
fice of city treasurer within the de
partment of finance.
ARTICLE IV
OFFICERS AND EMPLOYEES
Appointments, Removals, etc.
Merit System
Section 4-1. A merit system is
hereby established for personnel in
the city service. Appointments and
promotions in the service of the
city shall be made solely on the
basis of merit and fitness. Remov
als, demotions, suspensions and
layoffs shall be made solely for
the good of service. The coun
cil, consistent with this Charter, by
ordinance or personnel rules, may
regulate personnel matters (includ
ing any examination to be given to
applicants) and provide for proper
personnel administration.
Personnel Board Created
Section 4r2. The City council
shall have the power of appointing
a personnel board consisting oi
three members appointed by the
council for overlapping six-year
terms, the term of one member
beginning January 1 in every odd
numbered year. The council shall
appoint the three original mem
bers so that the term of one year
will expire January 1 in each ol
the first three succeeding odd-num
bered years. A member may not
hold any other office or position
in the city government. The coun
cil, by a vote of at least five mem
bers, after adequate opportunity
for a public hearing, may remove
a member for the good of the serv
ice; and the vote shall be by yeas
and nays and shall be entered in
the journal. The council shall fill
vancancies for unexpired terms.
At the time prescribed for the
beginning of the term of a newly
appointed member or as soon there
after as practicable, the board shall
elect a chairman, a vice chairman
and a secretary; and the secretary
leed not be a member of the board,
rhe board shall determine the time
md place of its regular meetings,
tfid the chairman or two members
nay call special meetings.
The personnel board shall have
>ower to subpoena officers and
employees of the city and other
persons to testify and to produce
documents and other effects as evi
dence. It may also have the addi
tional power of promulgating its
own rules and regulations, subject
to council approval.
Classification and
Unclassified Service
Section 4-3. All officers and em
ployees of the city shall be divided
into the classified and the unclassi
fied service.
(1) The following shall consti
tute the unclassified service:
(a) The mayor and council
men, the municipal
judge or judges, if any,
and one clerk or secre
tary of the municipal
court if any;
(b) The city manager and
all other personnel ap
pointed, elected, ap
proved or confirmed by
the council; one prin
cipal assistant to the
city manager, if any;
and one secretary to the
city manager, if any;
(c) Members and secretar
ies of boards, commis
sions and other plural
authorities;
(d) All personnel who serve
without compensation;
(e) All temporary, part-time
or volunteer personnel
except such as may be
placed in the classified
service by ordinance o~
personnel rules.
(2) All other officers and em
ployees shall be in the classi
fied service.
Qualifications of Officers
and Employees
Secton 4-4. Officers and em
ployees of the city shall have the
qualifications prescribed by this
charter and such additional qual
ifications as the council may pre
scribe; but the council shall not
prescribe additional qualifications
for the mayor and councilmen.
Nepotism, Holding More Than
One Office or Position
Section 4-5. Except when chosen
upon basis of competitive examin
ation, neither the city manager,
the council nor any other author
ity of the city government, may
appoint or elect any person re
lated to the mayor or any council
man, to the city manager, or to
himself, or, in the case of a plural
authority, to one of its members,
by affinity or consanguinity with
in the third degree, to any office
or position of profit in the city
government; but this shall not pro
hibit an officer or employee from
continuing in the service of the
city.
Except as may be otherwise
provided by this charter or by or
dinance, the same person may hold
more than one office or position in
the city government. The city man
ager may hold more than one such
office or position, through appoint
ment by himself, by the council
or by other city authority having
power to fill the particular office
or position, subject to any regula
tions which the council may make
by ordinance; but he may not re
ceive compensation for service in
such other offices and positions.
Also the council by ordinance may
provide that the city manager shall
hold ex officio any designated ad
ministrative office or offices sub
ordinate to the city manager as
well as other designated compat
ible city offices, notwithstanding
any other provision of this charter
Official Bonds
Section 4-6. The city manager,
the director of finance, and such
other officers and employees as
the council may designate, before
entering upon their duties, shall l e
bonded, by individual and/or group
bonds, for the faithful performance
of their respective duties, payable
to the city, in such form and in
such amounts as the council may
prescribe, with a surety company
authorized to operate within the
state. The city shall pay the prem
iums on such bonds.
Oath or Affirmation of Office
Section 4-7. All officers of the
city and such employees as the
council may designate before en
tering upon the duties of their of
fices, shall take and subscribe to
the oath or affirmation of office
prescribed by the Alaska Constitu
tion, Article XII, Section 5. The
oath or affirmation shall be filed
and kept in the city clerk’s office.
Who May Admnister Oaths
and Affirmations
Section 4-8. All officers author
ized by federal and state law, the
mayor, the city clerk, the chairman
of the personnel board, and such
other officers as the council may
authorize, may administer oaths
and affirmations.
Removal, etc., of
Officers and Employees
Section 4-9. The power to layoff,
suspend, demote and remove offi
cers and employees accompanies
the power to appoint or elect them.
Acting Officers and Employees
Section 4-10. The appointing or
electing authority who may appoint
or elect the successor of an officer
or employee, may appoint or elect
a person to act during the tem
porary absence, disability or sus
pension of such officer or em
ployee, or, in case of a vacancy,
until a successor is appointed or
elected and qualifies, unless the
council provides by ordinance that
a particular superior or subordi
nate of such officer or employee
shall act.
Officers to Continue Until
Successors are Elected or
Appointed and Qualify
Section 4-11. Every officer who
is elected or appointed for a term
ending at a definite time, shall
continue to serve thereafter until
his successor is elected or appoint
ed and qualifies unless his services
are sooner terminated by resigna
tion, removal, disqualification,
death, abolition of the office or
other legal manner.
Publicity of Records
Section 4-12. All records and ac
counts of every office, department
or agency of the city government,
except records and documents the
disclosure of which would tend to
defeat the lawful purpose which
they are intended to • accomplish,
shall be open to public inspection.
ARTICLE V
BUDGET, TAXATION AND
FISCAL AFFAIRS
Fiscal Year
Section 5-1. The fiscal year of the
city government shall begin on the
first day of July and shall end on
the last day of June, unless other
wise provided by ordinance.
Budget: Preparation and
Submission
Section 5-2. At least three weeks
before the beginning of the fiscal
year, the city manager shall pre
pare and submit to the council a
proposed budget for the next fis
cal year which shall contain de
tailed estimates of anticipated
revenues and proposed expendi
ture for the year, but shall exclude
any revenues from fines or for
feitures. The total of such proposed
expenditures shall not exceed the
total of such anticipated revenues.
The budget shall be in such form
and have such contents as the coun
cil may require. The budget and
any budget message accompanying
it, shall be a public record in the
office of the city clerk, and shall
be open to public inspection. Suf
i' ient copies of the budget and
any budget message shall be made
for distribution to persons on re
quest.
Same: Public Hearing
Section 5-3. The council shall
hold a public hearing on the pro
posed budget at least one week
after a notice of the time of the
hearing has been published; and
any interested person shall have
an opportunity to be heard thereat
for or against the estimates or any
item thereof. The council may con
tinue the hearing at later meet
ings.
Same: Amendment—
Adoption—Appropriations
Section 5-4. The council may in
sert, strike out, increase or de
crease items in the budget and may
otherwise amend it. The council,
by vote of at least a majority of
its members, not later than the
third day before the beginning of
the fiscal year, shall adopt the
budget and make the appropria
tions for the next fiscal year. If
the council fails to adopt the bud
get and make the appropriations
on or before that day, the budget,
as submitted or as amended, as
the case may be, shall go into ef
fect and be deemed to have been
finally adopted by the council; and
the proposed expenditures therein
shall become the appropriations
for the next fiscal year. The ap
propriations, when made by the
council by resolution or ordinance
separate from the budget docu
ment, need not be in as great de
tail as the proposed expenditures
in the budget; but appropriations
shall never exceed the anticipated
revenues in the budget.
Same: Funds Other Than
The General Fund
Section 5-5. The budget herein
provided for shall include the gen
eral fund, and may also include
other funds but in separate esti
mates. Budgets for other funds
which are deemed to require form
al budgeting, may also be prepared,
considered, and adopted separately
from the budget of the general
fund.
Transfer of Appropriation
Balances
Section 5-6. The council, by mo
tion, resolution or ordinance pas
sed by vote of a majorty of all its
members, may transfer unencum
bered appropriation balances or
parts thereof from any item of ap
propriation to any other item of
appropriation, including new Hemst
whether or not such other items is
within the same department, office
or agency.
Taxation: Powers
Section 5-7. The city shall have
all powers of taxation which home
rule cities may have under the
state constitution and law.
Same: Assessments, Levy and
Collection of Property Taxes—
Exemptions
Section 5-8. The council by ordi
nance shall provide for the annual
assessment, levy and collection of
taxes on property. No exemptions
from taxation except those express
ly provided by law or ordinance,
shall be allowed.
Same: Private Leasehold, etc.,
In Property Owned or Held by
the United States, the State
Or Its Political Subdivisions
Section 5-9. Private leaseholds,
contracts, or interests in land or
property owned or held by the
United States, the state or its
political subdivisions, shall be tax
able to the extent of the interests.
Same: Assessment
Equalization
Section 5-10. The taxable status
of property shall be determined as
of the first day of January or such
other date as may hereafter be
prescribed by law or ordinance,
which is called assessment day.
Values on the assessment rolls
shall be determined according to
the facts existing on the assess
ment day for the year for which
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