2.25.060 Declaring and filling vacancies.
A. The assembly shall declare an assembly member’s seat vacant when the assembly member:
1. Fails to qualify or take office within 30 days after election or appointment;
2. Is physically absent from the municipality for 90 consecutive days unless excused by the governing body;
3. Resigns and the resignation is accepted;
4. Is physically or mentally unable to perform the duties of office as determined by a two-thirds vote of the governing body;
5. Is convicted of a felony or of an offense involving a violation of the oath of office;
6. Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the members of the governing body concur in expelling the person elected;
7. Is convicted of a violation of AS 15.13;
8. No longer physically resides in the municipality and the governing body by a two-thirds vote declares the seat vacant; this subsection does not apply to a member of the governing body who forfeits office under AS 29.20.140(a); or
9. If a member of the governing body misses three consecutively held regular meetings and is not excused.
B. If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated.
C. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat.
D. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer.
E. Notwithstanding subsection C of this section, if the membership of the assembly is reduced to fewer than four assembly members, then the remaining assembly members shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven days after the quorum was reduced to less than four assembly members.
F. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. [Ord. FY2008-12 §2, 2008; Ord. FY2005-07 §4, 2004; Ord. 98-02 §4, 1998; Ord. 90-18 §2, 1990; Ord. 79-11-O, 1979; Ord. 74-6-O §5, 1974; prior code Ch. 2 subch. 2 §5. Formerly §2.16.060].