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A. An ordinance is introduced in writing in the form required by the assembly.

B. The following procedure governs the enactment of all ordinances, except emergency ordinances which are specified in KIBC 2.30.075.

1. An ordinance is introduced by a member or committee of the assembly, or by the mayor or manager;

2. An ordinance shall be set by the assembly for a public hearing by the affirmative vote of a majority of the votes authorized on the question;

3. At least five days before the public hearing, a summary of the ordinance shall be published together with a notice of the date, time and place for the hearing. At least six days shall lapse between introduction and final passage;

4. Copies of the ordinance or resolution shall be available to all persons present at the hearing, or the ordinance shall be read in full;

5. During the hearing, the assembly shall hear all interested persons wishing to be heard;

6. After the public hearing, the assembly shall consider the ordinance and may adopt it with or without amendment;

7. The assembly shall print and make available copies of an ordinance that is adopted.

C. An ordinance takes effect upon adoption or at a later date specified in the ordinance.

D. This section does not apply to an ordinance proposed under AS 04.11.507(d) relating to procedure for local option elections.

E. Recording of Votes. The “ayes” and “noes” shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the assembly.

F. Voting.

1. All assembly members present shall vote unless the assembly for special reason permits a member to abstain, except no assembly member may vote on a question in which he has a substantial financial interest. All motions to excuse a member shall be made before the call of “ayes” and “noes” is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons for making such a request, and the vote shall be taken without further debate.

2. If a member refuses to vote, the clerk shall record a vote for the prevailing side. The “prevailing side” is the side that carried the question and is described as follows:

a. If the question passed, having received the affirmative votes of the quorum, that is the prevailing side; or

b. If the question failed, having not received the affirmative votes of the quorum, that is the prevailing side.

3. No member shall be allowed to explain his vote or discuss the question while the “ayes” and “noes” are being called but may change his vote between the time of calling for the vote by the clerk and the announcement of the result by the chair or the clerk. The chair or the clerk shall ask if anyone wishes to change their vote.

4. The vote upon any question shall be “ayes” and “noes” and shall be recorded in the journal of the assembly. In the case where only six members of the assembly are present and there is a three/three tie vote of the assembly, the mayor may vote. No resolution, ordinance or motion before the assembly shall be valid unless affirmed or denied by a majority of the votes to which the assembly is entitled on the question.

5. Approval of each ordinance shall require the affirmative vote of a majority of the elected members of the assembly, except as otherwise specified by borough ordinance or the statutes of the state of Alaska.

G. Numbering Ordinances and Resolutions. A number shall be assigned to each ordinance or resolution by the clerk prior to introduction.

H. Ordinance Passage Procedures. When passed by the assembly, an ordinance or resolution shall be signed by the mayor and be attested by the clerk; and it shall be immediately filed and thereafter preserved in the office of the clerk.

I. Request for Ordinances or Legal Opinions. Any member of the assembly may request the manager or clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting, provided the ordinance can be drafted and distributed to members of the assembly in accordance with time schedules set forth in subsection B of this section. During a work session or a meeting, any two or more members of the assembly may request written legal opinions, relating to borough business, from the attorney through the manager’s or the clerk’s office. Upon receipt of assembly-requested proposed ordinance or written legal opinion, the clerk shall forthwith cause to have distributed the subject ordinance or written legal opinion to all assembly members so that all members may be fully informed of the status of borough affairs.

J. Motions. When a motion is made and seconded, it shall be stated by the chair or, being in writing, it shall be presented to the chair and read aloud before debate. The mover shall state his motion in concise language and shall not discuss it nor his reason for making it until the motion is seconded.

K. Privileged Motions. When a question is under debate, no motion shall be made except for the following privileged motions which shall have precedence:

1. To adjourn;*

2. To recess;*

3. To raise a question of privilege;*

4. To call for the order of the day, or the regular order;*

5. To lay on the table;*

6. For the previous question;*

7. To limit or extend limits of debate;*

8. To postpone to a certain time;

9. To refer;

10. To amend;

11. To postpone indefinitely.

* Note: Not debatable.

When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made and, in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven are not subject to debate.

A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended. The motion to postpone to a certain time is the motion by which action on a pending question or agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until after a certain event.

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 defeated. No motion or proposition of a subject different to that under consideration shall be admitted under cover of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, or at any time subsequent thereto, be in order upon the call of any member and take precedence over all other business.

L. Previous Question. The previous question may be ordered by a majority vote of the members present upon all recognized motions which are debatable and shall have the effect to cut off all debate and bring the assembly to a direct vote upon the motion before the assembly. The question shall be put in this form: “The previous question has been moved and seconded; all those in favor of calling the previous question say “aye”; all those opposed say “no.”” The results of the motion are as follows: If determined in the negative, the consideration goes on as if the motion had never been made; if it is decided in the affirmative, the chair at once and without debate proceeds to put the main motion as ordered. If an adjournment is after the previous question is ordered, the subject comes up in its regular order at the next meeting and the previous question still operates.

M. Division of Question. The chair may divide the question or an assembly member may request a division of a question.

N. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance.

O. The same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so.

P. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if:

1. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of “yes” votes, then those assembly members voting “no” shall constitute the prevailing side regardless of the relative number of “yes” and “no” votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and

2. The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or

3. Two assembly members file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the “next regular assembly meeting” as that term is used in this section.

Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order.

Q. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action of the assembly except:

1. When the question could be reached by a motion to reconsider;

2. When something has been done, as a result of the vote on the main motion, that is impossible to undo or persons have otherwise reasonably relied on the vote to their detriment (the unexecuted part of an action, however, can be rescinded);

3. When the matter is in the nature of a contract, and the other party has been informed of the vote; or

4. When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action.

A motion to rescind may be made at any subsequent assembly meeting and there is no time limit on when the motion can be made. A motion to rescind shall not be renewed during the same meeting at which it was made, but it may be reconsidered in the same manner as any other main motion.

A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the same vote as that required to pass the previously adopted action. There shall be no more than one motion to rescind on a question. If the motion to rescind passes, the question on the main motion is automatically before the assembly for further action, including amendment. [Ord. FY2017-25 §2, 2017; Ord. FY2008-14 §2, 2008; Ord. FY2008-13 §2, 2008; Ord. 03-06 §2, 2003; Ord. 02-16 §4, 2002; Ord. 98-02 §4, 1998; Ord. 90-48 §3, 1991; Ord. 90-12 §2, 1990; Ord. 87-11-O §3, 1987; Ord. 86-13-O(A) §3, 1986; Ord. 79-11-O, 1979. Formerly §2.17.070].