DENALI BOROUGH, ALASKA

ORDINANCE NO. 92-14

 

INTRODUCED BY :   Sid Michaels

 

 

AN ORDINANCE TO ESTABLISH GUIDELINES FOR THE FORMATION AND

FUNCTION OF BOARDS, COMMISSIONS, AND COMMITTEES.

 

BE IT ENACTED by the Assembly of the Denali Borough, Alaska that:

 

 

Section 1.  Classification.

 

            This ordinance is of a general and permanent nature.

 

 

Section 2.  Description.  The following guidelines for the formation and function of boards, commissions, and committees shall be added to the Municipal Code.

 

BOARDS, COMMISSIONS, AND COMMITTEES.

 

A                   BOARDS.  All boards will be created by ordinance.

 

1.     The ordinance to create a board will contain the following:

 

a.      The purpose of the board.

b.      Number of board members.

c.      Board member qualifications.

d.      How board members are to be selected.

e.      Terms of board members.

f.        Vacancies, when and how filled.

g.      Powers and duties of the board.

h.      Officers and how chosen.

i.        Meetings:

(1)   Rules of procedure.

(2)   Regular and special defined.

(3)   Records required.

 

2.     The ordinance to create a board may contain the following:

 

a.      Board member compensation.

b.      Board member travel pay and per diem.

c.      Conflict of interest section.

d.      Authority of board member section.

e.      Board policy manual defined or authorized.

f.        Office and staff defined.

g.      Budget and expense procedures defined.

h.      Seal authorization, description, and custody.

i.        Other items that may be added by the Assembly.

 

 

B                   COMMISSIONS. All commissions will be created by ordinance.

 

1.     The ordinance to create a commission will contain the following:

 

a.      The purpose of the commission.

b.      Number of commission members.

c.      Commission member qualifications.

d.      How commission members are to be selected.

e.      Terms of commission members.

f.        Vacancies, when and how filled.

g.      Powers and duties of the commission.

h.      Officers and how chosen.

i.        Meetings:

(1)     Rules of procedure.

(2)   Regular and special defined.

(3)   Records required.

 

2.     The ordinance to create a commission may contain the following:

 

a.      Commission member compensation.

b.      Commission member travel pay and per diem.

c.      Conflict of interest section.

d.      Authority of commission member section.

e.      Commission policy manual defined or authorized.

f.        Office and staff defined.

g.      Budget and expense procedures defined.

h.      Seal authorization, description, and custody.

i.        Other items that may be added by the Assembly.

 

 

C                  STANDING COMMITTEE.  A committee created by ordinance by the Assembly to continue until it is repealed or dissolved by the Assembly.

 

1.     The ordinance to create a standing committee will contain the following:

 

a.      The purpose of the committee.

b.      Number of committee members.

c.      Committee member qualifications.

d.      How committee members are to be selected.

e.      Terms of committee members.

f.        Vacancies, when and how filled.

g.      Officers and how chosen.

h.       Meetings:

(1)   Rules of procedure.

(2)   Regular and special defined.

(3)   Records required.

 

2.     The ordinance to create a standing committee may contain the following:

 

a.      Committee member compensation.

b.      Committee member travel pay and per diem.

c.      Conflict of interest section.

d.      Office and staff defined.

e.      Budget and expense procedures defined.

f.        Other items that may be added by the Assembly.

 

 

D                  SPECIAL COMMITTEE.  A committee created by resolution by the Assembly for a specific purpose, it continues until the purpose assigned to it has been fulfilled, unless sooner discharged.

 

1.     The resolution to create a special committee will contain the following:

 

a.      The purpose of the committee.

b.      Number of committee members.

 

2.     The resolution to create a special committee may contain the following:

 

a.      Committee member qualifications.

b.      How committee members are to be selected.

c.      The names of the committee members.

d.      Other items that may be added by the Assembly.

 

 

E                   COMMITTEE PROCEDURES.  Unless otherwise stated, the following will apply to both special and standing committees.  If not otherwise covered in the ordinance or resolution creating the standing or special committee, then the following procedures will apply.

 

1.     Nomination of members of committees.

 

a.      The members of a committee may be selected by nomination from the floor and formal election by the Assembly.

b.      The presiding officer, members of the Assembly, or Mayor may suggest names to be approved by the Assembly.

c.      If more names are suggested than the number to constitute the committee, the presiding officer puts the names individually in the order suggested until enough are chosen to constitute the committee.  The negative as well as the affirmative vote must be taken when voting.

 

2.     Selection of committee chairperson.

 

a.      The Assembly may designate the chairperson of the committee.

b.      When no chairperson has been designated, the committee has the right to select one of its members to be chairperson, but the first member appointed should in every case call the committee together and act until a chairperson has been elected by the committee.  He/She continues to act as chairperson unless the committee chooses a different chairperson.  If the first person named fails or refuses to call the committee together, the second member appointed should act, and each member in succession may act in the absence, or refusal to act, of those appointed before.

 

3.     Resignation of chairperson.

 

The chairperson of a committee may resign his chairpersonship with the consent of the Assembly and still retain his/her membership on the committee.  When the chairperson resigns, the Assembly may appoint another chairperson, or the committee may make its own selection and notify the Assembly of its action.

 

4.     Duties of committee chairperson.

 

a.      To call the committee together at such reasonable times and places as to enable the committee to properly perform its functions.

b.      To preside over meetings of the committee and to put all questions.

c.      To maintain order and decide all questions of order subject to appeal to the committee.

d.      To supervise and direct the clerical and other employees of the committee.

e.      To prepare, or supervise, the preparation of reports of the committee and submit the same to the Assembly.

f.        To have custody of all papers referred to the committee, and to transmit them to the chief clerical officer of the Assembly when the committee is through with them.

 

5.     Appointment of other committee officers.

 

A committee has the authority by a majority vote to elect a vice chairperson, secretary, and other committee officers.

 

6.     Quorum of committees.

 

 

The quorum of a committee is a majority of the members of the committee unless otherwise provided.  The presence of a quorum is required in order for a committee to act legally and officially.

 

7.     Powers of committees.

 

a.      The Assembly cannot delegate its powers to a committee, but when it ratifies the act of a committee in due form the act of the committee becomes the act of the Assembly.

b.      Committees are but instruments or agencies of the Assembly and their function is to carry out the will of the Assembly.

c.      The functions of a committee are purely advisory.  All its acts are subject to review by the Assembly and may be approved or rejected.  Committee acts are recommendations only and have no force until approved by the Assembly.

d.      A committee may make such a report concerning any question before it as it sees fit, but the Assembly is not limited by the report and can take such action as it chooses.

e.      By authority from the Assembly, a committee may employ all outside help or counsel needed to accomplish its lawful purpose.

 

8.     Proposing amendments to ordinances.

 

a.      A committee can only propose amendments to the ordinances referred to it and cannot actually amend or modify them.

b.      A committee cannot alter an ordinance or other document referred to it, but must submit any proposed amendments to the Assembly on a separate paper.

c.      It is within the power of a committee to which an ordinance has been referred to report it back with or without amendments.  There is no limit to the number of amendments which may be made to an ordinance so long as the amendments are germane to the original purpose of the ordinance.  Amendments may be so numerous as to amount to a substitution of the ordinance.

d.      A committee has full power with reference to proposing amendments to measures submitted to it, except that it cannot change the subject of the measure.  The Assembly may refuse to receive or consider amendments proposed by a committee which are not relevant to the general subject of the ordinance.  A committee may properly propose any amendments within the general scope of the ordinance, and in case amendments are numerous, the committee may offer a substitute for the ordinance instead of a series of amendments to it.

e.      If amendments are pending on a measure when referred to a committee, the amendments go with the ordinance to the committee and the committee may recommend concerning the adoption or rejection of the amendments already proposed and make such further recommendations and propose such other amendments as they may choose.

 

9.     Substitute ordinances.

 

a.      A committee may recommend that every clause in an ordinance be changed and that entirely new matter be substituted so long as the new matter is relevant to the title and subject of the original ordinance.  A substitute ordinance is considered as an amendment and not as a new ordinance.

b.      The proper form of reporting a substitute ordinance by a committee is to propose amendments to strike out all of the ordinance following the enacting clause and to substitute the new ordinance, recommending also any necessary changes in the title.

 

10. Introduction of ordinances by committee.

 

a.      Committees have authority to introduce ordinances respecting any matters referred to them and standing committees may introduce ordinances within their general scope.

b.      If the rules require that all ordinances be referred to committee, an ordinance which has been introduced by a committee is not required to be referred to that committee for further consideration.

 

11. Instructions to committees.

 

a.      When a question is referred to committee it may be referred with instructions or without.  The committee may be left without restrictions or may be partly or completely restricted.

b.      When a committee receives specific instructions, they must be accurately carried out.

c.      A particular section of an ordinance will not be referred to a committee, but the entire ordinance may be referred to the committee with instructions confining the consideration of the committee to a particular section or paragraph.  When an ordinance is referred to a committee with instructions relating to a part only of the ordinance, the committee may not recommend with reference to other parts.

d.      A motion to refer an ordinance to committee may be amended by adding instructions, and such instructions may also be amended so long as they are germane to the subject of the ordinance.

e.      The Assembly will not commit a matter to a committee with instructions to report anything contrary to the facts.

 

12. Papers and information for committees.

 

a.      The clerk will furnish the chairperson of the committee, or in his/her absence some other member of the committee, with the notice of the appointment of the committee, the names of members, papers or other matters referred to it, and such instructions as may have been decided upon.

b.      All papers or books necessary for the information of a committee in the proper performance of its duties will be turned over to it by the Assembly or clerk upon its request.

c.      When the work of a committee has been completed, it is the duty of the chairperson to return to the Assembly or clerk all documents or papers which were referred to it.

 

13. Committee meeting action.

 

a.      A committee can act only at a meeting, and not by separate consultation and consent, and a committee has no authority to report anything not agreed upon when actually assembled.  Everything done by a committee must have been submitted to the committee in actual session, and an opportunity must have been given for consideration and discussion.

b.      When no meeting of a committee has been held, a report of the committee cannot properly be presented to the Assembly.  It is irregular for a committee to report on any matter which has not been considered by it in a formal meeting and the report authorized.  The presiding officer of the Assembly will reject any report which has not been considered in committee.

c.      An action formally taken by a committee cannot be altered thereafter by a committee or its members except by further formal action of the committee.

 

14. Regular committee meetings.

 

a.      A committee will meet at the time and place officially set for its meetings when a time and place has been provided, but when no regular time or place has been provided, it may meet at such times and places as its members may decide.

b.      When a regular time and place is fixed for a committee meeting, the chairperson may, after consultation with and upon the consent of a majority of the members, change the time and place of the meeting provided such change is published per Chapter 1, Section 2 of the Denali Borough Municipal Code.

c.      The time and place of all regular committee meetings will be published per chapter 1, section 2 of the Denali Borough municipal code.

d.      When committees adjourn without provision for future meetings, they adjourn subject to call of the chairperson.

e.      Minutes of all committee meetings are public records.

 

15. Special meetings.

 

a.      A special committee meeting is one called to transact definite specified business and in this particular differs from a regular meeting.

b.      A special meeting may be called at any time by the chairperson or any two members of the committee by notifying every member of the meeting and publishing the time and place per Chapter 1, Section 2 of the Municipal Code.

c.      Business to be transacted at a special meeting must be set out in the call for the meeting and no business is in order except as specified in the call.

 

16. Attendance at committee meetings.

 

a.      Any member of the Assembly has the right to be present at committee meetings and to express his opinion, but he/she cannot vote and must give way to any member of the committee.  Committee meetings are open to the public.

b.      The committee must secure the definite authority from the Assembly whenever it desires to hold a closed session.

 

17. Committee procedures.

 

a.      The rules of procedure in the committee are the same as the rules of the Assembly insofar as the such rules are applicable to committee procedure.  But insofar as the conditions permit, the rules limiting debate will be relaxed in order to give free discussion and not to handicap the work of the committee.  The principal rules which are not enforced in their full vigor are the following:

(1)   No motions to close or limit a debate are allowed.

(2)   It is not necessary to arise and address the body to put a question.

(3)   He/She does not leave the chair to speak or to make motions.

(4)   Motions are not required to be seconded even though this requirement may still be retained by the committee.

(5)   A member may speak more than once at the same stage of consideration of a question.

b.      There can be no appeal to the presiding officer of the Assembly from decisions on points of order made by the committee chairperson.

c.      In a committee all questions must be put to a vote unless agreed to by general consent.

 

18. Reconsideration by committee.

 

A committee has the right to reconsider any action taken by it so long as the subject matter remains in the possession of the committee.

 

19. Authority of committee with reference to measures.

 

a.      If a committee is opposed to the whole ordinance or document referred to it, it cannot reject it but must report it back to the Assembly.  The measure may be reported without recommendation or the committee may recommend the disapproval of the measure.  The committee may propose to the Assembly any change by amendment so long as the amendments are germane to the subject of the measure.

b.      To avoid the practice of preventing the passage of measures by leaving them in committee without taking action on them, or laying them on the table in committee, the Assembly, by a majority vote, has the authority to remove any measure from committee.

c.      Committees must report all matters referred to them back to the Assembly.

 

20. Adjournment of committees.

 

a.      All committees, upon the completion of the regular business of the meeting, will be adjourned upon motion.

b.      The motion to rise is never used in committees except when the work of the committee is completed and the committee will not meet again.

 

21. Membership of special committees.

 

a.      A committee for action should be small and consist only of those in favor of the proposed action, and if one not at sympathy is appointed, he/she should ask to be released.

b.      A committee for deliberation or investigation should represent all the important factions in the Assembly, so that its opinion will carry as great a weight as possible.  Such a committee should also consist of representatives on both sides of a question, where there is a clear division, to avoid charges of bias.

c.      Where a committee is appointed to study some particular measure or matter, persons opposed to the whole project should not be appointed.

 

22. Subcommittees.

 

a.      Any committee, except a committee of the whole, may appoint a subcommittee.  The subcommittee can make such investigation or exercise such authority as may be delegated to it by the committee.  A subcommittee reports to the committee from which it was appointed, and not to the Assembly.  A subcommittee can consist only of members of the committee from which appointed.

b.      The Assembly may divide committees into subcommittees and to give certain instructions directly to the subcommittees.

 

23. Committee reports.

 

a.      Every ordinance reported by a committee must be accompanied by a written report.  The ordinance should be returned with its report but should not be permanently attached to it.

b.      A committee should report only such recommendations as have been agreed upon by a majority vote at a meeting to which all members were invited, and at which a quorum was present.

c.      A committee report should make a distinct recommendation concerning each ordinance or question reported by it, but one report may recommend concerning several ordinances.

d.      When a committee has not been able to agree on an ordinance, it may report the ordinance back without recommendation.

e.      When resolutions are required to carry into effect the recommendations of a committee on matters submitted to it, the appropriate resolutions should be prepared by the committee and submitted with its report.

f.        A committee report may not contain a recommendation but may simply report facts.

g.      The report of a committee appointed to investigate or report upon any matter should be accompanied by formal resolutions covering all recommendations concerning the matter referred to it, so that when the report is made, no motion is necessary except to adopt the resolutions.

h.      When the general nature of the report to be made has been agreed upon, some member of the committee should be directed to prepare the report.  No one has authority to make a report for a committee except as authorized by the committee.

i.        The committee chairperson may prepare a draft of the report and submit it for the approval of the full committee.  The chairperson is never justified in making a report which has not been approved by the committee.

j.         Committee reports must be authorized by a majority of a quorum meeting as a committee.

 

24. Presentation of committee reports.

 

a.      At the place in the order of business provided for reports of committees, they are presented when called for by the presiding officer.

b.      If it is desired to receive a report earlier than the rules provide, it can be done by unanimous consent or by suspending the rules.

c.      The right given to a committee to report at any time, carries with it the right to consider the matter when reported.

d.      Committee reports may be received out of order and when an ordinance is so reported, it may be taken up for immediate consideration without a motion to that effect.

e.      The routine reports may be sent to the clerk when prepared and read by the clerk when called for by the presiding officer under the appropriate order of business.  A formal reading of a committee report is not necessary when copies of the report are available to all present.

 

25. Consideration of committee reports.

 

a.      The report of a committee consist only in recommendations and has no force or effect until confirmed by the Assembly.

b.      When the report of a committee is agreed to, the recommendation of the committee becomes the action of the Assembly.

c.      When a committee report is agreed to, if any motions are necessary to carry out the purpose of the report, they should be immediately submitted.

d.      When the Assembly desires further time to consider a committee report, it is in order to move that the consideration be postponed until some later time.

e.      The Assembly may not consider ordinances reported by committees when the report is received, but may order the ordinance to a second reading and to consider the ordinance and the recommendation of the committee when the ordinance comes up for a second or third reading.

f.        The action of the Assembly in considering committee recommendations on measures is always directed to the ordinance or resolution, as, to adopt amendments or to pass the ordinance; and is not directed to accepting or approving the report of the committee.

g.      Assembly members on a committee may vote on the question of receiving their own report.

 

26. Minority committee reports.

 

a.      The reception of a minority report of a committee is a mere matter of courtesy, as the report must be made by the committee as such, and no minority need be officially recognized.  The Assembly may permit the minority to submit their report following the submission of the regular committee report.

b.      The minority members of a committee may, collectively or individually, present views with the committee report, but unless filed with the report, they may be presented only by permission of the Assembly.

c.      A single member may dissent from the report of the majority or to agree to the report with certain exceptions.

d.      A member of a committee who does not agree with the report may be permitted to state his views following the filing of the committee report.

e.      A minority of a committee may, with permission, submit a report in which they make recommendations opposed to all or part of the recommendations of the majority, or they may make recommendations concerning matters within the consideration of the committee which were not covered by the majority report.

f.        When a minority report has been presented, it is in order to move that it be substituted for the regular committee report.  The only way that the report of a minority can be brought before the Assembly for consideration is to move that it be substituted for the regular committee report.

g.      Either a regular committee report or a "minority" report may be laid on the table without the other report adhering to or being affected by the action.

 

27. Amendments proposed by committees.

 

a.      Amendments proposed by a committee are not binding on the Assembly in any sense but, being merely recommendations.  The Assembly, on consideration of such amendments, may agree or disagree to all or to any amendments, or may add others or take such other action as it may chose.

b.      When committee amendments are presented, it is in order to offer amendments to such amendments, or to offer other amendments, but amendments proposed by the committee are entitled to prior consideration as being first proposed.

c.      The previous question may be ordered on amendments submitted by committee and thus prevent the submission of further amendments as well as prevent debate or motions concerning the amendments submitted by the committee.

 

28. Questioning validity of committee reports.

 

a.      Neither the right of a committee to consider and report an ordinance, nor the validity of any action reported by a committee may be questioned after the Assembly has begun its consideration of the ordinance or other matter reported.

b.      If the question of whether a committee report is sufficient, or has been properly authorized, be raised, the question must be submitted to the Assembly for decision rather than to be decided by the presiding officer.

c.      After the report on an ordinance has been filed and the ordinance is no longer in the possession of the committee, the committee has no authority to present a supplemental report.

 

 

F                   JOINT COMMITTEE.  A joint committee is a committee made up of committees appointed by each of two or more bodies sitting together.  It may be a special or standing committee and must be formed accordingly.

 

1.     Chairperson.  A joint has the right to select its own chairperson and officers.

 

2.     Quorum.  A quorum of a joint committee is a majority of its combined membership and when a quorum is present a majority of that quorum is capable of transacting business.

 

3.     Instructions.  A joint committee may be instructed by either body acting independently or both bodies acting concurrently.

 

4.     Reports.  The report of a joint committee will be made to each body by the members of the body represented on the committee.

 

5.     Voting.  In voting in joint committees the members vote individually and not by bodies.

 

6.     Joint meetings of standing committees.  The Assembly may authorize or direct two standing committees to sit as one committee for the consideration of a specified ordinance or subject.

 

G                  COMMITTEE OF THE WHOLE.

 

1.     Will consist of the entire Assembly.

 

2.     Will be formed by a motion.

 

3.     Will be confined to one specific subject which will be named in the motion ( this may be an ordinance or a resolution).

 

4.     This motion is to commit and takes precedence of the motion to amend or postpone indefinitely and yields to all other motions.

 

5.     The motion to commit may contain or be amended to contain some way to limit the time for debate within the committee.  Otherwise the committee, before beginning debate, may agree to limit debate.

 

6.     If the motion to commit is adopted, the chairperson immediately calls another member to the chair and takes his place as a member of the committee.

 

7.     The committee is under the rules of the Assembly, excepting as stated hereafter in this section.

 

8.     The only motions in order by the committee are to amend and adopt, and that the committee "rise and report".

 

9.     A committee of the whole:

 

a.      Cannot refer the subject to another committee.

b.      Cannot order a vote by roll call taken on any matter.

c.      Cannot entertain any question of priority.

d.      Cannot entertain any matter of privilege.

e.      Cannot lay a question on the table.

f.        Cannot postpone the consideration of any question.

g.      Cannot reconsider a vote.

h.      Has no authority to appoint a subcommittee.

 

10. The committee cannot alter the text of any ordinance or resolution referred to it, but if an ordinance or resolution originates in the committee, then all the amendments are incorporated in it.

 

11. When the committee wishes to adjourn, a motion to "rise and report" is required (can be made by any member that has the floor).

 

12. If during the committee meeting there is found not to be a quorum present, the only thing to be done is to "rise"; though if no question is raised about it, the debate can be continued but no vote taken, except to "rise".

 

 

Section 3.  Effective Date.  This ordinance becomes effective upon adoption by the Denali Borough Assembly and signature of the Mayor.

 

 

 

 

                             DATE INTRODUCED:   August 9, 1992  

 

                             FIRST READING:     August 9, 1992  

 

                             PUBLIC HEARING:    October 11, 1992

 

 

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 11th day of October, 1992.

 

                                    SIGNATURE ON FILE 

 

                                                Mayor

 

 

ATTEST:                      SIGNATURE ON FILE

                                            Borough Clerk