HomeMy WebLinkAbout1982-09-08 Council Packet - Special MeetingKenai City Council
Special Council Meeting
September 8, 1982
Resolution 82-100
Reduce Residency for Council and
Mayor to One Year
1
I
r, • �-'rr.-- r. — —ram _: - - - - - ........ o,—, ,.u...�.�r �• -
CITY OF KENAI
- Del G?dprll o f &&t"„
F. O. SOX $10 KENAI, AtA1KA 99611
TUIPNONE 233 • 713t
NOTICE OF SPECIAL MEETING
There will be a special meeting of the City Council on
Wednesday, September 8, 1982 at 7:00 p.m. in the Council
Chambers.
To be discussed:
Resolution 82-100: Placing on October 5, 1982 ballot -
reduce residency requirements for Council and Mayor candidates
from three years to one year.
/Janet Whelan
City Clerk
�A
COUNCIL MuTI`G of Y'- ,Y- J' z,
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COUNCIL ISIBETING OF
i
i
1�
. 11
. -"A--
1-5 to 2-2
(Res3cinded
by
Proposition,
February
13,
1979j. .r
(Rescinded
by
Proposition,
February
13,
19791,
(a) When used in this charter, the singular number inclueeg
the plural, and the plural the singular, and the masculine gendot
includes the feminine and neuter, unless the context clearly
indicates otherwise.
(b) When the word "city" is used in this charter, it shalt
mean the City of Kenai unless, the context clearly indicates
another meaning.
(c) When the word "person" is used in this charter, it
shall mean an unincorporated association, partnership, or
corporation as well as an individual unless the context clearly
indicates otherwi.-e.
(d) When the word "publish", "published", or 'publication*
is used in this charter, it shall mean publish, published, or
publication in a newspaper of general circulation within the city
at least one time or by posting a copy of the ordinance, notice,
or other document on the official city bulletin board which anal:
be located in or on the principal municipal building; provided
that the council by ordinance may require that any or all such
publications shall be in a newspaper of general circulation
within the city.
ARTICLE 2.
THE COVINCIL
$��i�i�=1..._�saaai]maa�_Lum��s�ali€iaarsi (a)
There shall be a council of seven members, which shall consist of
the mayor and six other councilmen. Unless otherwise clearly
indicated by the context, the words "councilman" and "eouncilaess'
shall include the mayor a3 well as other councilmen.
(b)' On y aualifind voters of the city Hhn_ at the time o.
erection or choice to fill a vacancy, are at least
y-one years old, and have resided within the v for three
z e e -0 11 bo alt.214fiod-.for the offices of mayor and other
counclimen, It a counc Iman ceases to be a resident of this
city, he shall thereupon cease to hold office.
$��i<iCa-2=2�.._LIa1s2L_aa li�C_i��l�s. The mayor shall
preside at meetings of the council, fie shall be recognized
as head of the city government for all ceremonial purposes
(City of gonai C-2
Sure. 417 - 7/12/82)
up
Kit
CA4,T%FB v. CITY OF HOMFdt Ala-ica 953
cite as, Alaska. 5" pad 933
For committing the crime of lewd and P.2,1 llw,!. 11F•3-d (Ala.%ka 1976). what rx-
lascivious acts upon a child! F.rncitt Morgan curred here was liermissibie. Morgan was
five imprisonment.2 not compelled to lie a witness against him -
was sentenced to years
III Morgans first point on aplscal is self.
that the trial court in selecting the sentence
121 As to the sentence itxelf, our review
improperly took into account certain con- of the record reveals that in imixlsing this
duct of Morgan which took place after his sentence the court was not clearly mistak-
conviction. This conduct consisted of the en. McClain v. State, 519 P.2d 811 (Alwilia
rape anti torture of a young woman, com.
1974). Our conclusion is bsiised on the fol-
mitted in Morgan's home during a night of
lowing factors: the details of the offense:
heavy drinking. This incident occurred the
Morgans prior juvenile record (his involve.
day after the jury found him guilty of the
ment in two burglaries led to an adjudica-
lewd and ltaFciviuus acts offense. The vic-
Lion of delinquency); his post -conviction
tim of the rape was subjected to brutal and
conduct; his serious alcohol problem; the
humiliating treatment, with substantial
conclusions of the presentence and the psy-
physical injuries, and was also subjected to
chiatric report that Morgan is not likely to
two acts of sexual intercourse. At the time
rend to treatment and is not motivated
of sentencing, Morgan was under indict-
to control his use of alcohol.
ment for these acts. The court also con-
Affirmed.
sidered information about Morgan's at-
tempted escape from jail, which was placed
in evidence by stipulation of the partite
o t r(rM a -Et iT;rEY
When the sentencing hearing began. Mor
gads attorney argued that the incidents of
post -conviction conduct should not have
been included in the presentence report,
and that he should he able to confront and
cross.examine the witnesses to that con-
Ken CASTNEIi. APPellant.
duct. However. that demand was later
withdrawn. The court then proceeded
use the information about Morgans conduct
v'
CITY OF IIOMER and Delorers Morrl%on.
which was contained in the prwientence re-
k of City of Homer. Appellees.
port.
Morgannow argues that the use of this
Supreme Court of Alaska.
information violated his privilege against
self-incrimination because it but Morgan in
Aug. 24. 1979.
the position of remaining silent or of ex-
plaining these allegations and thereby pos-
sibly incriminating himself. Under our
Suit was brought to challenge the con -
holdings in Nukapigak v. State. 576 P1.d
stitutiottality of a city code provision which
982 (Alaska 1978), and Layland v. State, 549
imposed a one-year durational residency re-
l. The defendant pushed his way into an apart-
where five children, including a babysst•
-lewd or lascivious acts toward childrem
fa► A person who comtmts a It" or lasova
meat
ter, were. lie threatened the hahvsitter sexual-
the
ous act, including an act consutuung another
upo.1 or with the body of a child under
ly and she left. Morgan then went into
bedroom, lifted the nightclothes of a sleeping
crone,
16 years of age. intending to arouse, appeal
six -year -old gand crawled on top of her•
one of the other children threatened to
to, or gratify his lust, passions, or desexual
desires, or the lust. passions, or sexual -
phone the pnisce. Morgan gat up and pulled the
phone out of the wall. When the child threat-
sires of the child is punishable by impnwn-
went for not mate thin 10 years tsar less
cried to go to the police. Murgan left.
than one year."
2. AS it 15 134 states:
., t`.1•�1.a, t....ir v.
M Alaska 598 PACIFIC REPORTER, 2d SERIF.s
quirement for candidacy for city office,
The Superior Court, Third Judicial District,
3-200.2, which imposes a one years dura,
James A. Hanson, J.. upheld the constitu-
tional residency requirement for candidacy
for city office.
tionality of the ordinance, and appeal was
taken. The Supreme Court, Connor, J.,
Appellant Kenneth Castner is a citizen of
held that even under the strict scrutiny
the United States, a resident of Alaska, and
standard, the durations) residency require-
was a resident of the Homer Recording
ment for city office candidacy was constitu-
District for four years prior to becoming a
tional.
resident of the City of Homer. Castner
Affirmed.
became a resident of Homer on July 25,
1977, and approximately one month there -
I. Slunicipal Corporations 0-138
after attempted to file a declaration of can-
Even under the strict scrutiny stun-
didacy for the office of city councilman, for
dard, provision of city code imposing a one-
the election to be held October 4, 1977.
year durational residency requirement for
Castner had deleted from his declaration
candidacy for city office was constitutional.
of candidacy that portion which would have
2. Elections 0a21
stated that he met the residency require.
While objective tests for candidacy,
ments imposed by the Homer City Code,
such as durationl residence requirements,
Deputy Clerk Delores Morrison refused to
unavoidalily place a burden on the privilege
accept his declaration of candidacy because
of running for political office, the burden is
of this deletion, On August 30, Castner
both temporary and slight and is necessary
again attempted to file a declaration of
to promote compelling governmental inter-
candidacy but was refused by Deputy Clerk
cats.
Sforrison because of Castner's inability to
comply with that portion of Homer City
Martin Friedman, Homer, for appellant.
Qiie Section 3-2002 requiring a one-year
A. Rol,ert Hahn, Jr., Hahn, Jewell gt
period of residency within the city.
Stanfill, Anchorage, for appellees.
On August 31, 1977, Castner filed suit in
Before RADI`OWIT7, C, J., and COP%-
superior court seeking that Homer City
Code. 03-2W.2bedeclared unconstitutional,
11Aft, KOOCHEVIAt. BURKE and MAT-
THEWS,
and that his name be placed on the official
Ili.
ballot. The superior court upheld the con-
OPINIONatitutionality
of the ordinance and denied
Castner s claim for relief. Castner appeals
CONNOR. Justice.
from the decision of the superior court.
This ca:w concerns a challenge to the eon-
There are but two issues before us on
stitutionality of Homer (ity ('sic Section
appeal:
1. The verston of City Cade y 3 200.2 in
etf" at the time of Crstnrr's
the voters in the October 4, 1977 city alection-
,,ttempted card,-
dacy prMided"
In accordance with the result of that vote,
$ 3 -2002 has been amended to read as follows:
FIAMMUTY FOR ()FFICF_ A person is el,-
gible for the otbce, of Cmincdman or the
Section 3-200.2 ELIGIBILITY FOR OFFICE
A person is eligible for the office of council-
otNcc of ,Ufayor for the City of homer if he is
a voter of the City of Homer as prescribed by
man or the office of Mayor for the City of
Homer if he is a voter of the City of Honer
Section 4-100.7 of the City Code and has
heart a resident rf the Ifomer Recording Dig-
as prescribed by 4 4-100.7 of the City Code
and has been a resident wrthm the City of
trtct for a period 'If thrce years inrluding a
residency within the City of Homer for
HOmef for a period of one year immediately
a
period of one you immediately preceding the
preceding the election day an which he is a
candidate.
election day on which he is a candidate.
The questionr f Ourational residency reAuue-
Therefore, we need to consider cw ly the con.
menis for municipal efhre was submitted to
stnutianality of arse year duratwnat residency
as applied to the new ordinance.
One year I rlura.
mt for candid;.}.
ner is a citizen of
nt of Alaska, an,l
10MU Recording
)r to becoming a
'fomer, Castner
mer on July 2,,
ne month there.
duration of can.
: councilman, for
)ctober 4. W71,
n his declaratior,
hick would have
'sideney require.
,mer City Code.
Ason refused to
ndidacy because
Ust SO. Castner
declaration of
ry Deputy Clerk
ees inability to
of Homer City
ring a one-year
.he city.
ner filed suit in
it Homer City
inconstitutional.
I on the offteia{
apheld the can.
'too and denied
,astner appeals
superior coun
t before us on
W7 city edeeuon.
A of that vote,
, read as follrrss:
Y FOR OFFICE
.flue of Count,
for the City of
• City of Homer
,f the City Gods
'hin the City of
ear immedtateiy
a which he is a
er only the con-
e ttonal residency
CASTNER, v. CiTY OF HOMER Alaska Sir)
Cite as. Alaska us M 952
1. Whether the compelling interest test
motes a compelling governmental inter.
is the appropriate standard of review for
cxt." (footnotes omitted.j 526 P.2,1 at
qualifications of candidate. for local pub.
1132 M,
lie office; anti,
For the purposes of this appeal we may
2 Whether there is a compellinginter-
assume, without deciding, that the right tip
est to support the City of liomer's one
seek elective public office should lie treated
year residency requirement for city of-
as fundamental and subject to strict scruti-
fices, and whether this requirement is the
least restrictive merans available to
ny
achieve that compelling interest-
In Gillxxri v. State, 526 11,21 1131 (Alaska
(1) Appellee, the City of homer, quds-
1974), we upheld a durational residency re.
tions the continuing validity of the ration-
quirement of one year in the district, and
ale for application of the compelling state
three years in the state of Alaska, for the
interest advanced by us in Gilbert v. State,
office of state senator, We reasoned that
526 P.2d 1131 (Alaska 1974), in light of the
the state had a compelling interest in legis.
single standard test announced in State V.
lauirn who . . . are acquainted with
Erickson. 574 P.2d 1 (Alaska 1978). We
the conditions, problems, and needs of those
need not deal with that question here be-
who are governed," and in electors who are
cause we are convinced that even under the
"familiar with the character, habits and
strict scrutiny required by Gilbert, the ordi-
reputation of candidates for political of-
nance can be sustained. In Gilbert, we held
flee." Id at 1135. These interests are per.
that durational residency requirements for
hap` more compelling in elections for local
state elective office should be examined
office, where word of mouth and personal
with strict scrutiny, id. at IM, because
contact are often the only means of commu-
such durational residency requirements in.
nication of community concerns.
fringed upon fundamental rights:
There is sufficient authority from other
"(Ajince barriers against candidacy have
iurisdictions either to uphold or to strike
been treated as limitations upon a funds-
down the one year dMMU2001 residency re -
mental right where they burden such im-
auirement in the case at bar. In eeneral.
portant rights as free association, fran.
the weight of authority is against Ionizer
chise. and interstate travel. they are vul.
durational residency requirements for local -
nerable to attack under the equal protec-
offices= but the authorities are fairly even-
tion clause of the Federal Constitution.
Idivided on the constitutionality of a one
Where a challenged statute burdens a
year residency requirements The courts
fundamental or basic right, it can be sus-
validating a one year durational residency
tained only upon a showing that it pro-
requirement have found compelling the in-
2. Durations residency requirements of five
years for local offices were held invalid in:
Alexander v, Kammer. 363 F.Supp. 324 (E.D.
Mich.13'i3) (five year city residency and two
Year district residency for city commissioner),
Wellford v. Battaglia, 343 F.Supp. 143 (D.Del.
1972) (mayory, McKinney V. Kaminsky, 340
F.Supp. 289 (M D.Als.1972) (county commis-
sioner); Zeilenga v. Nelson, 4 Cal3d 716. 94
Cal.Rpir, 602. 4M P.2d 578 (1971) (county su-
pervisor). Bird v. Colorado Springs, 507 P.2d
1099 (Coto.1973) (city councilman and ma)or).
Durattonal residency requirements of three
years for municipal offices were held invalid in
Bnlanowski v. Rafch, 330 F.Supp. 724 MD.
Mich 1971) (mayor), Camara v. Aleflon, 4
Cal36 714, 94 Cal Rpte. 601. 484 P2d 577
(1971) (city councilman); Cowan v. City of
Aspen, 509 P.2d 1269 (Colo.1973) (municipal
offices).
Durational residency requirements of two
years for municipal offices were held invalid in
Green v. McKeon, 468 F2d 883 (6th Cir. 1972)
(city elective offices) and Thompson v. Mellon,
9 CaUd 96. 107 Cal.Rptr. 20. 507 P.2d 628
(1973) (city councilman).
3. Durattonal residency requirements of one
year were held constitutional in Triano V. Afas-
sion, ll, 109 Grit. $06, 513 P.Zd 935 (Ariz.1973)
(city councilman)- Cowan v. City of Aspen. 509
P.2d 1269 (CWo.1973) (municipal offices),
Cahnmann v. Eckerty, 40 ilLApp.3d 180. 351
N.E.2d 580 (1976). appeal denied 431 U.S. 934.
97 S.Ct. 2644,53 L.fd2d 252 (1977) (city alder-
man): Lawrence s: Issaquah, 84 Wash.2d 146.
5Z4 P.2d 1341 (1914) (city councilman).
i
S
t -
956 Alaska r)'" I'AQFIC REPORTF11. 2d SBRIF4
terests of affording greater voter knowl-
for kxal Office, For example, Juneau s An.
'.
edge of candidatent and greater candidate
knowledge of the needs of the constituency,
chorage� Sitka,t Valdez,a and Fairbanks
'
as we did in Gilbert v. ,State, supra,
North Star &cough s all have one year
residency requirements
_u
The two cases striking down a one year
for city council,
Palmer" has a two year residency require -
residency re-quirement are distinguishable,
ment for city council, and-tetr-hikan It and
In Ileadlee v Franklin Co. Board of Elec.
Bristol Bay BO utrh Ir have year rani
tions, US F.Supp. 9" (D.C,Ohio 1978), the
-three
t�ert; :<xtuirem�ntrs. North Slope Bor-
y
court found that, txecause of a territorial
ough 13 has a six month residency require.
annexation, over one -bell of the village
meat, and Unalaska 14 has a thirty day resi-
__
population would he ur►abkc to run until the
deny period, There does not appear to be
next election if the one year residency re-
any sort of a local trend toward reducing
quirement for village office was upheld,
durational residency requirements for local
r
and that this was an unnecessary restriction
offices,
on voter choice, There is no such factual
.
situation in the case at bar.4 The California
[2] As to whether the one year residen-
?
Supreme Court has rejected our rationale in
cy requirement is the least restrictive
Gilbert, In Johnson v. Hamilton, 15 Cai M
means available to achieve the interests of
j
461. 125 Cal.Rptr, W, 541 P2d 881 (1975),
voter and candidate education, we adhere to
the court held that no compelling state in.
Gilbert s
terest was served by residency require-
We we no viable alternative means of
ments of one year within the city and six
months within the district for candidates
advancing these important interests al -
'
for municipal office, The court in Johnson
leged by the state, [Gilbert] suggests
that these interests may be met by impos-
found that mass media played the major
ing
role in the education of voters. Pemonal
some sort of subjective test upon
contact anti knowledge of the candidate by
potential legislators, We disagree, To
the electorate was a minor aspexK IJ at
prate a subjective test of candidates'
knowledge, understanding or character
>> z
SM. We rejected this argument in Giiixrt,
526 P,21 at IM in the context of a ddsu in
necessarily place undue power in
the
'•,
of Anchorage where media access is at least
the hands those would
r
as grunt, and Ixrhaps greater, than in IIo•
std eater Mat
such a standard. We think it better that
e t
i
mer. We think the California atandand is
a relative few he delayed from realizing
inapplicable in Alaska, where there are
their political aspirations for a relatively
many sparsely populated communities,
brief period than that some group of per -
'
�Xumemus Alaskan
sons Ixlss upon the fitness of all caadi-
i
municitial;ties have
tune year durstion:d residency reluireme�
dates before they are permitted to
present themselves to the voters,
"
r'
4, There was tesumany during trial that lfo•
S. Valdes Charter II, Set, 22.
mrr's gr iwth rate rs about nsmift-n percent per
Year, with 15.2% of the population in 1975
tuving resided in Homer Irss than one year and
0, Fairbanks %onh Star Borough Municipal
135 o having lived there between one and two
Code 2,09 030.
j
years, t:astner argues that new residents are
more rapable candidates -in light of their
10, Paltrier Municipal Code 2.04A40,
broader rxpenence with gerw t:y more corn.
t
/L
1
Flex sssurs existing in other parts of the coun•
11. Ketchikan Charter 11, Sec, 2-1.
try We are not persuaded that breadth of
e%t)eftrpde elsewhere contributes to candidate
13, Bristol Bay Borough Code of ()rdinanees
— _—_
knowledge of local issues and problems.
2.04 CrltO.
`
S, Juneau Charter 33 Sec, 33.
13, North Slope Borough Charter 3.030.
"
a Auchmage Munxapat Code 28.10.130.
7. Sitks General Code 2.40.070.
14. L'aaiaska code of ordirt:ntes 10.020.
f:
M
H
.tu s An.
sirbanks
ac year
council,
require-
4 so and
-sir resi-
e Bor.
vquire-
ay resi-
rtobe
+hieing
sr local
miden-
rictive
AU of
• t We to
ins of
is al.
:goats
mpos-
upon
To
sates'
acter
er in
Mont
that
Wng
ively
per-
tndi-
!to
CITY AND iiUt;UC(a[ OF lUNfAU v, C01i'I. I'.
CM. so. Au" 51+11P24 sir
Nor can these interests be protected ley
Fourth Judicial Mtric:, tt an - «• T. •"•
relying solely upon the electoral process
J., awarded judgment for cis! '�n►attc.^. s::.
itself. Voters are, in a serve, "consum-
prejudgment interest at tilt, roc Its-
ers" of the product portrayed by the per.
cent from date• of fire to date
sons they elect to office, In these clays of
amendment of prejudgment
"Packaged" media candidates, they often
and eight pxrrent from date of +mendmer:
cannot know what is in the package until
to date of entry o' 1udirme"n"
they have made their selection and ob-
City/lxrough appealest. : rr
served the utility of the product. In
Court held that: (1) higher, s-nemieti Prk-
adopting their constitution. the voters of
judgment interest rate w.ss mn to I'V ..p,
Alaska chose to protect themselves from
plied retroactively; (2) trial evert dal nos
unknown deficiencies in their candidates
err in awarding attornt, f-'s to
by imposing objective standards upon
city/borough based on venliet ;:us p+n•;u.il:-
those who would hold legislative office,
ment interest, rather than on srnis.K ainne•
We conclude that while objective tests
and (3) trial court did not aivs:- $to
for candidacy unavoidably place a hurdcn
Lion in allowing costs to city :vn•u►ti► leis
upon the privilege of running for political
though its notice of taxation aces not tsmc"%
office, the burden is both temporary and
filed•
slight and is necessary to promote gov-
Affirmed,
ernmental interests which are compelling,
Gilbert, 526 M at 1126,
We affirm the does.'
ton of the superior
court upholding the constitutionality of the
one year duratfonal residency requirement
for candidacy for city office in Homer.
Affirmed.
OERtrRft�
CITY Alen BOROUGH op jUNF.AU, a
31unkipal Corporation,
Appellant/CrowAppolee,
v,
COMMERCIAL UNION INSURANCE
COMPANY, a 31aasathttsetts Corpo.
ration, Appellee/Cross-Appellant,
Nu& 40M 4041.
Supreme Court of Alaska.
Aug. 24, 1979.
City/iNvough brought action against
insurance carrier for damages resulting
from fire in whool. The Superior Court,
I. Interest *-30(3)
1976 Amendment to stature xnveraing
rate of prejudgment inert•+ rats'ng rate
from six to eight percent was not apsplushie
retroactively to award of llama)~•, to
city/borough resulting from .rho of fur.
AS 01.10", 45AS,0101at.
Z- Interest ck;*30(3)
Prejudgment interest is not a
al" or "procedural" device site'.' tv would
authorize retroactive application of amend-
ed, increased rate. AS*,t4Atgat.
3. Interest em39(2)
Prejudgment interest is sutatantise
right of an injured party to allow that
Party to recover for economic Is— tarx-
sioneti by his inability to use swan! of dam-
ages between injury and judgmt•nt. AS
4bAM0(a),
4. Interest c53&1), 39(2)
Purpose of prejudgment interest is to
place an injured plaintiff to lam+• ps "I"Ort
as if he had been compensatt,( ins'—flAtely
for his It=; this result is at hres e l if inter-
est is calculated at prevailing rate fur l+°r►-
od between incident causing ttu• l.• an.l
judgment. AS 45AuAIA-sk
CITY OF KENAI
Vd 62ar4;WaJ 4"
F. O. SOX 500 KENAI, ALASKA 99611
TELEPHONE 2S2 • 7625
MEMORANDUM
TOs Honorable Mayor & Members of the
� CCiit/x Council
FROMs Ben T. Delahay, City Attorney � d'' ✓"1
REs Resolution No. 82-100 to Place on the Ballot
a Charter Amendment to Lower Residency Requirements
for City Office
DATES September 7, 1982
Councilman wise has requested the Clerk to place before you at
the Special Meeting called for consideration of Resolution No.
82-100 a copy of an exerpt from Senate Bill 180 containing Sec.
29.20.140(b) (see attached) which statess "a municipality may by
ordinance establish a durational residency requirement not to
exceed three years for members of the governing body."
Since Senate Bill 180 was vetoed, nothing therein makes any
change to existing lam. However, an analysis of SB 180 by
Tamara Brandt Cook, Legislative Counsel, states that Sec.
29,20.140 has been substantially rewritten "to combine material
concerning the qualifications for membership in assemblies with
material concerning the qualifications for membership in
counsels" and Subsection (b) states, "Combines material currently
found in different sections. (AS 29.23.050, 29.23.200(bW (see
exerpt attached)
AS 29.23.050, referred to in the analysis of SB 180 (see
attached) is the current statutory provision on this subject with
respect to borough assemblymen, and AS 29.23.200 (copy attached)
contains the current statutory provision with respect to city
council members.
The above statutory provisions, like our charter provision, were
felt to be constitutional when enacted, but are the very type of
things that Supreme Courts across the nation have been finding
unconstitutional. As stated in my other memorandum, I feel that
if this issue is brought before the Alaska Supreme Court, it
would find such a provision (whether in the State statutes or in
the City Charter) to be unconstitutional, and it is to avoid such
1
rm
a lawsuit, with great expense to the City and possible disruption
of elections and throwing doubt on the makeup of the Council,
that I have recommended placing a Charter amendment before the
people to bring it clearly within the area that has been held to
be constitutional by the Alaska Supreme Court,
BTD/md
Enclosures
-
.s
0
i
R
i
20
21
22
i
of the assembly.
;cc. 29,20.120. APPLICAAII.1,rY OF APYORTI01114MV PROV1310113, The
proviniona of AS 29.20.080 - 29.20,110 do not aPply to a
(1) unified municipality$
(2) home rule borough if the borough, by home rule charter'
provides for reapportionment of the assembly.
Sec. 29.20.130. CITY COUNCIL COMPOSIT1011, Each first clang city
has a council of six members elected by the voters at largo-. P•ach
second class city has a council of seven members elected by the vnterg
at large. The council of a first or second clang city may by ordinance
provide for election of members other than on an at -large basis for I'll
members.
99 20 140 QUALIFICATIONS. A borough voter is eligible
to be a member of the assembly and a city voter in eligible to be a
member of the council- A member of the governing 19edy who ceases to be
a voter in the municipality itnaediately forfeits his office -
municipality may by ordinance ngtablish a durational rtqi-
401"ey requirement not to exceed three years for members of the t:overttiM
body,
(c) A municipality may by ordinance establish district residency
requirements for members of its governing body. A member of the govern-
ing body who represents a district and who becomes a resident of another
district in the municipality continue" to serve until the next regular
election unless provided otherwise by ordinance.
(d) P,xcept by ordinance ratified by the voters, no litnit ail be
placed on the total number of terma of number of consecutive terms a
voter may serve on the governing body,
(e) This section applies to hone rule and general law municipali-
ties.
-38- He$ CSSO 180 (MA)
t
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dr,- 2e, 1C, Oro-,
�-�"a.�,:s�� �;."-rC}�;(Z;i?' j' � 1.' '.�hF•• [�,,�s.t�,r{ Y,f'Hr(. It i!r ;G, r 'b.,Ae,rt,t;l� df Cdfrirnus-":y c fr :.rt,l �:!{ .stl r-t 7 £ ii�:fGre
41ti.G "CG•'f;ffu451-net- it V4(r"iyd, �. c u!1 h7t5 Citcn dCls£tt.a
..J,:t,tCr; rr•ff•rtn{`g havtL *c.on hlterrd
to reflect rR�t: riutt;,�frsng, (!•e- <r,2s,G;,� j
:'-. 2'�,60, 110, dit�tutcry r�!%•f r�c�•. Nive bon to rtftect n(,w
nurrt�ertng, (f�S 2'�.23,03t)
W Zr},?,0.12llI The stbtutcry rGlflrrrcG in (1) ha been deleted since
unrtreo fflunici;,tyfit�" is riefir,e;l, LUt tort' references are revised to
FOfleCt nos. nurr,berfng, (AZ 25,23,01ss)
Sec, 29,20,130, No el-$hnge, (AS ZS,23,200)
Sec, 29,20, 1110, This seetien hfts b,,e,�
n sub tantially rewritten to
c,�n Dfnf3 mP, car! I, «irI!!l,PIilI9/j "A.-:, _
(a) Rewritten, but no subc:antive ep��nge,
23,200(b)) !AS 29,23,050, AS Zg,.
(C) Current law ailovr4 do 8s:;r�mbl yr;,an e1ectes! from one district who
t:eeomGs a rrion, t of arottgsr district to .erve only until the next
regular election, The oubse:tion allows a municip&lity to provide
otherwise by ordinance, It if t,lse made applicable to City councils,
Under 6�sbut law a council may be elected by district rather than
at•large, but nolaw
deals wittq the poaciblity that a councilman
Might Change his district reticency, (AS 29,23,050, AS 29,23,200(a))
(d) This is new material allowing a municipality to establish district
residency requirefrts'ttz for mer,9ars Of the atsembly or council,
(a) Thins is applicable to Moth home rule and general law municipalities,
Jnd13r Current law the quulificati;,ns for atsemblymn_n pro applicable to
9cme rule and Voneral lase' municipOlities but the qualifications for city
xuncilmen are not, (AS 20,22,050, AS 29,22,200)
50c, 20.20.15fad tri;ji Coaling with the term of office of
�,"" C' tnc ssF�s:'bly withr.,,,tUria; de;,lir95 with the term of office Of
nsrrbor, of the, council,
a) This ins subctuntia,lf;' "t'6r:*Wr,, hG;.rycr, the only su:,stantive
3',.Rrf;G if, Shdi :r/f"t r; of ec.fryb;1 r-L; serve different tef•ms when
1d
d,e
4 20,23,060 biurartl-Al, l;lwvufj FNT ¢ 29,23.130
;:. (b) The regul;Ar tfrm of eflice bogins on the first Monday following
certification of file t:l`xtion, unless a different date Is proscribed by
borough charter or ordinance,
(e) This section applies to home rule and general law boroughs. 0 2
' ch 118 SLA 1972; am 4 13 ch 118 f LA 1972; 3m 14 ch 83 SLA 1079;
r am 4 11 ch 128 SLA 19-901
Futeet of sasenilmeuts, Editors sots, — &dWn 20, th, 93,
The 1979 amendment rewrote the S1,A 1019, provides that the temts of
second wntetue o(pre[vnt subsection (a), borough suembtymen elected or
The 19go smendment, a fectsve July 1, sppolnted to dual borough ssaesnbly-city
198o, restsmaureE lose section into present council seats are not effected by the
submetwns (a) —1c►, added the present' amendment made to AS 29,23,040 by sec,
sownd motence of subsectian (a), and 4. ch, 83, SLA 1979 until respportionn►ent
substituted "unless a different date 1e of tht assembly is required or propoeed
prescribed by borough charter or under AS 29.23=1 or under AS 20,23,021
ordinance" for 'the current term of — 29.23m,
incumbent amemblymrn may not be
altered under this section" at the end of
subseaian (b),
Sm 29,23.0150, t)ualif eathms, A resident of the borough Is eli-
gible to he an asuemblyman if he is is borough voter, An ansembly-
man who ceases to be a borough voter Immediately forfeits his
office, An asnemhlyman elected from or selected to represent a
borough area lest than the borough area at large and who becomes
a resident of another area may continue to serve only until the
next regular election. The nnw-mbly may by ordinance establish
residence rcuuiretnents for assemblymen not exceeding three years,
This section applies to home rule and general law boroughs.
ch 118 :ILA 1072; am 114 ch 118 SLA 1072)
Croam refers "'See 1'wtltoes note s F.9elt of suesd this sect{ n 1072
to AS 29,18,120,
See, 29,23.Atf6. Procedure. (a) The ansembly shall meat at least
once every month, unless otherwim provided by ordinance, All meet•
Ings shall tub public meetings. Special meetings may be held on the
y gall of the chairman, the presiding offer, or one-third of the
members, upon not less than 24 hours written or oral notice com-
municated to ewh member. In an emergency a special meeting
shall be a legal meeting if all members are present or there Is a
quorum and all absent members have waived in writing the re-
quired notice, A waiver may lxt either before or after the time of
the meeting, The waiver 011311 be attached to and made a part of
the journal for that meeting.
(b) The assembly shall elec. from among its members a presid-
Ing officer and a deputy presiding offker to serve at Its pleasure,
except that in manager plan boroughs the borough mayor serves
as presiding �,l31et r, it the presiding ofilm is not present or dis•
qualifies himself, the deputy presiding officer shall preside.
46
I
/'
a
Article 3. City CounclL
See. 29.23,200. Composition, eligibility, election and term. (a)
Each Arst clans city hits a council of six members elected by the
voters at large, Each second class city has a council of seven mem.
bers elected by the voters at large. The council of a first or second
class city may by ordinance provide for election of members other
than on an at -large basis for all members,
(b) A city voter is eligible to hold office as a member of the council.
The council may by ordinance establish residence re uirements for
council embus not egeeeding tree years. A council member W110
coaxes to be aTigMe—to-1W a city voter immediately forfeits that office.
(c) Councilmen are selected for three-year terms and until their
successors are elected and have qualified, The regular term of office
begins on the first bonday following certification of the election. The
council may provide by ordinance for different terms not to exceed four
years, except that the current term of incumbent councilmen rhay not be
altered,
(am 0 2 ch 63 SLA 1976; am 4 7 ch 83 SLA 1079)
P,ffect of amewmists. — The :4.76 is held annually on the first Tuesday of
amendment, in subsection (b), substituted f)ewber, unless a different election date or
"office as amcmlwrof the councii"for"the intwvsl of years is provided by ordinance,
office of councilman' at the end of the first to choose couneltmen" at the beginning of
sentence, added the present second Ow first sentence and inserted
sentence, and substituted "that office" for "certification of In thv second sentence,
"his office" at the end of the third sentence,
The 1979 amendment, effective June Z
1979, in subsection (c), substituted
" Quneihnen are selected" for "An oteetlan
Sec. 29,23,210, Procedure. (a) Tito council ahall meet at least once
every month, unless otherwise provided by ordinance. Special
meetings may lx.- held on the call of the mayor or two councilmen upon
not less than 21 hours written or oral notice communicated to each
member. In an emergency, a special meeting called on leas than 24
hours notice is a legal meeting if all members are present or there is
a quorum and all absent membera have waived in writing the required
notice. A waiver may be made either before or after the time of the
meeting. The waiver shall be attached to and made a part of the journal
for that meeting,
(b) The council shall determine its own rules and order of business
and provide for keeping a journal of eta proceedings. The council Ice the
judge of the election and qualification of its members and, with the
concurrence of two-thirdn of its members, may expel a member for a
conviction of a felony or misdemeanor described in AS 15,56 as a
corrupt practico. The council nhall consider that conviction during its
first meeting following final determination of the conviction.
(ant 18 ch 83 SLA 1979; am 4 211 ch 100 $LA 1980)
52
N
. 1.-.."... -.... ..
CITY OF KENAI
RESOLUTION NO. 82-100
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PLACING
BEFORE THE VOTERS OF THE CITY OF KENAI ON THE REGULAR ELECTION
BALLOT FOR OCTOBER 5, 1982, AN AMENDMENT OF SECTION 2-1(b) OF THE
CHARTER OF THE CITY OF KENAI TO REDUCE THE RESIDENCY REQUIREMENT
FOR QUALIFICATIONS FOR POSITIONS OF MAYOR OR COUNCIL MEMBERS TO
ONE YEAR,
WHEREAS, Section 2-1(b) of the Charter of the City of Kenai
I requires that to be qualified for election or choice to fill a
vacancy in the office of Mayor or Council member that a qualified
voter must have resided within the City for three years, one year
of which must have been immediately prior thereto, and
WHEREAS, numerous courts have stricken residential requirements
of two and three years for local office as being
unconstitutional, and in some cases have stricken a requirement
of residency of one year as being unconstitutional, and
i WHEREAS, the Supreme Court of the State of Alaska in the case of
f Q�6�liY.�S�Q� 598 P.2d 953 (Alaska 1979) has upheld
the constitutionality of a one year durational residency
requirement for candidacy for city office, but has implied that
any longer residency requirement for such candidacy would be
unconstitutional, and
WHEREAS, a contest on this matter would be unproductive, would be
costly, might interfere with election processes, and would
probably result in a court holding that the present charter
provisions of the City of Kenai are unconstitutional.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the City Clerk of the City of Kenai is hereby
directed to make proper advertising and place upon the ballot for
the regular municipal elections on October 5, 1982, the
followings
Yll
P.RQPQ"T1=xQ..-1
Shall Section 2-1(b) of the Charter of the City of
Kenai be amended to reduce the residency qualification
for Mayor or Councilman to one year?
YES ❑
NO ❑
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 8th day
of September, 1982.
VINCENT-O'REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
2
x
CITY OF KENAI
%Od (?a#ial 4 4"„
F. O. SOX $00 KENAI, ALASKA 99611
TELIPWNE 2$3 • 7636
MEMORANDUM
TO: Honorable Mayor & Members of the City Council
PROMS Ben T. Delahay, City Attorney
RES Amendment of the Charter of the City of Kenai
to Residents' Qualifications for City Ordinance
Into Line with Court Rulings on Constitutionality
DATES September 7, 1982
The City Clerk brought to the attention of Council that someone
had requested forms for filing for City office who had not been a
resident for three years and that this filing was refused. At
request of the Clerk, I have examined the Charter and ordinances
of the City and researched this matter, and I find that Section
2-1(b) of the Charter of the City of Kenai requires as a
qualification of election or appointment to the office of Mayor
or Councilmen that the party have resided within the City for a
period of three years, at least one year of which must have been
immediately prior to the date of the election or appointment.
Review of the cases indicated that such a long durational
requirement would in all probability be held unconstitutional if
attacked, An attack on the constitutionality of the ordinance
would lead to an expensive lawsuit as well as ill -will between
various residents of the City, and might interfere drastically
with the election process,
As there is still time to get a proposition before the voters at
the regular election of October 5, 1982, to amend this Charter
provision, and as the quicker this provision is amended, the
least likely the City is to run into problems in this area, I
would recommend that Resolution No. 82-100 be passed in order
that this Charter requirement can be brought into line with
constitutional holdings.
BTD/md
i
CITY OF KENAI
RESOLUTION NO. 82-100
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PLACING
BEFORE THE VOTZRS OF THE CITY OF KENAI ON THE REGULAR ELECTION
BALLOT FOR OCTOBER 5, 1982, AN AMENDMENT OF SECTION 2-1(b) OF THE
CHARTER OF THE CITY OF KENAI TO REDUCE THE RESIDENCY REQUIREMENT
FOR QUALIFICATIONS FOR POSITIONS OF MAYOR OR COUNCIL MEMBERS TO
ONE YEAR,
WHEREAS, Section 2-1(b) of the Charter of the City of Kenai
requires that to be qualified for election or choice to fill a
vacancy in the office of Mayor or Council member that a qualified
voter must have resided within the City for three years, one year
of which must have been immediately prior thereto, and
WHEREAS, numerous courts have stricken residential requirements
of two and three years for local office as being
unconstitutional, and in some cases have stricken a requirement
of residency of one year as being unconstitutional, and
WHEREAS, the Supreme Court of the State of Alaska in the case of
Cas n r v_ City of gQMCL, 598 P.2d 953 (Alaska 1979) has upheld
the constitutionality of a one year durational residency
requirement for candidacy for city office, but has implied that
any longer residency requirement for such candidacy would be
unconstitutional, and
WHEREAS, a contest on this matter would be unproductive, would be
costly, might interfere with election processes, and would
probably result in a court holding that the present charter
provisions of the City of Kenai are unconstitutional.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the City Clerk of the City of Kenai is hereby
directed to make proper advertising and place upon the ballot for
the regular municipal elections on October 5, 1982, the
following:
1
a
PBQPQ$ITIL2��IQ....1. �
Shall Section 2-1(b) of the Charter of the City of
Kenai be amended to reduce the residency qualification
for Mayor or Councilman to one year?
YES ❑ ,
NO ❑
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 8th day
! of September, 1982.
VINCENT O'REILLY, MAYOR
( ATTESTS i
Janet Whelan, City Clerk
011
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201
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24
271
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V e,�v•�L b � Gov . �-� a w.ri. o,,.d1
of the assembly.
;cc. 29.20.120. APPLICABILITY OF APPORTIOttt4En PROVISIONS. The
provisions of AS 29.20.080 - 29.20.110 do not apply to a
(1) unified municipality:
(2) home rule borough if the borough, by home rule charter,
provides for reapportionment of the assembly.
Sec. 29.20.130. CITY COUNCIL COMPOSITION. Each first class city
has a council of six wembers elected by the voters at large. Each
second class city has a council of seven members elected by the voters
at large. The council of a first or second class city may by ordinance
provide for election of members other than on an at -large basis for all
members.
_ Sec_ 29,20.140 QUALIFICATIONS. (a) A borough voter is eligible
to be a member of the assembly and a city voter is eligible to be a
member of the council. A member of the governing body who ceases to be
a voter in the municipality immediately forfeits his office.
(b) A municipality may by ordinance establish a durational resL-
dencv requirement not to exceed three years for members of the Rovernino
body,
(c) A municipality may by ordinance establish district residency
requirements for members of its governing body. A member of the govern-
ing body who represents a district and who becomes a resident of another
district in the municipality continues to serve until the next regular
election unleso provided otherwise by ordit.unce.
(d) Except by ordinance ratified by the voters, no limit may be
placed on the total niziber of terms or number of consecutive terms a
voter may serve on the governing bud/-
(0) :his sn_ction applies to hone rule and general law municilali-
ties.
-38- HCS CSSB 180 (C&RA)