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HomeMy WebLinkAboutOrdinance No. 2613-2012the atyof KENAI. ALASKA Suggested by: Mayor Pat Porter CITY OF KENAI ORDINANCE NO. 2613 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 1.25.020, "DUTIES," TO INCLUDE THE CITY CLERK AS PARLIAMENTARIAN TO THE CITY. WHEREAS, neither the City Charter nor the Kenai Municipal Code specifically identifies the person who acts as the parliamentary advisor to the City Council and its committees, commissions, and boards; and, WHEREAS, historically the City Attorney has acted as the parliamentary advisor for the City of Kenai; and, WHEREAS, municipal clerks traditionally serve as parliamentary advisors to governing bodies; and, WHEREAS, as practiced in home rule and general law municipalities throughout the State and in accordance with Alaska Statute (AS 29.20.380), the City Clerk will act as parliamentary advisor on behalf of the city; and, WHEREAS, the City Attorney is available to provide assistance to the City Clerk should legal questions arise. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Foul". This is a Code ordinance. Section 2. Amendment of Section 1.25.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 1.25.020, Duties, is hereby amended as follows: 1.25.020 Duties. The Clerk shall attend the City Council meetings, perform all duties set forth in Section 2 -5 of the City Charter and all duties required herein and by other sections of the Kenai Municipal Code. The duties enumerated herein shall not be considered to be exclusive, and the Clerk may be assigned additional duties from time to time by the City Council. The Clerk shall file and duly keep all records, public papers, and accounts records held for permanent record or historical purposes (as contrasted to operational use) as custodian of records for the City, shall duly authenticate all ordinances and resolutions passed by the Council, and shall, on request, certify as true and correct copies of any City records which may be required. The City Clerk New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2613 -2012 Page 2 of 2 shall act as the parliamentary advisor for the City of Kenai. The City Clerk shall be the registrar of elections of the City and be responsible for issuing the call for, and supervision of, all elections and shall be responsible for such other duties pertaining thereto, as may be set forth in Title 6, entitled "Elections." Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED, BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this e f, )y oe\ , 2012. ATTEST: r;�09 Sandrfa Ivkigdigh, CrtyClerk day of PAT PORTER, MAYOR Introduced: March 7, 2012 Adopted: March 21, 2012 Effective: April 21, 2012 New Text Underlined; (DELETED TEXT BRACKETED 1`htmmd Rj ®g ALASKA "Village with a Past, y with a Future" 210 FidalgoAvenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO k NDUM TO: City Council Members FROM: Pat Porter, Mayor DATE: February 28, 2012 RE: Ordinance No. 2613 -2012 Designating City Clerk as Parliamentary Advisor Both the City Charter and the Kenai Municipal Code are silent as to the designation of a parliamentary advisor to the City Council. Historically, we have looked to the City Attorney to fill this role. It appears, however, that this duty is assigned to City Clerks in all other municipalities in the State and is, in fact, set out in AS 29.20.380 as a mandatory duty for municipal clerks in general law municipalities. Although it is true that home rule municipalities are not bound by AS 29.20.380, this particular statute provides us with a fairly comprehensive outline of the traditional duties of the Clerk and can serve as a guide to us in setting forth the role of the Clerk in the City of Kenai. It is also interesting to note that the current position description for our City Clerk contains each of the duties set forth in AS 29.20.380 except the role as sole parliamentary advisor to the Council. Because this is a traditional role for Clerks statewide, the Alaska Association of Municipal Clerks provides parliamentary procedures training annually at its conference to keep Alaska Clerks fully informed and up to date on parliamentary rules and meeting procedures. The Clerks also have a network of others in like communities to turn to for assistance when parliamentary questions that may be complicated or out of the ordinary arise between meetings. For the reasons stated above, 1 urge you to vote in favor of Ordinance No. 2613 -2012 amending the Kenai City Code to add parliamentary advisor to the duties of the City Clerk. Attachment The incorporated home rule municipalities listed below are an example of cities whereby the City Clerk acts as the parliamentary advisor to the council and its committees, commissions, and boards: City of Cordova City of Fairbanks City of Ketchikan City of Kodiak City of North Pole City of Palmer City of Petersburg City of Seward City of Valdez KE AI, ALASKA Village with a Past, Gi with a Future ° 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO NDUM TO: Mayor Porter and City Counciiors FROM: Krista S. Stearns, City Attorney Sandra Modigh, City Clef DATE: March 15, 2012 SUBJECT: Ordinance No. 2613 -2012 City Clerk as Parliamentarian At the March 7, 2012 City Council Meeting, Council Member Molloy requested the City Attorney and City Clerk collaboratively research and provide additional information concerning the practices of other home rule communities and that information is complied in the attached spreadsheet. Neither the City Attorney or the City Clerk takes a position on this ordinance. Nike al/ KENAI, Wage with a Past, Gi with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMO ' NDUM TO: Mayor Porter and City Councilor FROM: Krista S. Stearns, City Attorney, DATE: March 15, 2012 SUBJECT: Ordinance No. 2613 -2012 City Clerk as Parliamentarian Ordinance No. 2613 -2012 changes the role of City Clerk to have the Clerk act as parliamentarian to the City Council. Neither the City Charter or Code nor written Council policy states who acts as parliamentarian to the City Council. As best as 1 can determine, the Kenai City Attorney has acted as the parliamentary advisor to the Council as a matter of custom and practice of the Council since incorporation. At the March 7 Council meeting, Council Member Molloy asked for additional information concerning the practices of other communities. Because AS 29.20.380 applies to all general law municipalities, on can infer that the 145 (or so) general law municipalities in the state comply with the requirement of AS 29.20.380. That statute states that one duty of the city clerk is to "act as the parliamentary advisor to the governing body." AS 29.20.380(a)(10). Home rule communities are not bound by AS 29.20.380 and are free to organize as they feel is most appropriate to their unique needs in this respect. As you can see from the spreadsheet attached to the memorandum from myself and Ms. Modigh, different municipalities have approached this issue in different ways. There are 19 home rule municipalities in the State. Of those 19 municipalities, five have dedicated in -house counsel to advise their governing body. Of those five municipalities, three identify the city attorney as parliamentarian. Another home rule municipality, Wrangell, does not have in -house counsel; but, identifies its city attorney as the parliamentarian when the attorney is present at meetings. Thus, 15 home rule municipalities use their city clerk as parliamentarian, which duties are either set as either a matter of code ordinance or custom and practice. Mayor Porter and City Councilors March 15, 2012 Page 2 of 3 Finally, to the extent that the "whereas" section of Ordinance No. 2613 -2012 suggests that the City's current practice of using the city attorney as parliamentarian runs counter to state law, such inference should not be drawn. There is nothing improper about the City following a process different than that stated in AS 29.20.380. As stated above, that statute applies only to general law municipalities, not to home rule municipalities like Kenai. It is important that the public understand that the City has not been violating state law by its practice of assigning its city attorney parliamentarian duties. L:ACouncilA Memo AParliamentairan.Change.031512 Duties of clerk at meetings change after appointment of assembly counsel; often collaborative, including at meetings Duties of clerk at meetings set forth in Code but does not include parliamentarian duties Clerk is parliamentarian; Attorney advises on nuances and issues legal opinions Set by written policy adopted by Assembly City Attorney & City Clerk in conjunction Duties of clerk at meetings set forth in Code but does not include parliamentarian duties Clerk is ex officio Clerk to Council by Charter; Charter says the Council appoints a member to serve as parliamentarian Set by written policy adopted by Assembly in 2009; clerk acts as parliamentarian in absence of city attorney ketta kr.,, ■-e• wia....- *WS , , . P W W 0 W ON ON Yes 0 Z ON 0 Z 0 Z 0 Z 0 Z 0 Z 00 Z Z 0 )- 00 Z Z 0 Z root reinad, Custom /Practice Custom /Practice Code Custom /Practice Code Written Policy 0 '2 a_ --... E o o Custom /Practice Custom /Practice a) a o L.) Code 1 Code Written Policy Code 016 itiS f4 i frat .r Clerk /Attorney Clerk Clerk s 5... a) 0 s .... a) 0 au c 8 ¢• Attorney _. ,.. a) -0 Clerk -e a) 0 Clerk a> o z Clerk Attorney -e a) 0 Attorney Clerk oritstrts try? Unified Home Rule Municipality Home Rule City Home Rule Borough Home Rule City Home Rule Borough Unified Home Rule Municipality Home Rule City Home Rule City Home Rule City Home Rule City Home Rule City Horne Rule Borough Home Rule Borough Home Rule City Home Rule City Home Rule City Unified Horne Rule Municipality Home Rule City Unified Home Rule Borough Home Rule Borough Anchorage Cordova Denali Borough Fairbanks Haines Borough cc ea 4.1 c = •■■■ ._ ra c aj hd f Ketchikan Kodiak Nenana a., 5 ..c t 0 Z North Slope Borough Northwest Arctic Borough ,... w E Yu O. Petersburg Seward Sitka Valdez Wrangell Yakutat Sandra Modigh From: Patricia Porter [kenaimayorl0 @msn.comj Sent: Friday, March 09, 2012 6:51 PM To: Sandra Modigh Subject: FW: Ordinance No. 2316 -2012 Sandra, Please put a copy of this email in our next city council packet. Thank you, Pat From: jbower@palmerak.oro To: kenaimavorl0Cawmsn.com; mbovle©alaska.com; bob(amoliovforcouncil.com; timnavarremam ail .com; rvan@marouisforkenai.com; terry©bookevforkenai.com CC: smodi■h ci.kenai.ak.us Date: Fri, 9 Mar 2012 09:44:13 -0900 Subject: Ordinance No. 2316 -2012 Good morning, It's not very often that a Clerk uses the opportunity to weigh in on another municipality's ordinance. However, the nature of this ordinance is such that I felt it important enough to write to you. I completely support this ordinance and applaud you for considering it. As the Mayor pointed out, the parliamentarian duties are traditionally carried out by the Clerk. Title 29, which speaks to general law municipalities, designates the duties as belonging to the Clerk. Palmer, similar to Kenai, is a home rule municipality and just like Kenai, is not bound to that portion of the statute. Palmer, again similar to Kenai, adopted an ordinance designating the Clerk as the parliamentary advisor to the council. Just in case you are interested, I've included our code language below. In speaking with our City Attorney, he explained that the attorneys do not receive a lot of parliamentary training, where conversely the Clerks receive yearly training. This ordinance falls in line with other municipalities and to the strength of a City Clerk. I urge you to adopt it. By the way, congratulations on hiring such a great Clerk! I've known Sandra for quite a while and had the pleasure of writing the letter sponsoring her Certified Municipal Clerk (CMC) designation. This is an excerpt from the letter: "Sandra serves her City with professionalism and dignity. She is dedicated to meeting the needs of her council and community, and continually meets those needs through her leadership and management abilities ". I'm certain you will be able to identify these abilities in Sandra as well. Thank you! 2.11.020 Duties. The clerk shall: A. Attend regular, special and emergency meetings of the council and keep a record of its proceedings; B. Record and certify all actions of the council; C. Administer all oaths required by law; D. Have custody of the city seal and the official records of the city; E. Assure ample notice of the expiration or termination of any term of office to the proper officials and, when necessary, the conditions or requirements of all bonds, franchises, contracts or agreements; F. Administer all municipal elections; G. Attest deeds and other documents; H. Manage municipal records and develop retention schedules and procedures for inventory, storage and destruction of records as necessary; I. Maintain and make available for public inspection an indexed file of all permanent city records, including the city ordinances, resolutions, rules, regulations and codes, provide for codification of ordinances, and authenticate or certify records as necessary; 1 Prepare ordinances and resolutions as required to carry out the functions of the council; K. Prepare agendas and council packets as required by the council; L. Assure that the municipality complies with 42 U.S.C. 1971 -1974 (Voting Rights Act of 1965, as amended); M. Act as the parliamentary advisor to the council; N. Prepare the budget for the council, mayor and clerk's office and provide the budget to the manager, according to the manager's timeline. The manager shall include the proposed budget, as submitted to the council; and O. Perform other duties required by law or the council. (Ord. 09-004 § 3, 2009; Ord. 648 § 9, 2005) Janette M. Bower, MMC City Clerk City of Palmer, Alaska 231 W. Evergreen Avenue Palmer, AK 99645 907 - 761 -1301 www.cityofoaimer.org 2