Title 29 — Municipal Government
38 chapters · 509 sections in this title.
AS 29.20.130 City council composition.
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Each first class city has a council of six members 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 a…
AS 29.20.140 Qualifications.
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(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 office. (b) A municipality may by ordinance establish a dura…
AS 29.20.150 Term of office.
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(a) A member of the governing body is elected for a three-year term and until a successor qualifies, unless a different term not exceeding four years is prescribed by home rule charter or ordinance. (b) Except when otherwise required by a change in composition or apportionment, i…
AS 29.20.160 Procedures of governing bodies.
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(a) The assembly shall elect from among its members a presiding officer and a deputy presiding officer to serve at the pleasure of the members, except that in a borough that has adopted a manager form of government under AS 29.20.460 — 29.20.510 the mayor serves as presiding offi…
AS 29.20.170 Vacancies.
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The governing body may provide by ordinance the manner in which a vacancy occurs in any elected office except the office of mayor or school board member. Unless otherwise provided by ordinance, the governing body shall declare an elective office, other than the office of mayor or…
AS 29.20.180 Filling a vacancy.
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Article 3. Municipal Executive and Administrator. (a) If a vacancy occurs in a governing body, the remaining members shall, within 30 days unless a different period is provided by ordinance, appoint a qualified person to fill the vacancy. If less than 30 days remain in a term, a …
AS 29.20.220 Executive power.
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(a) The executive power in a municipality is vested in a mayor. The mayor of a home rule or unified municipality is elected by the voters. The mayors of other municipalities are elected in accordance with AS 29.20.230. (b) The mayor acts as ceremonial head of government, executes…
AS 29.20.230 Election and term of mayor.
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(a) The mayor of a borough or first class city is elected at large. The mayor of a borough or first class city serves a term of three years, unless by ordinance a different term not to exceed four years is provided. The current term of an incumbent mayor may not be altered. The r…
AS 29.20.240 Qualifications for the office of mayor.
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(a) A voter of the municipality is eligible to hold the office of mayor in a borough or first class city. A member of the city council is eligible to hold the office of mayor in a second class city. (b) Residency requirements for the office of mayor not exceeding three years may …
AS 29.20.250 Powers and duties of mayor.
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(a) If a municipality has not adopted a manager plan of government, the mayor is the chief administrator and the mayor has the same powers and duties as those of a manager under AS 29.20.500. (b) The mayor may take part in the discussion of a matter before the governing body. The…
AS 29.20.260 Executive absence.
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The borough mayor, subject to assembly approval, shall designate a person to act as mayor during the borough mayor's temporary absence or disability. If a manager plan has been adopted, the assembly shall designate by resolution a borough administrative official to act as manager…
AS 29.20.270 Veto.
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(a) Except as provided in (c) — (e) of this section, the mayor may veto an ordinance, resolution, motion, or other action of the governing body and may strike or reduce appropriation items. (b) A veto must be exercised before the next regular meeting of the governing body and mus…
AS 29.20.280 Vacancy in the office of mayor.
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Article 4. Boards and Commissions. (a) The governing body shall, by two-thirds concurring vote, declare the office of mayor vacant only when the person elected (1) fails to qualify or take office within 30 days after election or appointment; (2) unless excused by the governing bo…
AS 29.20.300 School boards.
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(a) Each municipal school district has a school board. Except as provided in (b) of this section, members of a school board are elected at the regular election for three-year terms and until their successors take office. Members are elected at large unless a different method of e…
AS 29.20.310 Utility boards.
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(a) The governing body of a municipality operating a public utility may provide by ordinance for a utility board of five members and define the board's powers and duties. (b) As determined by ordinance, members of a utility board are either appointed by the mayor and confirmed by…
AS 29.20.320 Other boards and commissions.
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Article 5. Other Officials and Employees. (a) The governing body may by ordinance establish advisory, administrative, technical, or quasi-judicial boards and commissions. (b) Members of boards and commissions, except for members of the board of adjustment and assembly members ser…
AS 29.20.360 Appointment of officials.
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Unless otherwise provided by ordinance, the municipal clerk, attorney, treasurer, and police chief are appointed by the chief administrator. Unless otherwise provided by ordinance, an official described in this section serves at the pleasure of the appointing authority and, if ap…
AS 29.20.370 Municipal attorney.
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The municipal attorney is the legal advisor of the governing body, the school board, and the other officials of the municipality. The municipal attorney represents the municipality as attorney in civil and criminal proceedings. The school board may hire independent counsel when i…
AS 29.20.380 Municipal clerk.
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(a) The municipal clerk shall (1) attend meetings of the governing body and its boards and committees as required and keep the journal; (2) have custody of the official municipal seal; (3) assure that notice and other requirements for public meetings are complied with and assure …
AS 29.20.390 Municipal treasurer.
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(a) Except as provided in AS 14.14.060, the treasurer is the custodian of all municipal funds. The treasurer shall keep an itemized account of money received and disbursed. The treasurer shall pay money on vouchers drawn against appropriations. (b) The treasurer shall give bond t…
AS 29.20.400 Departments.
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(a) The governing body may establish municipal departments and distribute functions among them. (b) Each municipal department is administered by a department head. With the consent of the governing body, the mayor may serve as head of one or more departments or a single administr…
AS 29.20.410 Personnel system.
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Article 6. Manager Plan. (a) Except as provided by (b) of this section, appointments and promotions of municipal employees are made on the basis of merit. The governing body may provide for a personnel system and classified service. (b) By ordinance the governing body may designa…
AS 29.20.460 Manager plan.
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(a) A municipality may adopt a manager plan of government. Adoption of a manager plan may be initiated either by petition or by motion adopted by the governing body. (b) A petition for the adoption of a manager plan shall meet the requirements of AS 29.26.110 — 29.26.160 except, …
AS 29.20.470 Election on adoption of manager plan.
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The governing body shall provide by ordinance or resolution for a vote on the question of adopting a manager plan at the next election when it (1) receives a petition to submit the question to the voters that has been certified as sufficient by the clerk; or (2) adopts a motion t…
AS 29.20.480 Adoption of manager plan.
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(a) If a manager plan is approved, the governing body shall, within 60 days, adopt the plan by ordinance or resolution. (b) The governing body shall notify the department of the adoption of a manager plan.
AS 29.20.490 Appointment of manager.
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(a) The governing body shall appoint a manager by a majority vote of its membership. A manager is chosen on the basis of administrative qualifications and receives the compensation set by the governing body. A member of the governing body may not be appointed manager of the munic…
AS 29.20.500 Powers and duties of a manager.
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The manager may hire necessary administrative assistants and may authorize an administrative official to appoint, suspend, or remove subordinates. As chief administrator the manager shall (1) appoint, suspend, or remove municipal employees and administrative officials, except as …
AS 29.20.510 Intergovernmental appointment of manager.
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A borough adopting a manager plan may, on agreement with a city in the borough, provide that the manager of the city serve also as borough manager. A city adopting a manager plan may, on agreement with the borough in which it is located, provide that the manager of the borough se…
AS 29.20.520 Repeal of manager plan.
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Article 7. Miscellaneous Provisions. A municipality may repeal a manager plan by following the procedures under AS 29.20.460 — 29.20.480 for adoption of a manager plan, except the question shall be whether the manager plan should be repealed. Within 60 days after certification of…
AS 29.20.600 Oaths of office.
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Before taking office a municipal official shall affirm in writing that the duties of the office will be honestly, faithfully, and impartially performed by the official. The oath is filed with the municipal clerk.
AS 29.20.610 Bonding.
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The manager and the other municipal officials or employees that the governing body may designate shall give bond in the amount and with the surety prescribed by the governing body. Premiums on bonds are paid by the municipality.
AS 29.20.620 Compensation for elected officials.
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The governing body shall by ordinance provide a method of determining the salaries of elected officials. The salary of the mayor may not be reduced during the term of office of the mayor, unless during the term a manager plan is adopted. An elected official may not receive compen…
AS 29.20.630 Prohibited discrimination.
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(a) A person may not be appointed to or removed from municipal office or in any way favored or discriminated against with respect to a municipal position or municipal employment because of the person's race, color, sex, creed, national origin or, unless otherwise contrary to law,…
AS 29.20.640 Reports.
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(a) A municipality shall file with the department (1) maps and descriptions of all annexed or detached territory; (2) a copy of the annual audit, or, for a second class city, an audit or statement of annual income and expenditures; (3) tax assessment and tax levy figures as reque…
AS 29.25.010 Acts required to be by ordinance.
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(a) In addition to other actions that this title requires to be by ordinance, the governing body of a municipality shall use ordinances to (1) establish, alter, or abolish municipal departments; (2) provide for a fine or other penalty, or establish rules or regulations for violat…
AS 29.25.020 Ordinance procedure.
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(a) An ordinance is introduced in writing in the form required by the governing body. (b) The following procedure governs the enactment of all ordinances, except emergency ordinances: (1) an ordinance may be introduced by a member or committee of the governing body, or by the may…
AS 29.25.030 Emergency ordinances.
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(a) To meet a public emergency the governing body may adopt an emergency ordinance effective on adoption. Each emergency ordinance must contain a finding by the governing body that an emergency exists and a statement of the facts upon which the finding is based. An emergency ordi…
AS 29.25.040 Codes of regulation.
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The governing body may in a single ordinance adopt or amend by reference provisions of a published code of municipal regulations. The procedure under AS 29.25.020 applies to an ordinance adopted under this section, except that neither the ordinance or its amendments must be distr…
AS 29.25.050 Codification.
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(a) Each ordinance shall be codified after it is adopted. (b) Within three years after incorporation of a municipality, the municipal clerk or the clerk's designee shall have prepared a general codification of all municipal ordinances of general applicability having the force and…
AS 29.25.060 Resolutions.
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(a) The governing body shall provide for the maintenance of a permanent file of resolutions that have been adopted. (b) This section applies to home rule and general law municipalities.
AS 29.25.070 Penalties.
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(a) For the violation of an ordinance, a municipality may by ordinance prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days, except as limited by (f) of this section. For a violation that cannot result in incarceration or the loss of a valuable license,…
AS 29.25.072 Civil penalties for violation of municipal ordinances by minors.
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(a) Except as otherwise provided in this section, the enforcement under AS 29.25.070(b) of a civil penalty against a minor for violation of a municipal ordinance shall be heard in the district court in the same manner as for similar allegations brought against an adult, except th…
AS 29.25.074 Surcharge.
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(a) A municipality may not enforce a penalty for violation of an ordinance for which a surcharge is required to be imposed under AS 12.55.039 unless the municipality authorizes the imposition of and provides for the collection of the surcharge. The surcharge shall be deposited in…
AS 29.25.075 Collection of penalties.
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The court may collect for a municipality any monetary penalty or surcharge or item to be forfeited as a result of the violation of an ordinance. The supreme court may prescribe by rule the fees to be charged by all courts to municipalities for providing collection services under …
AS 29.25.080 Breast-feeding.
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A municipality may not enact an ordinance that prohibits or restricts a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be. In a municipal ordinance, “lewd conduct,” “lewd touching,” “immoral conduct,” “indecent c…
AS 29.26.010 Administration.
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(a) The governing body shall prescribe the rules for conducting an election. (b) For an election in which voters cast ballots at polling places in their precincts, the governing body shall appoint an election board composed of at least three judges for each precinct. If the gover…
AS 29.26.020 Nominations.
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(a) Subject to other provisions of this title, the governing body shall provide by ordinance for nominations of elected officials by providing for declaration of candidacy or for petition requiring the signatures of not more than 10 voters, or for both. (b) A person may be nomina…
AS 29.26.030 Notice of elections.
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(a) Subject to other provisions of this title, a municipality shall give at least 20 days notice of an election. (b) This section applies to home rule and general law municipalities.
AS 29.26.040 Date of regular election.
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The date of a regular election is the first Tuesday of October annually, unless a different date or interval of years is provided by ordinance.
AS 29.26.050 Voter qualification.
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(a) A person may vote in a municipal election only if the person (1) is qualified to vote in state elections under AS 15.05.010; (2) has been a resident of the municipality for 30 days immediately preceding the election; (3) is registered to vote in state elections at a residence…