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What is the term of office
for an elected municipal official?
State law provides for a term
of three years for council and assembly members and for
the mayor of a first class city or borough, unless otherwise
provided by home rule charter or ordinance. The mayor of
a second class city serves a term of one year, unless otherwise
provided by ordinance. If the term of office is changed
during an incumbent's term, the change does not take effect
until after their term expires. This doesn't apply if the
change is due to recomposition or reapportionment. (AS
29.20.150 and AS
29.20.230).
When does the term of office
begin?
The regular term of office
begins on the first Monday following certification of the
election, unless a different date is prescribed by charter
or ordinance. If the mayor of a second class city is elected
by the voters from the council, the term of office begins
the first Monday after certification of the special election
which must be held within 45 days after certification of
the last regular election. (AS
29.20.150 and AS 29.20.230).
Is there a limit to the
number of terms a member of the governing body can serve?
Unless there is an ordinance
ratified by the voters allowing term limits, no limit may
be placed on the total number of terms or number of consecutive
terms a voter may serve on the governing body either as
a council or assembly member or mayor. (AS
29.20.140 and AS 29.20.230).
How long does a member appointed
to a vacated seat on the governing body serve?
A person appointed to a vacant
seat on the governing body serves until the next regular
election when a successor shall be elected to serve the
balance of the term of office. As an example if a person
is elected for a three year term and resigns their seat
half way through the second year, the person appointed
would only serve to the end of the second year. At the
end of the second year, the seat would come up for election
for one year until the three year term ends. When the three
year term ends, the seat comes open for another three year
term. (AS
29.20.180(c)).
Can an official be removed
from office?
Yes. An elected official may
be removed from office either by the residents of the community
represented or by other members of the governing body.
Removal by the governing
body - Unless otherwise provided by ordinance, an
elected official other than the mayor may be removed
from office by the governing body and their seat declared
vacant for the reasons spelled out in AS
29.20.170.
A mayor may be removed and
the seat declared vacant by the governing body only under
the provisions of AS 29.20.280.
Recall - If the residents of a municipality
are dissatisfied with the performance of an elected official, they may vote to
remove that official from office after the official has served the first 120 days
of the term for which elected or appointed. There are specific rules and
procedures that must be followed when trying to recall an elected official.
AS 29.26.240
through .360
are the statutes governing recall elections. The process includes an application for recall
petition, a recall petition that is circulated for signatures, and a recall election.
For a list of court cases dealing with the recall process, see the Additional Resources
below. For additional information on the recall process see the LOGON topic on Recall.
What are the grounds for
recall?
Allowable grounds for recall
under initiative/election process are: misconduct in office,
incompetence, or failure to perform prescribed duties (AS
29.26.250).
The allowable grounds in statute
(AS 29.20.170 and AS
29.20.280) for removal of an elected official by the governing body are:
- Fails to qualify or take office
within 30 days;
- Is physically absent for 90
consecutive days and not excused by the governing body;
- Is determined by two-thirds
vote of the governing body to be physically or mentally
unable to perform the duties of office;
- Is convicted of a felony or
of an offense involving a violation of the oath of office;
- Is convicted of a felony or
misdemeanor described in AS 15.56 (see Current
Alaska Statutes) and the members agree by two-thirds vote to expel;
- Is convicted of a violation
of AS 15.13 (see Current Alaska
Statutes);
- No longer physically resides
in the municipality and the members agree by two-thirds
vote to declare the seat vacant; or
- If a member of the governing
body misses three consecutive regular meetings and is not
excused. (In the case of a mayor, this provision only applies
in a second class city.)
Additional information on recall
can be found in the LOGON topic on Recall.
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