2.04.040 Vacancy on the council.
A. The council shall, by two-thirds concurring vote, declare a council seat vacant only when the incumbent:
1. Fails to qualify or take office within 30 calendar days after election or appointment;
2. Unless excused by the council, is physically absent from the city for 90 consecutive calendar days;
3. Resigns and the resignation is accepted;
4. Is physically or mentally unable to perform the duties of office;
5. Is convicted of a felony or of an offense involving a violation of the oath of office;
6. Is convicted of a felony or misdemeanor described in AS 15.56;
7. Is convicted of a violation of AS 15.13;
8. No longer physically resides in the city; or
9. Unless excused by the council, misses three consecutive regular meetings.
B. A council member who ceases to be a city voter immediately forfeits office and no council action is needed.
C. Except as otherwise provided in this section or required by law, if a vacancy occurs on the council, the remaining members shall appoint a qualified person to fill the vacancy within 45 days from the date the vacancy is declared.
D. If a seat is vacated with less than 30 days remaining in its term, that seat shall not be filled by appointment consistent with AS 29.20.180.
E. If a seat is vacated with 30 or more days remaining in its term, the notice of offices to be filled has been published for the upcoming regular election, the seat is not included in that notice, and that election has not yet been certified, the council shall fill the vacancy no more than 45 days after certification of that election.
F. If the vacant seat is up for election and the person appointed to the position would serve less than 60 days before the vacant seat is filled at that election, the council may determine by resolution that it is in the city’s best interest not to make a short-term appointment and to fill the seat through the election process.
G. If membership is reduced to less than the number required to constitute a quorum, the remaining members shall, within seven calendar days, appoint the number of qualified persons necessary to constitute a quorum.
H. A person appointed under this section serves until the next regular election at which the vacant seat can be filled. If a vacant seat is filled at an election before the end of the term vacated, a successor shall be elected to serve only the balance of the term. (Ord. 20-32 § 2, 2020; Ord. 18-22 § 2, 2018; Ord. 10-32(AM) § 2, 2010; Ord. 05-16(AM) § 2, 2005; prior code § 2.04.050)