(A) The office of City Council member is vacated under the following conditions and upon the declaration of vacancy by the City Council. The City Council shall declare a vacancy when the person elected:
(1) Fails to qualify or take office within thirty (30) days after election or appointment to office;
(2) Is physically absent from the city for ninety (90) consecutive days, unless excused by the City Council;
(3) Resigns and the resignation is accepted;
(4) Is physically or mentally unable to perform the duties of office as determined by a two-thirds vote of the City Council;
(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 and two-thirds of the members of the City Council concur in expelling the person elected;
(7) Is convicted of a violation of AS 15.13;
(8) No longer physically resides in the City or the Council Member accepts appointment to the City of Unalaska Planning Commission or Platting Board and the City Council by a two-thirds vote declares the seat vacant with the exception that this paragraph does not apply to a member of the City Council who forfeits office under AS 29.20.140(a); or
(9) Misses more than four (4) consecutive regular meetings, including work sessions, in any twelve (12)-month period beginning January 1 of each year and is not excused; provided, however, that exceptions will be granted for members who cannot attend meetings due to death in the immediate family, due to a personal or family medical emergency, and due to official City business so long as the Member provided advance notice of their expected absence to the Mayor in which instance non-attendance due to these circumstances shall be considered “excused absence” and shall not be counted in the attendance policy.
(10) Fails to attend at least seventy-five percent (75%) of regularly-scheduled meetings that are held within a twelve (12)-month period beginning January 1 of each year.
(B) During a meeting, the Mayor will declare, for the record, if an absent Council Member is excused or unexcused. When a regular meeting and a work session are held the same day, it will be counted as one meeting.
(C) Vacancies on the City Council shall be filled according to the following procedures:
(1) The remaining members shall, within thirty (30) days of vacancy, appoint a qualified person to fill the vacancy. If a vacancy occurs less than sixty (60) days before a regular election, Council shall appoint a qualified person to serve until the following year’s regular election.
(2) Notwithstanding division (A) of this section, if the membership is reduced to fewer than the number required to constitute a quorum, the remaining members shall within seven (7) days appoint a number of qualified persons to constitute a quorum.
(3) A person appointed under this section serves until the next regular election which can be conducted in accordance with requirements for declaration of candidacy, notice of election, and the printing of the ballots, when a successor shall be elected to serve the balance of the term.
(Am. Ord. 99-25, 11-23-99; Am. Ord. 2004-04, passed 3-9-04; Am. Ord. 2017-11, passed 12-12-17)