5 Alaska Admin. Code § 96.060

Current through August 30, 2024
Section 5 AAC 96.060 - Uniform rules of operation
(a) Each committee must comply with the uniform rules of operation contained in this section.
(b)Organization. Each committee is organized under AS 16.05.260.
(c)Responsibilities. Each committee is responsible for performing the functions described in 5 AAC 96.010 and 5 AAC 96.050 in accordance with provisions of 5 AAC 96 - 5 AAC 99.
(d)Title. Each committee must have a title.
(e)Membership.
(1) Each committee must have at least five but not more than 15 members. The joint board may limit the size of a committee to less than 15 members at the time the committee is established or at committee request. The members must be representative of fish and game user groups in the area served by the committee. To the extent practicable, at least three user groups must be represented on each committee, and membership must include representatives from each town or village located in the area that the committee represents. To ensure full representation of an area, the joint board may assign a seat on the committee to represent a specific user group or specific community.
(2) A newly-elected member that is filling a
(A) vacated scat begins serving immediately and has immediate voting and membership privileges;
(B) seat of a member whose term is expiring will be seated at the first committee meeting that is held after the date that the term of the previous member expires
(3) repealed 9/19/2019;
(4) repealed 9/19/2019;
(5) repealed 9/19/2019;
(6) repealed 9/19/2019;
(7) repealed 9/19/2019;
(8) repealed 9/19/2019;
(f)Terms of Members. Each committee shall establish the terms of the committee's members so that not more than one-third of the committee members' terms expire in one calendar year. Terms commence on July 1 and expire on June 30 of the year designated. Except as specified in (g)(1) of this section, an expired term may continue until a successor has been duly elected at the next committee meeting, or for community designated seats under 5 AAC 96.021(c), at an election within 12 months following the expiration of the term. The maximum length of a term is three years.
(g)Election Procedures.
(1)Vacancy A committee shall give at least 14 days public notice of a meeting for an election to fill a vacant or expired seat. An election for a community designated seat under 5 AAC 96.021(c) must also have 14 days public notice. The member elected to fill a vacant seat will serve the remainder of the vacant seat's term. A chair, or boards support section when the chair is unable, shall declare a vacancy when any of the following occurs:
(A) a member's death, resignation, or refusal to accept election;
(B) a member's absence from three consecutive, regularly advertised meetings without reasonable justification, as determined by a majority vote of the committee;
(C) a member's removal by the joint board for cause
(D) a member's term has expired or its expiration is imminent;
(E) for community designated seats under 5 AAC 96.021(c), if an election has not occurred 12 months following the expiration of the term;
(2)Nomination. The committee may set a time period during which the committee will accept nominations and shall give adequate public notice of the time before accepting nominations. Any committee member or resident of the area served by the committee as defined in 5 AAC 96.910(10) may submit a nomination. A committee may not reject a nomination for an undesignated seat if committee membership is less than the number of members authorized by the joint board;
(3)Place of election. Elections for a community scat specified in 5 AAC 96.021(c) may take place in the community for which the seat is specified;
(4)Quorum requirements for elections. A committee need not establish a quorum to accept nominations or elect a new member except that, for committees with both community and undesignated seats, elections for undesignated seats shall be held at a committee meeting at which a quorum is present;
(5)Elections. Each committee member, and each voting-age resident of the area of served by the committee as defined in 5 AAC 96.910(10) who attends the election, may vote on a nomination for membership. Nominees receiving the most votes are elected;
(6)Election results. A committee shall forward election results, and each newly-elected or re-elected member shall forward a new member form, to the appropriate regional office of the boards support section not later than 30 days after the election. A newly-elected or re-elected member loses membership status if the member fails to submit a new member form within 30 days after the election;
(7)Alternates.
(A) Each advisory committee may appoint two undesignated alternates. An undesignated alternate may act as a member of the advisory committee in place of any member who is absent from a meeting. If an advisory committee appoints an undesignated alternate from the remaining nominees from an election, the alternate may serve on the advisory committee throughout the year to fill a vacancy;
(B) Advisory committees with community-designated seats identified in 5 AAC 96.021(c) may appoint an alternate for each community represented, to be appointed by a majority of the elected members representing that community, the member who is the sole representative of the community, or by the chair when elected members representing the community are unable to appoint an alternate. A community-designated alternate may act as a member of the advisory committee when an elected member representing that community is absent from the meeting. If a community-designated alternate is appointed by a majority of the elected members representing that community or the sole representative of a community, the alternate may serve on that advisory committee throughout the year to fill a vacancy;
(C) Alternates must meet the qualifications under this chapter. Alternates are not elected under (1) - (6) of this subsection. When acting as a member of an advisory committee, an alternate is entitled to the benefits, privileges, and responsibilities of a regular member. The term for an undesignated or community-designated alternate is not to exceed a 12-month period and the term ends on June 30.
(h) Repelaed 9/19/2019.
(i)Officers. The officers of a committee consist of a chair, a vice-chair, and a secretary or recorder. The term of office for officers is two years starting July 1 and ending June 30 of the following year, or until the next meeting when new officers can be elected. Officers are elected by a majority vote of a quorum of a committee.
(j)Chair. The chair is the presiding officer and is responsible for setting meeting dates, establishing agendas, and ensuring that preliminary recommendations and actions of the committee are recorded in writing and submitted to boards support section in the manner specified by boards support.
(k)Vice-chair. The vice-chair shall assist the chair and assume chair duties when the chair is absent.
(l)Secretary or recorder. The secretary or recorder is essential for ensuring the actions by the advisory committee are accurately recorded in writing. The secretary or recorder may be, but need not be, a member of the committee. The secretary or recorder shall carry out the usual duties associated with the office including maintaining records of the meeting in accordance with 5 AAC 96.060(s). If the secretary or recorder is not a committee member, the secretary or recorder has no vote on committee business other than nominations for committee membership.
(m)Replacement of an Officer. A committee may replace an officer if
(1) the officer resigns from office or from committee membership before his or her term in office, or on the committee, expires;
(2) the committee declares the officer's seat vacant under (g) of this section; or
(3) a quorum of the committee meets and a majority of the full committee membership votes to remove the committee member from office, after giving the officer written notice at least 14 days before the meeting.
(n)Removal for Cause. The joint board may remove any member of a committee for cause upon the written request of the majority of all members serving on the committee setting out the reasons for the requested removal. As used in this subsection, "cause" includes
(1) Repelaed 9/19/2019.
(2) conviction of a crime or imposition of an administrative disciplinary action for behavior inconsistent with the responsibility of a fish and game advisory committee membership within the preceding five years;
(3) serious and substantial disregard for or violation of the provisions of this chapter or 5 AAC 97 governing the committee system, including conduct warranting the imposition of disciplinary measures under Robert's Rules of Order; or
(4) failure, at any time, to meet the qualifications for committee membership.
(o)Meetings. An advisory committee is considered a governmental body under the Open Meetings Act, AS 44.62.310-AS 44.62.319.
(1)Regular meeting. A committee shall meet at least twice a year to remain active under 5 AAC 96.450. A committee may meet at times appropriate to the process described in 5 AAC 96.610, and at other times to formulate regulatory proposals, review and comment on proposals, and consider matters appropriate to the committee's functions under 5 AAC 96.050. A chair, the department, or two members of the committee may call a regular meeting;
(2)Special meeting. A chair the department, or two members of the committee may call a special meeting at which any person may submit a statement to the committee on any matter relating to the committee's functions under 5 AAC 96.050 or 5 AAC 96.060(g) or (m).
(p)Joint Committee Meeting. Each committee shall cooperate with other committees on matters of mutual interest and concern, and may hold a joint meeting to accomplish this purpose.
(q)Quorum. A majority of all the members serving on a committee constitutes a quorum for the transaction of business. Every action or decision of a majority of the members present at a duly held meeting of a committee, at which a quorum is present, is an act of the committee.
(r)Rules of Meetings. Meetings of a committee will, to the extent practicable, be conducted according to the latest edition of Robert's Rules of Order. A committee may implement the disciplinary measures in Robert's Rules of Order except for permanent removal of a member for cause under (n) of this section. A member abstaining from voting may be recorded as an abstention if the member provides an explanation that is included in the committee records. Notwithstanding (q) of this section, if abstention votes are recorded, the action or decision of a majority of the remaining members at a meeting at which a quorum is present is an act of the committee.
(s)Record of Meetings. Preliminary recommendations of each committee meeting shall be recorded in writing and forwarded to the boards support section not later than 30 days after the meeting. Before an advisory committee chair or a designee will be allowed to represent the advisory committee before the joint board, the Board of Fisheries, or the Board of Game, the appropriate board may require that the advisory committee submit to the respective board a set of the committee's written recommendations relevant to the topic of the board meeting. In the event a committee is unable to meet with a tiuorum to approve written recommendations, the committee shall appoint a member other than the secretary to provide a preliminary approval of the recommendations.
(t)Records. All correspondence, manuals, meetings minutes, membership listings, newsletters, regulations, requests for new committees, structure and reorganization data, public meeting notices and membership nominations must be forwarded to the boards support section not later than 30 days after the production of the action, so that such records may be kept as a permanent state record and transferred to the Alaska State Archives in accordance with the records retention schedule adopted under AS 40.21.030.

5 AAC 96.060

In effect before 1983; am 10/9/83, Register 88; am 9/22/85, Register 95; am 11/30/89, Register 112; am 9/26/90, Register 115; am 7/12/98, Register 147; am 2/23/2014, Register 209, April 2014; am 9/19/2019, Register 231, August 2019; am 8/18/2024, Register 251, October 2024

Authority:AS 16.05.260