How To Go Home Rule in Alaska

The laws for the home rule procedure for Alaska municipalities can be found at:

http://www.touchngo.com/lglcntr/akstats/Statutes/Title29/Chapter10.htm

Here's the overview of the process:

1) At least 10 voters sign an application for an initiative and referendum petition which they file with the municipal clerk. The Clerk prepares the petitions and sends them to applicant contact person.

2) Number of signatures needed to begin a charter commission election, to which 7 members would be elected to draft a home rule charter: 15% of the votes cast in the most recent election in the municipality. Mat-Su Borough is 59,000 people. According to http://www.matsugov.us/Election/electionresults/2006/boroughtotal.pdf, 12,901 people voted on October 3, 2006 at the Matanuska-Susitna Borough Election. So, 15% of 12,901 = 1935 signatures needed. You would, of course, need more in case of a challenge.]

3) Seven candidates (at least) must gather signatures to get their names on the ballot:

(a) A candidate for a charter commission of an existing municipality shall have been qualified to vote in municipality for at least one year immediately preceding the charter commission election.

(b) A charter commission candidate is nominated by a petition signed by at least 50 voters or the number of voters equal to 10 percent of the number of votes cast in the municipality during the last regular election, whichever is less. A nomination petition shall be filed with the municipal clerk on or before a date fixed by the governing body.

(c) If at least seven nominations for qualified charter commission candidates are not filed, the petition or resolution calling for a charter commission is void and an election on the question may not be held.

4) The ballot question for which the first petition is circulated: At a charter commission election the voters of an existing municipality shall consider the question "Shall a charter commission be elected to prepare a proposed charter?" and shall elect the members of the commission. If the question is approved, the seven candidates receiving the highest number of votes immediately organize as a charter commission.

5) The charter commission shall, within one year, prepare a proposed home rule charter for an existing municipality. The proposed charter shall be signed by a majority of the members of the commission and filed in the office of the municipal clerk. Within 15 days, the clerk shall have the proposed charter published and make copies available. The commission shall give published notice of and hold at least one public hearing on the proposed charter before the signing and filing of the charter.

6) The proposed home rule charter for an existing municipality shall be submitted to the voters at an election held not less than 30 days or more than 90 days after the proposed charter is published. The proposed home rule charter for a home rule municipality to be formed by incorporation, merger, or consolidation shall be submitted to the voters at an election held under AS 29.05.110 or AS 29.06.140 . [incorporation or charter elections have specific rules]

7) Charter Adoption:

(a) If a majority of those voting in an existing municipality favor the proposed charter or if a majority of those voting to form a home rule municipality by incorporation, merger, or consolidation favor incorporation, merger, or consolidation, the proposed charter becomes the organic law of the municipality effective on the date the election is certified. Thereafter, a court shall take judicial notice of the charter. The new home rule municipality shall file the indicated number of copies of the charter with

(1) the lieutenant governor - two copies;
(2) the department - two copies;
(3) the district recorder - one copy;
(4) the municipal clerk - one copy.

(b) At the time of voting on the proposed charter in a third class borough, voters shall vote also on whether the borough shall, on adoption of the charter, retain a combined assembly and school board or elect a separate assembly and board as otherwise provided for home rule boroughs. If a combined assembly and school board are approved at the charter election, the assembly serving at the time of the election continues to serve as the assembly and board on voter approval of the charter and until terms of assembly members expire as provided before adoption of the charter. If a separate board and assembly are approved at the charter election, a school board shall be elected in conformity with AS 14.12.030 - 14.12.100 at the next regular election, if it occurs within 90 days of the date of the charter election, or otherwise at a special election within 90 days of the date of the charter election. Expiration dates of terms of school board members elected at a special election shall coincide with the date of the regular election. Until a board is elected and qualified, the assembly continues to serve as the board.

8) Charter Rejection:

(a) If a proposed charter for an existing municipality is rejected, the charter commission shall prepare another proposed charter to be submitted to the voters at an election to be held within one year after the date of the first charter election. If the second proposed charter is also rejected, the charter commission shall be dissolved and the question of adoption of a charter shall be treated as if it had never been proposed or approved.

(b) If incorporation, merger, or consolidation of a home rule municipality is rejected by the voters, the proposed charter is rejected.

9) Charter Amendments:

(a) A home rule charter may be amended as provided in the charter, except that no amendment is effective unless ratified by the voters.

(b) If a charter is amended, the municipality shall file the indicated number of copies of the revised charter with

(1) the lieutenant governor - two copies;

(2) the department - two copies;

(3) the district recorder - one copy;

(4) the municipal clerk - one copy.
(c) This section applies to home rule municipalities.

Article 02. HOME RULE LIMITATIONS

10) Limitation of Home Rule Powers [a list of links for this section can be found at: http://www.touchngo.com/lglcntr/akstats/Statutes/Title29/Chapter10/Section200.htm

Of interest, under "Land Use Regulation" limitations of home rule power, it says:

AS 29.35.180. Land Use Regulation.

(a) A first or second class borough shall provide for planning, platting, and land use regulation in accordance with AS 29.40.
(b) A home rule borough shall provide for planning, platting, and land use regulation.