Local Government Resource Desk Elected Officials Term of Office Introduction "Term of office" refers to the length of time that an elected official serves as a member of the governing body. State law establishes the term of office for elected municipal officials, but also authorizes a municipality to prescribe a different term by home rule-charter or local ordinance. There is no limit on the number of terms that can be served, unless voters have held an election on the question and imposed such a limit. Occasionally, an elected office will become vacant before the end of the incumbent's (the current office holder's) term, and the governing body will appoint someone to fill the vacant seat. If this happens, the person appointed only serves until the next regular election, when someone is elected to serve out the remainder of that seat's term. Narrative Most - but not all - local ordinances provide for staggered, three-year terms in order to ensure that all seats don't become vacant at the same time. In order to stagger the seats, there has to be an initial period, such as when the municipality first incorporates and elects its first council/assembly, that seat terms vary from one to three years in order to rotate into the staggered terms. As an example, seat A would serve a term of one year to start, seats B and C would serve a term of two years, and seats D and E would serve a term of three years. Under this model, the one- and two-year terms would only last until the next regular election, when the expired term would rotate into a three-term. Serving as an elected official requires a serious commitment of time and effort usually spanning a number of years. Before deciding to run for office, careful consideration should be given to the commitment required of an elected official. Frequently Asked Questions 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 another term length is provided by home rule charter or local 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, that change does not take effect until after their term expires. This doesn't apply if the change is due to recomposition or reapportionment (see 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 local 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 is elected to serve the balance of the term of office. As an example, if a person is elected for a three-year term but resigns their seat half-way through the second year, the person appointed as a replacement 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. Removal by the public (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 more information on the resident sponsored process to remove an elected member from office see the LOGON section Elections, Special Election Topics, Initiative. 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). According to AS 29.20.170 and AS 29.20.280, an elected official can be removed from office by the governing body if they: fail to qualify or take office within 30 days; are physically absent for 90 consecutive days and not excused by the governing body; are determined by two-thirds vote of the governing body to be physically or mentally unable to perform the duties of their office; are convicted of a felony or of an offense involving a violation of the oath of office; are convicted of a felony or misdemeanor described in AS 15.56 and the members agree by two-thirds vote to expel; are convicted of a violation of AS 15.13; no longer physically reside in the municipality and the members agree by two-thirds vote to declare the seat vacant; or miss three consecutive regular meetings and are not excused (in the case of a mayor, this provision only applies in a second class city). For more information on the resident sponsored process to remove an elected member from office, see the LOGON section Elections, Special Election Topics, Initiative. Additional Resources See the LOGON section, Election: Special Election Topics Recommended web site search topics: Recall Voter initiative Court Cases Dealing with Recall Meiners v. Bering Strait School district, 687 P.2d 287 (Alaska 1984) Von Stauffenberg v. Committee for an Honest & Ethical School Board, 903 P.2d 1055 (Alaska 1995) McCormick v. Smith, 793 P.2d 1042 (Alaska 1990) Applicable Laws and Regulations Alaska Constitution Article V, Section 1 Voter qualifications Article V, Section 2 Disqualification, loss of voting rights Article XI, Section 8 Recall of elected municipal officials Alaska Statutes AS 15.13 Campaign contributions/expenditures. AS 15.56 Election offenses/corrupt practices. AS 29.20.140 Qualifications, residency requirements, forfeiture of office, term limits. AS 29.20.150 Council/assembly term of office. AS 29.20.230 Mayor term of office, beginning date, method of election, change in term. AS 29.20.170 Vacancy in elected office other than mayor or school board. AS 29.20.180 Appointment to vacant seat, term. AS 29.20.280 Vacancy in the office of mayor. AS 29.20.300 School board term. AS 29.20.310 Utility board term. AS 29.26.240-.360 Recall. Revised 12/30/2014