06-23-14 Council Rules - Laserfiche WebLink

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COUNCIL RULES JUNE 23.2014 4:43 P.M. Committee Members Present: Dr. David Varner, Oliver Davis, Dr. Fred Ferlic, Valerie Schey Other Council Present: Tim Scott, Henry Davis, Karen White, Gavin Ferlic, Derek Dieter Other Present: Estimated 50 in Council Chamber Agenda: The Council Rules Committee met to consider the matter of complaints filed against 2nd District Councilmember Henry Davis alleging official misconduct. "Pursuant to Indiana Code (5- 14- 1.5 -3) the Council Rules Committee was to be an open meeting for the purpose of permitting members of the public to observe and record. However, no public comments were to be permitted. Proceedings: Rules Committee Chairman Varner opened the hearing by reading a timeline of events leading up to today's hearing. A key issue needing resolution before taking any action was whether President Oliver Davis was eligible to cast a vote on the rules Committee in any instance other than when necessary to break a tie. This was critical in that if the President could not vote, the Committee vote at a prior meeting would have been 2 -1 to censure Councilmember Henry Davis. On the other hand, if the President routinely on all matters the vote would have been 2 -2, effectively eliminating the possibility of censure. Both side argued vociferously with Chairman Varner often acting as referee. Attorneys weighed in for both interpretations of what was right using the Code as well as past practices establishing precedence. This continued unabated for nearly an hour neither side being able to convince the other their opinion was correct. Even Council Attorney Kathy Cekanski- Farrand despite voluminous research was unable to find consensus. Looking to call the question Dr. Ferlic made a motion seconded by Dr. Varner to recommend the following to full Council. There is public censure of Henry Davis that he not be allowed to spend public funds for the remainder of his term, that he be removed from any leadership position on Council and that he be removed from Council Committees. The vote would have been 2 -1, Valerie Schey dissenting if the President could not vote. However President Oliver Davis holding to his right to vote resulted in a 2 -2 tie again — stalemate. No consensus. Dr. Varner adjourned the meeting at 5:40 without any issue resolved.