06-23-14 Common Council Meeting Minutes

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REGULAR MEETING JUNE 23,201 and signed by majority of committee members, though it is only a committee of four, the majority is three. If there is a report it needs the majority. Councilmember Schey, so since there are only two members than that would fail. Attorney Charles it is the responsibility of the President on whether to accept report based on the municipal code. Councilmember what are the next three words in Section I and read the report. Attorney Charles, "after the hearing ". Councilmember, I'm just making that point that there was no hearing. Councilmember Davis, can you finish up that it's not substantial...? Attorney Charles, after the hearing, the code assumes that there will be a public hearing at the rule committee level in fact the hearing is waived by the person who is charged, then moved forward with facts, with stipulated and agreed. A private hearing was waived in this case as there was no presentation of evidence at the committee level. Councilmember Varner, the report would pass along as out of the three voting member, 2 would be the majority members. Dr. Ferlic, can I got ahead and make a motion? Councilmembers responded no, not at this time. Attorney Charles, I understand your point but there is a section that you are not supposed to have an even number board, the rest of the members would act as member. The code is silent that a presiding member can vote to separate a vote. Bob Masters — Attorney 211 W Washington St. — I represent Councilmember Henry Davis Councilmember Schey on Friday you presented to Council a motion to dismiss, can you please tell us more about that motion? Attorney Bob the Rules committee rule require a majority finding that Mr. Davis violated the municipal code or another statue, now eight (8) complaints were filed against Mr. Davis in January an additional complaint in February those complaints were referred to rule committee for an inquiry which led to June 9 1 h public hearing, putting the charges to a vote which was no majority fording on that day. The vote was two to two, the tie is as good as a no, with failed finding by the majority that rules have been violated the charges have to be dismissed. Mr. Davis has filed a motion to dismiss as the Rules Committee has not dismissed, the re -vote was under taken from suggestion that Oliver Davis was not allowed to vote. There are 11 committees and the Rules Committee with its own rules required the President to be on the committee if the President can't vote. Over the last 13 years, there are at least seven (7) votes, where the Council President Davis voted twice in February, and Dieter voted at least three (3) times, when he was President. Per the vote it is contrary to past voting, the rule are being changed just because it is Henry Davis Jr. which it is still a 2 to 1 vote therefore it is the Rules Committee to dismiss these orders. Attorney Bob pointed out numerous examples of the Council President voting recently and in the past. The rules of the President can't vote has been overlooked for over thirteen (13) years. In the past there has been no questions about the President voting, until Henry Davis' motion for a file to dismiss. Councilmember President Oliver Davis, I can go on record that I did vote in the past. If it is inappropriate for me to vote now then it was inappropriate for me to vote Dr. Ferlic and nominate him on the committee. Then he would not officially be on the committee and therefore there is no official report. Attorney Bob even on a four person committee, even if only three members can vote the majority is not two (2), the majority is three (3), and the code does not say the majority of voting members because it anticipates the President will be voting as it requires him to be a member. There are no cap of members, but it has to reflect the political composition of the Council. 16