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06-23-14 Common Council Meeting Minutes
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06-23-14 Common Council Meeting Minutes
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REGULAR MEETING <br />JUNE 23,201 <br />and signed by majority of committee members, though it is only a committee of four, the <br />majority is three. If there is a report it needs the majority. <br />Councilmember Schey, so since there are only two members than that would fail. <br />Attorney Charles it is the responsibility of the President on whether to accept report based on the <br />municipal code. <br />Councilmember what are the next three words in Section I and read the report. Attorney <br />Charles, "after the hearing ". Councilmember, I'm just making that point that there was no <br />hearing. <br />Councilmember Davis, can you finish up that it's not substantial...? Attorney Charles, after the <br />hearing, the code assumes that there will be a public hearing at the rule committee level in fact <br />the hearing is waived by the person who is charged, then moved forward with facts, with <br />stipulated and agreed. A private hearing was waived in this case as there was no presentation of <br />evidence at the committee level. <br />Councilmember Varner, the report would pass along as out of the three voting member, 2 would <br />be the majority members. <br />Dr. Ferlic, can I got ahead and make a motion? Councilmembers responded no, not at this time. <br />Attorney Charles, I understand your point but there is a section that you are not supposed to have <br />an even number board, the rest of the members would act as member. The code is silent that a <br />presiding member can vote to separate a vote. <br />Bob Masters — Attorney 211 W Washington St. — I represent Councilmember Henry Davis <br />Councilmember Schey on Friday you presented to Council a motion to dismiss, can you please <br />tell us more about that motion? <br />Attorney Bob the Rules committee rule require a majority finding that Mr. Davis violated the <br />municipal code or another statue, now eight (8) complaints were filed against Mr. Davis in <br />January an additional complaint in February those complaints were referred to rule committee <br />for an inquiry which led to June 9 1 h public hearing, putting the charges to a vote which was no <br />majority fording on that day. The vote was two to two, the tie is as good as a no, with failed <br />finding by the majority that rules have been violated the charges have to be dismissed. Mr. <br />Davis has filed a motion to dismiss as the Rules Committee has not dismissed, the re -vote was <br />under taken from suggestion that Oliver Davis was not allowed to vote. There are 11 committees <br />and the Rules Committee with its own rules required the President to be on the committee if the <br />President can't vote. Over the last 13 years, there are at least seven (7) votes, where the Council <br />President Davis voted twice in February, and Dieter voted at least three (3) times, when he was <br />President. Per the vote it is contrary to past voting, the rule are being changed just because it is <br />Henry Davis Jr. which it is still a 2 to 1 vote therefore it is the Rules Committee to dismiss these <br />orders. Attorney Bob pointed out numerous examples of the Council President voting recently <br />and in the past. The rules of the President can't vote has been overlooked for over thirteen (13) <br />years. In the past there has been no questions about the President voting, until Henry Davis' <br />motion for a file to dismiss. <br />Councilmember President Oliver Davis, I can go on record that I did vote in the past. If it is <br />inappropriate for me to vote now then it was inappropriate for me to vote Dr. Ferlic and <br />nominate him on the committee. Then he would not officially be on the committee and therefore <br />there is no official report. <br />Attorney Bob even on a four person committee, even if only three members can vote the <br />majority is not two (2), the majority is three (3), and the code does not say the majority of voting <br />members because it anticipates the President will be voting as it requires him to be a member. <br />There are no cap of members, but it has to reflect the political composition of the Council. <br />16 <br />
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