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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 JUNE 23,201 <br />Councilmember Schey, my concern would be that you voted twice earlier this year. With <br />Council President voted twice this year, was not an issue previous has it now become an issue? <br />Attorney Bob if the vote questionable and no one rejects, then the right to object later has been <br />waived for example on June 9 with a two (2) to two (2) vote, only is the objection raised is after <br />the dismissal and it was unchallenged during that time. <br />Councilmember Varner when you have something written in code do you have to abide by the <br />code and something written on a report which would take precedent? You have given examples <br />of unanimous votes in cases where is wasn't? Should we continue to ignore the rules that we <br />neglected in the past or should we recognize what's in the code and go with that? <br />Attorney Bob, the code is inconsistent in its treatment in the rules committee has to be read so <br />that this rules make sense, it would be illogical to apply it to a committee that requires him to be <br />a member of. If you want to read this strictly as the words are written than two (2) votes on a <br />four (4) person committee is not the majority as it doesn't state only counting voting members. <br />So we can just dismiss this now. <br />Councilmember Varner there was not a vote on June 9 and there was a misunderstanding on <br />the notes. <br />Attorney Bob, I was here on that date, and witnessed the motions of that date. Two members say <br />no violation and two members state violation, so that is a two (2) to two (2) vote, <br />Councilmember President Davis we voted not to have an evidentiary hearing and that was a <br />unanimous vote and I was part of that vote. <br />Attorney Bob, let's assume the vote that occurred on today was valid, even though our argument <br />was to dismiss on June 9th, let's talk the language of the code there was not a majority vote, as <br />that vote was two (2) to one (1) which is not the majority vote as we are talking about two (2) <br />members of a four (4) person committee. <br />Councilman Dieter for Clerk Voorde to read there was no vote taking on the committee meeting <br />you were sitting on, it was evident that council member Oliver and Schey had one opinion and <br />Dr. Ferlic and Dr. Varner had another, there was never a motion in that committee one way or <br />the other. <br />Council President there was a vote, and if it's not reflective in the minutes, than they are <br />inaccurate. <br />Council Attorney the meeting concluded with a summary of Dr. Varner at the very end that there <br />was a continuation. <br />Councilmember Gavin I will state from a personal standpoint it is an important that we take a <br />vote, or if the Council President decides it in his authority to make a decision, he is able to make <br />that decision as President. You mention the letter of the law and regards to commission, he is <br />supposed to be on the committee and having an odd number on the committee and we are not <br />following the letter of the law. <br />Councilmember President Davis if you look at the last three years you've had three, you've had <br />four, therefore, it states three or more, this was sent to the full council back in January, and our <br />advisory and our city council attorney did not correct me in that. I made all the adjustments that <br />everyone has told me to do. <br />Attorney Bob, Council President made my point that in 2012, when Councilman Dieter was <br />President you had a four (4) person committee, Mr. Ferlic you're an attorney so I appreciate your <br />reading in this, I think the intention that you have to fairly reflect the political composition that <br />you would have one member of each party including the President. The President of a body can <br />vote <br />Councilman Ferlic and Attorney Bob went back and forth on the interpretations of the law. <br />17 <br />
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