06-23-14 Common Council Meeting Minutes

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