1995 JT MIN JUL 10 - Laserfiche WebLink

Browse Search

Councilmember Sandoval requested that City Attorney Biggs explain the rule on abstaining from voting. City Attorney Biggs stated there are times when the Conflict of Interest Code requires abstention; however, the City's rules do address Failure to Vote. She read Section G-3, Failure to Vote, of the City's Council Meetings Manual of Procedure, as follows: Every member should vote unless disqualified for cause accepted by vote of the Council or by opinion of the City Attorney. Self -disqualification, without approval, which results in a tie vote shall be avoided as thwarting Council action, but no Councilmember shall be forced to vote. A Councilmember who abstains shall in effect consent that a majority of the quorum may act for him. Tie votes shall be lost motions and may be reconsidered. City Attorney Biggs said in addition, the Manual addresses Conflict of Interest. City Attorney Biggs stated the rule is somewhat ambiguous, but that it does state that every member should vote unless there is a reason that they wish to submit to the Council or if there is a legal opinion. Councilmember Bennett said she seemed to remember that the abstention also applied if one felt there was not enough information. City Attorney Biggs stated it is not listed as a reason. Councilmember Sandoval stated that whenever there is a subject matter where money is involved, as in this case with the issuance of bonds in the amount of $15.5 million, that there isn't a reason that might cause a conflict of interest to stop the process. Mayor Fulp said he was operating under the Robert's Rules of abstaining. He said under those rules, when the person is unsure about the information provided and/or feels that they lack information and wants to seek additional information, that is sufficient reason for abstaining. Mayor Fulp said since he is conflict with the City's local rules he would like to change his vote to "no". Mayor Fulp said in regards to his reasons for abstaining, during the CPFA Meeting he asked a series of questions relating to level playing field for the bond underwriters wishing to participate. Mayor Fulp said he had to weigh the answers from staff against the information provided to him from two firms who were interested in bidding on this issue and there is a conflict in the information. City Attorney Biggs said for the record, the City's Rules are controlling and that Robert's Rules are there to assist but have no bearing. UTILITIES COMMISSION ROLL CALL: Members present were Vice Chairperson Jackson, Commissioners Cordova, Hines, Warsh and Hayden. Absent were Chairperson Butler and Commissioner Martinez. 3 JUL 1 G 1995