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  • 1.  Mayoral voting

    Posted 7 hours ago
    One of my clients, a City of the Second Class, has an issue that needs action taken, but there is a question about the voting process.
            The matter for action has resulted in a Conflict of Interest for one of our 4 City Council members, and , as a result, that member will be required to abstain.  Another member of the Council has already indicated, in previous discussions, that he will vote no on the issue.  The other 2 members are prepared to vote yes.  The voting will be held at a meeting at which all 4 members will be present, along with the Mayor.  As I understand it, the Mayor may vote on the issue, given the status, if he decides to vote with the 2 members who are voting in favor, and , if so, then the Motion would pass.
          Is that the undestanding of all of you "experts" out there, on this issue?
    Thanks.
    Tad Eickman

    Eickman Law Office
    115 W Third Street
    PO Box 1106
    Wilber, NE 68465
    402.821.2284 (Office)
    402.821.7217 (Cell)
    402.821.2845 (Fax)


  • 2.  RE: Mayoral voting

    Posted 7 hours ago

    The Mayor can vote.  See Section 17-614 which in part states:

     

             The mayor of a city of the second class may vote on any such matter if (i) the mayor's vote is required due to the city council members being equally divided or (ii) a majority vote of all the elected members of the city council cannot be reached due to absence, vacancy, or abstention of one or more city council members. For purposes of such vote, the mayor is deemed to be a member of the city council.

     

     

    Jim Truell


    Virus-free.www.avg.com



    Original Message


  • 3.  RE: Mayoral voting

    Posted 7 hours ago

    All,

    I chatted with Tad and clarified that the council isn't voting on an ordinance (which is covered by 17-614), but a simple motion (which means 17-110 is the most applicable). A few ideas on that: (1) since it is a simple motion, it is likely that only a majority of quorum is required to pass the simple motion, rather than a majority of all the members; and (2) in this scenario, the language of 17-110 probably supports the mayor's ability to vote. For comparison, if the council member who was abstaining instead was a "no vote" the mayor would be able to vote to break the tie, so it does not make much sense for the mayor not to vote in the 2-1-1 scenario.

    This isn't the first time we've encountered questions regarding the language which was revised in 2023 - I was involved in those revisions and while I think it's improved from the pre-2023 language, it's still less clear than I'd like it to be.



    ------------------------------
    John Hines
    Crary Huff Law Firm
    Sioux City IA
    [Phone] jhines@craryhuff.com
    ------------------------------

    Original Message


  • 4.  RE: Mayoral voting

    Posted 6 hours ago

    Given that clarification, I think that a simple 2-1 vote , with one abstention is sufficient.  The mayor isn't required to vote at all.

     

    Sincerely,

     

    Drew A. Graham

    Attorney

     

    Phone 402.694.5504 | Fax 402.362.5507

    Email dgraham@svehlalaw.net | Web www.svehlalawoffices.com

     

    Aurora 1223 M Street, Aurora, Nebraska 68818

    York 408 N Platte Avenue, Suite A, York, Nebraska 68467

     

    NOTICE:  The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above.  This message may be an attorney-client communication and as such is privileged and confidential.  If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, this serves as notice to you that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited.  If you have received this communication in error, please delete the original and notify me immediately via e-mail at dgraham@svehlalaw.net or by telephone at (402) 362-5506.  Thank you.

     




    Original Message


  • 5.  RE: Mayoral voting

    Posted 6 hours ago
    OK.  Given Drew's response, I am going to advise the Council and Mayor, that the Motion can pass on a 2 yes- 1 no-and 1 abstain, and that the Mayor does not need to vote for the Motion to pass.
    Thanks for your help, everyone.

    Eickman Law Office
    115 W Third Street
    PO Box 1106
    Wilber, NE 68465
    402.821.2284 (Office)
    402.821.7217 (Cell)
    402.821.2845 (Fax)



    Original Message


  • 6.  RE: Mayoral voting

    Posted 7 hours ago
    The vote is not on an Ordinance or resolution. It will be on a "Simple" motion.
    Our City Code reads as follows:  "The Mayor may vote on any matter that requires either a majority vote of the City Council or a majority vote of all the elected members of the City Council members or majority vote of (sic) all the elected members cannot be reached due to absence, vacancy or abstention of one or more City Council members.  For purposes of such vote, the Mayor is deemed to be a member of the City Council".
    Does that change anyone's thinking? 
    Thanks. 


    Eickman Law Office
    115 W Third Street
    PO Box 1106
    Wilber, NE 68465
    402.821.2284 (Office)
    402.821.7217 (Cell)
    402.821.2845 (Fax)



    Original Message