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(A) Voting shall be conducted by the use of the voting light system installed in the council chambers. A red light designates a "no or negative" vote, a green light designates a "yes or affirmative" vote, and a white light designates a vote to "abstain".
(B) The Council may at any time, or from time to time, dispense with use of the voting light system by voice vote of the majority. In such an event, voting shall be conducted by voice vote until such time as a determination is made to again use the voting light system or some other system.
(C) When the Council is voting the voice vote, a negative vote shall be registered by the oral statement of "no" by the council member voting. Affirmative vote shall be registered by the oral statement of "yes" or "aye" by the council member voting.
(Ord. 1205, passed 11-6-96)
If a council member has reason to believe he/she has a conflict of interest with respect to a governmental decision he/she may give the full facts of the matter to the City Attorney and request advice thereon. The request for advice should be submitted to the City Attorney sufficiently in advance of the meeting to allow the City Attorney a reasonable opportunity to analyze the facts stated and the applicable law and to seek appropriate assistance from the Fair Political Practices Commission. Any response by the City Attorney shall be in writing, if time permits, and delivered to each council member before the meeting in question. Oral responses shall be stated on the public record. If a determination whether it is reasonably foreseeable that a financial interest would be affected by a governmental decision depends on the advice of an appraiser or similar professional, except an attorney, the City Attorney may retain such professional at city expense. Nothing in this section shall be deemed to preclude the member or the City Attorney from seeking assistance or advice on a conflict of interest matter from the Fair Political Practices Commission.
(Ord. 1205, passed 11-6-96)
(A) Tie votes or a vote lacking the required number of affirmative votes shall constitute "no action," and the matter voted upon remains before the Council and is subject to further Council consideration. If the City Council is unable to take action on a matter before it because of a tie vote or the lack of the required number of votes, the City Clerk/Deputy City Clerk shall place the item on the next regular meeting of the City Council for further consideration. If after subsequent consideration, the vote remains tied or the requisite number of affirmative votes is not obtained, the vote shall be deemed to result in a failure of the pending motion or a denial of the requested action.
(B) Subsection (A) shall not apply to votes in which all members of the City Council participate, unless a member abstains for reasons other than a conflict of interest, or to votes on matters from which a council member is disqualified from participation by operation of state law, in which event a tie vote or vote lacking the requisite number of affirmative votes shall be deemed to result in a failure of the pending motion or a denial of the requested action.
(Ord. 1205, passed 11-6-96)
A council member may change his/her vote only if a timely request to do so is made immediately following the announcement of the vote by the City Clerk/Deputy City Clerk and prior to the time the next item in the order of business is taken up. A council member who publicly announces that he or she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw the abstention.
(Ord. 1205, passed 11-6-96)
(A) A motion to reconsider any action taken by the Council may be made only at the meeting such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion may be made only by one of the council members who voted with prevailing side. Nothing in this section shall be construed to prevent any council member from making or remaking the same or any other motion at a subsequent meeting of the Council.
(B) A motion to rescind, repeal, cancel or otherwise nullify prior council action shall be in order at any subsequent meeting of the Council and may be made by any council member. The effect of such action shall operate prospectively and not retroactively and shall not operate to adversely affect rights which may have been vested in interim without notice and an opportunity to be heard having been given to the affected party or parties.
(Ord. 1205, passed 11-6-96)
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