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HomeMy Public PortalAboutResolutions-2013-021RESOLUTION NO. 2013-021 A RESOLUTION ADOPTING A STANDING RULE REGARDING THE EFFECT OF A COUNCIL MEMBER'S ABSTENTION WHEN NOT REQUIRED BY A COUNFLICT OF INTEREST Whereas, PURSUANT TO Section 380.4 of the State Code, in the absence of a conflict of interest a Council member who abstains is included for purposes of determining whether a measure has passed, and; Whereas, legal significance or effect must be given to a Council Member's abstention when the abstention is not required by a conflict of interest in order to prevent frustration or abuse of the legislative process, and; Whereas, in order to assure that a Council Member must vote "no" in order to defeat a measure and may not do so by inaction, the City Council desires to adopt a standing rule that abstentions not due to a stand conflict shall be deemed to be a vote with the majority or, in cases of a tie vote, a vote in the affirmative. Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa to hereby adopt a standing rule that an abstention for reasons other than a conflict of interest shall be deemed a vote with the majority or, in cases of a tie vote, a vote in the affirmative. For the purpose of this rule, the statement of a Council Member that the Council Member declines to vote by reason of a conflict of interest is conclusive. On the 13th day of February, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Resolution No. 2013-021, A RESOLUTION ADOPTING A STANDING RULE REGARDING THE EFFECT OF A COUNCIL MEMBER'S ABSTENTION WHEN NOT REQUIRED BY A CONFLICT OF INTEREST and made a motion for approval. Motion seconded by Councilperson Bartels. Ayes: Kahler, Upton, Phillips, Bartels Nays: None Absent: Ryan Whereupon four Council members were present and voted approval and Mayor Berner declared that the Resolution No. 2013-021, A RESOLUTION ADOPTING A STANDING RULE REGARDING THE EFFECT OF A COUNCIL MEMBER'S ABSTENTION WHEN NOT REQUIRED BY A CONFLICT OF INTEREST to be adopted and signified his approval of the same by affixing his signature thereto. Passed by the City Council on the 13TH day of February, 2013. Steven L. Berner, Mayor ATTEST: Micho Jackson, City Administrator/Clerk