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