HomeMy WebLinkAboutRes 00-117, Abstention when not required by conflict of interest (Repealed by 22-78) /~ i~l~ I 03-21-00
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Prepared by: Eleanor M. Dilkes, City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-117
RESOLUTION ADOPTING A STANDING RULE REGARDING THE EFFECT OF
A COUNCIL MEMBER'S ABSTENTION WHEN NOT REQUIRED BY A
CONFLICT 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 stated conflict of interest 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 IOWA CITY,
IOWA, THAT:
1. The City Council of the City of Iowa City hereby adopts 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 purposes 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.
Passed and approved this 21st day of March ,20 00
YOR
CI City Attorney's Office
Eleano~es~abstent. doc
Resolution No. 00 - 117
Page 2
It was moved by Champion and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSEN~
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum