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HomeMy WebLinkAbout1980-05-28 185 AH ORDER185 AH Introduced by Councilor ealdacci, May 28, 1980 CITY OF BANGOR (TITLE.) Mrb=------- __ APPPiggeent of Crew „q¢._cn e1 .� Roo a ... By the Oft Cuw*of< of ogty:ofBaayor: ORDERED, THAT the city council pr0eeed to tha appointment of a member of the Planning Board to complete the unexpired term of WWard G. emette. Mote: 'Mis term will expire January 1983. In City Council May 28,1980 185 _ Consider next meeting y OAD ER _ 1ty C er itlea Appointment of a Member oY the Planning IN CITY COUNCIL ............... ........ ................ dane9, 1980 20ari Cons ex next meeting. ....................................•• s Introne a and a led by CITY c6ma in City Council Sane 23 iq I .. Kd.........' 2 Nominees Peter Dnumey, ThomaaDavie Sr. Cowcilman Vote by 8non of hates for appointment Vote 3 for Peter OOWney i tllg' fire-lfeter - -Dorney Councilors Mc %ernen,Wcoa, Zendzian % -'etes for Thomas Davis Jr. Councilors voting for Thomse Davie Jr. Brrnntae.8ouey,Weymouth, Portm,Baldzoci Caee Absent ,_Councilor Thomas Davis Jr. Appointed City Clerk t80 MAY n H9 A5 RECF Ib- C CITITYPCLENNP. I MEMORANDUM June 23, 1980 TO: Bangor City Council IBM: Robert E. Miller, City Solicitor RB: Secret Balloting for Membership on City Boards and Commissions - Several weeks ago Councilor Zendzian asked me to give some thought to the question of whether the Council may elect by'secret ballot persons nominated to serve on City boards and commissions. As the members of the Council a the customary mapractice has been for "arrow v to be taken duringthees informalmeeting prior to the regular meeting. At that time, it isusually determined that one nominee will receive support from a majority of [ the Council. The proceedings during the informal session a not "final actions" by the Council on the atter. Therefor the Council action i not officially sumated until the matter is considered during the formal meeting. The normal practice is for a Council Order providing for the filling of thev d ncy to be adopted. Then ember of the Council will normally and annominate the per who received the indication of majority support t the informal s Inmost c motion is made and seconded to close nominations and to have the Clerk case one ballotfor the nominee. - Ona couple of occasions at the regular meeting a ember of the Council has nominated a person other than the person previously receiving majority support. In such cases there hes been a practice for the Council to take ast ballot v the floor of the Council after passage of the Order. Itissecret balloting that Councilor Zendsian feels needs some clarification. As the Council is aware by virtue of previous Memoranda from this office the Council, by terms of its Charter, may only act by ordinance, order or resolve. 1 M.R.S.A. H 401 at seq, the so-called "Right to Know Law" requires that all proceedings of public bodies such as the City Council " . be open to the public, any person shall be permitted t end any public proceedings and any record o notes of such proceedings that i" ' required.by 1ashall be made promptly and shall be open to public inspection.'1 M,R,S.A. 4403. Furthermore, the declared policy of the act states that: "The Legislature finds and declares that public proceedings exist t aid in the conduct of the people's business. It is the intent of the Legislature that their actions be taken openly and that the records of their actions be open to public inspection and their deliberations be conducted openly. It is further the intent of the Legislature that clandestine meetings, conferences or meetings held on private property without proper notice and ample opportunity for attendance - by the public not be used to defeat the purposes ofthis subchapter. This subcbapteT shall be liberally con- strued stroed and applied to promote its underlying purposes and policies as contained in the declaration of legislative intent." 1 M.R.S.A. 9 401. - You will note that neither of the above -quoted sections, nor the provisions relating to seecoLive sessions (1 M.R.S.A. 5 405) deal with the question of voting by secret ballot. Rules of procedure forcil m are a found -fn Chapter 1, Article 3 of the City's Ordinances. Therae s i specific provision in this Article c relating to secret ballots. Section14 of Article 3 makes reference to Robert's Rules of Order as the authority for determining the course of the proceedings when not otherwise dealt with in the Ordinances. oa pages 344-360 of Robert's Rules of Order, Rawly Revised (1970), published by Scott Foresman 6 -Company. -0 e finds the standards for voting. on pages 347-346, Roberts states that the secret ballot is among those methods permitted " when expressly ordered by the assembly or prescribed by its rules." Roberts goes on to provide; 'Noting by ballot (slips of paper on chick the voter marks his vote) is used when secrecy of the members' s desired. Except as may be otherwise provided by the bylaws, a vote by ballot can be ordered (without debate) by a majority v -- which may be desirable in any case where it is believed that members may thereby be more likely to vote their true sentiments." With these standards in mind, it appears t e that If there a e or more occultations from the floor, and if the Council wishes to vote by sret ballot, the Council should first by majority vote to conduct the election by secret vote. Assuming the motion carries, the next step would be for the Council to proceed with the balloting. R.E.M. cc. City Mavger City Clerk