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