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SEP-02-1998 12 49 LEgGIE OF MN CITIES P.05'12 • or an abstetttiao because of * p «sosf2l - ; , ,, , a vote of two "Yes" and one 1 $gt18l1�Cilt<lOn front Voting or cannot be counted as an affirm • n with two abstentions an ordinary y would motion be The Cot hoe need t hat ative vote; others have held that It ea pass an attlinarY motion some ca w t tistance e a counal and still others have held that a disqual- ne - a five- member statutory city member who has a personal interest In bication should be treated as in effect a matter before the council q diegttali- creating a temporary vacancy in the a , , . fregtte state that " g a fled from voting an then matter. Lam rnan 1. The latter Wile seems the most old is present, the retuaai to vote v. Coon Creek Watershed District. 27B reasonable; if a person can neither vote to " not defeat action." (See for exam- Minn 1, 153 NW2d 209 (1967). Not nor pa w in the discussions or l the cases cited at 4 Mci only is that person disqualified from other procee that person really McClain ui Corporations, Sec. 13.32.) voting, he slso should not take part in caret function es part of the sacred. -,, , s pot entirely clear, though, whether any way h the proceedings. D ingo But for now the best we can say is that . 'Ake c would *PLY that rule to the Petition of J caason re canny Ditch delft know. r . , . ' ... _„ _ case, where a quonun is pros- No. 24, 234 Minn 296, 48 NW2d 441 to init but because of abstentons the (1951). Most often, a ca member It ^ Cbe of affirmative votes is le th camel that such an interest simply volum- e ;; -4 majority of a quorum; e.g. three tanlY abstSa from voting, ai members of a five- member council are Neither the Minnesota courts nor Summary Fa pri ma. one votes -Yea," and the the Attorney General seem to have The first step on any vote question w; ether two abstain. specifically considered how to count is to determine whether any statute or �k The best advice is to avoid this kind votes m this situation. Wbfle it often charter provision specifies es[efd m co e " .; of problem. Councrlmembers should won't matter, k could be critical for votes are required. remember that if they abstain in this ordinsncee or other actions requiring attention to the particular wording of -. , kind of situating'. their abstention will an affirmative vote by a particular frac- the statutory or charter requttcment. 'N., ultimately have the effect of either don of the entire mend. For example, Lf there is no such requirement, then a defeating or passing the motion; anfor- when a seven -member statutory city simple maimity vote with a quwvm taaately, it is not certain which it is. council is vacating a street without a present is sufficient. Vacancies, But since the counclmember s action petition and one member is personally absences, abstentions, and disquali5ca- r will be have one or the other of t hese interested in the tootles, is the required Lions all present additional cantplka effects, the counclmember can't avoid vote six (four-ftfths of seven), or five dons- In roux instances, the rules are tatting responsibility. Therefor, the (four- fifths of sue? clear, though confusing; in member should decide which he pre- Courts in other states have split. unfortunately. the rules are both con - is fers and vote accordingly. Some have held that a disqualification fusing and unclear. • iv -, ass rot_ T. r id , Amami — III HOLMES & GRAVEN ith . PANNELL KERR FORSTER Chartered lir - Attorneys of Law W ORLd3W1I» Praetidng primarily in the areas of 4 . • Municipal Financing* . • CERTIF D PUBLIC ACCOUNTANTS • Tax Increment Financing • - • wisgagcrer. Analysis • po COPLIANCE en ec CO warts • General Government m • WMLtaagme Tf anneone INOWIC $ • utigadon If • Condemnation 612 - 545 -0421 • Real Mate Development the e 470 Pillsbury Center e t. Minneapolis, MN 55402 or „ Serving Cities for ever 30 Years' (612) 337-9300 • • sussed nn Bond Beteih Directory 23