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1999-01-13
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SEP-02-1998 12 49 LEgGIE OF MN CITIES P.05'12 <br /> • or an abstetttiao because of * p «sosf2l <br /> - ; , ,, , a vote of two "Yes" and one 1 $gt18l1�Cilt<lOn front Voting or <br /> cannot be counted as an affirm <br /> • n with two abstentions an ordinary y would <br /> 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- <br /> ne - a five- member statutory city member who has a personal interest In bication should be treated as in effect <br /> a matter before the council q diegttali- creating a temporary vacancy in the <br /> a , , . fregtte state that " g a fled from voting an then matter. Lam rnan 1. The latter Wile seems the most <br /> 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 <br /> l <br /> the cases cited at 4 Mci only is that person disqualified from other procee that person really <br /> McClain ui <br /> Corporations, Sec. 13.32.) voting, he slso should not take part in caret function es part of the sacred. <br /> -,, , s pot entirely clear, though, whether any way h the proceedings. D ingo But for now the best we can say is that <br /> . <br /> 'Ake c would *PLY that rule to the Petition of J caason re canny Ditch delft know. <br /> r . , . ' ... _„ _ case, where a quonun is pros- No. 24, 234 Minn 296, 48 NW2d 441 <br /> to init but because of abstentons the (1951). Most often, a ca member <br /> It ^ Cbe of affirmative votes is le th camel that such an interest simply volum- <br /> e ;; -4 majority of a quorum; e.g. three tanlY abstSa from voting, <br /> ai members of a five- member council are Neither the Minnesota courts nor Summary <br /> Fa pri ma. one votes -Yea," and the the Attorney General seem to have The first step on any vote question <br /> w; ether two abstain. specifically considered how to count is to determine whether any statute or <br /> �k The best advice is to avoid this kind votes m this situation. Wbfle it often charter provision specifies es[efd m co <br /> e " .; of problem. Councrlmembers should won't matter, k could be critical for votes are required. <br /> remember that if they abstain in this ordinsncee or other actions requiring attention to the particular wording of <br /> -. , kind of situating'. their abstention will an affirmative vote by a particular frac- the statutory or charter requttcment. <br /> 'N., ultimately have the effect of either don of the entire mend. For example, Lf there is no such requirement, then a <br /> defeating or passing the motion; anfor- when a seven -member statutory city simple maimity vote with a quwvm <br /> taaately, it is not certain which it is. council is vacating a street without a present is sufficient. Vacancies, <br /> But since the counclmember s action petition and one member is personally absences, abstentions, and disquali5ca- <br /> r will be have one or the other of t hese interested in the tootles, is the required Lions all present additional cantplka <br /> effects, the counclmember can't avoid vote six (four-ftfths of seven), or five dons- In roux instances, the rules are <br /> tatting responsibility. Therefor, the (four- fifths of sue? clear, though confusing; in <br /> member should decide which he pre- Courts in other states have split. unfortunately. the rules are both con - <br /> is fers and vote accordingly. Some have held that a disqualification fusing and unclear. • <br /> iv -, <br /> ass <br /> rot_ <br /> T. <br /> r <br /> id , Amami <br /> — <br /> III HOLMES & GRAVEN <br /> ith . PANNELL KERR FORSTER Chartered <br /> lir - Attorneys of Law <br /> W ORLd3W1I» Praetidng primarily in the areas of <br /> 4 . • Municipal Financing* . • CERTIF D PUBLIC ACCOUNTANTS • Tax Increment Financing <br /> • - • wisgagcrer. Analysis <br /> • po COPLIANCE en ec CO warts • General Government <br /> m • WMLtaagme Tf anneone INOWIC $ • utigadon <br /> If • Condemnation <br /> 612 - 545 -0421 • Real Mate Development <br /> the <br /> e 470 Pillsbury Center <br /> e t. Minneapolis, MN 55402 <br /> or „ Serving Cities for ever 30 Years' <br /> (612) 337-9300 <br /> • <br /> • sussed nn Bond Beteih Directory <br /> 23 <br />
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