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Counting the Votes on Council Actions (Part u)
<br />s described in the May "Did You
<br />Know?" column, keeping track
<br />of how many votes are required
<br />for various kinds of actions can
<br />be confusing enough. But what
<br />if there is a vacancy, an absent
<br />councilmember, an abstention,
<br />or a councilmember is disquali-
<br />fied due to a conflict of interest?
<br />Remember, when counting votes
<br />one must carefully review the exact
<br />wording of the statute. Some statutes
<br />require a proportion of the council-
<br />rriembers who are present at a meeting,
<br />like two-thirds or four -fifths. Other
<br />statutes require a specific number of
<br />votes as opposed to those who are pres-
<br />ent. One must also consider a city's
<br />form of government. For example,
<br />charter cities may have different quorum
<br />requirements than statutory cities.
<br />Vacancies. According to the Minne-
<br />sota attorney general, a vacancy tem-
<br />porarily reduces the size of the council.
<br />For example, it takes a two-thirds vote
<br />of all members of the council to change a
<br />zoning classification from residential to
<br />either commercial or industrial. With a
<br />five -member council, this means four
<br />votes (2/3 X 5 = 3.3 rounded up to
<br />four votes). If there is a vacancy, how-
<br />ever, there are only four members; the
<br />required vote is two-thirds of four, or
<br />three votes. In most cases, charter cities
<br />also follow this general rule.
<br />Vacancies and quorum. In statutory
<br />cities (and frequently in charter cities)
<br />a quorum is a majority of all the mem-
<br />bers of the council. On a five -member
<br />statutory city council, a quorum is three
<br />members. With one vacancy, a quorum
<br />is still three (a majority of four members
<br />is three). In the unlikely event that
<br />there are two vacancies, the number
<br />needed for a quorum drops to two.
<br />However, in some charter cities, if the
<br />charter sets a specific number of mem-
<br />bers necessary for a quorum, a vacancy
<br />may not change that requirement.
<br />By Jeanette Behr
<br />Absences. Unlike a vacancy in the
<br />council, the absence of a councilmember
<br />from a meeting does not affect the
<br />number of votes needed. For example,
<br />state law requires two-thirds of all
<br />councilmembers to pass a resolution
<br />adopting or amending a comprehensive
<br />plan —in a statutory city with a five -
<br />member council that is four votes. If
<br />one member is absent and only four
<br />are present, it still takes four affirmative
<br />votes to adopt or amend a comprehen-
<br />sive plan.
<br />Absences may, however, affect the
<br />number of votes required, where the
<br />statutes or charter do not require a
<br />particular number or portion of votes.
<br />The general rule is that if a quorum is
<br />present, and no law requires otherwise,
<br />a majority of the quorum can pass any
<br />action. For example, consider a statu-
<br />tory city with a five -member council
<br />and no vacancies. If two members are
<br />absent from a meeting, the remaining
<br />three constitute a quorum.Two "yes"
<br />votes are sufficient to pass an ordinary
<br />motion. By contrast, if all five mem-
<br />bers are present, it would take at least
<br />three affirmative votes to pass that same
<br />motion.
<br />Abstentions. Sometimes a council -
<br />member will choose not to vote, or
<br />abstain, on a matter before the council.
<br />(Abstaining because of a personal inter-
<br />est in an issue will be discussed subse-
<br />quently.) An abstention does not reduce
<br />the number of votes needed if the stat-
<br />utes require the affirmative votes of a
<br />specific number or proportion of the
<br />council.
<br />By way of illustration, in a statutory
<br />city with a five -member council, the
<br />law requires a majority vote of all members
<br />of the council to pass an ordinance, which
<br />is three votes; two "yes" votes and three
<br />abstentions are not enough because that
<br />is not a majority of all members of the
<br />five -member council.
<br />However, if the law requires only a
<br />simple majority vote, a motion is passed
<br />if a majority of those voting on it vote
<br />in favor. For example, two "yes" votes
<br />and one "no" vote plus two abstentions
<br />would be enough to pass an ordinary
<br />motion or resolution before a five -
<br />member statutory city council.
<br />Disqualification from voting. Under
<br />certain circumstances, a councilmember
<br />who has a personal interest in a matter
<br />before the council is disqualified from
<br />voting on that matter and probably
<br />should not take part in any way in the
<br />proceedings. According to the Minne-
<br />sota attorney general, when a council -
<br />member is disqualified from voting
<br />due to a personal interest in the matter,
<br />the effect is the same as if there were a
<br />vacancy on the council.The rationale
<br />for this general rule is that if a person
<br />can neither vote nor participate in the
<br />discussions or other proceedings, then
<br />that person really cannot function as
<br />part of the council for that particular
<br />issue.
<br />Vacancies, absences, abstentions, and
<br />disqualifications present complications
<br />when counting votes on city council
<br />actions. Cities should consult their city
<br />attorney for legal advice on specific
<br />questions related to counting votes on
<br />council actions. r
<br />Jeanette Behr is staff attorney with the
<br />League of Minnesota Cities. Phone: (651)
<br />281-1200. E-mail:jbehr@lmnc.org. This
<br />article originally appeared in the February
<br />1990 issue of Minnesota Cities magazine.
<br />DUNE -DULY 2006 MINNESOTA CITIES 19
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