HomeMy WebLinkAbout07.13.88 Special Council Minutes
MINUTES
COUNCIL MEETING
SPECIAL
JULY 13, 1988
1. Acting Mayor Kelly called the meeting to order at 7:00 P.M.
Members Present: Kelly, Mayer, Sprute, Donaldson.
Members Absent: None.
Also Present: Administrator Thompson, Attorney Grannis.
2. The purpose of the meeting was to reconsider the appointment of Council-
member Kelly as Mayor.
3. Acting Mayor Kelly asked if she could take the Oath of Office at this
time. Attorney Grannis replied that she could. Councilmember Sprute objected
that the Oath of Office was not part of the agenda and wished to proceed with
the reconsideration of the appointment of Councilmember Kelly as Mayor.
Councilmember Sprute stated that he did not feel all of the information had
been presented, and all the facts were not straight when he made the original
motion to appoint Councilmember Kelly and therefore, the motion and vote was
premature. Motion by Sprute, second by Mayer to reconsider the action taken
last meeting regarding the appointment of Councilmember Kelly as Mayor.
4. Acting Mayor Kelly asked if the question to reconsider is legal. Attorney
Grannis stated that he did not believe that the question was legal based on
case law, discussions with the Attorney General's office, and discussions with
other attorneys, which indicated that once an appointing body makes an appoint-
ment, it cannot be rescinded. Councilmember Sprute stated that he did not
agree, and that no specific case law regarding Council appointments were cited,
nor was anything presented in writing. councilmember Sprute added that
several questions remained, and that all facts had not been presented. Council-
member Mayer concurred with Councilmember Sprute.
5. Councilmember Kelly asked why she was so qualified last meeting and not
today. Councilmember Sprute stated that he had received different and con-
flicting information after the vote. Councilmember Donaldson stated that he
had received the same information and had asked questions clarifying the statute
before the meeting. Councilmember Sprute stated that he felt that he had
interpreted the statute correctly before the motion. Acting Mayor Kelly
asked if the questions had been answered. Attorney Grannis stated that he
felt they had. The council seat becomes vacant when the incumbent qualifies
for Mayor by taking the Oath and the Attorney General had answered the question
regarding Councilmember Kelly's right to vote on her replacement. Councilmember
Kelly asked if she could vote on the motion on the floor. Attorney Grannis
stated that she could vote on the motion, or take the Oath of Office before
the vote. A debate ensued regarding the actual wording of the motion on the
floor. The motion was clarified to state that it was to reappoint a Mayor.
Attorney Grannis stated that the motion was illegal.
6. Acting Mayor Kelly ruled that the motion was illegal based on the oplnlon
of the City Attorney. Administrator Thompson clarifed that Councilmember Kelly
could take the Oath of Office at any time before anyone qualified to administer
an oath, and that it did not have to be at a Council meeting.
7. Motion by Kelly, second by Sprute to adjourn at 7:25 P.M. APIF,
motion carried.
Respectfully submitted,
L~:rr-
City Administrator
Approved
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