Fort Walton Beach Council minutes — 07-24-1990 Regular — reading text

4 no votes. Mr. deVaux stated, for the record, he did not believe Council can predetermine his vote. The Mayor continued calling for the voting for Round 4: Barbara Nix received 1 yes vote and 3 no votes. with deVaux voting yes, and Smith, Wyatt, and Wyninegar voting no ( Rosenbaum and Maney absent). The City Attorney said if the Mayor notes an impropriety, he does not have to wait until there is a of order. the I point Mayor may announce an impropriety and disqualify the vote. The Mayor said Mr. deVaux' s yes vote is improper and is disqualified, and announced Barbara Nix received 4 no votes. The Mayor continued calling for the voting for Round 4: 118 7/ 24/ 90 COUNCIL VACANCY ( CONT.) James Hughes received 1 yes vote and 3 no votes, with deVaux voting yes. stating for the record. he is compelled to vote, and Smith, Wyatt. and Wyninegar voting no ( Rosenbaum and Maney absent). The Mayor said Mr. deVaux' s yes vote is improper and is disqualified, and announced James Hughes received 4 no votes. The Mayor continued calling for the voting for Round 4: James Kitchens received 1 yes vote and 3 no votes. with deVaux voting yes, and Smith. Wyatt. and Wyninegar voting no ( Rosenbaum and Maney absent). The Mayor said Mr. deVaux' s yes vote is improper and is disqualified, and announced Jim Kitchens received 4 no votes. Mr. deVaux left the meeting at 9: 50 p. m. The City Attorney suggested that a quorum has been lost and Council may consider exercising the authority of the Council under the Charter to compel the attendance of members. He then read. for the record. Section 8 of the Charter, which states, A majority of the members elected to the Council shall constitute a quorum to do business, but a lesser number may adjourn from time to time to compel the attendance of absent members, in such manner and under penalties as may be prescribed by such ordinance. The City Attorney said there is no ordinance. but under general law Council may compel their attendance; there is no penalty provision. The City Attorney suggested Council delegate the responsibility of returning the absent Council members to the Chamber to the City Manager. Mr. Smith moved to instruct the City Manager to seek to return Mr. Rosenbaum.. Mr. deVaux and Mr. Maney to the Chambers. Motion was seconded by Mrs. Wyninegar. and carried unanimously with Smith. Wyatt and Wyninegar in favor ( Rosenbaum.. deVaux. and Maney absent) Mr. Smith moved adjourn until 11: 00 p. m. to Motion was seconded by Mrs. Wyninegar and carried unanimously with Smith. Wyatt and Wyninegar in favor. ( Rosenbaum.. deVaux and Maney absent) ADJOURN The meeting was adjourned at 9: 55 p. m. and will reconvene at 11: 00 p. m. RECONVENE The meeting reconvened at 11: 01 p. m.  7/ 24/ 90 119 The reported, in accordance with COUNCIL VACANCY ( CONT.) City Manager instruction. he contacted Councilman Maney who advised him he would be here; Councilman Rosenbaum is not available. and his wife said if he came in prior to 11: 00 p. m. she would have him contact the City Manager; and Councilman deVaux, the same situation, he is not at home. and his wife said if he came in before 11: 00 p. m., she would have him contact the City Manager. He said. I as far for him to In response other action as compelling. do. he question on whether there is any to the other than to adjourn, the City Attorney thought that was appropriate said he did not think Council had to adjourn, they could stay in session. He said Council can adjourn until another set time, and renew the effort to initiate re- contact. He noted the Charter says Council will select to fill the vacancy, and he did not recommend Council go out of session. In response to the question on other options available, the City Attorney stated he thinks there is some recourse available through general law; the Charter says the sanctions would be those as are prescribed by Ordinance, and that has never been done. He recommended Council adj ourn until another set time. re- initiate contact and try to recruit their presence. Mr. Smith moved to adjourn until 11: 15 p. m. and to instruct the City Manager to re- initiate contact with the absent Council members. Motion was seconded by Mrs. Wyninegar. Mr. Wyatt wanted to know the recourses available to the Council. The Attorney City stated there were no sanctions established by law or ordinance; there is a question of whether or not it constitutes one of the qualifications for recall, and there is the ethical considerations. He would say Council has exhausted their effort tonight, and Council can always take an action that would run the risk of being challenged. He said if Council' s efforts tonight cannot compel attendance, he would be inclined to suggest Council put the burden disprove. on He could not say he them to would be successful in judicially defending that,