Fort Walton Beach Council minutes — 07-14-1981 Regular — reading text

time that we have not as a whole Council had an opportunity to review the applications set forth in front of us. If any of these attorney' s are present tonight I would like to call upon them and ask them to come up and let us get a feel for what they, their intent is, whether they would accept it on an I interim basis. Mayor asked if Mr. Baughman said it has he been seconded seconded. the motion. I Mayor asked to have original motion restated. Mr. Franklin asked for unanimous consent to introduce at this time, to consider an appointment of an 232 7/ 14/ 81 interim City Attorney. I move to suspend the rules that interfere with this introduction. Motion was seconded by Mr. Baughman. Mayor asked for discussion. Mr. Miller said he would vote against the motion. I don' t believe that we' re going to find the quality applicant that has had the exposure that we re- quire on an interim basis and for that purpose I 1 would think that our best direction should be to go to the selection of a permanent attorney and if that can' t be done then we call an immediate special meeting for the purpose of addressing that and give notice to individuals that we may desire to be considered for the position. Mayor asked if there was any more discussion. Mr. Franklin said that Mr. Miller had called him the other night and had expressed his desire to appoint an attorney at this meeting or some other meeting. I have in front of me a resume from that attorney. Do you, at this time, Mr. Miller, feel this individual could not meet these qualifications after your lengthy discussion with me on the telephone. Mr. Miller felt that as it was contained in that letter we are left with negotiating him or any other attorney, regarding an arrangement, and I know we have no authority to pass ground rules regarding that. Mr. Franklin asked how else are we going to bring it forward if don' t do it we in front of the people and do it tonight, sir. Mr. Franklin called for a motion. Mayor said all those in favor of suspending rules that are necessary to the naming of a City Attorney, tonight, please vote aye. Mr. Baughman, yes; Mr. Grant, yes; Mrs. Thornber, yes; Mr. Bishop, no; Mr. Sundy, no; Mr. Miller, no; Mr. Franklin, yes. Mr. Miller had a point of order. He believes the vote was Mayor agreed. on the question of suspending the rules J  7/ 14/ 81 233 Mr. Miller did not believe that it was a majority vote. Mr. Franklin said that two thirds was all you need, and if you look on page 308 in your Robert' s Rules of Order, it is contained there, sir. Mr. Miller said that have members and four 1 we seven sevenths is not two thirds. Mr. Franklin said four- sevenths? He said that four- sevenths is 3. 5, Mr. Miller, if you will figure up your fractions. Mr. Franklin moved that if there were any of these attorneys in the room tonight, come forward and let the Council interview them in plain, open, in plain view, in sunshine, and let' s appoint one. Mr. Baughman seconded the motion. Mayor asked if there was any discussion? If not, I would call... Mr. Miller had a point of order, Madame Mayor. Four sevenths is not two thirds. Four sixths equals two thirds. Is there a math teacher in the audience? Or anybody else who can count? Mayor said we discussing suspending any rules are that would prohibit interviewing candidates for City Attorney, at this time. A Councilman said, that it only takes four votes to pass. Mr. Miller said that we were subject to Robert ':s Rules of Order. Mayor said we were subject to Robert' s Rules when not spelled out in our code. Mr. Franklin said, Madame Mayor, to dispense with any dickering in the Council, I would like to negotiate this a bit. If Mr. Miller feels comfortable, him being an attorney, sitting up here at this table, going through some legal resolutions I without representation, to enough seek about then I don' t know whether he is a professional attorney or not. legal advice. this, Because I Have always been advised, when doing anything legal, to at Now if this he feels strongly time, not consider an attorney to represent us as we go through these legal resolutions and ordinances, I will withdraw my motion. And at this time, I address Mr. Miller. Mr. Miller said he presumed he had the chair. Mayor ' agreed. 234 7/ 14/ 81 Mr. Miller said he, ( inaudible) . Mayor said, perhaps Mr. Miller, not being named in any of these law suits, does not feel the urgency... I do not want to clear the Council Room, but, we feel the necessity for having legal advice, and I think the City has to provide legal advice for us. Mr. Franklin asked the Mayor to rule. Mayor said, I will rule that we will accept four votes as the majority asking to appoint legal, much needed legal advice for the City tonight. Mr. Franklin said, thank you Madame Chairman. Mr. Miller had a point of order. My recollection of question before the body was whether or the not the rules could be suspended to allow the introduction of a city attorney. Mayor said she would move that the rules be suspended to allow introduction of the interviewing of a the much- needed attorney for City Council. I' m sorry if I misstated what I meant, I suspect many of you would misstate some of the things you were saying if you were sitting here tonight. I would like to restate that we will entertain a candidate for the office of Attorney for the City of Fort Walton Beach, with your permission. Is Mr. Lorenz present? Mr. Franklin said, Madame Mayor, could I speak first on this motion? Mr. Lorenz, at this time would you have any qualms at being interviewed in front of masses of people? If not, sir, we can table this, and call a special meeting, since all the members of the press are here, I think we can notify them 24 hours in advance; that' s tomorrow afternoon. With the consent of my fellow Councilmen? Mr. Lorenz said they had his consent. Mayor asked all Council members