City Attorney Tim Weaver responded at Monday’s council meeting to the recent vote by the Historic District Commission to consider a passing vote to be a majority of the votes cast. This was contrary to what commissions had considered the standard.
HDC Chair Virgil Fowler told council he had taken his guidance from what he had been given from the policies of the Planning and Parks Commissions and what he understood from Robert’s Rules Order.
Weaver replied council was required by state statute to accept for passing a vote a majority of the whole number of seats on council. There are seven seats, so four is required to pass any motion.
However, Weaver pointed out this statute was specific to city councils. He had found nothing regarding commissions, but has been told repeatedly over the years by Municipal League attorneys the safe thing to do would be again to accept a majority of the whole no matter how many are on the commission. Also the chair of a commission has a vote like other members, and can vote either Yes or No. The mayor, however, can vote only in the positive on a council matter.
Weaver reiterated he had heard this from the Municipal League more than once, and offered to write an ordinance to clarify for future commissions. Council voted unanimously to authorize him to do so.