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Presentation - #26
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03/01/2022 Regular
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Presentation - #26
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3/9/2022 9:06:40 AM
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City Clerk
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3/1/2022
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Voting, Recusal, and Abstentions <br />City Manager’s Office <br />March 1, 2022 <br />Slide 6 <br />•Requires declaration of the result of votes taken. <br />•References, per the City Charter, that any agenda item requiring a vote shall be passed, adopted, or become <br />effective unless it receives the affirmative vote of a majority of the full membership of the City Council. <br />•Provides that no member of the City Council shall be permitted to recuse themselves from voting on an item on the City Council meeting agenda unless: <br />–(1) the councilmember is legally disqualified from voting due to a conflict of interest or other legal reason (such as common law conflict of interest or bias) <br />–(2) the councilmember is awaiting advice from the Fair Political Practices Commission (FPPC) <br />–(3) the councilmember states that they are awaiting further information or clarification and will recuse themselves out of an abundance of caution. <br />•Prohibits participation in a vote if one has a conflict and provides that those with a conflict shall leave the <br />dais during the consideration of the matter, provided, however, that if the matter is being considered on the <br />Consent Calendar and has not been removed from Consent Calendar, the councilmember may remain on the <br />dais and disclose the reason. <br />•Clarifies, consistent with state law, that a disqualified councilmember may speak on the matter as a private <br />citizen. <br />•Provides that if a councilmember abstains on a vote in violation of the prohibition, the abstention shall be considered concurrence in the motion and the Clerk shall record the councilmember’s abstention as a “yes” vote. <br />•States that a tie vote means no action has been taken and the item under consideration will not be placed <br />upon a future agenda, unless by a majority vote of the City or based on new information or changes in <br />circumstances, in which the City Manager places the item on a future agenda.
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