Local Government TV

Friday, March 20, 2009

What Does a Present Vote Mean? - Part Three

This all started two weeks ago, when I asked your advice on whether a nonbinding resolution really passed in Northampton County Council. The vote was four to three, with one abstention and one present. You made some pretty impressive arguments both ways, which confused the hell out of me.

One week ago, I gave you the Word from Mount Olympus. Northampton County Council Solicitor Anthony Martino cheated and read the law. The Northampton County's Home Rule Charter plainly provides, "[t]he vote of a majority of the members shall be required for the adoption of an ordinance, resolution, or budget, unless otherwise provided by this Charter." The resolution failed.

Eckville Press wrote a brilliant dissenting opinion.

At last night's council meeting, during roll call, Council member Lamont McClure said he was present, and added, "This is the only time you'll ever hear me say present." John Cusick, the council member who actually delivered the "present" vote two weeks earlier, apologized for the confusion.

Lamont McClure acknowledges that the Charter speaks for itself, but is unsure whether every vote should require a majority of all members. He mentioned there are times when only five members can be present, which would require unanimous votes for everything. He'll be speaking to some of the Charter authors to determine their original intent and may convene a hearing.

Believe it or not, some of them are still present.

9 comments:

  1. i'm not usually a fan, but propos to lamont.

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  2. Seriously Bern, and no disrespect your emminence,

    But if you are going to be the leader, you have to dress for it.

    It is Lent. Your vestments should be purple or maroon.

    Those darn Maronite Catholic are always causing trouble.

    Peace, ~~Simon Peter

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  3. Hey Bernie,
    since you are always referencing the crucifixion and the passion play, I have a suggestion for Good Friday.
    Why don't you get your crew together, Stolz, Armstrong, Angle,AJ, Molovinsky and et al and have them nail you to a cross at the Nazareth city limits.
    People line up to do that over in the Philipines, I think you should bring that tradition home!

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  4. Mr. Anonymous Sir/Madam,

    Are you offering to perform the scouraging, the crowning, or carry the cross?

    That's right! You are Pontius Pilate. You passed judgement. Pharisee$!

    Then we can count you in to walk on Monday with the resurrected from Nazareth to Emmaus? Now those two guys were the lucky ones. They walked with the Lord and didn't even know it.

    Kind of sound familiar?

    Peace, ~~Alex

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  5. But then again, without such an element of people like Pontius, Pharisee$, and Judas none of this would be possible. So thank you for your part.

    Peace, ~~Alex

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  6. This comment has been removed by a blog administrator.

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  7. May God bless you, too!

    Peace, ~~Brother Alex

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  8. Eck still stands firm, my knees are not weakened.

    “a vote of a majority of the members”, without qualification, can best be described as “Majority vote –the Basic Requirement”

    The Basic Requirement for a Majority Vote, is more than half of the votes cast excluding “present” and “abstentions”. In this case 4 yea-3 no, the resolution passed.

    For the requirement of needing 5 affirmative votes needed to pass a resolution, (in this case) more qualification (language) is needed, a example being “a affirmative vote of a majority of the entire board”.

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