Wednesday, September 22, 2010

Sun: Mayor Breaks A Tie Vote. Uh, Wrong.

With interest in the November 2nd mayor's race increasing, one topic of discussion inevitably is what happens in a tie city commission vote. Gene Aubry has promised to abstain from PAR votes, though what that means has yet to be defined. But assuming it happens, assuming Aubry does honor his pre-election pledge that some voters may have relied upon in voting for him, and he declines to vote on, say, a PAR site plan and the vote goes 2 - 2? What then?

In it's editorial out today, The Sun wants you to believe the mayor casts the deciding vote. But that would be wrong.

A cursory review of Sec. 3.08 of the City Charter reveals that No action of the Commission … shall be valid or binding unless adopted by the affirmative vote of three (3) or more of the Commissioners.” A tie vote is just that, a tie, and the subject of the vote therefore fails. The mayor has veto power but that's an entirely different discussion for another day (maybe soon).

Hey, it could be an honest mistake and, if so, Sun publisher Mike Field will say so, publicly.

Or maybe not.

Stay informed.

Bill Yanger

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