HomeMy WebLinkAboutCC 1991-03-28 Discussion Item=� CITY OF M►AM►, FLORfbA
._ .WTjjft4PP1C9 MEMORANOIUM
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tD Fatty it DATE dune 1. 1987 PILE
City er ,
City Commission Moll call
on legislative items
PROM 'Lu is A. D gherty REFERENtEB:
City Attorney
ENCLOSL111E5
As you requested, this memorandum will oonfirm our advice
previously stated on the record that members of the City
Commission may only oast their votes on any item being considered
by them at the time the roll call is being taken.
No member may vote before the roll call; although, if a
member of the Commission has to leave the meeting prior to the
roll call, such member could make a statement on the record to
the effect that "if I were able to remain for the roll call, I
would be voting (for)(against) this item". The legal effect of
such a statement is nil and the statement is void of any
operative effect and the roll call vote should reflect the member
as being absent.
Please note also that any member of the Commission can vote
on any item despite the fact that such member may not be in his
or her seat at the time the roll call is being taken. So long as
the member is within your earshot; i.e., within the range of your
hearing. his or her vote should be recorded. To assist you, we
are sending a copy hereof to the Mayor and each Commissioner with
the suggestion that an audible response be given by each of them
to you at the time you address the member in the order of taking
the vote. In the absence of such audible response, you should
recordthemember's vote as you have interpreted his or her
gesture (nodding of head, "thumbs up", eto.) and announce
"Commissioner votes (yes)(no)". In this manner,
there will be a minimum. possibility of error or mistake in the
' taking of, any roil call vote and there will also be substantial
compliance with the requirements of law.
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