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HomeMy WebLinkAboutResolution - 5195 - Designates Mayor Pro Tem - 05_23_1996RESOLUTION NO.5195 May 23, 1996 Item #42 RESOLUTION WHEREAS, the City Council of the City of Lubbock is required to elect a mayor pro tern from among its membership pursuant to Chapter 1, Article IX, Section 12 of the Charter of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Alex "Ty" Cooke is elected mayor pro tern of the Lubbock City Council until such time as a successor may be elected and qualified. Passed by the City Council this 23rd day of icy , 1996. ATTEST: 3 Betty . Iohnson, City Secretary APPROVED AS TO FORM: I Y 4 Do ald G. Vandiver, First Assistant City Attorney ncv js/.REs ccdocsl, 1996 VID R. LANGSTON, I CONFIDENTIAL AND SUBJECT TO THE ATTORNEY -CLIENT PRIVILEGE To: Mayor David Langston From: Anita E. Burgess, City Attorn�� Subject: Parliamentary Rules and Election of Mayor Pro Tempore Date : May 22, 1996 We have reviewed the manner in which the City Council should elect the Mayor Pro Tempore at tomorrow's City Council meeting. The following summarizes our findings. FACTS. The City Charter directs the election of a Mayor Pro Tempore from among the members of the City Council at the first regular meeting of the City Council after newly elected members have qualified and taken their seats on the City Council following a regular municipal election. City Charter, Ch. 1, Art. IX, section 12. The City Charter is silent as to the procedures to be employed in the election of the Mayor Pro Tempore, as is the City of Lubbock Order of Business, Rules and Procedures Manual. ISSUE, In the absence of guidance in the above referenced authorities, what is the proper procedure for election of the Mayor Pro Tempore in the City of Lubbock. AUTHORITY. In the absence of specific direction in the Charter or Procedures Manual, the City should follow standard procedure as specified in Robert's Rules of Order, according to City Council Policy. That procedure is set forth in Ch. VIII, section 31 and Ch. XIV, section 45 of Robert's Rules. First, a council member may wish to make a motion to determine the method of making nominations for electing the Mayor Pro Tempore. Such a motion must be seconded and is not debatable. Passage of a motion to determine method will require majority vote. While it is possible such a motion will be posed, I think it likely that the more standard approach of the mayor calling for nominations from the floor will be employed. Therefore, I stand prepared to assist if such a motion is made, but limit comments here to the probable procedure. Under the procedure of nominations from the floor, the mayor calls for nominations by stating, "Nominations are now in order for the office of Mayor Pro Tempore." Members may then make nominations for the office by stating, "Mr. Mayor, I nominate Mr. A." A member need not be recognized to make a nomination, and no second is required. Nonetheless, sometimes a member will second a nomination to indicate endorsement. The Mayor will acknowledge any nomination with, "Mr. A is nominated. Are there any further nominations?" No one can nominate more than one person for office until every member wishing to make a nomination has had the opportunity to do so. When nominations are exhausted, the Mayor may ask for a motion to close the nominations. Such a motion must be seconded, and requires a 2/3rds vote. After close of nominations, the candidates are voted upon in order of nomination. The Mayor will call for the vote on each candidate by stating, "As many as are in favor of Mr. A for Mayor Pro Tempore say aye .. Those opposed say no ... The ayes have it and Mr. A is elected Mayor Pro Tempore." If the noes are in the majority, the wording is: "The noes have it and Mr. A is not elected. Those in favor of Mr. B (the second nominee) say aye ... Those opposed say no ...... As soon as one of the nominees receives a majority vote, the mayor declares him or her to be the Mayor Pro Tempore, and no votes are taken on the remaining nominees. If no candidate receives a majority vote, then the Mayor should call for a motion to reopen the nominations and initiate the above process until the Council elects a Mayor Pro Tempore. If only one candidate is nominated, the chair can take a voice vote, or he can declare the nominee is elected, thus effecting the election by general consent or "acclamation." I hope this answers your inquiry. Please let me know if you have additional questions. CC. City Manager City Secretary