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OPINION

Perry says vote to rescind appointment failed

Mineral Daily News-Tribune
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To the Editor:

This is an explanation to city residents how the city council failed in a 2-1 vote to rescind my appointment and I remain appointed.

Duty of Mayor Damon Tillman is set forth in City Charter, Section 10: THE MAYOR – In part: “The Mayor shall be the chief executive officer of the City, and he [shall], except as otherwise herein provided, [see that the laws and ordinances of the City are enforced]”; …”.  (Shall, means mandatory and Lines and Brackets are for emphasis)

The number of votes necessary to adopt any motion, resolution or ordinance or pass any measure is a mandatory [3] yeas or affirmative votes. Any votes 2-1 or 2-3 will fail to pass any motion under City Charter, Section 8.  COUNCIL.

“The City of Keyser shall be governed by a Council, consisting of the Mayor and five Council members chosen as provided in Section Six, as amended, of this Charter.  Each of the said Council members shall have the right to vote on all questions coming before the Council, but the Mayor shall have no such right except as set forth in Section Six as amended and as set forth in this section as amended.  Four members of the Council, [or] the Mayor and three members of the Council shall constitute a quorum, and the affirmative vote of [three] Council members or the affirmative vote of two Council members and the Mayor in the event of a tie when there is a vacancy, absence or abstaining vote of one of the five members of council, shall be necessary to adopt any motion, resolution or ordinance or pass any measure.  Upon every vote the yeas and nays shall be called and recorded, and every resolution or ordinance shall be reduced to writing and read and identified by title before the vote is taken thereon.  (Amended 12-26-07.)”

A [quorum] is required for the city governing body to do city business and raise motions to vote on. When a mayor and three councilmen are present the council has authority raise motions and vote on that motion. When the votes are counted [3] yeas or affirmative votes is mandatory to pass any measure. The vote count of 2-1 is not a majority vote and will not pass the motion. The mayor can “only” vote when votes are counted 2-2 to break the tie. No other time.

On Dec. 9, 2020, the council raised a motion to rescind my appointment. Four councilmen were present and the vote count was 2-1. Jim Hannas and Jennifer Junkins voted yeas and Billy Meek voted nay and Mike Ryan voted abstain. Abstention votes are not counted. In short: the person doesn’t want to have any participation in the raised motion. Therefore, on Dec. 9, 2020, Jim Hannas and Jennifer Junkins failed to get [3] yeas or affirmative votes necessary to adopt any motion, resolution or ordinance or pass any measure. Damon Tillman, Jim Hannas and Jennifer Junkins know this. Obedient to law is not this council.

Curtis Perry

Keyser