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<br />Mayor Beebe asked for Councils:approval of the appointment of Mr. Steven <br />Toth as Finance Director. <br />Council President Spexlman stated it is not Councils intention to delay <br />the Mayor's appointmen.t_or to have him select someone else for the appoint- <br />ment, however ther.e is not all of Council here tonight as two members are <br />not present: <br />Mayor Beebe stated there is a quorum present, asking for a motion to approve <br />the appointment. <br />Council President Spellman stated Mayor Beebe is out of order. <br />Mayor Beebe said he would like to turii this over to the Law Director for an <br />opinion. <br />Council President Spellman stated Mayor Beebe could not turn the matter over <br />to the Law Dir.ector: He said.the Chair is the Parliamentarian, the Chair <br />has rule d, He stated the Law Director is not recognized to speak. <br />Mayor Beebe said he has just heard there is no intent to delay this issue but <br />this issue has been in discussion since January and if that is not a delay, <br />he does.not know what it coulcl be called. <br />Mayor Beebe asked for a.five minute recess with the Law Director. <br />Council President Spellman stated the Chair does not give permission to have <br />a five minute recess. <br />Council President Spellman stated he.would like to refer the matter to the <br />Committee of the Whole next Monday, lrlay 24. Then, all of.Council will be <br />present. He repeated that it is not the intent.ion of the Chair nor of <br />Council to delay the appointment. The issue is specifically whether the <br />ma.n is qualif ied for the position. We want to proceed in that direction. <br />Council President Spellman said, as Chair,man:,., he is ruling that we <br />move: discussion for next Monday and he is referring it to.the Committee <br />of the Whole; if there is a motion and a second - so be it. <br />Mr. Carmen said there could be a motion and second to vote. <br />Council President Spellma.n said the vote would not pass because it is written <br />in the amendment that the Finance.Director shall be appointed by the Mayor <br />subject to the confirmation by a vote of the majority of the members elected <br />to Council. He said that ma.jority is not present tonight. He said if it is <br />brought to a vote it may fail, which is why he is asking that that consideration <br />be taken up next Monday. <br /> Mr. Carmen said the statutory interpretation of the amendment is for the Law <br /> Director to decide. The amendment says that the ma.jority of the members of <br /> Couricil will vote upon the Mayor's appaintment, which he does not think that <br /> means the majority of the members of Council (7 members) but the majority of