05/17/1982 Meeting Minutes - Laserfiche WebLink

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JL the members, of Council in a'quorum properly called at any meeting. That is the way it is worked on other legislation passed. Mr. Carmen feels it is important to keep in mind that Mr. Toth's qualifications were discussed thoroughly at the Apri1 19 meeting and as he recalls, no one had any qualms with Mr. Toth himself. All of Council agreed he is qualified for the position but three or four members of Council felt the timing was not right. Mr. Carmen said there is a doctrine in this country called The Doctrine of Mandamus. It basically stated that there are certain acts which Public Officials are enpowered to do that are discretionary. There are other acts called Ministerial Acts that Public Officials have no choice but to do. Since the people of Mayfield Village passed the Charter amendment, the appointment of a.Finance Director is a Ministerial Act, something that must be done if Council feels the appointee is qualified. Council President Spellman again stated the amendment reads, "elected by the majority of those elected to Council." Mrs. Hanus said since there are just five members of Council present she would like to wait until the 24th to settle the discussion, as seven members will be present at that meeting. She stated no vote was taken but all of Council agreed Mr. Toth was qualified. However, Mr. Toth was the only person Council interviewed. She questioned what time Mr. Toth would have for Mayfield Village if he spends 40 hours a week working at Willoughby Hills. Council President Spellman stated it is his opinion, with the law as it reads, that the motion will fail. He recognized Mr. Feneli to speak nowo Mr. Feneli stated if this ordinance is interpreted under the ordinary statutory rules of construction for statutes and ordinances, this body was meant to conduct business with a quorum present. If this was not so, Council members could completely stymie the operations of the V.illage by being absent from meetings. Mr. Etzler stated, fir.st of all, the Chair does not rule this Council. This Council is ruled by Ordinance 75=32 and also by Roberts Rules of Order. Arbitrary decisions are not made by the Chair. They are made by the Council as a Whole. Secondly, anytime the Law Director in this Village is told he should not speak, something is wrong. He said at seminars he and Mrs. Bloom attended they were told by Government Officials throughout the State, listen to your Law Director. That is what he is hired for, that is why an ordinance was passed to engage his services, and that is what should be done. Thirdly, at the interview with Mr. Toth, Mr. Etzler said he did not hear a negative comment .from any member of Council. He said he would like to correct Mrs. Hanus, as Mr. Toth spends two days per week in Willoughby Hills, it is a part time position as it would be here. Mr. Etzler said Mr. Toth is willing to work for Mayf ield Village for half of the wages he feels he is entitled to. Mr. Etzler, seconded by Mrs. B1oom, made a motion to approve the Mayor's appointment.